Children sentenced as adults are disproportionately children of color

When Carissa McGee was 16 years old, she was sentenced to 21 years in an adult correctional facility for stabbing two members of her family. McGee told NM Political Report she was mentally ill at the time, but the judge still sentenced her to more than two decades in prison. “I experienced my ultimate low. I was sentenced at 16 years old. I didn’t know what 21 years would feel like,” McGee said.

Citing millions in waste, ACLU calls for closure of 39 ICE facilities, including Otero County Processing Center

Citing $1 million a day of wasted federal dollars, the American Civil Liberties Union called on President Joe Biden’s administration on Wednesday to close 39 U.S. Immigration and Customs Enforcement detention facilities across the U.S., including the Otero County Processing Center in Chaparral. The federal government has been paying for the empty bed spaces at these facilities, almost all run by privately-owned companies, which the ACLU called “wasting” taxpayer money. The ACLU established a criteria for the 39 facilities it is calling on the federal government to close. In its statement, issued Wednesday, the ACLU said that Otero County Processing Center (OCPC) was included because of its “extensive record of civil rights violations and inhumane treatment.”

The letter, sent to The Department of Homeland Security Secretary Alejandro Mayorkas, urged the secretary to announce his intention to close ICE detention facilities across the country. “With lower ICE arrest rates and already reduced levels of detention arising from the COVID-19 pandemic, ICE is currently paying to maintain thousands of empty beds at enormous taxpayer expense—wasting hundreds of millions of dollars that would be better spent on alternatives to detention and other programmatic priorities,” the letter states.

FDA reverses decision on abortion medication mifepristone

After a year of legal fighting over mifepristone, the Food and Drug Administration has reversed itself, allowing the abortion medication to be prescribed during the COVID-19 pandemic through telehealth. The FDA, under the Donald Trump administration, would not allow mifepristone to be prescribed through telehealth, citing safety concerns, during the COVID-19 pandemic. Because of 20-year-old regulations around mifepristone, patients are normally required to travel to a clinic to pick up the pill. But, the pill can be safely taken at home. In the spring of 2020, after the COVID-19 pandemic began, the American Civil Liberties Union (ACLU) sued the FDA on behalf of the American College of Obstetrics and Gynecologists (ACOG).

Reversal of Trump gag rule on Title X funding proposed by the Biden administration

This week, the Joe Biden administration proposed to reverse a Donald Trump administration gag rule that affects how some family planning clinics provide abortion care information. Title X is a federal grant program that enables clinics to offer family planning services and preventive reproductive health care, primarily to low-income families who are uninsured or underinsured. New Mexico Department of Health family planning clinics, which receive Title X funding, provide contraception methods and related preventive health services including pre-conception health, sexually transmitted disease prevention education, screening, treatment and breast and cervical cancer screening, NMDOH spokesperson Jim Walton told NM Political Report by email. There are DOH family planning clinics in every county except Catron and Harding counties. Bernalillo County has 16 such clinics, Santa Fe County has seven, Doña Ana County has four and Rio Arriba County has three. 

There are 20 clinic sites that contract with DOH to provide family planning services, including nine school-based health centers.

Guv signs New Mexico Civil Rights Act into law, ends qualified immunity

Gov. Michelle Lujan Grisham signed the New Mexico Civil Rights Act, which ends qualified immunity as a legal defense, into law on Wednesday. Advocates have said the law will bring greater equity to New Mexico as it also enables individuals whose state constitutional rights have been violated to bring a civil suit seeking financial remedy. The new law caps the remedy at $2 million and no case can be brought over an incident that occurred before the start date – July 1, 2021 – of the new law. Recoverability of attorney’s fees is possible but subject to the court’s discretion. The original bill, HB 4, came out of recommendations made in a report written by the New Mexico Civil Rights Commission in late 2020.

2021 legislative session historic for LGBTQ causes

With six openly queer legislators participating in the 2021 New Mexico legislative session, many in the LGBTQ community said this past session was important in the advancement of equal rights. But also, legislation that would repeal the state’s ban on abortion, remove qualified immunity as a legal defense and enable individuals whose civil rights have been violated to seek financial remedy through the courts and require employers to provide paid sick leave to employees are major highlights for the LGBTQ community as well as the reproductive justice community because the two intersect. The New Mexico Civil Rights Act, which made the changes on qualified immunity, and the Healthy Workplaces Act, which imposes the paid sick leave requirement, passed both chambers but await Gov. Michelle Lujan Grisham’s signature. Lujan Grisham has already signed the Respect New Mexico Women and Families Act, on abortion, into law after it passed both chambers in February. Related: Governor signs bill repealing abortion ban into law: ‘a woman has the right to make decisions about her own body’

But there were other moments, such as an informal “gay pride night” in the state Senate, when two bills sponsored by openly queer Senators passed in mid-March, that were noted by members of the LGBTQ community.

The 2021 Legislature called ‘historic’ and ‘extraordinary’ by reproductive justice advocates

With the passage of legislation to repeal the state’s outdated abortion ban and the New Mexico Civil Rights Act, many in the reproductive justice community called the 2021 Legislative session “extraordinary.”

All reproductive rights groups NM Political Report spoke with cited the passage of the Respect New Mexico Women and Families Act, or SB 10, as one of the biggest victories and a major piece of legislation to come out of the 2021 session. Legislators fast tracked the bill through committee hearings and it passed both chambers before the session’s end. Gov. Michelle Lujan Grisham signed the bill into law in February. Related: Governor signs bill repealing abortion ban into law: ‘a woman has the right to make decisions about her own body’

The bill repeals the 1969 statute that criminalized abortion and made it a fourth-degree felony for a medical practitioner to perform one. Ellie Rushforth, an attorney with the American Civil Liberties Union of New Mexico, called the 2021 Legislative session “historic.”

Rushforth said it was in contrast to other states, where in the first few months of 2021, state legislatures have introduced close to 400 pieces of anti-abortion legislation.

Paid sick leave bill heads to Guv’s desk

The House voted 41 to 26 to agree with Senate changes to the paid sick leave bill on the final morning of the Legislature on Saturday.  

HB 20, whose lead sponsor was Rep. Christine Chandler, a Democrat from Los Alamos, would mandate that all private employers provide up to 64 hours of paid sick leave per year for employees. Private sector employees would accrue one hour of paid time off for every 30 hours worked. Gov. Michelle Lujan Grisham is expected to sign the bill. Getting HB 20 to final passage was called “one of the most difficult lifts this session,” by Rep. Susan Herrara, D-Embudo. The debate around HB 20, mostly entailed concerns about the business community’s, particularly small businesses, ability to absorb the cost.

Supreme Court brings back restrictions on medication abortion

The U.S. Supreme Court ruled Tuesday to reinstate restrictions on the a medication abortion pill that allowed patients to receive it through the mail during the pandemic. The justices ruled 7 to 2 on the decision in favor of the U.S. Federal Drug Administration. The FDA has maintained a rule that a patient must travel to a clinic to pick up the abortion pill mifepristone for the past 20 years when the drug first came onto the market. Reproductive advocates and experts have said that is politically motivated. The patient can take the pill in a place of their own choosing.

2020 Top Stories #5: COVID-19 in prisons

See our entire countdown of top stories, to date, here. The COVID-19 pandemic impacted the lives of almost every New Mexican, including those locked up in jail or prison. 

In April, just a month after New Mexico saw its initial cases of COVID-19, Gov. Michelle Lujan Grisham’s office faced a legal challenge over how the state was handling COVID-19 in detention centers across the state. A petition filed by the American Civil Liberties Union of New Mexico, the New Mexico Law Offices of the Public Defender and the New Mexico Criminal Defense Lawyers Association asked the state Supreme Court to intervene and compel the state to broaden its scope of how to lower inmate populations. The stance of the governor’s office was, and still is, that an executive order allowing a specific class of inmates to be released 30 days early was enough. 

The coalition that filed the petition argued that the governor’s office and the New Mexico Corrections Department were subjecting inmates to cruel and unusual punishment by sticking with the 30-day early release order instead of pushing for expanded and expedited parole or house arrest for inmates. During oral arguments in the Supreme Court case, both the governor’s lawyer and some justices expressed concern over where inmates would go after being released.