IMMIGRANT SAFETY ACT

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AN ACT
RELATING TO PUBLIC BODIES; ENACTING THE IMMIGRANT SAFETY ACT;
PROHIBITING PUBLIC BODIES FROM ENTERING INTO AGREEMENTS USED
TO DETAIN INDIVIDUALS FOR FEDERAL CIVIL IMMIGRATION
VIOLATIONS AND REQUIRING THE TERMINATION OF ANY SUCH EXISTING
AGREEMENTS; PROHIBITING PUBLIC BODIES FROM OTHERWISE USING
PUBLIC PROPERTY TO FACILITATE DETAINING INDIVIDUALS FOR
FEDERAL CIVIL IMMIGRATION VIOLATIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. SHORT TITLE.--This act may be cited as the
"Immigrant Safety Act".
SECTION 2. DEFINITION.--As used in the Immigrant Safety
Act, "public body" means a state or local government, a
sheriff's department, an advisory board, a commission, an
agency or an entity created by the constitution of New Mexico
or any branch of government that receives public funding,
including political subdivisions, special tax districts,
school districts and institutions of higher education.
"Public body" includes an entity or individual acting on
behalf of or within the scope of the authority of the public
body.
SECTION 3. PROHIBITING PUBLIC BODIES FROM ENTERING INTO
AGREEMENTS USED TO DETAIN INDIVIDUALS FOR FEDERAL CIVIL
IMMIGRATION VIOLATIONS AND REQUIRING PUBLIC BODIES TO
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TERMINATE ANY SUCH EXISTING AGREEMENTS.--
A. A public body shall not enter into, extend,
renew or otherwise agree to be a party to an agreement to
detain individuals for federal civil immigration violations,
including an intergovernmental services agreement to detain
individuals for civil immigration violations. A public body
shall not enter into, extend, renew or otherwise agree to a
rider, amendment, supplement or other modification to an
agreement where the rider, amendment, supplement or other
modification is to detain individuals for federal civil
immigration violations.
B. A public body that is a party to an existing
agreement that is used to detain individuals for federal
civil immigration violations shall, upon the effective date
of the Immigrant Safety Act, terminate the agreement upon the
earliest date permissible under the terms of the agreement,
with respect to all provisions that relate to the detention
of individuals for federal civil immigration violations.
C. A public body shall not sell, trade, lease or
otherwise dispose of any real property to be used for the
detention of individuals for federal civil immigration
violations.
D. A public body shall not impose or continue in
effect any law, ordinance, policy or regulation that violates
or conflicts with the provisions of the Immigrant Safety Act.
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E. Nothing in this section shall be construed to
limit the ability of law enforcement personnel to detain
individuals or to perform brief investigative stops as
permitted by state law.
SECTION 4. PROHIBITING PUBLIC BODIES FROM ENTERING INTO
AGREEMENTS TO DEPUTIZE OFFICERS, EMPLOYEES OR AGENTS TO
PERFORM FUNCTIONS OF IMMIGRATION OFFICERS.--
A. A public body shall not enter into, extend,
renew or otherwise agree to be a party to an agreement to
investigate, apprehend, detain or transport individuals
pursuant to 8 U.S.C. Section 1357(g) or 8 C.F.R. Section
287.7.
B. A public body shall not agree to be a party to
an agreement that deputizes officers, employees or agents of
the public body to perform a function of an immigration
officer in relation to the investigation, apprehension,
detention or transportation of noncitizens in the United
States or the removal of noncitizens from the United States.
C. A public body that is a party to an existing
agreement to investigate, apprehend, detain or transport
individuals pursuant to 8 U.S.C. Section 1357(g) or 8 C.F.R.
Section 287.7 shall, upon the effective date of the Immigrant
Safety Act, terminate the agreement upon the earliest date
permissible under the terms of the agreement. Where the
termination clause of the agreement permits the public body
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to invoke exigent circumstances involving public safety, the
public body shall do so.
SECTION 5. ENFORCEMENT.--
A. The attorney general or a district attorney may
institute a civil action in district court if the attorney
general or district attorney has reasonable cause to believe
that a violation of the Immigrant Safety Act has occurred or
to prevent a violation of that act from occurring.
B. In an action brought under Subsection A of this
section, the court may award appropriate relief, other than
monetary damages, to include declaratory and temporary,
preliminary or permanent injunctive relief.
SECTION 6. SEVERABILITY.--If any part or application of
the Immigrant Safety Act is held invalid, the remainder or its
application to other situations or persons shall not be
affected.