Paid parental, medical leave program passes first committee - By Megan Gleason, Albuquerque Journal
The Paid Family and Medical Leave Act on Monday passed its first legislative hurdle, much to the relief — and dismay — of different parents present at its first committee hearing.
It took more than two hours of discussion and public comment in the House Health and Human Services Committee before the bill was approved on a party-line 6-4 vote, with Democrats voting in favor and Republicans in opposition.
Now, the bill has just under eight weeks to make it through the rest of the Roundhouse. It failed last year to pass the House floor by two votes.
By implementing new fees, the legislation would allow employees to take up to 12 paid weeks off for parental leave and up to nine weeks off paid for medical or military exigency purposes. It would also allow nine weeks paid time-off for instances of domestic violence, stalking, sexual assault or abuse, for the employee or an employee's family member.
Under the program, employees would pay 0.005% of their wages into the fund — $5 for every $1,000 — and employers with five or more employees would pay 0.004% of wages into the fund — $4 for every $1,000.
Businesses that already offer a similar or broader paid leave program could apply for exemption waivers.
The bill, House Bill 11, heads to the House Commerce and Economic Development Committee next.
THE DEBATE
Bill sponsor Rep. Linda Serrato, D-Santa Fe, was in the past pregnant while serving in the House and had to return to work within six weeks, she said during Monday's hearing.
“That's all that my nonprofit could afford to give me, even though they wanted to do more. This is an insurance policy that allows them to do more,” Serrato said.
Meanwhile, new Rep. Elaine Sena Cortez, R-Hobbs, who had a baby two years ago, said this program would be New Mexico's largest proposed tax increase ever — something committee chair Rep. Liz Thomson, D-Albuquerque, said is inflammatory language and without evidence.
“We already pay federal tax. We already pay income tax,” Cortez said. “Many people are struggling just to buy groceries. ... Credit card use is at an all-time high. So now we are asking New Mexicans that are already struggling to pay an additional tax; is that correct?"
The bill sponsors disagreed. The Democratic legislators didn't agree with Republicans' defining the program fees as a tax.
In response to a question from Rep. Pamelya Herndon, D-Albuquerque, bill sponsor Rep. Christine Chandler, D-Los Alamos, said the goal is to ensure a "healthy, happy, productive workforce, which also protects the employer."
"Whenever the employee is successful, the employer is successful," Herndon said. "And so what we want to do is to make sure that they are able to take care of themselves when they need to, and that they're able to take care of their families when they need to. So this is a guaranteed savings plan to help make sure that there is funds to take care of them."
A slew of parents attended the committee meeting, including Abby O'Connor, marketing director with the New Mexico Cattle Growers’ Association.
As a pregnant mother with a young child at home, she said, she understands where “the hearts are of the sponsors and the supporters as well as anybody. But I also understand that, as a small business owner and a fifth-generation rancher from this state, that this will kill small businesses."
“Who do we expect to pick cherries, milk cows and go out and harvest hard crops when our employees are out on leave?” she added.
But for mother Deborah Condit, having a paid leave program could’ve prevented her from needing to go on food stamps. Condit, owner of Albuquerque’s Books on the Bosque, said her employer of four years didn’t provide paid leave when she had her daughter.
Now, as a business owner, she faces a similar situation where she can’t afford to give her employees the paid time off she wants.
“If there's a way for me as a small business owner to be able to provide that, sign me up,” Condit said.
Many people who spoke in opposition, including lawmakers, said they support the spirit of the bill but it’s just not economically feasible for employers, especially those in rural America, to replace workers for 9-12 weeks.
And, many of the same businesses and trade associations that opposed the bill last year again don't support it, like the New Mexico Chamber of Commerce and the New Mexico Restaurant Association. Business leaders noted the bill hasn't changed much since its 2024 failure on the House floor.
A narrower version of the bill introduced last year by Rep. Marian Matthews, D-Albuquerque, died in its first committee. It's unclear if Matthews will introduce an alternative bill again this year.
A POSSIBLE COMPROMISE?
At a breakfast at the La Fonda hotel hosted by the New Mexico Chamber of Commerce last week, Senate Majority Leader Peter Wirth, D-Santa Fe, encouraged business leaders to "stay at the table."
"We're going to try and find a compromise," he said. "It doesn't mean everyone's going to be happy, but I think that it's important that we listen and hear the concerns and the input that you all have and try and get ourselves a place where we can move forward."
Gov. Michelle Lujan Grisham's office didn't respond to a Journal inquiry as to whether the governor supports the bill or not.
House Minority Whip Alan Martinez, R-Bernalillo, questioned the bill sponsors on how the bill would work and how it’s changed since 2019 to make it more amenable to business leaders.
In response to a question from Martinez, Department of Workforce Solutions Secretary Sarita Nair said her agency would need 219 employees to run the program and currently has a 17% vacancy rate — or 100 employees.
Though the committee hearing maintained a cordial climate, glimpses of tension appeared at different times.
Thomson didn’t pass out a non-validated survey on business responses to PFML, Martinez said, after which he asked validation for because “these numbers are important for the committee.” He said more than 80% of businesses in his district — though the survey methods aren’t clear — found issues with the proposed program.
About 15 minutes into Martinez’s line of questioning, and after repeated back-and-forth between him and Chandler about characterizations of the bill, Thomson said the lawmakers already “agreed to disagree” and asked them to move on.
The House committee members were excused from the floor session for this debate, which was expected to be lengthy. Rep. Jenifer Jones, R-Deming, questioned bill sponsors for nearly an hour, digging into the legislation page by page.
‘Remain vigilant’: NM immigrant defenders say no confirmed ICE raids here – yet - Patrick Lohmann, Source New Mexico
Rumors have swirled about unannounced raids by federal law enforcement agencies seeking to arrest and deport undocumented immigrants in New Mexico, but advocacy groups say no such raids have been confirmed here.
But they could happen soon, said Sophia Genovese, spokesperson for the New Mexico Immigrant Law Center.
“We’ve been told by the local (Immigration and Customs Enforcement) field office that it’s going to take them several weeks to work through the many executive orders that have been handed down,” she said. “And for now, we should expect business as usual.
“With that being said, I think communities need to remain vigilant and know their rights, because even before these executive orders came out, ICE would conduct enforcement operations, so that’s part of ‘business as usual.’”
The ICE field office in El Paso did not respond to a list of questions from Source New Mexico on Friday. A spokesperson for the Mexican Consulate in Albuquerque also did not respond.
President Donald Trump’s threat to deport people en masse and a flurry of executive orders in the first few days of his presidency have shot fear through communities of color in New Mexico. Tribal leaders here have also reported at least two instances of federal law enforcement questioning or detaining tribal members.
Mescalero Apache President Thora Walsh Padilla published a statement Thursday evening on Facebook, saying that an ICE agent approached a tribal member in public and spoke Spanish. The tribal member responded in English and produced a New Mexico driver’s license and a tribal identification card, and the ICE agent left, according to Padilla’s statement.
Navajo Nation Council members met Thursday night after getting numerous reports of Navajo citizens being harassed or held by ICE. In a statement, the council said one Navajo citizen was detained for nine hours.
Navajo Council Delegate Carlito Slater told Source New Mexico he has not verified rumors from his constituents that ICE has caught tribal members up in immigration dragnets. But he is particularly worried about Navajo elders who may not have adequate documentation, like a birth certificate, traveling off the reservation and getting caught up in a sweep.
“Those are narrow circumstances,” he said. “Those people traveling by themselves is generally infrequent, but it’s something to remain vigilant about.”
Immigrant advocacy organizations have been responding in-person to reported raids or other immigration operations, Genovese said, to try to confirm rumors. A widely circulated report of a raid at the University of New Mexico Hospital, for example, was overblown and involved a different law enforcement agency.
“Community coalitions are working really hard to dispel these rumors, investigate rumors of ICE activity,” she said. “And we’re asking community members to take photos, to take videos, to ask questions of those that they believe might be ICE officers, particularly people with privilege, so that immigrants aren’t aren’t put in harm’s way.”
While the groups are unaware of public immigration round-ups in New Mexico, Genovese said, Trump’s election appears to have affected the usual course of business in immigration court. Even before Trump was sworn in, judges started canceling hundreds of scheduling conferences or other preliminary hearings for the center’s clients.
Then lawyers for the center, which helps 5,000 clients throughout the year, received notice that the court would instead issue scheduling orders and handle other court processes on paper. That denies lawyers and their clients the opportunity for a hearing or to challenge the validity of the proceeding.
It’s an effort, she said, to expedite more trials.
“We’re concerned that these cases are going to move so rapidly that legal service providers aren’t going to be able to keep up,” she said. “We already can’t keep up, and it’s just going to make the situation even harder.”
The New Mexico Immigrant Law Center has a toolkit with legal and other resources for immigrants and advocates. It can be found here.
Future of the fairgrounds up for debate at BernCo Commission meeting - By Rodd Cayton, City Desk ABQ
Bernalillo County commissioners Tuesday will consider initial steps toward possible redevelopment of the New Mexico state fairgrounds.
The state government is asking county officials to create a tax increment development district centered on the fairgrounds. The county could issue bonds to pay for infrastructure improvements and a portion of gross receipts taxes or property taxes collected within the district would be used to pay off the bond debt.
Those improvements could include roads, drainage systems and water treatment.
New Mexico Gov. Michelle Lujan Grisham last month announced the state would seek proposals for a master plan to redevelop the 236-acre midtown Albuquerque site. She said the site could include housing or a new arena suitable for hosting large-scale concerts and special events.
Commissioners on Tuesday are expected to vote on whether to authorize the publication of notices of a public hearing regarding the proposed formation of the special district. If they approve, the hearing will take place in 30 to 60 days.
Commissioner Barbara Baca has proposed a resolution that calls for county administration to develop a plan for establishing a “housing development services” division.
The division would oversee the identification, acquisition, funding, construction and related aspects of affordable housing in Bernalillo County. County Manager Cindy Chavez would be asked to bring recommendations to the board at the Feb. 25 meeting.
One aspect of the resolution is a decision to either increase staffing or solicit professional services for addressing the housing crisis. Housing New Mexico, formerly the New Mexico Mortgage Authority, predicts the county will need 28,000 additional housing units by 2035 to meet its demand, including 4,900 units of affordable housing.
Commissioners will also conduct a public hearing on whether to adopt a low-income property tax rebate.
If the legislation is adopted, a taxpayer (or married couple) with a modified gross income of $24,000 or less would be eligible for a rebate of up to $350. The board will vote on introducing an ordinance to adopt the rebate. If it approves, the matter will be brought back for adoption at the Feb. 11 meeting.
Trump pardon spares Chama man who pled to violent attack on Capitol Police - By Olivier Uyttebrouck, Albuquerque Journal
A Chama man who pleaded guilty last year to assaulting two Capitol Police officers in 2021 had charges against him dismissed last week following President Donald Trump’s unconditional pardon of the Jan. 6 rioters.
Rockne Gerard Earles, 64, pleaded guilty in September to two felony assault charges for attacks on the two officers, court records show.
In one attack captured on video, Earles grabbed an officer and wrestled him to the steps outside the Capitol Building, according to records filed in U.S. District Court for the District of Columbia.
The officer, identified as “A.C.” in court records, was later hospitalized with a concussion and was off work for 45 days as a result of injuries he received that day, according to a sentencing memorandum filed by prosecutors.
In the other assault, Earles threw a full 20-ounce bottle of Gatorade at an officer, narrowly missing the officer’s head, according to the memorandum.
Federal prosecutors recommended last week that the judge sentence Earles to 52 months in prison, according to a sentencing memorandum filed in U.S. District Court.
U.S. District Judge Reggie B. Walton on Wednesday dismissed the criminal case against Earles and ordered his release from the District of Columbia jail where he was held pending sentencing.
Email messages sent to Martin Juarez, Earles’ federal public defender in Albuquerque, were not immediately returned.
Phone messages left with the Capitol Police public information office were not returned last week.
Trump a week ago Monday issued an unconditional pardon for all of the nearly 1,600 people charged in connection with the attack on the Capitol on Jan. 6, 2021, including those charged with acts of violence against officers.
Earles is one of at least five New Mexicans who faced criminal charges for their roles in the Jan. 6 riot. Earles is also listed as a resident of Fargo, North Dakota.
Couy Griffin, a former Otero County commissioner and founder of Cowboys for Trump, said last week that he planned to turn down a presidential pardon if offered and intended to contest his conviction in court.
Griffin became a national figure during the Jan. 6 attack when he recorded videos from the Capitol terrace with hundreds of noisy flag-waving protesters behind him. Griffin was convicted in U.S. District Court in 2022 of entering a restricted area outside the U.S. Capitol and was sentenced to 14 days in jail.
Earles was arrested in Chama on April 11, 2023, after a federal grand jury indicted him on eight charges. He pleaded guilty on Sept. 20 to two counts of assaulting, resisting or impeding certain officers. He faced up to eight years in prison and up to $250,000 in restitution.
In a sentencing memorandum filed last week, federal prosecutors recommended the judge sentence him to 52 months in prison, 36 months of supervised release and $2,000 in restitution.
Earles and other rioters breached a police line on the Capitol’s northwest stairway and attempted to enter a doorway, the sentencing memorandum said.
“As Officer A.C. attempted to block rioters from advancing through a doorway, Earles tackled Officer A.C. from behind and pulled him to the ground — leaving a clear path for other rioters to breach the doorway,” the memorandum said.
Earles also put his hand on A.C.’s back to prevent him from getting up, it said.
NM Dept of Transportation warns of delays near Paseo and Tramway - By Rodd Cayton, City Desk ABQ
The New Mexico Department of Transportation (NMDOT) is advising motorists to be alert and expect delays as a major construction project gets underway at Paseo Del Norte and Tramway boulevards.
Crews started working Monday to install new traffic signals, add pedestrian access ramps and modify some turn lanes in an effort to improve safety.
The first phase of the project will last about two months, according to an NMDOT news release. Only one lane in each direction will be open on Paseo Del Norte through the intersection.
Drivers are advised to slow down, expect delays and consider alternative routes if any are available. NMDOT is urging the public to exercise caution when traveling through the construction zone and to observe all posted signs and speed limits to ensure safety for both motorists and construction crews.
Anyone interested in construction updates may call 505-245-3134 or visit nmroads.com.
Feds accuse Albuquerque police, State Police and Bernalillo County deputies in DWI racketeering case - By Matthew Reisen and Colleen Heild, Albuquerque Journal
Officers and deputies with the Albuquerque Police Department, Bernalillo County Sheriff's Office and New Mexico State Police worked with an attorney and his private investigator in a "DWI enterprise" to get drunken driving cases dismissed in exchange for money and other favors, according to newly filed federal records.
Ricardo "Rick" Mendez, 53, who has been the private investigator for attorney Thomas Clear III, was charged with racketeering, bribery of an agent receiving federal funds and interference with commerce by extortion under color of official right and conspiracy in the case.
Mendez pleaded guilty in the case on Friday.
His attorney could not be reached Friday.
The filings in U.S. District Court in Albuquerque were the first mention of the Bernalillo County Sheriff's Office or State Police being involved in the corruption case, which came to light just over a year ago after FBI agents raided Clear's office and the homes of several current and former APD DWI officers.
Last year APD leaders placed officers Harvey Johnson, Honorio Alba Jr., Joshua Montaño, Nelson Ortiz, Daren DeAguero, Neill Elsman and Lt. Justin Hunt on leave in connection with the case. All seven resigned before they were supposed to be interviewed as part of the Internal Affairs investigation.
Additionally, APD Cmdr. Mark Landavazo was placed on leave, and eventually terminated, for violating department policies uncovered due to a separate investigation that came out of APD's internal probe into the DWI corruption.
None of the APD officers or any other law enforcement officers have been charged in the case, according to online federal court records. Clear, who is named in the court filings as a co-conspirator, also had not been charged as of Friday afternoon.
Parallel to the criminal investigation, APD created an internal affairs task force to conduct all administrative investigations into alleged misconduct by current or past members of the DWI Unit.
The findings of the inquiry will be submitted to the superintendent of police reform to determine whether APD policies were followed.
In the fallout of the investigation and because the officers’ credibility potentially could be questioned, 2nd Judicial District Attorney Sam Bregman’s office dismissed more than 200 DWI cases that had been filed and were pending at the time of the FBI searches.
Heinrich announces he won’t run for NM governor in 2026 - By Patrick Lohmann, Source New Mexico
U.S. Sen. Martin Heinrich announced early Friday that he would not be running for New Mexico governor, saying the “stakes are simply too high” for him to leave his post in Washington, D.C.
Speculation had been growing since at least mid-December, when Axios published a story teeing up a potential primary between Heinrich and Deb Haaland, the first Indigenous woman to be Interior Secretary and a former New Mexico congresswoman.
Heinrich has demurred in multiple interviews since then about whether he intended to run, saying he would make the decision that was best in consultation with his family. His campaign ended that speculation in a news release early Friday morning.
“After careful consideration and many conversations with my family, constituents and colleagues, I’ve decided to remain in the United States Senate. It’s clear to me that New Mexico needs a strong voice in Washington now more than ever—the stakes are simply too high,” he wrote.
Heinrich cited President Donald Trump’s “alarming actions” this week as reason he is staying committed to the Senate, including trying to undo birthright citizenship, pardoning violent Jan. 6 defendants and rolling back environmental protections.
“From fighting back against these harmful policies to defending the progress we’ve made lowering costs for working families, growing our economy and keeping our communities safe, the Senate is where I believe I can have the most impact,” Heinrich wrote.
Heinrich was first elected to the Senate in 2013. He was re-elected in November by a wide margin.
Haaland has not announced her intention to run for governor. She did not address her political future in a short speech at The Peoples March Jan. 19 in Albuquerque, apart from telling a crowd of hundreds of cheering supporters that she would “leave the ladder down” for other Indigenous women in politics now that the “door is open” for them.
“I want people who care about a better future to run for office, and I’ll be there to make sure that they do,” she said.
The election to replace Gov. Michelle Lujan Grisham, a Democrat, takes place Nov. 3, 2026.
ICE confrontation in Ruidoso rattles Mescalero Apache Tribe - By Nicole Maxwell, New Mexico Political Report
Federal Immigration and Customs Enforcement agents questioned a Mescalero Apache tribal member Wednesday and asked for a passport, according to Mescalero Apache President Thora Walsh-Padilla.
Walsh-Padilla said in a statement that the incident was verified Thursday afternoon.
“While this is the only incident we have been able to verify, Tribal leadership is actively working with the New Mexico Congressional Delegation to ensure that the rights of Tribal Members are protected,” Walsh-Padilla said in the statement. “To be safe, be aware of your surroundings, let family members/friends know where you are, and keep identification with you at all times.”
ICE agents questioned a family standing in line in front of a Mescalero Apache tribal member and the family was escorted outside, according to the statement.
An ICE agent approached the tribal member in Spanish to which the tribal member replied they spoke English.
Names were not released.
The ICE agent then asked the tribal member for a passport and in response, the tribal member presented their driver’s license and tribal identification to the ICE agent who then ended questioning and left, according to the statement.
“We want to ensure that Mescalero Apache Tribal members can effectively communicate their rights and concerns in relation to federal agents, fostering resilience and solidarity among tribal members,” a Mescalero Apache news release states.
The incident follows President Donald Trump’s announcement that expanded immigration enforcement activities were on the way.
New Mexico Attorney General Raúl Torrez issued guidance on Wednesday outlining protections against unreasonable search and seizure.
Navajo Nation President Buu Nygren warned Navajo people living in urban areas about potential interactions with immigration agents.
Requests for comment from ICE about the incident were not returned.
Dem legislators push bill taking on private equity in health care - By Susan Morée, New Mexico Political Report
A bill expected to be filed this session aimed at providing oversight of private equity investment in New Mexico healthcare may not be a panacea for the state’s health care worker shortage, but advocates and the bill’s sponsor say it’s a start.
The Healthcare Consolidation Act, which will be co-sponsored by two Democrats — state Sen. Katy Duhigg, of Albuquerque, and House Majority Whip Reena Szczepanski, of Santa Fe — would set up a mechanism requiring the potential purchaser of a health care entity or facility to go through a review process by the New Mexico Office of Superintendent of Insurance. Insurance Superintendent Alice Kane told NM Political Report the bill is aimed to ensure communities don’t see a loss of service or access, not to interfere with the purchases.
According to Duhigg, private equity firms currently own nearly 40% of New Mexico’s health care facilities and the expansion of private equity into the medical sphere is a growing concern in both the state and the nation. Duhigg said she and Szczepanski are filing the bill because the state lacks a statute to provide oversight of private equity transactions when they occur. The nonprofit watchdog Private Equity Stakeholder Project ranks New Mexico as having a 100% risk score for private equity in healthcare.
Duhigg said the consolidation act would not prohibit private equity purchases in healthcare in New Mexico but it would create much needed transparency.
“New Mexico has absolutely nothing in place to even be aware of these transactions, let alone meaningful oversight over them,” Duhigg said.
She said a bill passed last year was “a band-aid” that lacked both transparency requirements and an enforcement mechanism. She said the bill she’s sponsoring this session is a much more comprehensive bill.
Matt Parr, communications director for the Private Equity Stakeholder Project, told NM Political Report the goal is to increase profit margins when private equity firms purchase hospitals. He said, typically, private equity firms hold a healthcare acquisition for about five to seven years and often cut services, the number of employees and require physicians to see more patients each day to increase profit.
He said another private equity tactic is to sell the land a hospital occupies, then charge the hospital rent.
“The private equity firm gets the money from the sale and requires the hospital to lease the land, which adds to operating expenses which leads to financial distress for the hospitals,” Parr said.
Parr said the watchdog group has found private equity-owned dental companies push unnecessary services on patients to increase profits.
“We’ve seen dental companies push root canals on children and babies,” he said.
Parr said, overall, cutting services, employees and the amount of time providers can spend with their patients, plus, at times, pushing unnecessary procedures onto patients, all lead to poor patient outcomes.
Kane said her office would not regulate private equity firms if the bill is enacted.
“This isn’t going to solve everything,” Kane said.
But, she said, the bill would allow her office to monitor a private equity transaction process. She said if the private equity firm making the purchase begins to cut services, impact access, quality or cost, the state would be able to bring enforcement against the company.
“We’re trying to prevent problems seen in prior transactions,” Kane said.
Republicans said in legislative meetings last year that a previous version of the bill would hurt business investment in New Mexico.
Kane said government regulation often elicits those kinds of comments, but in the insurance industry it has not held true.
“I don’t think that’s going to happen,” Kane said.
Kane said she thinks a whistleblower protection section of the bill will prove to be important since it will enable employees of a private-equity owned healthcare facility to come forward without fear of reprisal if they see problems occurring.
“Providers need protection so they could come tell us if conditions are not being met. They’re going to be our strongest source of information,” Kane said.
Albuquerque City Council OKs public housing upgrades - By Elizabeth McCall, City Desk ABQ
Multiple low-income Albuquerque properties are officially set for energy-efficient upgrades, which Mayor Tim Keller’s administration says will lower costs for residents.
City councilors on Wednesday unanimously approved a contract with the International Center for Appropriate and Sustainable Technology to start a $6 million project that will add new weatherstripping, water heaters, furnaces, smart thermostats and lighting to eight city-owned apartment complexes.
The properties include Manzano Vista Apartments, The Beach apartment complex, Santa Barbara Senior Apartments, Bluewater Village, Tucson Apartments, Los Altos Lofts, Glorieta Apartments and Candelaria Gardens — 594 units in total.
The city will pitch in $1.5 million toward the project. Connor Woods, a spokesperson for the Department of Health, Housing and Homelessness, said in an email that “residents of city-owned properties are expected to see an estimated 15% to 40% reduction in their utilities.”