New Mexico SB 250: STATE ENFORCEMENT OF IMMIGRATION LAW

Bill Text

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SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR
SENATE BILL 250
57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
AN ACT
RELATING TO FEDERAL USE OF STATE RESOURCES; PROHIBITING STATE
AND LOCAL AGENCIES FROM EXPENDING RESOURCES TO ENFORCE FEDERAL
IMMIGRATION LAWS; MAKING DETAINMENT OF FEDERAL PRISONERS
DISCRETIONARY PURSUANT TO FEDERAL LAW; REPEALING AN OBSOLETE
FEDERAL REFERENCE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] NON-ENFORCEMENT OF FEDERAL
IMMIGRATION LAWS.--
A. Except as provided in Section 33-3-16 NMSA 1978,
neither the state nor a political subdivision of the state,
including a home rule municipality, or their agencies and
instrumentalities shall use or authorize the use of public
funds, personnel, property, equipment or other resources for
the purpose of identifying, detecting, apprehending, arresting,
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SJC/SB 250
detaining or prolonging the detention of a person based on a
suspicion or knowledge that the person has entered or is
residing in the United States in violation of federal
immigration laws or for the purpose of assisting agents of the
federal government in any such activity based on such suspicion
or knowledge.
B. Nothing in this section shall affect an existing
written contract between a county government and the federal
government for the housing of federal detainees or the
extension of such contract.
SECTION 2. Section 33-3-16 NMSA 1978 (being Laws
1865-1866, Chapter 19, Section 15, as amended) is repealed and
a new Section 33-3-16 NMSA 1978 is enacted to read:
"33-3-16. [NEW MATERIAL] UNITED STATES PRISONERS.--
A. As used in this section:
(1) "jail administrator" means a person hired
by a county, a municipality or a combination of these who
supervises the entire operation of the jail and reports
directly to the administrative head of the local governmental
entity or local governing body; and
(2) "sheriff" includes sheriff's deputies.
B. A sheriff, a jailer, a jail administrator or an
independent contractor that operates a jail and that receives
custody of a person through a warrant or order issued by a
United States district judge in a criminal proceeding may keep
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SJC/SB 250
the person in custody until the person is released under the
laws of the United States. The United States is responsible
for the payment of the jail fee established by the sheriff,
jailer, jail administrator or independent contractor that
operates the jail."
SECTION 3. REPEAL.--Section 29-1-10 NMSA 1978 (being Laws
1966, Chapter 24, Section 1) is repealed.
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