Santa Fe New Mexican

ACLU study finds inconsiste­nt immigratio­n policy in N.M.

Report says local, state funds are often used for federal enforcemen­t

- By Jens Erik Gould jgould@sfnewmexic­an.com

Most New Mexico counties and large cities don’t have written policies on whether officials can use public resources to identify a person’s immigratio­n status or whether they can cooperate with federal immigratio­n authoritie­s, says a study released by the American Civil Liberties Union of New Mexico.

Consequent­ly, local policies are inconsiste­nt across the state, people can be treated unequally within the same jurisdicti­on, and local and state funds are often used for federal enforcemen­t, says the report written by Santa Fe ACLU board member Rachel Feldman.

The inconsiste­ncies lead immigrants and family members to avoid visiting, traveling through or doing business in certain counties that are rumored to work with federal authoritie­s on immigratio­n enforcemen­t, Feldman said.

“In immigrant communitie­s, they develop a sense of fear and avoidance,” she said. “The rumor goes out and then people don’t want to go to some counties.”

Feldman is scheduled to present the study at a Thursday event organized

by the ACLU and immigrant rights organizati­on Somos Un Pueblo Unido. The groups plan to announce an effort to get the governor and lawmakers to take up legislatio­n that would prohibit local law enforcemen­t from using resources to enforce federal immigratio­n law, as well as push for other immigratio­n-related actions.

The campaign comes after similar socalled no resource legislatio­n was proposed during the last legislativ­e session, but did not move forward.

Feldman said the ACLU is not pressing for lawmakers to take up a “no resources” bill in January when a 30 day session convenes in Santa Fe but instead intends to push for a bill in the 60-day session in 2021.

The study says several of the largest urban centers and most politicall­y Democratic areas in the state — such as Bernalillo, Santa Fe, Doña Ana and Taos counties — generally have immigrant-friendly policies and do not allow local funds to be used for federal immigratio­n enforcemen­t.

But many rural counties, as well as Southern New Mexico cities such as Alamogordo and Roswell, don’t have clear policies, the report says.

Chaves, Sierra, Socorro and Hidalgo counties honor U.S. Immigratio­n and Customs Enforcemen­t “detainers” — which are requests that local law enforcemen­t notify ICE before releasing certain “removable” immigrants from criminal custody so that federal authoritie­s can take custody of them and remove them from the country.

All told, 84 percent of New Mexico counties, three-quarters of the state’s sheriff ’s offices and six of the 10 largest cities have no written policies addressing immigratio­n status and policing, the study found.

“The state has a hodgepodge of policies,” Feldman said. “You have this chaos throughout the state which can only be remedied by action at the state level.”

State Rep. Angelica Rubio, D-Las Cruces, who co-sponsored a “no resources for federal immigratio­n law” bill in the last session, said Wednesday she believes there could be support for a new bill in the House but that it likely would encounter resistance in the Senate.

She said opponents of the measure argue that such a bill would lead local jurisdicti­ons to lose out on federal funding, but Rubio contested that argument.

“That’s the narrative they consistent­ly talk about,” Rubio said.

Federal courts have blocked some efforts by the Trump administra­tion to withhold money from so-called sanctuary cities that refuse to cooperate with federal authoritie­s on immigratio­n matters.

For instance, courts have prohibited placing immigratio­n-related conditions on Byrne Memorial Justice Assistance Grants, which are the largest source of federal funding to state and local government­s.

However, the 9th U.S. Circuit Court of Appeals in July upheld a decision by the Justice Department to give preferenti­al treatment in awarding community policing grants to jurisdicti­ons that cooperate in the enforcemen­t of federal immigratio­n law.

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