SENATE BILL 152

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Richard C. Martinez

FOR THE COURTS, CORRECTIONS AND JUSTICE COMMITTEE

AN ACT

RELATING TO LAW ENFORCEMENT; PROHIBITING STATE AND LOCAL LAW ENFORCEMENT AGENCIES FROM ENFORCING FEDERAL IMMIGRATION LAWS IN CERTAIN CIRCUMSTANCES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 29-1-10 NMSA 1978 (being Laws 1966, Chapter 24, Section 1) is amended to read:

     "29-1-10. LAW ENFORCEMENT AGENCIES--USE OF CERTAIN RESOURCES PROHIBITED.--[All state and local law enforcement agencies are hereby authorized to participate in the Federal Law Enforcement Assistance Act of 1965, Public Law 98-197.]

          A. A law enforcement agency of the state or a political subdivision of the state shall not use state funds, equipment, personnel or resources nor accept or utilize federal funds, equipment, personnel or resources for the purpose of detecting or apprehending persons whose only violation of law is that they are persons of foreign citizenship who are present in the United States in violation of federal immigration laws in Title 8 of the United States Code, unless otherwise legally required to do so.

          B. Subsection A of this section does not apply to a law enforcement officer who witnesses a person committing a misdemeanor by illegally crossing an international border of the United States.

          C. A state, county or local law enforcement officer may respond to a request by a federal law enforcement officer for assistance, except as prohibited by Subsection A of this section."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2011.

- 2 -