House Judiciary Committee advances Immigrant Safety Act and packages of public-safety, health and environmental bills

The House Judiciary Committee on Thursday voted to advance a set of bills that lawmakers said respond to public‑safety, health and administrative problems across the state, including House Bill 9, the Immigrant Safety Act, which would prohibit New Mexico public entities from entering into contracts to detain people for civil immigration violations.

Supporters and opponents delivered extended testimony before the committee in a session that combined legal, fiscal and human‑rights arguments. Committee members ultimately approved committee substitutes or “do pass” recommendations for most measures on the agenda.

Why it matters: HB 9 drew the longest debate. Backers said it closes a federal contracting loophole that has allowed local governments to host beds used for civil immigration detention under intergovernmental service agreements. Opponents — including county officials and some local elected leaders — warned of economic disruption if ICE and its private contractors move detention beds out of New Mexico.

HB 9 (Immigrant Safety Act)

Representative Diego Chavez, the bill sponsor, framed the measure as a narrow prohibition on state‑level participation in civil immigration detention contracts. “HB 9 simply regulates the behavior of state public entities,” Sofia Genovese of the New Mexico Immigrant Law Center told the committee, saying similar laws have survived court challenges in other states. Jessica Ines Martinez, a policy director at the same law center, added that “breaking the connection between New Mexico's counties and the federal immigration enforcement authorities will promote cooperation and communication between New Mexico's immigrant communities and local officials.”

Opponents included local officials who said losing contracts could harm small counties and towns that rely on detention‑related activity. Nathan Bridal, mayor of Estancia, said the loss of ICE contracts would ‘‘kill the town of Estancia’’ by removing a large share of local gross receipts tax revenue and hundreds of jobs. Otero County Attorney R.B. Nichols warned of potential bond defaults tied to facilities the county helped finance.

Committee counsel and witnesses repeatedly clarified the bill’s scope: it targets civil immigration detention contracts between public bodies and the federal government and does not change criminal‑justice obligations or contracts with the U.S. Marshals Service. That distinction was repeated by multiple witnesses and the sponsor during questioning.

Outcome: The committee gave HB 9 a do‑pass recommendation on the floor (committee report to follow). The committee recorded a majority vote in favor and moved the bill out of committee for further action.

HB 171 (Pharmacy access for custodial care/detox facilities)

Representative Jones presented an amended bill to let licensed custodial care and residential detox facilities obtain and possess certain controlled medications to manage withdrawal and admit patients 24/7. The sponsor said the change would prevent facilities from turning away acutely ill patients when nearby retail pharmacies are closed.

Dr. James Fasante, an addiction medicine specialist and chief medical officer at Santa Fe Recovery Center, described a recent case: “It took us two hours to get that medicine. I almost sent him to the ER, and I was very worried he was gonna have a seizure in my facility,” he told the committee, arguing that in‑house access would prevent life‑threatening delays.

The Regulation and Licensing Department (Board of Pharmacy) did not oppose the policy change but told the committee the agency’s Fiscal Impact Report lists an unbudgeted $70,000 operating cost and requested either budget authority or a delayed implementation date (the department asked for extension to June 30, 2026). Sponsor and medical witnesses urged the committee not to delay.

Outcome: Committee recommended a do‑pass for HB 171 as amended.

HB 258 (Codifying methane capture standard)

Representative Zapanski described HB 258 as placing the core elements of the current Oil Conservation Division methane capture rules into statute, including the state’s capture standard. Supporters — including the governor’s climate adviser and environmental groups — said codification protects a rule that industry and state agencies developed and that recent federal action shows rules are vulnerable to change at the agency level. The governor’s office described the measure as a priority.

Industry groups including the New Mexico Oil and Gas Association, Permian Basin Petroleum Association and the Independent Petroleum Association of New Mexico opposed the bill in committee testimony, arguing the regulatory rulemaking process is already working and that the bill could change technical details without a stakeholder process.

Outcome: Committee recommended a do‑pass on HB 258 (as previously amended); debate and refinement of technical language remains a potential issue on the House floor.

HB 308 (Conservancy districts and local elections)

The committee advanced a substitute for HB 308 to remove the Middle Rio Grande Conservancy District and the Arch Hurley Conservancy District from the Local Elections Act. Witnesses from the Middle Rio Grande Conservancy District and tribal governments explained that the districts use a landowner‑based electorate rather than a registered‑voter list, creating cross‑jurisdictional and technical obstacles to running elections under the consolidated Local Elections Act.

Jason Kasuga (MRGCD operations) said the conservancy districts’ qualified‑elector lists are landowner‑based and span multiple counties, which complicates integration with county voter registration systems. County clerks and tribal leaders spoke in support of the substitute.

Outcome: Committee recommended a do‑pass on the House Judiciary Committee substitute for HB 308.

Other measures moved by the committee

• HB 72 (Judiciary committee substitute): Sponsor Representative Chavez presented a set of technical edits to a committee substitute (0.4 version). The committee approved a motion to recommend the committee substitute over the underlying bill.

• HB 256 (Bill introduction deadline statutory cleanup): The committee approved a committee substitute reconciling a statutory bill‑introduction deadline with internal House rules and with varying session lengths.

• HB 284 (Free‑roaming horses and livestock management): Representative McQueen sponsored a committee substitute that would add a state framework for relocating, adopting and using fertility control for certain free‑roaming horse populations on state and private land; the substitute also prohibits slaughter. The measure drew both conservationist and ranching testimony and passed on a committee substitute vote.

Votes at a glance (committee action)

- HB 9 — Immigrant Safety Act: Committee motion to give a do‑pass recommendation carried; sponsor: Representative Diego Chavez; mover on the floor: Speaker Martinez (motion); second: not specified in transcript; committee recorded a majority in favor. (Scope: prohibits state public entities from entering into civil immigration detention contracts; does not change criminal detention or U.S. Marshals contracts.)

- HB 171 — Pharmacy access for custodial care facilities (as amended): Committee recommended do‑pass. (Fiscal note: Regulation & Licensing requested $70,000 and a June 30, 2026 implementation extension in testimony.)

- HB 258 — Methane capture codification (as previously amended): Committee recommended do‑pass. (Sponsor: Representative Zapanski; supporters: governor’s office, environmental groups; opposition from industry groups.)

- HB 308 — Conservancy districts: Committee recommended do‑pass on the House Judiciary Committee substitute removing MRGCD and Arch Hurley from the Local Elections Act.

- HB 72 — Judiciary committee substitute 0.4: Committee recommended do‑pass on the committee substitute (technical edits described by Representative Chavez were adopted).

- HB 284 — Free‑roaming horses: Committee recommended do‑pass on the committee substitute that provides relocation/adoption, fertility control and a prohibition on slaughter for specified horses on state and private lands.

- HB 256 — Bill‑introduction deadline: Committee recommended do‑pass on the committee substitute that harmonizes statutory language with rule and session length.

What’s next

All bills recommended for do‑pass will continue toward House floor consideration and fiscal review as required. For HB 9, committee members and witnesses emphasized the bill is narrowly focused on contracts and that operations and enforcement decisions by federal authorities (including transfers or releases) remain within ICE’s discretion. Several committee members said the policy raises difficult tradeoffs between local economic impacts and state values about how New Mexico should or should not participate in civil immigration detention.

Speakers quoted (selected): Representative Diego Chavez (sponsor, HB 9); Sofia Genovese (managing attorney, New Mexico Immigrant Law Center); Jessica Ines Martinez (policy director, New Mexico Immigrant Law Center); Nathan Bridal (mayor, Estancia); R.B. Nichols (Otero County attorney); Lena Weber (interim policy director, ACLU of New Mexico); Representative Jones (sponsor, HB 171); Dr. James Fasante (addiction medicine specialist, Santa Fe Recovery Center); Melissa Salazar (Regulation and Licensing Department); Representative Zapanski (sponsor, HB 258); Travis Kellerman (governor’s senior climate policy adviser); representatives and committee leadership listed on the record.

Ending: Committee members said they wanted to finish remaining agenda items at a future meeting; bills that passed committee substitutes or received do‑pass recommendations will be scheduled for the next available House floor action and any required fiscal review.