CLEM TELLS ME WE CAN EXPECT A FEW CHANGES TO GO INTO EFFECT. NOW HEADS TO THE GOVERNOR’S DESK. HOUSE BILL NINE PASSING ON A 24 TO 15 VOTE THROUGH THE NEW MEXICO SENATE TUESDAY NIGHT. THE BILL PROHIBITING NEW MEXICO STATE AND LOCAL GOVERNMENTS FROM CONTRACTING WITH ICE TO DETAIN INDIVIDUALS FOR CIVIL IMMIGRATION VIOLATIONS WITHOUT SEEING THE TRUE CONTENT OF THE LAW. I’M NOT SURE THAT THE STATE LAW CAN OVERRIDE FEDERAL LAW. IF THERE WAS GOING TO BE A FEDERAL IMMIGRATION DETENTION CENTER ON FEDERAL GROUNDS. BUT THE QUESTION REMAINS WHAT IS NEXT? WE ASKED RETIRED U.S. BORDER PATROL CHIEF CHRIS CLEM. TWO THINGS WILL LIKELY HAPPEN. ACTUALLY, WILL BOTH HAPPEN. ONE WILL MORE LIKELY BE AN EXPEDITED REVIEW OF THEIR CASE. LIKE IF, YOU KNOW, IF THEY HAVE A HEARING IN A MATTER OF DAYS, LET’S GET THAT REVIEWED SO THEY CAN MAKE A MOST EFFICIENT DECISION ON BEHALF OF THE GOVERNMENT. THE OTHER THING WHICH WILL HAPPEN IS IF THERE ARE NO LONGER THERE’S NO LONGER ROOM AT THE END BECAUSE OF THE BILL, THEN THEY WILL TRANSFER THOSE DETAINEES TO OTHER HOLDING FACILITIES OUTSIDE OF THE STATE OF NEW MEXICO. THREE DETENTION CENTERS ACROSS THE STATE, TWO OF THEM OPERATING UNDER CONTRACTS BETWEEN PRIVATE COMPANIES AND FEDERAL GOVERNMENT. IN 2025, THE OTERO COUNTY PROCESSING CENTER HELD MORE THAN 800 IMMIGRANTS. THE CIBOLA COUNTY CORRECTIONAL CENTER HAD ABOUT 163 IMMIGRANTS AWAITING DEPORTATION. OFTEN TIMES, BECAUSE WE KNOW THE FEDERAL GOVERNMENT DOES THESE CONTRACTS, THAT ALLOWS THE SHERIFF OR ANY OF THE PRIVATE SECURITY COMPANIES TO EMPLOY PEOPLE, USUALLY FROM THAT COMMUNITY. SO IF YOU DON’T HAVE THE NEED, THEY’RE GOING TO ULTIMATELY EITHER BE REASSIGNED OR LET GO. BOTH SIDES OF THE AISLE ADD ONS. THIS PROTECTS IMMIGRANTS FROM INHUMANE CONDITIONS THAT WE KNOW HAVE BEEN REPORTED. HUMAN RIGHTS VIOLATIONS ACROSS THE BOARD. ICE IS SIMPLY ENFORCING THE LAWS PASSED BY CONGRESS. WE TALK ABOUT DEMOCRACY
What’s next as bill to ban immigration detention in New Mexico heads to governor’s desk
According to the Governor’s office, there will be a signing ceremony for the ‘Immigrant Safety Act’ at 9 a.m. on Thursday, Feb. 5, 2026
The Immigrant Safety Act, also known as House Bill 9, passed through the New Mexico Senate by a 20 to 15 vote, with Republican opposition, according to New Mexico Senate Republicans, during the 30-day 57th Legislative Second Session at the New Mexico State Capitol in Santa Fe, New Mexico, on Tuesday, Feb. 3, 2026. MORE: Immigrant Safety Act heads to House floorThe Immigrant Safety Act is sponsored by Reps. Eleanor Chávez, Andrea Romero, Marianna Anaya, Angelica Rubio and New Mexico State Senator Joseph Cervantes. New Mexico is one of 8 states that have introduced or passed legislation to shut down immigrant detention facilities. Those states include California, Illinois, Maryland, New Jersey, New York, Oregon and Washington.Currently, there are three immigration detention facilities in New Mexico which include: Torrance County Detention facility, Otero County Processing Center and the Cibola County Detention Center.View HB 9, here Related: Torrance County Commission extends contract with ICE officialsOn Wednesday, Feb. 4, 2026, KOAT spoke with retired U.S. Border Chief Chris Clem on what the state of New Mexico could expect once the bill is signed into the law by Gov. Michelle Lujan Grisham. According to the Governor’s office, there will be a signing ceremony at 9 a.m. on Thursday, Feb. 5, 2026. “Without seeing the true content of the law, I’m not sure that the state law can override federal law if there was going to be a federal immigration detention center on federal grounds—that I’m unclear of, because I don’t know the context,” Clem told KOAT. What happens to individuals detained? (Jobs, etc.)”What will happen to those individuals in custody—two things will likely happen. One will more likely be an expedited review of their case. If they have a hearing in a matter of days, ‘let’s get that reviewed,’ so they can make a most efficient decision on behalf of the government,” Clem said. “The other thing which will happen is there’s no longer room at the end, because of the bill. Then they will transfer those detainees to other holding facilities outside of the state of New Mexico,” Clem said.MORE: New Mexico lawmakers to discuss Immigrant Safety Act”Oftentimes because we know the federal government does these contracts that allows the sheriff or any of the private, security companies to employ people, usually from that community. So, if you don’t have the need, they’re going to ultimately either be reassigned or let go,” Clem told KOAT. What’s the Immigrant Safety Act?”It’ll prohibit public bodies from entering into agreements used to detain individuals for federal civil immigration violations. The bill will also require the termination of any such existing agreements, prohibiting public bodies from otherwise using public property to facilitate detaining individuals from federal civil immigration violations.”Stay updated on the latest from the Roundhouse in Santa Fe with updates on the KOAT app. Download here
The Immigrant Safety Act, also known as House Bill 9, passed through the New Mexico Senate by a 20 to 15 vote, with Republican opposition, according to New Mexico Senate Republicans, during the 30-day 57th Legislative Second Session at the New Mexico State Capitol in Santa Fe, New Mexico, on Tuesday, Feb. 3, 2026.
MORE: Immigrant Safety Act heads to House floor
The Immigrant Safety Act is sponsored by Reps. Eleanor Chávez, Andrea Romero, Marianna Anaya, Angelica Rubio and New Mexico State Senator Joseph Cervantes. New Mexico is one of 8 states that have introduced or passed legislation to shut down immigrant detention facilities. Those states include California, Illinois, Maryland, New Jersey, New York, Oregon and Washington.
Currently, there are three immigration detention facilities in New Mexico which include: Torrance County Detention facility, Otero County Processing Center and the Cibola County Detention Center.
View HB 9, here
Related: Torrance County Commission extends contract with ICE officials
On Wednesday, Feb. 4, 2026, KOAT spoke with retired U.S. Border Chief Chris Clem on what the state of New Mexico could expect once the bill is signed into the law by Gov. Michelle Lujan Grisham. According to the Governor’s office, there will be a signing ceremony at 9 a.m. on Thursday, Feb. 5, 2026.
“Without seeing the true content of the law, I’m not sure that the state law can override federal law if there was going to be a federal immigration detention center on federal grounds—that I’m unclear of, because I don’t know the context,” Clem told KOAT.
What happens to individuals detained? (Jobs, etc.)
“What will happen to those individuals in custody—two things will likely happen. One will more likely be an expedited review of their case. If they have a hearing in a matter of days, ‘let’s get that reviewed,’ so they can make a most efficient decision on behalf of the government,” Clem said.
“The other thing which will happen is there’s no longer room at the end, because of the bill. Then they will transfer those detainees to other holding facilities outside of the state of New Mexico,” Clem said.
MORE: New Mexico lawmakers to discuss Immigrant Safety Act
“Oftentimes because we know the federal government does these contracts that allows the sheriff or any of the private, security companies to employ people, usually from that community. So, if you don’t have the need, they’re going to ultimately either be reassigned or let go,” Clem told KOAT.
What’s the Immigrant Safety Act?
“It’ll prohibit public bodies from entering into agreements used to detain individuals for federal civil immigration violations.
The bill will also require the termination of any such existing agreements, prohibiting public bodies from otherwise using public property to facilitate detaining individuals from federal civil immigration violations.”
Stay updated on the latest from the Roundhouse in Santa Fe with updates on the KOAT app. Download
