Governor talks about legacy, says she's not leaving office without medical malpractice fixes - Dan Boyd, Albuquerque Journal
Michelle Lujan Grisham’s tenure might be nearing its end, but the Democratic governor isn’t taking her foot off the gas quite yet.
With her final 30-day legislative session underway at the Roundhouse, Lujan Grisham described New Mexico's current medical malpractice system as broken and said she's prepared to go to the mat to ensure changes are made.
"I am not leaving this job — and there's a looming expiration date — without medical malpractice reform," Lujan Grisham told the Journal in an interview this week.
That could include calling lawmakers back to Santa Fe for a special session later this year if no bills on the issue are approved during the regular session that ends Feb. 19, the governor confirmed.
"This is critically important and they've got to get it done," she said, referring to the Democratic-controlled Legislature.
Several bills dealing with medical malpractice have already been filed during this year's session, including a proposal from Rep. Christine Chandler, D-Los Alamos, that would limit punitive damages in medical malpractice cases, among other changes.
The governor issued an executive message this week that paved the way for that bill, House Bill 99, to be considered during the session.
However, legislation dealing with medical malpractice laws is not expected to be among a package of bills fast-tracked to the governor's desk, Senate Majority Leader Peter Wirth, D-Santa Fe, said last week.
In large part, that's because of the complexity of the issue. Recent proposals to change the system, which was revamped in 2021 and updated in 2023, have generated fierce debate at the Roundhouse.
But Lujan Grisham has increasingly leaned into the medical malpractice fray over the last year, and the Governor's Office has convened recent negotiations between trial lawyers and health care executives on the issue.
As part of some of her strongest comments to date on the issue, the governor cited a recent Legislative Finance Committee survey that found 65% of New Mexico physicians who responded are considering leaving the state to practice elsewhere. Of those doctors, most cited concerns about the state's medical malpractice laws as the reason for their discontent.
"Doctors, they don't want to practice here," said Lujan Grisham, who also expressed misgivings about "venue shopping" in New Mexico's judicial system that allows certain civil cases to be filed in judicial districts with jury pools considered to be more favorable to plaintiffs.
A final push at the Roundhouse
In her final year as New Mexico's governor, Lujan Grisham said she did not want to flood lawmakers with new proposals during her last State of the State address.
But the governor, who called for a bipartisan approach to key issues during her hourlong speech, also made it clear she's not planning on coasting to the finish line.
Specifically, Lujan Grisham indicated she'll keep pushing for changes to what she described as a "lopsided" juvenile justice system, despite some lawmakers' resistance to the idea of stiffening criminal penalties for violent underage offenders.
"I don't think legislators quite understand how troubled some of these kids are," she said, referring to the 2024 hit-and-run death of cyclist Scott Habermehl in Albuquerque. Three juveniles were arrested in connection with the incident, which was recorded and later shared on social media.
The governor also said she's optimistic about legislators funding her universal child care initiative during this year’s session, even though a key legislative panel omitted a $160 million budget ask for the program from its initial spending plan for the coming year.
"I feel pretty bullish about the opportunity to get that done," said Lujan Grisham, who said she understands legislators' resistance to high-cost gubernatorial initiatives.
She also said she's been thanked for launching the state-subsidized child care expansion while traveling around New Mexico.
What's next for the governor?
With Lujan Grisham's second term set to conclude at the end of this year, the governor acknowledged thoughts about the future have started creeping into her mind.
"I'm not very good at not working," Lujan Grisham said.
The governor, who served three terms representing an Albuquerque-based congressional seat before being elected governor in 2018, was rumored to be a possible Cabinet-level pick if 2024 Democratic presidential candidate Kamala Harris had won.
With Donald Trump as president for the next three years, Lujan Grisham mentioned the possibility of serving on boards for energy or health care organizations after leaving the Governor's Office.
She also said she's received preliminary inquiries about her potential interest in possible public speaking and consulting gigs.
"I'm exploring those avenues and opportunities in a way I can while I'm still governor," said Lujan Grisham.
When asked about her legacy, the governor said she gets uncomfortable talking about the subject.
But she said the universal child care initiative, along with other policies like expanded pre-kindergarten and tuition-free college for New Mexicans who meet qualifying criteria, could end up positively impacting the lives of state residents.
While 11-plus months still remain before leaving office, "I think my legacy is creating a series of family connecting services," said the governor.
Albuquerque City Council strikes down proposed renters' rights ordinance - Gillian Barkhurst, Albuquerque Journal
More than a third of Albuquerque’s population rents, according to the U.S. Census Bureau, but during a Wednesday City Council meeting, an effort to protect renters' rights was narrowly voted down.
“It’s frustrating, it’s disheartening,” said Jake Hamm, a renter who showed up in support of the ordinance Wednesday night. “It feels like it's hard to have the people that we elected be on our side.”
The ordinance, proposed by Councilor Nichole Rogers, sought to codify a state law that was passed during last year’s legislative session, but is not being enforced in Albuquerque.
That law put a $50 cap on application fees and made landlords disclose the full cost of miscellaneous fees before a tenant signs a lease. If a landlord breaks such rules, they can face recurring fines ranging from $250 to $500.
However, Rogers said no one is enforcing that law, leaving renters who thought they were getting relief out in the cold.
The measure failed on a 5-4 vote after tense discussion among councilors, renters and landlords during public comment.
The crux of the issue was a disagreement among councilors over who should be responsible for enforcing the law.
Councilors Dan Lewis, Dan Champine and Brook Bassan called the proposed local law duplicative and said that the state should be responsible for enforcement.
“We don't have the resources to be able to assist something that the state department should be handling,” Bassan said.
Council President Klarissa Peña joined with those councilors to strike down the proposed law, saying "we aren't ready for primetime yet."
Councilor Renée Grout also voted no on the bill, although she offered no explanation.
Despite councilors' concerns, Chief Administrative Officer Samantha Sengel said Code Enforcement was capable of enforcing such an ordinance.
Meanwhile, Councilor Stephanie Telles argued that the proposed ordinance was the most efficient way to enforce the law, rather than asking the New Mexico Attorney General's Office to create an enforcement mechanism that already exists within the city.
“This isn't duplicative and it's very common practice when it comes to procedural governance,” Telles said. “... And I say that as an actual government accountability expert who worked at the State Auditor's Office for four years.”
Though many renters went home unhappy after the failed vote, landlords who opposed the bill were relieved.
Landlords and property managers who spoke during public comment feared doubled fines if the law was passed and said the law assumed guilt.
“I could face investigation, require mediation and potential penalties based solely on an unverified claim,” said Josh Price, a property manager for Maddox Management.
Price also said that the bill already had its intended impact and prompted most landlords to get into compliance.
“The vast majority of rental property owners work hard to comply with laws and treat tenants fairly,” Price said. “The company that I work for, we changed all of our practices and policies back in the beginning of June as soon as (the law) was in place. We changed the fees. We changed in closing. I'm asking council to trust that (Senate Bill) 267 is working and to give it time to prove itself.”
In sharp contrast, as a renter, Hamm said that the problem runs much deeper than a handful of bad actors.
There is a “massive power imbalance” between tenants and landlords, Hamm said, and without the local law, there is no guarantee that owners will hold themselves accountable.
After the failed vote, Rogers said that the legislative body had failed to protect its low-income citizens.
“We had a clear opportunity to bring our city code in line with state law and offer common-sense relief to families struggling with the cost of housing,” Rogers said in a statement after the meeting. “By voting this down, the Council has effectively said that transparency in rental fees and protection from junk charges are not a priority for our city.”
Bernalillo County District Attorney says warrantless ICE detentions violate NM law - Olivier Uyttebrouck, Albuquerque Journal
Bernalillo County District Attorney Sam Bregman sent a letter Wednesday to a top Immigration and Customs Enforcement official in Albuquerque warning that some practices of federal agents in other states could be prosecuted as a felony offense under New Mexico law.
ICE officials who detain someone without a warrant signed by a judge can be charged under New Mexico's felony false imprisonment law, which contains no exceptions for law enforcement officers, Bregman wrote.
"I write to express my deep concern about ICE procedures and operations across the country," he said in the letter sent to William Shaw, assistant field office director for ICE in Albuquerque.
"ICE's nationwide pattern of unconstitutional enforcement actions give rise to questions and unease about ICE activity in New Mexico," Bregman wrote. "Specifically, certain activity by ICE agents reported in other states would be criminal under the laws of New Mexico."
Bregman, who is a Democratic candidate for governor, said he received no response to the letter on Wednesday. Shaw is the assistant field director of ICE's Enforcement and Removal Operations in Albuquerque.
The Journal did not receive a response Wednesday to a request for comment from Albuquerque officials at the U.S. Department of Homeland Security, which oversees ICE.
Bregman said he wrote the letter in response to videos and news reports about ICE activities in other states and was not prompted by any specific incidents in New Mexico.
"I'm trying to get ahead of this so that it's very clear," Bregman said in a phone interview. "I'm not going to sit by and watch anybody violate the law and turn a blind eye to it. To the contrary, we're going to hold people accountable, and that means everybody."
The Associated Press reported Wednesday that ICE officers are asserting sweeping power to forcibly enter people's homes without a judge's warrant, according to an internal ICE memo and whistleblower complaint.
The memo, signed by acting director of ICE, Todd Lyons, states that administrative warrants signed by an agency official are sufficient for forced entry if there’s a final order of removal. The change reverses previous guidance and raises concerns about constitutional protections against illegal searches.
Bregman's letter highlights New Mexico's statute for false imprisonment, which is defined as "intentionally confining or restraining another person" without lawful authority such as a signed warrant, reasonable suspicion or probable cause. False imprisonment is a fourth-degree felony with a basic sentence of 18 months in prison.
New Mexico law contains no exception for law enforcement officers, Bregman wrote in the letter.
"Therefore, any ICE agent who, without a signed warrant and without reasonable suspicion or probable cause, detains, confines or retrains a person in Bernalillo County may be subject to prosecution," it said.
Bregman said in the interview that videos and news reports from other states show ICE officers engaging in racial profiling by arbitrarily pulling over Hispanic people and demanding to know where they were born.
"We are a majority Hispanic state," he said. "I represent the biggest populated county in the state. I'm laying this down to make sure everybody knows that we're not going to tolerate whoever they are violating our criminal statutes."
Dozens of Minneapolis ICE detainees shipped to NM detention facility - Patrick Lohmann, Source New Mexico
Dozens of immigrants currently housed at a New Mexico detention facility arrived there recently from the Minneapolis area, the site of a massive federal immigration operation and intensifying protests.
Three detainees at the Torrance County Detention Facility in Estancia told Source New Mexico in phone interviews Wednesday evening that Immigration and Customs Enforcement officers arrested them separately in Minnesota on or around Jan. 5 before quickly flying them to a detention facility in El Paso, which was rapidly filling with new arrestees as they stayed there for several days.
On Jan. 11, officers woke them up around 4 a.m. and bussed about 40 of them to Estancia, a journey that required detainees to be awake for 24 hours, detainee Jorge Cordoba told Source. Everyone on the bus to Estancia was arrested in Minneapolis or nearby, he said.
Cordoba, 33, said he has lived in Minneapolis for more than 20 years and lives in the United States legally under protected Deferred Action for Childhood Arrival status granted to immigrants who arrived here as children. His parents brought him here from Mexico when he was 10, he said.
“My wife is a U.S. citizen. I have four kids,” he said. “I’ve been a pretty good citizen. It’s been more than 10 years since I got a speeding ticket.”
Cordoba’s protected status didn’t stop an ICE agent from arresting him around 4:30 a.m. Jan. 5 on his way to work at a humidity control company, he said. ICE agents took him to a temporary detention facility in the city and, by 10 p.m. that night, Cordoba was already in El Paso, he said.
While Source could not independently corroborate his account, Innovation Law Lab, an immigrant legal advocacy group, provided details of its own interviews with recent jail arrivals, including one account that matches Cordoba’s.
Now Cordoba remains in New Mexico awaiting a hearing before a judge to demonstrate that he still has DACA status.
“I’m stuck here,” he said.
Irina Vaynerman, a Minnesota-based lawyer with the organization Groundwork Legal, told Source on Thursday that ICE is deliberately shipping detainees to far-away facilities to deprive them of legal access and family support.
Her organization is seeking a federal judge’s order to return one of her clients from New Mexico. In a legal filing Wednesday, she argued that “Oscar O.T.”, a Guatemalan man seeking asylum, is being denied constitutional due process and that his transfer to New Mexico violates a judicial order that he be able to face a judge in Minnesota.
“This is just part of a much bigger story about not just the unlawful detentions that are happening, but on top of that, the intentional evading of the court’s orders and court’s jurisdiction,” she said.
She said ICE shipping detainees out-of-state prevents “individuals who have been unlawfully detained from being able to connect with local counsel and file the legal actions they need to be able to get free.”
In Oscar’s case, she said, ICE’s system for lawyers to track their clients was not working, so they had no clue where he was until she got an email from ICE saying he was being held in “Albuquerque.”
No ICE detention facility exists in Albuquerque, so Vayneman said it’s possible he is actually in Estancia, an hour or so away from Albuquerque, and was bussed there along with fellow Minneapolis residents from El Paso.
“That is the type of insanity that is going on, the intentional disappearing of Minnesotans who have been unlawfully detained,” she said. “It is genuinely the government’s effort to try to erase entire swaths of the U.S. population in an unlawful way.”
An ICE spokesperson did not respond to Source’s request for comment about why the agency would hold Minneapolis arrestees in Estancia. A spokesperson for CoreCivic, which owns and operates the facility, referred Source’s request for comment to ICE.
It’s not clear exactly how many Minneapolis arrestees are held in Estancia. Tiffany Wang, a lawyer with Innovation Law Lab, told Source on Wednesday that a “decent number” of roughly 100 detainees the group spoke with last week were from Minnesota. The Portland-based immigrant legal advocacy group does weekly jail visits.
Wang said her best guess as to why ICE would select Estancia is that the jail has space, following a reduction in detainees that coincided with a two-month-long contract expiration between ICE and CoreCivic late last year. She noted that many detainees previously arrived there from a makeshift ICE facility in the Florida Everglades known as “Alligator Alcatraz.”
“TCDF just has served as this holding place for people caught in other states, and sent here with really no regard to the family that they have in other places or with the attorneys that they may have in their home states, or anything,” she said.
The Legislature is currently considering a ban on public entities like Torrance County from contracting with ICE and CoreCivic for the purpose of immigrant detention. One reason lawmakers cite is to prevent public bodies from being complicit in President Donald Trump’s mass deportation push in New Mexico and across the country.
A New Mexico House committee is scheduled to take up the bill Thursday afternoon.
Cordoba, along with fellow Estancia detainees Cirilo Figueroa and Felix Garcia, all told Source they worry most about their families more than 1,200 miles away in Minnesota amid protests and an immigration crackdown that have seized the city. Like Cordoba, Garcia and Figueroa said they’ve lived in the city more than 20 years. Garcia, 59, has 12 grandchildren, as well as a nephew whom ICE briefly detained despite him being a US citizen, he said.
All have watched local news reports from inside the jail showing the chaos in their hometown, they said, and described feeling powerless to help their families from so far away.
“It’s not fair,” Cordoba said, his voice cracking, “what’s happening.”
NM House committee advances bill to ban immigrant detention in NM - Joshua Bowling, Source New Mexico
New Mexico lawmakers advanced an immigration detention bill out of committee Thursday afternoon after Republican representatives warned it could irreparably harm rural economies.
House Bill 9, known as the Immigrant Safety Act, would prohibit government entities across the state from signing contracts to detain people for federal immigration violations. Lawmakers on the House Consumer and Public Affairs Committee voted 4-2 to move the bill.
“An economy built on cages is not development — it is dependency,” Rep. Angelica Rubio (D-Las Cruces), one of the bill’s co-sponsors, said during the hearing. She said she has tried to pass similar legislation for a decade.
The move came as dozens of immigrants arrested in Minneapolis were shipped to the Torrance County Detention Facility, which is run by private prison operator CoreCivic, in New Mexico. One of them, 33-year-old Jorge Cordoba, told Source NM he lived in Minneapolis for more than 20 years and was in the country legally under protected Deferred Action for Childhood Arrival status.
Republican Representatives Stefani Lord of Sandia Park and John Block of Alamogordo expressed concerns about the proposed bill. They disputed assertions that incarcerated people are mistreated in custody and argued that passing this bill could cause companies like CoreCivic to shut down the facilities and take jobs away from rural New Mexico communities.
“Would you accept an amendment to subsidize my district so that we don’t go bankrupt?” Lord , whose district includes Torrance County, asked committee members during the committee meeting. “There’s been a lot of concern about people in the prison there. What happens when they go to Montana or Florida or Guantanamo Bay? We don’t care anymore, because they’re out of sight, out of mind?”
Block took up Lord’s line of questioning for nearly an hour and asked presenters — who included Rep. Eleanor Chávez (D-Albuquerque), American Civil Liberties Union of New Mexico senior attorney Becca Sheff and New Mexico Immigrant Law Center attorney Jessica I. Martinez — if they were OK with the federal government shipping immigrants currently detained in New Mexico elsewhere.
Block’s interrogation ran so long that at one point, committee Chair Rep. Joanne Ferrary (D-Las Cruces) accused him of harassing Chávez, Sheff and Martinez. Later in the afternoon during Block’s questioning, Rubio left the dais to distribute bottled water to testifying experts and some members of the audience.
Residents who spoke during public comment were overwhelmingly in favor of the bill, though Otero County Attorney R.B. Nichols spoke during a virtual public comment period to oppose the bill. He said it would disproportionately harm economies in regions like Otero or Torrance counties that rely on detention centers for jobs.
The bill’s supporters, though, contend that it would not force these facilities to shut down. Many detention centers contract with other law enforcement agencies, such as the U.S. Marshals, and would still detain people accused of crimes.
“We’re disentangling ourselves from the immigration industry that’s been…a money-making, for-profit machine off the backs of our neighbors and families and friends,” Chávez, one of the bill’s sponsors, told Source NM. “I think that it sends a message to the rest of the country.”