The debate over enforcement of immigration law was front and center this week, with images of children separated from their parents and held in cages along the border in newspapers and TV news. The White House flip-flopped on its explanations and who was to blame, as shown by a damning video in the Washington Post. Wednesday, President Donald Trump signed an executive order aimed at stopping the same separations the White House said previously could only be ended by Congress. Even that didn’t stop the outcry, with critics pointing out that it would still allow family separations in some cases and that it would allow indefinite detention of families. While children would not be taken from their parents to be put in federal facilities, they would be held together with their respective families until immigration prosecution could take place.
A U.S. Supreme Court decision may open the door to the taxation of more internet sales in New Mexico. In a 5-4 decision Thursday, the U.S. Supreme Court said states could tax sales on internet purchases from companies that do not have a physical presence in a state. The decision overturned a 1992 decision on catalogue-order companies that was later interpreted to include internet sales. The New Mexico Legislature passed a bill that would apply the state’s gross receipts tax to internet sales in 2017 as part of a suite of tax changes. That would bring in, by a conservative estimate, $20 million annually for the state.
It’s been a busy week, and we have plenty of news to share from around the state and region. -New Mexico Attorney General Hector Balderas has filed the state’s counterclaims in Texas v. New Mexico & Colorado, the U.S. Supreme Court lawsuit over the waters of the Rio Grande. We’ve posted those pleadings on our site, if you want to read them for yourself. Want to get this in your inbox a day earlier? Sign up for the email list.
Brenna Ellis thinks the Trump stuff on social media played a part. She pushed for the New York reality TV star’s rogue candidacy on Facebook during the 2016 election season. Meanwhile, she was making a big ask of New Mexico Gov. Susana Martinez, who had publicly feuded with Trump over his comments about immigrants and Martinez’ running of the state. Ellis, 51, wanted the governor to issue a pardon for her 2001 felony conviction on conspiracy to commit arson. An act of mercy from Martinez would give Ellis, who served six months in jail and has been free for more than 15 years, a clean record and enable her plumbing company to secure government contracts.
Gov. Susana Martinez praised President Donald Trump for his compassion during a dinner at the White House to discuss immigration Monday night. According to a recording of remarks by Trump and the invited governors, Martinez said U.S.-Mexico border problems extend to other states throughout the country, and then added, “I also admire the compassion that you have for the DACAs and the compassion that you’ve expressed for the children who had no choice to come here.”
Trump ended the Obama-era Deferred Action for Childhood Arrivals, or DACA, program in Sept. 2017. The program protected about 800,000 people who entered the United States illegally as children, provided they registered with the federal government and did not have run-ins with the law. Since Trump ended the program, it has been the subject of legal wrangling in Congress, which has not passed a fix for the program.
The saga of ten invalid vetoes ended Wednesday, when the state Supreme Court ruled unanimously that Gov. Susana Martinez failed to follow the state constitution. That means the bills she vetoed more than a year ago without explanation remain law, upholding a lower court ruling. During the 2017 legislative session, Martinez vetoed ten laws, but failed to explain those vetoes. The state Legislature sued, saying she had violated the state constitution. With the court’s ruling, those laws are in effect immediately.
ByJustin Horwath and Jeff Proctor, New Mexico In Depth and the Santa Fe Reporter |
Assistant District Attorney Joshua Boone wanted to reassure his boss. A political blogger was raising questions in early February about why the DA’s office had agreed to plead Ryan Flynn’s aggravated DWI charge, leveled after a May 20, 2017 traffic stop, down to careless driving. Flynn, one of the state’s most influential powerbrokers, was Gov. Susana Martinez’ former Environment Department secretary, and now heads up the New Mexico Oil and Gas Association. This story originally appeared in the Santa Fe Reporter and New Mexico In Depth and is reprinted with permission. In a Feb.
Under President Donald Trump’s plan to send military troops to patrol the U.S.-Mexico border, the U.S. Department of Homeland Security would consult with the governors of border states to decide how many National Guard troops are needed. Kirstjen Nielsen, the secretary of DHS, made this announcement during a White House briefing on Wednesday. NM Political Report asked Gov. Susana Martinez’s office if she supports deploying troops along the border and if she had spoken with the White House about these plans. Her office did not respond by press time despite three emails to her public information officers. A spokesman did tell the Associated Press that she supported the move.
New Mexico school districts that had hoped to put a little more cushion in their budgets managed to persuade a sympathetic Legislature, but couldn’t get it past the governor’s veto pen. When she signed the 2018-2019 budget on March 7, Gov. Susana Martinez struck a line through $5 million state lawmakers had set aside to repay some school districts whose cash accounts had been swept by $40. 3 million to help fill a large budget gap in 2017. This story originally appeared at New Mexico In Depth and is reprinted with permission. Martinez had called the cash accounts of school districts “slush funds.” State superintendents — who drove to the capital en masse during the session to lobby lawmakers for repayment — call them reserve accounts that are used to make large payments like annual insurance, as well as extras like giving teachers stipends to take students to science camp.
Some vetoes by Gov. Susana Martinez are raising eyebrows among legislators and others—and at least one partial veto may be challenged in court. Wednesday was the final day for Martinez to decide whether or not to sign bills from this year’s legislative session. She signed 80 bills into law, but vetoed 31 others. Some she rejected using her veto pen, while with others she just allowed time to run out in what is called a “pocket veto.”
One portion of a bill that may see a new life was part of the crime omnibus bill the Legislature passed in response to the spike in crime, particularly in Albuquerque. The bill combined a number of ideas aimed at reducing crimes.