New Mexico Passes Bill to Ban Immigration Detention

The 'Immigrant Safety Act' heads to the governor's desk after passing the state Senate

Published on Feb. 4, 2026

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The New Mexico state legislature has passed the 'Immigrant Safety Act', also known as House Bill 9, which will ban the state from entering into agreements to detain individuals for federal civil immigration violations. The bill now heads to the governor's desk for signature. This makes New Mexico one of 8 states that have introduced or passed legislation to shut down immigrant detention facilities.

Why it matters

The bill aims to end the state's involvement in federal immigration detention, which has faced criticism from immigrant advocates. New Mexico currently has three immigration detention facilities, and the new law could lead to the closure of these facilities or the transfer of detainees to other states.

The details

The 'Immigrant Safety Act' passed the New Mexico Senate by a 20 to 15 vote, with Republican opposition. The bill is sponsored by several Democratic state representatives and a state senator. Once signed into law by Governor Michelle Lujan Grisham, the bill will prohibit public bodies in New Mexico from entering into agreements to detain individuals for federal civil immigration violations, and will require the termination of any existing such agreements.

  • The 'Immigrant Safety Act' passed the New Mexico Senate on Tuesday, February 3, 2026.
  • Governor Grisham is scheduled to sign the bill into law at a ceremony on Thursday, February 5, 2026.

The players

Eleanor Chávez

New Mexico state representative and sponsor of the 'Immigrant Safety Act'.

Andrea Romero

New Mexico state representative and sponsor of the 'Immigrant Safety Act'.

Joseph Cervantes

New Mexico state senator and sponsor of the 'Immigrant Safety Act'.

Michelle Lujan Grisham

Governor of New Mexico, who is scheduled to sign the 'Immigrant Safety Act' into law.

Chris Clem

Retired U.S. Border Chief, who provided commentary on the potential impacts of the new law.

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What they’re saying

“Without seeing the true content of the law, I'm not sure that the state law can override federal law if there was going to be a federal immigration detention center on federal grounds—that I'm unclear of, because I don't know the context.”

— Chris Clem, Retired U.S. Border Chief (KOAT)

“What will happen to those individuals in custody—two things will likely happen. One will more likely be an expedited review of their case. If they have a hearing in a matter of days, 'let's get that reviewed,' so they can make a most efficient decision on behalf of the government. The other thing which will happen is there's no longer room at the end, because of the bill. Then they will transfer those detainees to other holding facilities outside of the state of New Mexico.”

— Chris Clem, Retired U.S. Border Chief (KOAT)

“Oftentimes because we know the federal government does these contracts that allows the sheriff or any of the private, security companies to employ people, usually from that community. So, if you don't have the need, they're going to ultimately either be reassigned or let go.”

— Chris Clem, Retired U.S. Border Chief (KOAT)

What’s next

Governor Grisham is scheduled to sign the 'Immigrant Safety Act' into law at a ceremony on Thursday, February 5, 2026.

The takeaway

New Mexico's passage of the 'Immigrant Safety Act' represents a significant step in the nationwide movement to end state and local involvement in federal immigration detention. The law could lead to the closure of the state's three immigration detention facilities or the transfer of detainees to other states, raising questions about the future of these facilities and the individuals held within them.