HOUSE BILL 72

54th legislature - STATE OF NEW MEXICO - second session, 2020

INTRODUCED BY

Angelica Rubio

 

 

 

 

 

AN ACT

RELATING TO LAW ENFORCEMENT; ENACTING THE IMMIGRATION DETENTION FACILITIES ACT; RESTRICTING CONTRACTS FOR IMMIGRATION DETENTION FACILITIES; IMPOSING REQUIREMENTS FOR IMMIGRATION DETENTION FACILITIES; REQUIRING INSPECTION AND REPORTING BY THE ATTORNEY GENERAL.

 

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

     SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Immigration Detention Facilities Act".

     SECTION 2. [NEW MATERIAL] DEFINITION.--As used in the Immigration Detention Facilities Act, "immigration detention facility" means a facility that houses or detains for any length of time noncitizens for purposes of civil immigration custody or detention.

     SECTION 3. [NEW MATERIAL] LEGISLATIVE INTENT.--

          A. In keeping with its obligation to safeguard the humane and just treatment of all individuals located in New Mexico, it is the intent of the legislature that this bill declare:

                (1) that the state does not tolerate profiting from the incarceration of people held in immigration detention; and

                (2) the state's desire to ensure the just and humane treatment of its most vulnerable populations.

          B. It is the further intent of the legislature to ensure the uniform treatment of individuals detained within county, municipal or private immigration detention facilities operating in New Mexico in a manner that meets or exceeds the federal standards and other applicable legal requirements.

     SECTION 4. [NEW MATERIAL] CONTRACTS FOR DETENTION FACILITIES--PERMITS FOR DETENTION FACILITIES.--

          A. A county or municipality that does not, as of July 1, 2020, have a contract with the federal government or a private corporation to house or detain noncitizens for purposes of civil immigration custody, shall not, after June 30, 2020, enter into a contract with the federal government or a private corporation to house or detain in an immigration detention facility noncitizens for purposes of civil immigration custody.

          B. A county or municipality that, as of July 1, 2020, has an existing contract with the federal government or a private corporation to detain noncitizens for purposes of civil immigration custody, shall not, after June 30, 2020, renew or modify that contract in a manner that would expand the maximum number of contract beds that may be utilized to house or detain in an immigration detention facility noncitizens for purposes of civil immigration custody.

          C. A county or municipality that, as of July 1, 2020, has an existing contract with a private corporation to detain noncitizens for purposes of civil immigration custody, shall not, after June 30, 2020, enter into or renew a contract or modify a contract to extend the length of the contract.

          D. The state or a political subdivision of the state shall not, after June 30, 2020, approve or sign a deed, instrument or other document related to a conveyance of land, or issue a permit for the building or reuse of existing buildings by any private corporation, contractor or vendor, to house or detain noncitizens for purposes of civil immigration proceedings unless the state or political subdivision has:

                (1) provided notice to the public of the proposed conveyance or permitting action at least one hundred eighty days before execution of the conveyance or permit; and

                (2) solicited and heard public comments on the proposed conveyance or permit action in at least two separate meetings open to the public.

          E. Any immigration detention facility that detains a noncitizen pursuant to a contract with a county or municipality is subject to the Inspection of Public Records Act.

     SECTION 5. [NEW MATERIAL] CONTRACTS RELATED TO MINORS.--

          A. A county or municipality that does not, as of July 1, 2020, have a contract with the federal government to house or detain an accompanied or unaccompanied minor in the custody of or detained by the federal office of refugee resettlement or the federal department of homeland security shall not enter into a contract with the federal government to house minors in an immigration detention facility.

          B. A county or municipality that, as of July 1, 2020, has an existing contract with the federal government to house or detain an accompanied or unaccompanied minor in the custody of or detained by the federal office of refugee resettlement or the federal department of homeland security shall not renew or modify that contract in such a way as to expand the maximum number of contract beds that may be utilized to house minors in an immigration detention facility.

          C. This section does not apply to temporary housing of any accompanied or unaccompanied minor in less restrictive settings when the children, youth and families department certifies a necessity for a contract based on changing conditions of the population in need and if the housing contract:

                (1) is temporary in nature and nonrenewable on a long-term or permanent basis; and

                (2) meets all applicable federal and state standards for that housing.

     SECTION 6. [NEW MATERIAL] ACCESS TO COUNSEL AND INTERPRETERS--SEXUAL ORIENTATION--CIVIL ENFORCEMENT--PENALTY.--

          A. A county, municipal or private immigration detention facility operator, an agent of an immigration detention facility or a person acting on behalf of an immigration detention facility shall not deprive a noncitizen in civil immigration proceedings access to an attorney or any other person authorized by the United States department of justice or access to a translator or interpretation services.

          B. A noncitizen shall not be involuntarily placed in segregated housing in a county, municipal or private immigration detention facility because of the noncitizen's actual or perceived gender, gender identity, gender expression or sexual orientation. A transgender or gender-nonconforming noncitizen shall be given the option to choose a housing placement consistent with the noncitizen's gender identity.

          C. If a county, municipal or private immigration detention facility operator, an agent of an immigration detention facility or a person acting on behalf of an immigration detention facility violates applicable federal or state standards for detaining noncitizens, the attorney general or designee, a district attorney or a municipal or tribal attorney may bring a civil action for injunctive and other appropriate equitable relief. Any such action may also seek damages on behalf of noncitizens injured by an immigration detention facility or a person acting on behalf of an immigration detention facility. If damages are requested, they shall be assessed individually against each person that is determined to have violated this section, and the damages shall be awarded among individuals who have been injured pursuant to this section.

     SECTION 7. [NEW MATERIAL] INSPECTION OF IMMIGRATION DETENTION FACILITIES--REPORTING BY THE ATTORNEY GENERAL.--

          A. The attorney general or designee shall review county, municipal or private immigration detention facilities in which noncitizens are being housed or detained for purposes of civil immigration proceedings in New Mexico, including a county, municipal or private immigration detention facility in which an accompanied or unaccompanied minor is housed or detained on behalf of, or pursuant to a contract with, the federal office of refugee resettlement or federal department of homeland security. Facility reviews by the attorney general may be announced or unannounced to the operator of the immigration detention facility. The attorney general shall have authority over which facilities may be reviewed and when.

          B. By no later than September 30, 2021, the attorney general shall complete a review of county, municipal or private immigration detention facilities in which noncitizens are being housed or detained for purposes of civil immigration proceedings in New Mexico, including county, municipal or private immigration detention facilities in which an accompanied or unaccompanied minor is housed or detained on behalf of, or pursuant to a contract with, the federal office of refugee resettlement or the federal department of homeland security.

          C. The review performed pursuant to Subsection B of this section shall include a review of the:

                (1) conditions of confinement;

                (2) standard of care and due process provided to detainees; and

                (3) circumstances around detainees' apprehension and transfer to the facility.

          D. By no later than January 15, 2022, the attorney general shall provide the legislature and the governor with a comprehensive report outlining the findings of the review described in Subsection B of this section, which report shall be posted on the website maintained by the attorney general and shall be otherwise made available to the public upon its release to the legislature and the governor.

          E. The attorney general shall conduct annual reviews of the immigration detention facilities pursuant to Subsections A and C of this section and shall provide annual reports to the legislature and the governor, including a written summary of findings, if appropriate, regarding the progress of these reviews and any relevant findings. These reports shall be provided to the legislature and the governor no later than January 15 of each year. The office of the attorney general shall post these reports on its website.

          F. The attorney general shall be provided all necessary access by a county, municipal or private immigration detention facility in which noncitizens are being housed or detained for purposes of civil immigration proceedings in New Mexico for the observations necessary to effectuate reviews required pursuant to this section, including access to detainees, officials, personnel and records. The attorney general may promulgate rules pursuant to this section. The attorney general may initiate appropriate proceedings to enforce the provisions of this section and any rules the attorney general promulgates pursuant to this section.

     SECTION 8. SEVERABILITY.--If any part or application of the Immigration Detention Facilities Act is held invalid, the remainder or its application to other situations or persons shall not be affected.

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