'Emergency' economic relief bill races the clock after state bans contracts with ICE

With the Legislature’s Thursday deadline looming, some lawmakers are pushing an economic relief bill for counties that expect to lose millions in tax revenue after being forced to cut financial ties with U.S. Immigration and Customs Enforcement due to recently passed legislation.

Lawmakers in rural Torrance, Otero and Cibola counties say that immigration detention centers are major employers for their communities and that if they shut down, residents will lose jobs and municipal governments will be unable to make payroll for local law enforcement, firefighters and other staff.

“I know what they’re fixing to go through, and there’s no dollar amount we can throw at them to make this better,” said Sen. Steve Lanier, R-Aztec, during a Senate Finance Committee hearing Monday.

Senate Bill 273 includes $10.5 million in funding for Milan, Estancia and Grants, as well as Cibola and Otero counties, that will be disbursed over two years if the detention centers close down.

The bill is a reaction to the recently signed Immigrant Safety Act, also known as House Bill 9, which forbids New Mexican counties and municipalities from contracting with ICE.

After treading water in the Legislature for nearly 10 years, the Immigrant Safety Act passed this session following fatal shootings of civilians by ICE agents in Minneapolis and ongoing public outcry over President Donald Trump’s immigration crackdown.

Due to this legislation, three immigration detention facilities in New Mexico may close, although two of the three are owned by private prison corporation CoreCivic, which may be able to sidestep the law by contracting directly with ICE.

If the latter happens and the facilities remain open, or if the funds go unspent, the bill mandates that relief money be returned to the state.

The bill’s primary sponsor, Sen. George Muñoz, D-Gallup, admitted in committee that the plan was not a permanent fix.

“This is not a bailout, this is not a permanent funding source,” Muñoz said. “This is a two-year bridge to protect public safety, law and order, infrastructure and local taxpayers while implementing state policy.”

Some Democratic committee members called the bill short-sighted, saying it did little to address transitioning communities from a prison economy to another industry.

Muñoz fired back, saying the bill was an “emergency” measure and developing a robust economic development plan will take time lawmakers don’t have.

Ultimately, despite initial misgivings, an amended version of the bill passed the Senate Finance Committee unanimously on Monday.

Still, the bill faces a race against the clock.

To start a bill this late in the session, well past the filing deadline, requires a lawmaking vehicle called a “dummy bill.” A dummy bill is filed before the deadline under a generic title and is later amended to address topics that arise later in the session.

With less than 48 hours left in the session, the bill still has to pass both chambers.

After passing both the Senate and House, the bill still must be signed by Gov. Michelle Lujan Grisham, who has not expressed support.

Gillian Barkhurst is the local government reporter for the Journal. She can be reached at gbarkhurst@abqjournal.com.