SANTA FE, N.M. – Over the past week, Cibola County has once again found itself in a debate over immigration enforcement and detention.
With House Bill 9, the Immigrant Safety Act, passing the New Mexico House, a weeklong Immigration and Customs Enforcement (ICE) operation leading to 48 arrests statewide and advocates raising concerns about due process violations, the future of immigration policy in New Mexico is becoming more uncertain.
Cibola County stands in a unique position in the state’s battle with the federal government.
The county government holds a contract with the federal government and private prison corporation CoreCivic to hold these detainees. The county government does not make money from these contracts, though CoreCivic employs over 200 residents and pays property taxes to the local government. After recent legislative action, the future of ICE detention in Cibola is threatened.
State-Level Legislative Action
On March 7, the New Mexico House of Representatives passed HB 9, the Immigrant Safety Act, which aims to limit New Mexico's role in federal immigration detention efforts. Since, the bill has passed one of two required senate committees. HB 9 is, as of press deadline, awaiting to be heard in the Senate Judiciary Committee.
Sponsored by Democrat Representatives Eleanor Chávez, Angelica Rubio, Andrea Romero, Marianna Anaya, and Christine Chandler, the bill seeks to: Prohibit state and local governments like Cibola County from entering agreements to detain people for federal immigration violations; Prevent ICE from using local governments to bypass direct contracts with private detention facilities; Bar the use of public land and resources for immigration detention.
With New Mexico’s three immigration detention centers under fire for human rights abuses, including three deaths in custody since 2022, HB 9 is positioned as a major step in divesting the state from federal enforcement policies.
During House Floor debate, Representative Rod Montoya (R – San Juan, District 1), proposed an amendment to House Bill 9. His amendment called for an appeal of HB 9 within 30-days of federal money being threatened as a result of the state standing up to the government. He said that economically, Cibola is the fourth poorest state per capita, he said “this is just a measure that if we were to somehow not take this president at his word, we would have a mechanism to act quickly.”
A debate about state sovereignty broke out in the House chamber.
Representative Andrea Romero (D – Santa Fe) began to question her Republican colleague about the importance of New Mexico standing up for itself. She said there are concerns about New Mexico losing federal funds “for any reason” and she acquiesced that “this may be a reason” for federal funds being threatened. She said that this amendment was “unfriendly” to HB 9 and the Tenth Amendment of the US Constitution.
The debate took another turn, with concerns over which federal funding is going to be threatened. Representative Michelle Paulin Abeyta (D – Cibola, McKinley, Valencia, Bernalillo) of House District 69, previously held in the City of Grants.
Abeyta asked if the federal government might threaten funding to Bureau of Indian Education schools, because some BIA funding is required by military treaty, specifically, she said, for schools in House District 69. She said she would not want to align with any federal government willing to disregard these treaties.
Abeyta then shifted her focus to Cibola.
“In regard to this amendment, can you tell me how much Cibola County will lose as a result of [House Bill 9]?” Abeyta asked Montoya.
He said there is nothing in his amendment that addresses local tribes, then he said, “Cibola County has public schools where native children may be in attendance. What my amendment is trying to do is protect those children is federal dollars are impacted.”
Abeyta said on the House Floor that she heard from Cibola County finance department who told her, “This bill would impact less than $300,000. In revenue, strictly on the civil side.”
Abeyta said she spoke with the Cibola County manager, without naming her, and then she said, on the House Floor, “conversations and due diligence was done by myself and the city manager, as well. We thoroughly discussed that and came to an agreement on this. I also want to add that I did each out to my representative across the aisle who does have a CoreCivic facility in her district and discuss potential opportunities to address this and unfortunately, I was not able to find common ground on how to address the issue.”
“If the county of Cibola thinks there is going to be a minimal effect – I don’t think that has anything to do with them considering the loss of dollars. We are talking about almost $6,500 per individual in New Mexico.” Montoya said, “We are talking major, massive dollars, that will create a financial crisis that we cannot tax ourselves out of.”
When Abeyta spoke of “my representative across the aisle,” she was speaking about fellow Democrat Martha Garcia of House District 6 who recently ascended to the role of representative after a political crisis cripple Cibola’s opportunity to combat this bill in committees as the seat sat empty.
Garcia voted against House Bill 9; her district includes CCCC in the Village of Milan. Abeyta, who represents the eastern half of Cibola, defended and voted in favor of passing the bill.
The bill passed the House of Representatives, 35-25.
The bill must now pass the SJC, then be approved by the full Senate. It will then go to the governor for her final signature. The legislature must pass this bill by Saturday at noon for it to go to the governor’s desk, if they are able to clear the legislative hurdles the governor will then have until April 11 to sign the bill into law or let it die without signature.
Companion legislation, SB 250, No State & Local Resources for Immigration Enforcement Act, seeks to prevent local law enforcement from using resources to assist in enforcing federal immigration laws. The bill, currently under Senate review, explicitly prohibits state and local agencies from identifying, apprehending, or detaining individuals based solely on immigration status.
The legislative session ends March 22 at noon.
ICE Operations in New Mexico
On March 12, ICE announced that 48 undocumented immigrants had been arrested across New Mexico, including in Albuquerque, Santa Fe, and Roswell.
According to ICE, 20 of those arrested had criminal convictions or charges for offenses including homicide, sexual assault, and drug trafficking. The other 28 individuals were detained for illegal entry or re-entry violations.
The arrests triggered an immediate backlash. On March 15, the ACLU of New Mexico and other immigrant rights groups filed a human rights complaint with the Department of Homeland Security, alleging that ICE had effectively “disappeared” individuals by failing to provide details about their whereabouts or access to legal counsel.
“This is a serious human rights violation,” said Rebecca Sheff, senior staff attorney at the ACLU. “Families are left in agonizing uncertainty, desperate to contact their loved ones and ensure their safety.”
Advocates are calling for immediate action on HB 9 and SB 250 before the legislative session ends, arguing that ICE’s lack of transparency underscores the need for statelevel protections. The Trump administration, however, continues to defend its policies, citing national security concerns and the need for strict immigration enforcement.
Milan’s Response to Immigration Concerns
The Village of Milan’s leadership provided answers to inquiries about its stance on federal immigration enforcement.
• Milan has no specific policies directing law enforcement to participate in ICE operations but will review requests on a case-by-case basis.
• No ICE detainer requests have been received as of now, but any such request will be assessed under legal guidelines.
• The Milan Police Department prioritizes community safety and encourages all residents to report crimes without fear of immigration consequences.
• The Village is open to discussions about holding a public forum to address community concerns over immigration enforcement.
While Milan’s responses do not explicitly oppose federal immigration enforcement, they reflect a cautious approach in light of increasing state-level resistance to ICE cooperation.
Impact of Trump’s Immigration Executive Order
The January 20, 2025, executive order issued by President Donald Trump has significantly reshaped immigration enforcement nationwide. The order revokes previous protections for “sensitive locations”, allowing ICE to conduct enforcement actions at schools, churches, and hospitals; Prioritizes deportation of all undocumented individuals, including those who have lived in the U.S. for decades; Reaffirms state and local cooperation with ICE, applying pressure on counties and municipalities to comply.
Since these significant shifts in federal policy, the New Mexico Department of Justice has released guidance to local law enforcement, schools, and churches. All three of the Grants-metro law enforcement agencies agreed, from Milan Police Department, Grants Police Department, and Cibola County Sheriff’s Office that they will prioritize public safety and community trust.
Cibola County, home to the Cibola County Correctional Center (CCCC) operated by CoreCivic, plays a key role in federal immigration detention efforts. CoreCivic’s contract with the county allows ICE to house detainees at the facility.
County manager Kate Fletcher has raised concerns about the local economy and job security if HB 9 passes and the ICE contract ends. She said that while this contract has the fewest number of offenders detained at any given time, the higher bar for detainee protections makes the contract one of the most viable for operations to continue.
With legislation unfriendly to the economy of Cibola moving through the state legislature, ICE ramping up enforcement actions in New Mexico communities, and local leaders struggling to find a middle ground, Cibola County finds itself at the heart of a national debate on immigration policy.