By Jesse Jones City Desk in The Paper. — The Albuquerque City Council meeting opened Monday to a packed chamber as officials took up several controversial measures. The crowd thinned as the agenda moved forward, but a large group of community activists and immigrants, many wearing bright blue shirts from El Centro de Igualdad y Derechos remained for the debate on the closely watched immigrant protection measure.

When Council President Klarissa Peรฑa called for the final vote, supporters held their reactions in check before stepping into the lobby to celebrate their joy.

City Council President Klarissa Peรฑa (Source: Jesse Jones, nm.news) Jesse Jones

The council voted 5-4 to pass the Safer Community Places Ordinance, making Albuquerque the latest city to codify immigrant protections.

โ€œWeโ€™re way past just immigrant policy,โ€ said Councilor Joaquรญn Baca. โ€œEntire cities are being invaded by our own troops.โ€ 

Councilors Peรฑa, Baca, Stephanie Telles and Nichole Rogers sponsored the measure alongside Mayor Tim Keller. Vice President Dan Champine and Councilors Brook Bassan, Renรฉe Grout and Dan Lewis opposed it.

The new rules

The ordinance prevents Immigration and Customs Enforcement (ICE) from using city property, such as parking lots, as staging areas. It also designates schools, hospitals, and shelters as protected spaces where agents must present a judicial warrant to enter nonpublic areas.

Additionally, businesses must now notify staff within 24 hours of any federal I-9 audit. The measure reaffirms the cityโ€™s policy against using municipal resources to assist federal immigration enforcement.

The Lewis amendment

The Council rejected a floor amendment from Lewis on a 1-8 vote. His amendment would have made the city liable for injuries caused by individuals named in federal warrants and required officials to waive legal immunity.

City Councilor Dan Lewis (Source: Jesse Jones, nm.news)

โ€œItโ€™s ridiculous, and this amendment is part of that,โ€ Baca said. As public officials, it is our job to protect our communities… If someoneโ€™s breaking the law, they should be treated with breaking the law. But that is not the same as staging and going out after people who have literally done nothing.โ€

Lewis said the amendment aimed to protect crime victims, but opponents called it โ€œlegally baseless.โ€

Jessica Martinez, an attorney at the New Mexico Immigrant Law Center, told City Desk the amendment would have violated state law, noting there are only eight waivers of immunity. She said the original ordinance is legally sound, adding that the city worked with groups like the ACLU of New Mexico, her organization and other attorneys โ€œto ensure this is a strong position.โ€

A good night for supporters

Fabiola Landeros of El Centro de Igualdad y Derechos told City Desk the vote was a victory for the entire city.

โ€œThis is a huge victory, not just for me and my family,โ€ Landeros said. โ€œWe can go to sleep with a little more peace of mind now.โ€ She added that while the work isn’t finished, โ€œToday is a really good night.โ€

Before the final vote, Telles read an email she received from Minneapolis City Council President Elliott Payne. 

Payne said Minneapolis passed a similar separation ordinance in 2003 and strengthened it in 2005. He said when federal agents launched Operation Metro Surge in December, the cityโ€™s ordinance โ€œcreated clear guidelines for city staff and a clear statement of values.โ€

โ€œEvery person in the city of Albuquerque deserves a clear answer to the question of whose side local government is on,โ€ Payne wrote. “These protections provide that answer.โ€

The ordinance now goes to Keller for his signature and will take effect five days after publication.

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