State advocacy groups are preparing to present a bill that, if passed during the 2026 legislative session, would curb New Mexico’s involvement in immigration detention.
Jessica Martínez, policy director with the New Mexico Immigrant Law Center, will give a presentation on the act next week in Santa Fe. The New Mexico Immigrant Law Center is among a number of advocacy groups that pushed for the Immigrant Safety Act (HB 9) during the 2025 legislative session, where it died before passing the Senate.
The bill seeks to curb New Mexico’s involvement in immigration detention by prohibiting local government agencies from entering agreements to detain people for immigration violations. For the 2026 legislative session, Martínez is hopeful that it will pass.
“The Immigrant Safety Act is the most critical bill to pass for immigrant protections in New Mexico,” Martínez said. “We need to do it more than ever.”
When it comes to passing the bill in 2026, Martínez said time is of the essence.
Since the upcoming legislative session falls on an even year, it will last only 30 days — half as long as the 2025 session. Martínez said it has been a challenge for the Immigrant Safety Act to pass through committees and both chambers, but she remains optimistic.
“We never have enough time for our movement,” Martínez said. “We’ve been building so much momentum and publicity on the importance and the urgency for this bill to pass that I’m really hopeful that this is going to be the year for us to do it.”
In addition to preventing local governments from entering agreements with federal agencies, it would also block Immigration and Customs Enforcement (ICE) from bypassing the law on a local scale, as well as prevent the use of public land for immigration detention.
New Mexico has three immigration detention centers, including the Torrance County Detention Facility, which has been a target of backlash in recent years. The facility is currently operating without a contract after its six-month temporary contract expired in October.
The NMILC has received reports of inhumane conditions at the facilities throughout the state, Martínez said. When immigrants are painted as criminals, Martínez said, this dehumanizes them.
“I believe ultimately that we have had so many legislative champions that have dispelled those myths, who have championed this issue, who have understood that human dignity is important. And I believe that we’re going to get this done,” Martínez said.
Martínez said it is critical for the NMILC and community members to do what they can to help out without remaining complicit.
This can include protesting, attending committee meetings during the upcoming legislative session and volunteering with advocacy groups, to name just a few.
“What we can control is what our state and local governments can and cannot do,” Martínez said
Ever since President Donald Trump took office in January, Martínez said, federal protections for immigrants have been largely stripped. Immigrants in New Mexico are now more than ever facing threats to their safety and dignity, she said.
“I think this is going to be the year where people understand, based on what’s happening, that we have the power to really make a difference in New Mexico,” Martínez said. “We remain compliant if we do not act.”
If you would like to learn more or find a way to get involved, Jessica Martínez will present a talk/discussion on The Immigrant Safety Act and the January Session of the NM Legislature on Friday, Dec. 12, from 5 to 7 p.m., at the Universalist Unitarian Church (107 W. Barcelona Rd. in Santa Fe). This event is free and open to the public. To find out about the mission of the New Mexico Immigrant Law Center, go to nmilc.org.