HB 9 passed both chambers, now to governor's desk
CIBOLA COUNTY, N.M. — House Bill 9, the Immigrant Safety Act, passed the New Mexico Senate on Tuesday night, Feb. 3, 2026, after an extended floor debate that mixed policy arguments, local economic warnings, and emotional appeals about immigration enforcement and civil detention. The bill’s passage came after senators rejected multiple amendments aimed at delaying the bill’s effective date or shielding detention counties from financial harm.
The Senate vote split Cibola County’s delegation: Sen. Angel Charley voted yes, while Sen. George Muñoz voted no, as lawmakers weighed the bill’s stated goal of ending state and local participation in civil immigration detention contracting against concerns that rural communities could lose jobs and key revenue sources tied to detention facilities.
What HB 9 would do
HB 9 would prohibit “public bodies” - including counties, municipalities, sheriff’s departments and other publicly funded entities - from entering into or renewing agreements used to detain individuals for federal civil immigration violations. It would also require covered agreements already in place to be terminated at the earliest date permitted under contract terms.
The bill also prohibits public bodies from selling, trading, or leasing public property to be used for detention tied to federal civil immigration violations, and authorizes the attorney general or a district attorney to seek injunctive relief to stop violations. Supporters argue the measure is designed to end New Mexico’s participation in civil immigration detention agreements; opponents argue detention will continue elsewhere while New Mexico counties lose jobs and local influence.
Debate opened with first-hand accounts and a shift by the bill’s Senate sponsor
Sen. Linda Lopez Sedillo opened Senate debate by discussing people detained at the Otero County facility she said she met, arguing that counties have “no meaningful control” over contracts tied to ICE detention.
Senate Judiciary Chair Joseph Cervantes, the bill’s Senate sponsor, told senators it was “true” the bill is a response to former President Donald Trump and said he regrets not supporting similar measures in the past. Cervantes said he previously believed New Mexico could do better than other states in detention oversight, but said his view changed.
Cervantes also said he had been unable to access private prison facilities despite his role as a senator and judiciary chair, and claimed Republicans had been able to gain access more readily. During debate, Cervantes said, “We’re better than this.”
Rural economic consequences dominate amendment debate
While supporters argued the bill is about ending state complicity in civil immigration detention, opponents repeatedly returned to economic impacts in Torrance, Cibola, and Otero counties, where detention facilities and related contracts are tied to employment and public revenues.
Sen. George Muñoz, who represents the western portion of Cibola County, challenged claims that state resources set aside for job transition would be enough. Muñoz argued the “fiscal impact report” did not reflect the full scale of what could be lost in Cibola County and said the funding being discussed would not cover the gap. He also raised specific concerns about utility revenue in Milan and described Grants as a community built around prison employment.
Sen. Angel Charley, who represents the eastern portion of Cibola County, spoke about Cibola’s history of extraction and long-term economic burden, arguing her district has repeatedly absorbed consequences of decisions made elsewhere. She said Cibola is underfunded and overburdened and supported an effort to ensure residents would not be punished for what she framed as “doing the right thing.”
“Hold harmless” amendment fails after roll call
A major floor flashpoint was an amendment aimed at holding affected counties financially harmless for revenue losses tied to HB 9’s contracting restrictions. Debate over the amendment focused on whether the state should reimburse counties for lost property taxes and other revenue and whether the amendment language would create open-ended obligations.
Cervantes opposed the amendment, repeatedly calling it “unfriendly,” and described himself as a “fiscal conservative” while pressing supporters of the amendment on what it would cost and for how many years reimbursements would continue. In the exchange, senators acknowledged there was no clear time frame in the amendment language for ongoing reimbursements.
The Senate ultimately rejected the “hold harmless” amendment on a roll-call vote. Afterward, Sen. Katy O’Malley explained her vote by criticizing the amendment’s drafting, calling it “really poorly written” and saying she did not understand how the state would support counties through lost tax revenue under the proposal.
Amendment to delay implementation to 2028 also fails
Sen. Craig Townsend later offered another amendment to change the bill’s effective date to July 1, 2028, framing it as a way to give counties additional time to develop alternative economic activity and address outstanding obligations such as bonds.
Opponents of the delay argued the amendment would not change how private operators make business decisions once they know the policy shift is coming, and that lease timelines — including in Cibola County — could still drive rapid impacts regardless of an extended effective date.
That amendment also failed.
Contentious “data-sharing” amendment debate
Sen. William Sharer then offered another amendment that triggered a contentious exchange. Sharer argued the amendment would ensure federal officials have access to arrest-related data and framed it as part of a public safety approach tied to criminal conduct.
Cervantes opposed the amendment and argued it would effectively give the Department of Homeland Security a veto over HB 9. After debate, senators voted on the proposal and it did not carry.
Final debate turns emotional; scripture cited on both sides
As senators returned to the underlying bill, supporters argued HB 9 would end New Mexico’s “complicity” in ICE detention and said the state has a responsibility to act even if federal enforcement continues elsewhere.
Sen. Steinborn criticized rhetoric he said was reminiscent of Trump-era language and argued the state cannot “look the other way.” Sen. Nava asked directly whether the bill would interfere with criminal investigations or proceedings; Cervantes responded that nothing in HB 9 interferes with criminal matters.
Near the end of debate, senators delivered emotional remarks, including references to scripture. Sen. Nava read from the Bible and urged colleagues to vote yes, while Sen. Woods referenced warnings from the Federalist Papers during his remarks.
Cervantes closed on the bill by speaking about fear and dignity, saying people who look like him - “with brown skin” and who speak Spanish - should not live in fear. He also quoted the Gospel of Mark, Chapter 8, verses 36–37, in discussing job impacts and moral considerations, and requested a roll-call vote.
Senate passes HB 9; Cibola delegation split
The Senate ultimately passed HB 9 late Tuesday evening. In the final vote, Sen. Charley voted yes and Sen. Muñoz voted no.
After the vote, Charley addressed Cibola County residents and said, “I believe this vote is in our collective best interest.”
Lt. Gov. Howie Morales, presiding over the chamber, reminded the public to maintain respectful decorum regardless of the outcome.
The bill now goes to Governor Michelle Lujan Grisham for her signature.