The Las Cruces City Council on Oct. 6 voted to adopt Resolution 26-049, an updated "welcoming city" measure that narrows when city officials may share personal information with federal immigration authorities and clarifies where federal immigration enforcement may operate on city property.
The resolution was approved by council majority after two council amendments and extensive public comment. Councilors who explicitly recorded votes during the roll call included members voting in favor and at least one member voting no; the final motion passed.
The updated resolution reaffirms the city's 1997 human-rights ordinance and says city resources should not be used ‘‘for purely immigration-related enforcement actions.’’ It also directs city staff to provide written policies or training to city employees within roughly six months to a year to implement the policy.
Brad Douglas, the city's legal counsel, outlined the proposed changes and the city's options. He told the council the measure would "prohibit the sharing of personally identifiable information about persons for solely immigration related enforcement actions" and reiterated the city would comply with valid judicial warrants. Douglas also proposed three technical amendments to avoid unintentionally limiting non-immigration law enforcement duties.
Douglas recommended, and the council adopted, a clarifying amendment to the nondisclosure section that adds: "This section shall only apply when receiving requests for sensitive personal information that are solely for the purpose of federal immigration enforcement." He also approved deleting a clause that could have been read to restrict local police from responding to incidents in certain private or sensitive spaces. Those two changes were put to votes and carried.
The debate at the dais ranged from procedural concerns about seeing amendment text in writing to larger questions about civic values and public safety. Councilor Flores asked for the amended language to be provided in writing and at one point moved to table the item until the next meeting so councilors could review the exact amendments. Councilors Bencomo and others said the update was "timely and urgent" given recent federal immigration enforcement activity cited repeatedly by public speakers.
More than three dozen people addressed the council during the public-comment period on this item. Supporters included immigration attorneys, faith leaders and local immigrants who said the resolution will help keep families together and encourage people to report crimes without fear. Jessica Martinez, director of policy and coalition building at the New Mexico Immigrant Law Center, said the city should act to "protect our community from harm" and urged passage.
Several youth speakers from NewGen Hope and the New Mexico Dream Team urged protection for families and described how fear of enforcement discourages victims and witnesses from contacting the police. A local pastor, Brother Joseph Bach of Holy Cross Retreat Center, said the resolution will "help make Las Cruces a safer city for all residents by keeping families together, strengthening our communities, and rebuilding trust in the local police."
Opponents urged caution. Some speakers said the council should not adopt a policy that could complicate cooperation with federal law enforcement or impose new burdens on the Las Cruces Police Department. Councilor Matisse said he planned to vote no and described his view that legal and illegal immigration should be treated differently.
Councilors debated both the policy and the process. Several council members and members of the public said they had not received the final amendment language in advance and asked for time to review it; others said delaying the measure would prolong a period of increased federal enforcement and risk further harm to immigrants.
The final adopted measure (Resolution 26-049, as amended) keeps the city's longstanding nondiscrimination commitments, endorses LCPD General Orders that limit local involvement in immigration enforcement, and restates that city employees should not use municipal resources for purely federal immigration enforcement absent a valid judicial warrant. The resolution also explicitly discourages the city from entering into 287(g)-style agreements that delegate federal immigration powers to local law enforcement. The measure encourages, but does not require, the Las Cruces Municipal Court to allow virtual appearances for certain low-level matters.
Supporters said the resolution will preserve community trust and public safety; opponents raised concerns about administrative burdens and potential legal vulnerabilities. City staff will report back to council on training and written policies to implement the resolution.
Votes at a glance: the council approved Resolution 26-049 as amended; amendment language adding the nondisclosure limitation and deleting a problematic phrase in the "sensitive locations" section were both adopted prior to final passage. Specific roll-call votes were recorded during the meeting and are part of the official minutes.
What happens next: city staff were instructed to develop and deliver the training and written procedures described in the resolution and to provide quarterly updates to the council via the city manager if federal immigration authorities request sensitive personal information from the city.
Speakers quoted in this article are identified in the meeting record and are listed in the speaker directory below. Direct quotations are drawn from the meeting transcript.