Immigration (Enforcement)

HB 328 prohibits New Mexico state funds from being used to support joint law enforcement operations between local agencies and federal officers who conceal their identities during enforcement. It directly affects state and local law enforcement agencies receiving public safety funding, banning such partnerships while allowing exceptions for sanctioned undercover operations, SWAT teams, and explosive disposal. Violators face triple damages, fines of $5,000-$10,000 per violation, and legal costs, with a "qui tam" provision enabling private citizens to sue on behalf of the state and share in recovered funds. The bill aims to prevent state money from subsidizing covert federal operations without requiring proof of fraud.

SB 40, the "Driver Privacy and Safety Act," limits how law enforcement and private entities can share automated license plate reader (ALPR) data. It prohibits sharing ALPR information for immigration enforcement, investigating protected health care activities (like reproductive or gender-affirming care), or targeting constitutionally protected speech. The law makes ALPR data confidential (not public record), requires court orders for private data sales, and mandates quarterly reports to the attorney general on out-of-state data requests. Violations can result in $10,000 fines per incident.

HB 9, the Immigrant Safety Act, prohibits New Mexico state and local government entities - including sheriffs' departments, schools, and public agencies - from entering into agreements or using public property to detain individuals for federal immigration enforcement. It requires existing agreements facilitating such detentions to be terminated upon the law's effective date. The bill specifically bans public bodies from collaborating with federal immigration authorities on detention and ensures local policies align with these restrictions. Currently passed by both legislative chambers, it awaits the governor's signature to become law.