With shelter beds available in New Mexico, asylum seekers wait across the border in dangerous conditions because of a Trump-imposed policy

Hundreds of available shelter beds in New Mexico are empty while families, including a Honduran mother and her child, seek asylum in the U.S. are forced to wait across the border with Mexico in Ciudad Juárez. Advocates have said there is a humanitarian crisis happening along the border. The Donald Trump administration’s border policies, which many describe as racist, inflammatory and discriminatory, were implemented early in the COVID-19 pandemic to stop migrants along the southern border from crossing. The administration said the policies were in place to stop the spread of the disease, though the federal government implemented very few restrictions on international flights for international travelers and none for U.S. travelers. 

While President Joe Biden has reversed most of Trump’s COVID-19 border policies, he has not ended Title 42, which has kept the border closed for people like Ana Judyth Ayala Delcid, 24, and her two-year-old daughter, who journeyed through perilous conditions from Honduras through Mexico this past spring to seek asylum in the U.S.

Ayala Delcid told NM Political Report, through an interpreter provided by El Calvario Methodist Church shelter in Las Cruces, that she left her home with her young daughter and began the journey across Mexico, despite her fears of how hard it might be, because in two separate incidents, gang members killed her aunt and invaded her house at night. She said she is afraid to return.

U.S. Health and Human Services stays restrictions on mifepristone

The U.S. Health and Human Services Department and the American Civil Liberties Union agreed to put a lawsuit on hold late last week that could have longer term implications for the abortion medication mifepristone. On Friday the HHS, which oversees the Food and Drug Administration, filed in Hawaii district court a request to stay a lawsuit that has been ongoing around mifepristone since 2017.  The ACLU, which also filed for the stay, is suing the U.S. Health and Human Services on behalf of a Hawaii clinician. The ACLU and the Hawaii clinician are suing because the FDA’s in-person pickup requirement for mifepristone requires patients in Hawaii to have to fly between islands to receive a single pill. Once a patient has picked up mifepristone at a clinic, they can go home to take it. The FDA requires abortion patients to travel to a clinic to pick up mifepristone because the abortion medication is under the FDA’s Risk Evaluation and Mitigation Strategies (REMS), drug safety program intended for medications with serious safety concerns. 

Mifepristone has been in the FDA’s REMS program since the FDA approved the prescription drug in 2000.

New Mexico one of few states to pass pro-reproductive rights legislation this year

With more than 500 pieces of anti-abortion legislation under consideration in state legislatures around the country, New Mexico’s passage of SB 10, which decriminalized abortion, bucked the nationwide trend. Only one other state passed abortion rights legislation this year. Because the U.S. Supreme Court is expected to consider and rule on an unconstitutional abortion ban in the next few years, Planned Parenthood of the Rocky Mountains President and Chief Executive Officer Vicki Cowart called the passage and signing of New Mexico’s bill to repeal an abortion ban “critical,” and a “key to protecting reproductive rights.”

Related: Governor signs bill repealing abortion ban into law: ‘a woman has the right to make decisions about her own body’

Cowart told NM Political Report by email that this year, Virginia is the only other state that has passed a bill expanding abortion access in 2021. But since the beginning of the year, 12 states have passed anti-abortion legislation, according to a Planned Parenthood report. There are a few other states with pro-reproductive legislation under consideration, Robin Marty, author of “Handbook for a Post-Roe America” and “The End of Roe v. Wade,” said.

Governor, legislators speak about end of session

Gov. Michelle Lujan Grisham and legislators spoke about legislative successes and what they expect to happen with bills that didn’t cross the finish line, including a pending special session to pass recreational cannabis. 

Lujan Grisham said she was proud of how much work was done in a session marred by a pandemic. 

“It’s incredibly difficult and challenging, to debate, to draft, to engage in policy making,” she said. “It’s everything from economic relief, education and health care in an environment where you absolutely have to meet the COVID safe practices.”

Particularly, Lujan Grisham praised lawmakers for passing a liquor law reform, approving a proposed constitutional amendment to use state funds to pay for early childhood education and decriminalizing abortion.   

Democratic House of Representatives leadership held a press conference a few minutes after adjourning sine die on the House chamber floor to discuss Democratic accomplishments for this session. Speaker of the House Brian Egolf, of Santa Fe, said the focus for this session was recovery. 

The three-pronged approach to recovery, Egolf said, was education, health and the economy. Of the more than 170 pieces of legislation that passed this year, some of the bills highlighted during the press conference included passage of SB 10, the Respect New Mexico Women and Families Act, which repealed the 1969 statute banning abortion, as well as HB 4 the New Mexico Civil Rights Act, which ends qualified immunity as a legal defense in the state and allows for financial remedy up to $2 million and the potential to recover attorney’s fees if a person’s constitutional rights have been violated. Lujan Grisham signed SB 10 into law in February.

Cowboys for Trump leader to remain in custody until trial

An Otero County Commissioner who also leads a pro-Trump organization will remain in federal custody ahead of his trial for his role in the Jan. 6 insurrection. Couy Griffin, an outspoken and controversial supporter of Donald Trump, was arrested in January for entering a secure area on Jan. 6 when supporters of Trump overwhelmed police and took control of the U.S. Capitol when members of Congress were tasked with counting electoral votes. Trump and some Republicans alleged without evidence that the former president  lost the election because of voting irregularities.

Trump impeached for second time

The U.S. House of Representatives voted to impeach President Donald Trump for the second time, with two of the three representatives, both Democrats, in New Mexico’s delegation voting in favor of the historic vote on Wednesday. The House voted 237-197 to impeach Trump, saying that Trump incited violence and the storming of the U.S. Capitol last week when his supporters took control of the building, driving lawmakers into hiding while some called for the death of Vice President Mike Pence and Speaker of the House Nancy Pelosi. Trump is the first person to be impeached twice. Ten Republicans voted along with all Democrats to impeach Trump, after no Republicans voted to impeach Trump in 2019 for abuse of power and obstruction of Congress. The Senate voted to acquit Trump of those charges in February of 2020.

Trump campaign drops election lawsuit nearly 70 days after election day

Donald Trump’s campaign dropped a lawsuit over the use of ballot drop boxes in New Mexico’s elections—part of the campaign’s nationwide, unsuccessful efforts to overturn election results after he lost his reelection bid. 

The campaign filed the lawsuit in mid-December, weeks after the election and after the state had certified its election results and the same day New Mexico’s electors cast their ballots for Democrat Joe Biden. The lawsuit centered on the legality of ballot dropboxes for absentee ballots, and echoed a lawsuit filed in state court by the party. The party withdrew that lawsuit ahead of the election after it said the party came to a “consensual resolution” with the Secretary of State. Like the other lawsuits, dozens of which the campaign had dismissed or lost, the lawsuit was aimed at overturning election results. But unlike in some states with relatively close margins of victory for Joe Biden, Trump lost the election in New Mexico by nearly 100,000 votes and over 11 percentage points.

Capitol rioters planned for weeks in plain sight. The police weren’t ready.

ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox. The invasion of the U.S. Capitol on Wednesday was stoked in plain sight. For weeks, the far-right supporters of President Donald Trump railed on social media that the election had been stolen. They openly discussed the idea of violent protest on the day Congress met to certify the result.

“We came up with the idea to occupy just outside the CAPITOL on Jan 6th,” leaders of the Stop the Steal movement wrote on Dec.

Trump campaign files suit to overturn NM’s election results, even after they were certified and electoral votes were cast

After losing New Mexico by nearly 100,000 votes and over 11 percentage points, and the same day the state voted to cast its electoral votes for Democratic nominee Joe Biden, the Donald Trump campaign filed a lawsuit that seeks to invalidate thousands of votes and asked a federal judge to overturn the state’s election results. The Secretary of State’s office said they had not yet been served with the lawsuit as of Monday afternoon, which was 41 days after the election, but a spokesman for Secretary of State Maggie Toulouse Oliver, Alex Curtas said, “We look forward to its swift dismissal.” 

The lawsuit is one of a series of dozens of legal actions that have failed to overturn any election results. In fact, on Monday, enough states cast electoral votes for Biden to secure the victory, the same result that has been clear for weeks. Some judges have tossed out lawsuits by Trump’s campaign and his allies for not filing the claims in a timely fashion. This lawsuit targets drop off boxes, which the campaign claims were illegally in place.

It’s official: NM casts electoral votes for Biden

New Mexico’s five electoral votes formally were cast for Joe Biden on Monday. The five electors, all wearing masks, gathered for the socially distanced occasion in Room 307 in the Roundhouse, on Monday morning. The votes that take place in every state across the country are typically an unnoticed event every four years. But with incumbent President Donald Trump refusing to concede to Biden, the Democratic former vice president, and losing dozens of legal challenges seeking to overturn results in various states, there was increased attention on the formality. The official, certified election results in New Mexico found that Biden and his running mate Kamala Harris easily won the state, defeating Trump and running mate Mike Pence by nearly 100,000 votes: a 54.29 percent to 43.5 percent margin of the over 923,000 votes cast in the presidential race.