HOUSE MEMORIAL 54

53rd legislature - STATE OF NEW MEXICO - second session, 2018

INTRODUCED BY

Patricia Roybal Caballero

 

 

 

 

 

A MEMORIAL

AFFIRMING THE COMMITMENT OF NEW MEXICO AND ITS POLITICAL SUBDIVISIONS TO HUMAN AND CIVIL RIGHTS AND TO FREEDOM FOR REFUGEES AND IMMIGRANTS, BOTH DOCUMENTED AND UNDOCUMENTED.

 

     WHEREAS, a substantial portion of New Mexico's population is of Hispanic heritage, and many people's roots in New Mexico go back four hundred years to Native Americans and the original Spanish explorers; and

     WHEREAS, through many centuries, New Mexico has been home to many migrants and immigrants who came seeking better lives for themselves and their families; and

     WHEREAS, the people of New Mexico have rich and lasting multicultural traditions and a history of tolerance toward all people, cultures, traditions and lifestyles and recognize the right to define their way of life; and

     WHEREAS, the human and civil rights of the residents of the state should not be diminished or otherwise infringed; and

     WHEREAS, no state law, ordinance, resolution or policy should be enacted or adopted nor should any action be condoned that discriminates on the basis of ethnicity, race, age, religion, creed, color, national origin, ancestry, sex, gender, sexual orientation, physical or mental disability, medical condition or citizenship status; and

     WHEREAS, the productive relationship between New Mexico and immigrants living in the state would be undermined if the state were to retreat from its long-standing support of immigrant-friendly policies; and

     WHEREAS, New Mexico should adopt policies that welcome, integrate and embrace migrants, undocumented immigrants, refugees and their families into the local community, irrespective of their citizenship status; and

     WHEREAS, New Mexico does not discriminate on the basis of a person's national origin, and all persons will be treated equally with respect and dignity, regardless of their immigration status; and

     WHEREAS, no state resources will be used to identify or apprehend any non-citizen on the sole basis of the person's immigration status, unless otherwise lawfully required to do so; and

     WHEREAS, New Mexico has long recognized the contributions made to its economy and culture by its community of immigrants, who often live in mixed-status families with United States citizen children and are long-time residents of the state; and

     WHEREAS, the use of resources by the state to enforce federal civil immigration laws both diverts resources from other productive services for the people of New Mexico and undermines a productive and trusting relationship between the undocumented community and the state; and

     WHEREAS, the state has the authority to preserve the confidentiality of certain private and sensitive information of its residents obtained for the purposes of carrying out essential state functions, and the residents of New Mexico have a basic expectation that certain sensitive and private information will be not be disclosed; and

     WHEREAS, the tenth amendment to the United States constitution provides that the powers that are not delegated expressly or by implication to the United States or prohibited to the states are reserved to the states, respectively, or to the people, and that has been interpreted by the United States supreme court to preclude the federal government from compelling or commandeering any state or local government, either directly or by the use of coercive threats to withhold federal funding, to adopt federal programs or enforce federal laws, including immigration laws; and

     WHEREAS, New Mexico and its political subdivisions, agents, agencies, officers and employees in performance of official duties should not, to the extent legally possible, assist or voluntarily cooperate with United States department of homeland security investigations or arrest procedures relating to alleged violations of immigration law;

     NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF NEW MEXICO that it affirm and continue to abide by its nondiscrimination and integration policies toward residents, irrespective of immigration and citizenship status; and

     BE IT FURTHER RESOLVED that the house of representatives affirm its immigrant-friendly status and commitment; and

     BE IT FURTHER RESOLVED that the house of representatives recognize the state's status as a welcoming community and ask that all state agencies and all agencies operating under a political subdivision of the state accept driving authorization cards and non-REAL-ID-compliant identification cards issued by the motor vehicle division of the taxation and revenue department for all purposes for which it accepts REAL-ID-compliant driver's licenses and identification cards issued by the division; and

     BE IT FURTHER RESOLVED that the house of representatives request that no one acting on behalf of the state or its political subdivisions voluntarily use the federal e-verify system to investigate or determine the work eligibility of applicants for employment unless required by law for the purposes of administering a federal benefit or program; and

     BE IT FURTHER RESOLVED that the house of representatives continue to promote, enforce and defend policies and procedures that protect the human and civil rights of all residents and that ensure adherence to the nondiscrimination principles; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the governor and all New Mexico counties and incorporated municipalities.

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