Bernalillo County reinstates Biden-era protections for immigrants in new ordinance

Hospitals, schools, courthouses, churches and worksites will be off-limits to Immigration and Customs Enforcement agents without warrants in Bernalillo County thanks to an ordinance approved by the County Commission on Tuesday.

The ordinance, which passed on a 4-1 vote, reinstates a former President Joe Biden-era policy that prohibited immigration enforcement activities in “sensitive” locations, like schools and places of worship. Within the first few days of his second term, President Donald Trump revoked that policy, with the Department of Homeland Security stating that “criminals” were taking advantage of it.

In the months since that policy’s repeal, videos of immigration raids at worksites and courthouses across the nation have sparked outrage online and, in some cities, protests.

The commission meeting drew attendance and public comment from both immigrants and their families as well as leadership from many of the newly designated safe spaces, including churches, schools and businesses.

The new ordinance also requires employers to alert staff if their employment paperwork, such as I-9s, is audited by the federal government. The same applies if business owners are notified that an immigration enforcement agent will be present on-site.

The county will develop formalized policies and resources for businesses within the next 90 days to ensure compliance, according to the ordinance.

ICE declined to comment and the Department of Homeland Security did not respond to requests for a statement Wednesday.

“Imagine the fear we experience every day when we leave our homes, thinking we could be separated from our children and nobody will know where we are,” Mirna Lazcano, who immigrated from Chihuahua, Mexico, said in Spanish during the meeting.

Her daughter, Ashley León, stood by her side translating her words to English for the commissioners.

Lazcano was joined by dozens of members of El Centro de Igualdad y Derechos, an advocacy group for workers and immigrants. The group packed the chambers in support of the ordinance, filling it with turquoise T-shirts and banners, as well as stories of mounting anxiety about immigration raids.

Others in support of the ordinance included leadership from the Catholic Church.

Churches have long been sites of sanctuary from persecution, said Bernadette Zamora, a spokesperson for the Archdiocese of Santa Fe.

“For generations, our church has walked with families seeking safety, stability and the chance to build a better life,” Zamora said “...The Church teaches that we are one family, regardless of national origin, and we are called to respond with compassion and justice.”

The ordinance wasn’t without its critics.

Commissioner Walt Benson, who voted no, and a handful of speakers, said the ordinance would spark “lawlessness.”

“There are criminals hiding behind these laws, you know it,” Benson said to the audience. “You know them, you know people who have been abused, people who have been trafficked, you know drug dealers.”

Benson also said that the ordinance will be burdensome to both businesses and law enforcement.

Three of the four commissioners who voted yes, including sponsors Adriann Barboa and Barbara Baca, adamantly rebuked Benson’s statements, with Barboa calling them “disappointing.”

Commission Chair Eric Olivas said the ordinance will not inhibit law enforcement, stating the law compels ICE to abide by the preexisting constitutionally guaranteed due process of the law.

“I think it’s laughable that the party of law and order is breaking the highest law of the land,” Olivas said in response to Benson.

The new policy also requires businesses within county limits to post signage marking the public and private sections of their businesses.

Fabiola Landeros, an organizer with El Centro, said that ICE relies on “excuses” when making arrests in private areas of businesses without warrants.

“What’s the excuse now?” Landeros said.

After the gavel slammed and the ordinance formally became law, the room erupted in applause and cries of “thank you.”