NM Supreme Court rules anti-discrimination law applies to public schools and universities - Jeanette DeDios, KUNM News
According to a ruling by the New Mexico Supreme Court Thursday, public schools and universities may be sued for discriminatory conduct under the New Mexico Human Rights Act.
In a unanimous opinion, the court concluded that public schools and public universities are considered “public accommodations” under the state’s anti-discrimination law.
This comes after a Native American student, McKenzie Johnson, was allegedly called a “bloody Indian” by a high school teacher in Albuquerque during a class on Halloween in 2018.
Johnson was 16 at the time and was dressed in costume with fake blood on her cheek. The teacher went further by allegedly cutting off part of another Native American student's braided hair.
Johnson sued Albuquerque Public Schools and the teacher, but the case was dismissed by a district court. The teacher later moved out of state and continues to teach.
The ruling overturns a decision that has stood for decades that a public university was not a public accommodation.
The justices also noted that the Human Rights Act protections must be considered with New Mexico’s history of race-based discrimination, and that schools have been used to further the assimilation and “cultural erasure” of Native American and Hispanic children.
New Mexico police misconduct board cancels special meeting about its independence - Austin Fisher, Source New Mexico
The New Mexico state agency tasked with investigating police misconduct was slated to meet Wednesday to discuss its autonomy, but the meeting has been scrapped for unknown reasons.
The Law Enforcement Certification Board scheduled, and then canceled, a special meeting set to occur at the Santa Fe County Sheriff’s Office in the afternoon, according to official notices posted to its website.
The notice originally said the meeting was “postponed,” but when asked whether the meeting has a new date, LECB Operations Officer Laura Escarcida wrote in an email to Source that the meeting “has been cancelled and will be rescheduled at a later date.”
CEO Joshua Calder had called the meeting to discuss his concerns about the board’s independence from the Department of Public Safety.
In a leaked Jan. 6 email, Calder expressed to the board his interpretation of the need for separation between his office and DPS.
Sen. Antonio “Moe” Maestas (D-Albuquerque) in 2023 carried the law that created the LECB.
On Wednesday, Maestas declined to comment on the board or its internal dynamics, but said he doesn’t think DPS has ever before had an agency administratively attached to it.
“DPS didn’t know how to do that, nor did they ask,” he said. “You’ve got to do administrative stuff that apparently DPS didn’t do, and it created this confusion.”
So, Maestas said, he will introduce a bill this session relating to police training, “that will further clarify the relationship” between LECB and DPS.
None of the 10 active board members have responded to voicemails or emails sent today and yesterday seeking comment on the meeting’s cancellation.
NM AG issues guidance on immigration enforcement - By Source New Mexico
In response to a Monday night federal order that rescinded limited enforcement by Immigration and Customs Enforcement and Customs and Border Protection in sensitive areas such as churches and schools, New Mexico Attorney General Raúl Torrez Wednesday issued guidance to community leaders regarding immigration enforcement that reviews the legal backdrop for such actions.
A news release from Torrez’s office notes that “removal of sensitive location protections overlooks the vital role spaces like schools and hospitals play in supporting families and children. Disruptions in these places can jeopardize access to education, healthcare, and essential services, leaving families in crisis without the stability and support they need.”
The guidance also responds to reported threats by the U.S. Department of Justice to local authorities who do not enforce the Trump administration’s immigration laws.
“Threatening state and local officials with federal prosecution not only distorts the law but stains the reputation of a once proud institution,” Torrez said in a statement. “As a former federal prosecutor who handled hundreds of immigration related cases, I know that this not only a distortion of our laws but a shameful departure from the proud traditions of an agency that is supposed to be dedicated to the advancement of justice.”
The information includes guidance to law enforcement leaders, which notes that “under the Tenth Amendment to the United States Constitution, the federal government cannot ‘compel the States to enact or administer a federal regulatory program,’ or force state employees to enforce federal law.”
The AG also provided information for leaders in: places of worship; district and magistrate courts; hospitals and other healthcare facilities; primary and secondary educational institutions; and higher education institutions. Each notes that the guidance is not intended as legal advice.
Justice department orders investigation of local compliance with Trump immigration crackdown - By Alanna Durkin Richer and Eric Tucker, Associated Press, KUNM News
The Justice Department has ordered federal prosecutors to investigate state or local officials who they believe are interfering with the Trump administration's crackdown on immigration, saying they could face criminal charges, in an apparent warning to the dozens of so-called sanctuary jurisdictions across America.
The memo, from acting Deputy Attorney General Emil Bove, signals a sharp turnabout in priorities from President Joe Biden's Democratic administration, with the Justice Department's civil division told to identify state and local laws and policies that "threaten to impede" the Trump administration's immigration efforts and potentially challenge them in court.
It also tells prosecutors in no uncertain terms that they will be on the front lines of an administration-wide effort to crack down on illegal immigration and border crime and that they are expected to carry out the policy vision of President Donald Trump's Republican White House when it comes to violent crimes, the threat of international gangs and drug trafficking.
"Indeed, it is the responsibility of the Justice Department to defend the Constitution, and accordingly, to lawfully execute the policies that the American people elected President Trump to implement," wrote Bove, who prior to joining the administration was part of the legal team that defended Trump against two criminal cases brought by the Justice Department.
"Sanctuary" has no legal definition, but the term encompasses a range of protection for immigrants, particularly those living in the U.S. illegally. Most often, the laws put legal limits on how law enforcement in those jurisdictions can cooperate with federal immigration authorities.
Courts have repeatedly upheld most sanctuary laws, and legal experts said that while prosecutions are possible, they doubted the charges would have any traction in court.
"What would you charge these people with?" asked Robert J. McWhirter, a constitutional scholar and longtime Arizona-based immigration lawyer. "Nothing obligates local law enforcement to cooperate with federal law enforcement on any issue. Not even bank robbery."
Following Trump’s election in November, Albuquerque Mayor Tim Keller told KUNM that he is committed to the city maintaining local control, including defending its sanctuary status against Trump administration policies. “I’ve seen the Trump show before and, more than most cities, we are prepared and I am prepared to stand up for the City of Albuquerque,” he said.
In Chicago, which has some of the strongest sanctuary protections nationwide, city leaders brushed off word of potential investigations. The nation's third-largest city has been a sanctuary city for decades, limiting cooperation between police and federal immigration agents.
"If the federal government is going to investigate, that is their prerogative," said Alderman Andre Vasqez, who is Mayor Brandon Johnson's handpicked chair of the City Council immigration committee.
Vasquez, the son of two Guatemalan immigrants, noted a 2016 campaign rally at the University of Illinois Chicago that Trump abruptly scrapped as crowds of boisterous protesters grew. The cancellation remains a badge of honor for many young activists in the Democratic stronghold.
"There will always be that kind of relationship between Chicago, President Trump and the Republican Party," said Vasquez. "I was born and raised in Chicago, in an immigrant family. It will take more than that to make me feel a little scared."
Across the country, cities and towns were sending out reminders about the delicate balance of sanctuary laws, which draw distinctions between not cooperating with federal immigration officials, particularly U.S. Immigration and Customs Enforcement, and actively undermining those federal officials.
New York's police department, for example, told employees in a memo that they are not permitted to "assist in any manner with civil immigration enforcement," but also said they must not "take any action that will interfere with or impede civil immigration enforcement undertaken by federal authorities."
In Denver, Mayor Mike Johnston said in a statement that the city "has been clear that we will coordinate with ICE on violent criminals," but added "we will not be bullied into doing ICE's job for them."
Bove's memo directs prosecutors to investigate potential criminal charges against state and local officials who obstruct or impede federal functions. As potential avenues for prosecution, the memo cites a conspiracy offense as well as a law prohibiting the harboring of people in the country illegally.
"Federal law prohibits state and local actors from resisting, obstructing and otherwise failing to comply with lawful immigration-related commands and requests," the memo says. "The U.S. Attorney's Offices and litigating components of the Department of Justice shall investigate incidents involving any such misconduct for potential prosecution."
But in Colorado, where state law bars local law enforcement from helping federal immigration agents without a court order, the attorney general's office said it knew of no state or local officials obstructing immigration enforcement.
"The federal government—not local law enforcement—is responsible for enforcing federal immigration laws," the office of Phil Weiser, a Democrat, said in a statement.
The memo includes a series of directives beyond those related to sanctuary jurisdictions. It suggests there will be a spike in immigration cases under the new administration, instructing U.S. attorney's offices across the country to inform courts of its policy "and develop processes for handling the increased number of prosecutions that will result." Any decisions by federal prosecutors to decline to prosecute immigration violations must be disclosed to Justice Department headquarters in so-called urgent reports, which are used to update leadership on law enforcement emergencies or significant matters of national interest.
The memo also says the department will return to the principle of charging defendants with the most serious crime it can prove, a staple position of Republican-led departments meant to remove a prosecutor's discretion to charge a lower-level offense. And it rescinds policies implemented by Biden Attorney General Merrick Garland, including one designed to end sentencing disparities that have imposed harsher penalties for different forms of cocaine.
"The most serious charges are those punishable by death where applicable, and offenses with the most significant mandatory minimum sentences," Bove wrote.
It is common for Justice Departments to shift enforcement priorities under a new presidential administration in compliance with White House policy ambitions. The memo reflects the constant push-and-pull between Democratic and Republican administrations over how best to commit resources to what officials regard as the most urgent threat of the time.
The edict to charge the most readily provable offense, for instance, is consistent with directives from prior Republican attorneys general including John Ashcroft and Jeff Sessions, while Democratic attorneys general including Eric Holder and Garland have replaced the policy and instead encouraged prosecutorial discretion.
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Associated Press writers Tim Sullivan in Minneapolis; Sophia Tareen in Chicago; and Colleen Slevin in Denver contributed to this report.
Immigrant detention beds may be maxed out as Trump moves to deport 'millions and millions' - By Morgan Lee and Stephen Groves, Associated Press
President Donald Trump's inauguration-day executive orders and promises of mass deportations of "millions and millions" of people will hinge on securing money for detention centers.
The Trump administration has not publicly said how many immigration detention beds it needs to achieve its goals, or what the cost will be. However, an estimated 11.7 million people are living in the U.S. illegally, and Immigration and Customs Enforcement currently has the budget to detain only about 41,000 people.
The government would need additional space to hold people while they are processed and arrangements are made to remove them, sometimes by plane. The Department of Homeland Security estimates the daily cost for a bed for one adult is about $165.
Just one piece of Trump's plan, a bill known as the Laken Riley Act that Congress has passed, would require at least $26.9 billion to ramp up capacity at immigrant detention facilities to add 110,000 beds, according to a recent memo from DHS.
That bill — named after a Georgia nursing student whose murder by a Venezuelan man last year became a rallying cry for Trump's White House campaign — expands requirements for immigration authorities to detain anyone in the country illegally who is accused of theft and violent crimes.
Trump also is deploying troops to try and stop all illegal entry at the southern U.S. border. He triggered the Alien Enemies Act to combat cartels. The rarely used 1798 law allows the president to deport anyone who is not a U.S. citizen and is from a country with which there is a "declared war" or a threatened or attempted "invasion or predatory incursion."
Detention infrastructure also will be stretched by Trump's ban of a practice known as "catch and release" that allows some migrants to live in the U.S. while awaiting immigration court proceedings, in favor of detention and deportation.
ICE USES FACILITIES AROUND THE U.S. TO HOLD IMMIGRANTS
ICE currently detains immigrants at its processing centers and at privately operated detention facilities, along with local prisons and jails under contracts that can involve state and city governments. It has zero facilities geared toward detention of immigrant families, who account for roughly one-third of arrivals on the southern U.S. border.
"There's a limitation on the number of beds available to ICE," said John Sandweg, who was acting director of ICE under President Barack Obama. "There are only so many local jails you contract with, private vendors who have available beds. And if the administration wants to make a major uptick in detention capacity, that's going to require the construction of some new facilities."
Trump's declaration of a national emergency at the U.S. border with Mexico leverages the U.S. military to shore up mass deportations and provide "appropriate detention space." The Pentagon also might provide air transportation support to DHS.
Private investors are betting on a building boom, driving up stock prices at the top two immigration detention providers — Florida-based GEO Group and Tennessee-based CoreCivic.
A fast-track budgeting maneuver in Congress called "reconciliation" could provide more detention funding as soon as April. At the same time, the Texas state land commissioner has offered the federal government a parcel of rural ranchland along the U.S.-Mexico border for deportation facilities.
WHERE COULD ICE ADD DETENTION SPACE?
The American Civil Liberties Union estimates that ICE is considering an expansion of immigrant detention space across at least eight states, in locations ranging from Leavenworth, Kansas, to the outskirts of major immigrant populations in New York City and San Francisco, said Eunice Cho, senior staff attorney for the group and its National Prison Project.
The ACLU sued for access to correspondence from private detention providers after ICE solicited feedback last year on a potential expansion. Related emails from detention providers suggest the possible redeployment of a tent facility at Carrizo Springs, Texas, previously used to detain immigrant children, and the South Texas Family Residential Center in Dilley, Texas — one of two major immigrant family detention centers that the Biden administration phased out in 2021.
"Under the Trump administration, Homeland Security will be working to try to detain everyone that it possibly can and also expand its detention capacity footprint well beyond what is currently available in the United States at this point," Cho said.
Cho added that Congress ultimately holds the purse strings for immigrant detention infrastructure — and that the Pentagon's involvement under Trump's emergency edict — warrants a debate.
"How does this detract from our own military's readiness?" she said. "Does the military actually have the capacity to provide appropriate facilities for detention of immigrants?"
USING THE MILITARY
Advocates for immigrant rights are warning against a hyper-militarized police state that could vastly expand the world's largest detention system for migrants. Immigrant detention facilities overseen by ICE have struggled broadly to comply with some federal standards for care, hindering safety for staff and detainees, a Homeland Security Department inspector general found during 17 unannounced inspections from 2020-2023.
During Trump's first administration, he authorized the use of military bases to detain immigrant children -- including Army installations at Fort Bliss, Texas, and Goodfellow Air Force Base. In 2014, Obama temporarily relied on military bases to detain immigrant children while ramping up privately operated family detention centers to hold many of the tens of thousands of Central American families caught crossing the border illegally.
U.S. military bases have been used repeatedly since the 1970s to accommodate the resettlement of waves of immigrants fleeing Vietnam, Cuba, Haiti, Kosovo and Afghanistan.
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Groves reported from Washington. Associated Press writer Rebecca Santana in Washington contributed.
New Mexico cities boast several James Beard Award semifinalists - Santa Fe New Mexican, KUNM News
The James Beard Foundation announced the semifinalists for this year’s 2025 Restaurant and Chef Award today. They include eight from New Mexico.
The Santa Fe New Mexican reports five chefs made the shortlist for Best Chef in the Southwest region, which includes New Mexico, Arizona, Oklahoma and Nevada.
From Santa Fe, Cristian Pontiggia of Sassella Restaurant, Fernando Ruiz of Escondido, and Joseph Wrede of Joseph's Culinary Pub made the list. The foundation also named Albuquerque chefs Kattia Rojas of Buen Provecho and Sean Sinclair of Level 5 semifinalists in the category.
In the Outstanding Bakery division, Coda Bakery in Albuquerque’s International District, known for its bánh mì, made the cut.
The Albuquerque area also boasted semifinalists in two drink categories. For its Outstanding Wine and Other Beverages Program, Campo at Los Poblanos in Los Ranchos got a nod. Meanwhile, Kate Gerwin of Nob Hill’s Happy Accidents was honored for Outstanding Professional in Cocktail Service.
Finalists for each James Beard Award category will be announced in April, according to the foundation, and winners will be named in June.