OPINION: County is standing up for for immigrant rights

As a county commissioner, I strongly support Bernalillo County’s longstanding commitment to protecting the safety, dignity and rights of all its residents regardless of immigration status. County leaders passed several resolutions protecting immigrants over the past three decades and I am proud that my father, former City Councilor and County Commissioner Pat Baca, sponsored the first such resolution in 1991. He believed, as I do, that we are one community. And we are all safer when we protect basic constitutional rights for everyone.

Sadly, as we have all seen and read, those rights are being violated daily by an overzealous federal administration targeting immigrant communities regardless of their status. They propagate misinformation and fear about the millions of immigrants who have helped make our county — and make our country — stronger.

What do we know is true about these immigrant communities? We know our immigrant communities have made innumerable contributions to our nation’s economic, social and cultural landscape. We know immigrants, regardless of their legal status, contribute to federal, state and local taxes through income, sales and property taxes. And despite all the fear-mongering about our immigrant neighbors, we know from numerous studies that immigrants — including those who are undocumented — are less likely to commit crimes than native born citizens.

What’s happening under the Trump administration’s mass deportation actions threatens all our rights. Under the Fifth and 14th Amendments to our Constitution, all of us — including undocumented immigrants — are entitled to due process of law. This means the government must provide notice and a fair hearing to all of us before detaining, much less deporting, any of us.

The Fourth Amendment to the Constitution guarantees protection for all of us from unreasonable searches and seizures. That’s being violated almost every day by federal immigration officials. Immigration raids and arrests must follow the same constitutional standards as other law enforcement actions, including the issuing of warrants and need to prove probable cause. We can’t just be snatched up by unidentified authorities as we go to work or school.

The resolution the Bernalillo County Commission passed recently protects due process related to immigration enforcement and calls on immigration officials to provide identification, end violent or harmful detainment actions, and calls out secret policing tactics in federal immigration enforcement. County officials will analyze all subpoenas for compliance with Fourth Amendment limits on searches and seizures or anything that constitutes unlawful commandeering in violation of the 10th Amendment. The Tenth Amendment protects states’ power and is fundamental to our federalist democracy. Finally, the resolution prohibits the county from approving any contract, permit or other allocation or process that would assist immigration enforcement or efforts to identify or impose civil or criminal liability based solely on their participation in activities protected by the U.S. or New Mexico Constitution.

A second proposed ordinance would designate certain sensitive places as Safer Community Places. The ordinance would require businesses in Bernalillo County to post signage (provided by the county) to distinguish public vs. private spaces. Locations such as hospitals, schools and community facilities that provide services to vulnerable communities and have the expectation of privacy/confidentiality while receiving those services will require a judicial warrant for immigration officials to enter Safer Community Places.

Together, these two measures send a strong signal to immigration officials that we are one community, and we will stand together to protect everyone’s constitutional rights. I am proud that my colleagues on the commission are standing with me to confront the cruel and divisive deportation strategy being carried out by the Trump administration. If our national leaders won’t protect our values and our communities, then we have an obligation as local officials to meet this moment.