New Mexico House Approves Controversial Immigrant Safety Act
Locales: New Mexico, UNITED STATES

ALBUQUERQUE, NM - January 31st, 2026 - In a landmark vote on Thursday, the New Mexico House of Representatives approved the Immigrant Safety Act (House Bill 540), a controversial piece of legislation that seeks to significantly limit the state's collaboration with U.S. Immigration and Customs Enforcement (ICE). The bill, which passed by a margin of 66-27, aims to prohibit state and local government entities from entering into contracts with ICE for the operation of detention facilities or performing any work on behalf of the agency.
The bill's sponsor, Representative Joy Garratt (D-Albuquerque), framed the legislation as a vital step towards upholding New Mexico's values and protecting its immigrant communities. "This bill isn't about being 'for' or 'against' immigration policy at the federal level," Garratt explained following the vote. "It's about New Mexico refusing to allocate state resources to support a system many believe is inhumane and actively harms our communities. We are drawing a line, stating that New Mexico will not be complicit in the separation of families and the detention of individuals who contribute to the fabric of our state."
Advocates for the Immigrant Safety Act, including immigrant rights organizations like NM Political Report and the Santa Fe Dreamers Project, have long argued that New Mexico's involvement in ICE detention perpetuates a cycle of fear and distrust within immigrant communities. They point to numerous documented cases of due process violations, inadequate medical care, and instances of abuse within ICE detention centers. Furthermore, advocates highlight the economic strain placed on families when a wage-earner is detained, and the chilling effect on immigrant participation in essential services like healthcare and education.
"For years, New Mexico has allowed itself to be used as a holding ground for individuals swept up in federal immigration enforcement," stated Maria Sanchez, Executive Director of the Santa Fe Dreamers Project. "This bill sends a clear message that we will no longer be a party to that. It prioritizes community safety, family unity, and the fundamental human rights of all residents, regardless of immigration status."
However, the bill faces significant opposition from Republican lawmakers and some law enforcement officials, who express concerns about potential financial repercussions and a perceived weakening of public safety. Opponents argue that the loss of federal funding associated with ICE contracts could negatively impact vital state programs, including education, healthcare, and infrastructure. They also claim the bill will hinder local law enforcement's ability to cooperate with federal authorities on criminal investigations and border security matters.
"This is a reckless and short-sighted decision that will ultimately harm the citizens of New Mexico," warned Representative Robert Peterson (R-Roswell). "Federal funding is crucial for our state, and jeopardizing that funding over a political statement is irresponsible. Furthermore, limiting cooperation with ICE will make our communities less safe by allowing dangerous criminals to remain at large."
The debate surrounding the bill has also centered on the economic impact of ICE detention on local economies. While some argue that detention facilities provide jobs and generate revenue, others contend that the costs associated with housing and processing detainees - including legal fees, healthcare expenses, and law enforcement resources - outweigh any economic benefits. A 2025 study by the University of New Mexico's Bureau of Business and Economic Research suggested that the net economic impact of ICE detention in the state is negligible, and may even be negative when factoring in the social costs.
The bill's passage in the House marks a significant victory for immigrant rights activists in New Mexico. However, the fight is far from over. The Immigrant Safety Act now moves to the state Senate, where it is expected to face a tougher battle. Senate leadership has indicated that they will carefully consider the bill's potential financial implications and public safety concerns before bringing it to a vote.
Several amendments are also being considered, including proposals to exempt certain contracts from the ban, such as those related to emergency services or disaster relief. The coming weeks promise to be filled with intense lobbying and public debate as New Mexico grapples with the complex questions surrounding immigration, funding, and community safety. The outcome of the Senate vote will undoubtedly set a precedent for future immigration-related legislation in the state and potentially inspire similar movements across the Southwest.
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