Republican State Sen. Jim Townsend is urging U.S. Attorney General Pam Bondi and the Department of Justice to intervene over House Bill 9. HB 9, the Immigrant Safety Act, aims to prohibit state and local governments in New Mexico from contracting with Immigration and Customs Enforcement. The bill has passed the House and is now moving to the Senate during the 30-day legislative session in Santa Fe.In a letter, Townsend raised constitutional concerns regarding the measure and referenced a recent federal court decision between Core Civic and the state of New Jersey. Core Civic is a private company that owns detention facilities, including in New Mexico. In 2021, New Jersey passed a law barring local state and government agencies and private detention facilities from entering an immigration detention agreement, unless it conflicted with federal law. An appeals court sided with Core Civic, stating that the state cannot ban private companies from contracting with the federal government to detain immigrants.KOAT legal analyst John Day said New Mexico’s bill is different from New Jersey’s law and may be more likely to withstand a legal challenge.”The New Jersey law apparently only sought to regulate the contracts between private companies and ICE. New Mexico law doesn’t seek to do that. It doesn’t seek to regulate private companies’ ability to contract,” Day said.KOAT reached out to Democrats in the House and Senate for a response to Townsend’s letter, but did not get an official response.
Republican State Sen. Jim Townsend is urging U.S. Attorney General Pam Bondi and the Department of Justice to intervene over House Bill 9.
HB 9, the Immigrant Safety Act, aims to prohibit state and local governments in New Mexico from contracting with Immigration and Customs Enforcement. The bill has passed the House and is now moving to the Senate during the 30-day legislative session in Santa Fe.
In a letter, Townsend raised constitutional concerns regarding the measure and referenced a recent federal court decision between Core Civic and the state of New Jersey. Core Civic is a private company that owns detention facilities, including in New Mexico.
In 2021, New Jersey passed a law barring local state and government agencies and private detention facilities from entering an immigration detention agreement, unless it conflicted with federal law. An appeals court sided with Core Civic, stating that the state cannot ban private companies from contracting with the federal government to detain immigrants.
KOAT legal analyst John Day said New Mexico’s bill is different from New Jersey’s law and may be more likely to withstand a legal challenge.
“The New Jersey law apparently only sought to regulate the contracts between private companies and ICE. New Mexico law doesn’t seek to do that. It doesn’t seek to regulate private companies’ ability to contract,” Day said.
KOAT reached out to Democrats in the House and Senate for a response to Townsend’s letter, but did not get an official response.
