At least two Iraqi refugees in New Mexico could be deported following a recent repatriation agreement between the U.S. and Iraq. But the American Civil Liberties Union is attempting to prevent that from happening. The New Mexico chapter recently weighed in after the federal Immigration and Customs Enforcement (ICE) in Michigan detained nearly 100 Iraqi nationals. A federal judge in Michigan earlier this month temporarily blocked deportation of Iraqi nationals, whom the ACLU has argued would face danger if deported back to their country of origin. Monday night that same judge extended the stay against deportation to all Iraqi-born people affected across the country, including at least two in New Mexico.
An Albuquerque city councilor wants to take a crack at enforcing tougher restrictions on panhandling. Councilor Trudy Jones this week introduced a measure that would ban people from walking and standing in street medians and engaging with drivers and passengers from the sidewalk except in cases of emergencies. Jones’ proposed ordinance would also bar drivers from stopping in a street or intersection “for the sole purpose of interacting with any pedestrian” except in the case of an emergency. City law already bars people from soliciting on a street, highway, entrance or exit ramp for a ride or work. Loiterers are also currently banned from holding parking spaces for cars that are in the process of parking in exchange for money.
Two advocacy organizations filed discrimination complaints against an Albuquerque Walgreens pharmacy for allegedly refusing to fill a birth control prescription. The complaint, sent to the New Mexico Human Rights Bureau, was written by the American Civil Liberties Union of New Mexico and the Southwest Women’s Law Center. The organizations allege a pharmacy employee at a store on Coors Boulevard refused to fill a misoprostol prescription to a teenage woman who was at the store with her mother last August, citing personal reasons. This refusal, according to two complaints, violates the New Mexico Human Rights Act, which bars discrimination based on sex. “Refusing to fill prescriptions that are directly tied to the attributes that make women different from men—i.e. the ability to become pregnant—constitutes sex discrimination,” the complaints read.
A group of transgender women detained by U.S. Immigration and Customs Enforcement were recently transferred to New Mexico from a detention center in California. In a detention center in Milan, the women are housed in a pod together. ICE transferred the dozen or so women in early May to Cibola County Detention Center in Milan from a similar facility in Santa Ana, California, where ICE made its first dedicated transgender module. Since then, advocacy organizations for immigrants and transgender rights in New Mexico have taken notice. Adrian Lawyer, co-director of the Transgender Resource Center of New Mexico, said his organization reached out to the detainees and recently toured the Cibola County facility.
A Democratic-majority House committee voted along party lines Thursday afternoon to remove pre-Roe v. Wade language in state statute that criminalizes abortion practices. The original state law, passed in New Mexico in 1968, makes “criminal abortion” subject to a fourth-degree felony. It defines “criminal abortion” as any action or attempt at an “untimely termination” of a pregnancy that is not “medically justified.” A medically justified abortion, according to state law, is limited to abortions in cases of pregnancy from rape, incest or when the pregnant woman’s life is in danger. The landmark 1972 Roe v. Wade decision, which legalized abortion in most cases across the country, made state laws like this obsolete. Related story: House committee stalls another round of abortion bills
But proponents of the bill to strike the old state statute argue that the state language would go right back into law should the U.S. Supreme Court change Roe v. Wade in the future.
Hector Balderas joined 18 other attorneys general across the nation in filing an amicus brief in a case centering on transgender student rights scheduled to go before the U.S. Supreme Court this month. The New Mexico attorney general, in a statement, said that transgender students “should feel safe and protected in their schools just like any other children, it’s just that simple.”
The case, Gloucester County School Board v. G.G., involves Virginia student Gavin Grimm, who with the American Civil Liberties Union sued the school board for violating his Title IX rights when the board created a policy to require students to use school bathrooms that fit their “biological sex.” Grimm, a high school senior, was born female and identifies as male. A lower court ruled last year that the school board’s policy did violate Grimm’s rights, and the school board appealed to the Supreme Court. The amicus brief, which is a legal argument made in a case by people not directly involved in it, argues that discriminating against gender identity violates Title IX, the federal law that bars discrimination in the schools. “Discrimination on the basis of gender identity causes real and significant harm to both transgender people and to the amici States,” the brief reads.
A state House of Representatives panel approved a bill to bar local law enforcement agencies in New Mexico from enforcing federal immigration laws. The bill, which according to a fiscal analysis would prohibit state resources from being used against anyone “whose only violation is being in the United States illegally,” passed on a party line 3-2 vote in the House Consumer and Public Affairs Committee. The two “no” votes came from state Reps. Monica Youngblood of Albuquerque and Bob Wooley of Roswell. Both are Republicans.
A measure allowing cities and counties to pass curfew laws on minors passed perhaps its toughest test yet in Senate Public Affairs Committee. The Democratic-controlled committee voted 5-4 in favor of advancing the bill, with Sen. Daniel Ivey-Soto, D-Albuquerque, breaking ranks with his party and joining the four Republicans to support the bill. Sponsor of the bill Rep. Nate Gentry, R-Albuquerque, mentioned during the beginning or his presentation that he had worked with Ivey-Soto to narrow the legislation in a few ways. Originally, the bill allowed local governments to enact curfews for teenagers 15 years old and under during daytime school hours and from midnight to 5:00 a.m. Ivey-Soto successfully amended the bill to not allow curfews during daytime hours and exempted homeless teenagers found “at their permanent or temporary place of abode” from curfews. “I think there are a couple of things that can bring me around on this bill,” Ivey-Soto said after speaking about his reservations for the measure.
A proposal to allow retired law enforcement officers across the state to return to their old jobs cleared the House floor Wednesday evening after a three-hour debate. The House passed the bill on a 38-29 vote, with five Democrats joining all Republicans present for the vote. Sponsor Rep. Larry Larrañaga, R-Albuquerque, argued that it would solve staffing problems at police departments across the state. He emphasized that several county sheriffs across the state support the legislation, not just the city of Albuquerque and Albuquerque Police Department. Still, he had Albuquerque City Attorney Jessica Hernandez as his expert witness.
In a crowded conference room in the mayor’s office last November, reporters and police officers gathered to see Republican lawmakers and Mayor Richard Berry discuss their plans for combating repeat criminal behavior.A visibly emotional Rep. Paul Pacheco, R-Albuquerque, told the room of his intention to toughen New Mexico’s three strikes law. “This piece of legislation is very personal to me,” Pacheco said. Pacheco, a former law enforcement officer, told reporters that he was personally affected by a number of violent, high profile crimes committed earlier in the year. In May 2015, Rio Rancho Police officer Gregg Benner was shot and killed while on duty. In October, Albuquerque Police Officer Daniel Webster was shot and later died from his injuries.