SANTA FE, NM – In an 20-18 vote, the New Mexico State Senate killed a bill that would’ve prevented Cibola County and other local governments from contracting with the Cibola County Correctional Center in Milan, New Mexico. The senate held their vote in the late afternoon of March 14, after press deadline.
Senate Bill 172, titled “No Detention for Fed Immigration Violations”, nicknamed “Dignity Not Detention” had the ability to prevent Cibola County and other local governments from renewing their contracts with private detention facilities that contract with the Department of Homeland Security to hold immigrants detained by Immigration and Customs Enforcement.
SB172 would have affected CCCC because the correctional center holds ICE detainees who have committed no crime other than crossing the border without permission. Cibola County has an intergovernmental agreement with CCCC, this bill wanted to make it so counties and municipalities in New Mexico could no longer sign or renew intergovernmental agreements with facilities that house ICE detainees.
The vote to kill SB172 came after a small group of Democrat senators joined forces with Republican senators to kill the bill. After the 2020 election, Cibola lost a senate seat that instead went to Valencia County, meaning that the entirety of Cibola’s representation in the state senate is not local. Regardless, Cibola’s senators heard the county’s concerns.
Senator George Munoz (D – Cibola, McKinley, San Juan) represents the western portion of Cibola County, he broke rank with other Democrats in the senate to protect the Cibola County Correctional Center. Senator Joshua Sanchez (R Cibola, McKinley, Socorro, Valencia) represents the eastern half of Cibola, he joined other Republicans in defeating Cibola. He joined other Republicans in defeating the bill. Both senators who represent Cibola voted to kill SB172.
Democrats who voted against this bill included: Sen. Pete Campos (D Las Vegas); Sen. Joseph Cervantes (D - Las Cruces); Sen. Siah Correa Hemphill (D - Silver City); Sen. George Muñoz (D – McKinley); Sen. Benny Shendo (D - Jemez Pueblo); three other Democrats were excused at the time of the vote; one Democrat was absent.
Republicans in the state senate framed SB172 as unconstitutional, pointing to a report by the New Mexico Attorney General’s Office that stated a similar bill in California passed and was struck down by the US Supreme Court because States do not have the authority to dictate to the federal government where ICE detainees can be held. Republicans in the senate framed ICE detainees as criminals.
Republicans pointed to a specific section in the AG office’s report that stated the US Constitution “precludes states from dictating to the federal government who can perform federal work.”
Senator Gerald Ortiz y Pino (D – Bernalillo) explained during debate that the bill would help to lessen human rights abuses suffered by immigrants in ICE detention centers, as he highlighted alleged abuses at the Torrance and Cibola county facilities where ICE detainees are held. Both facilities have been under scrutiny for human rights abuse allegations which are denied by CoreCivic,