Gov. Michelle Lujan Grisham signed HB9 into law Thursday, creating a legal firewall between New Mexico local governments and federal immigration agents. While the move marks a major statewide shift, Bernalillo County officials say their facilities are already ahead of the curve.
Known as the Immigrant Safety Act, HB 9 bars state and local agencies from detaining people for federal civil immigration violations. It ends agreements that let local law enforcement act as federal immigration agents and prohibits public bodies from selling or leasing land for immigration detention.
Business as usual for Bernalillo County
For the Metropolitan Detention Center (MDC), the state’s largest jail, the law will not change daily operations.
A county spokesperson said the facility already meets the state’s requirements, and that MDC does not house federal detainees, has no contract with the U.S. Immigration and Customs Enforcement (ICE) and refuses to hold people based on ICE detainers. Staff do not ask about immigration status during booking or give ICE access to facility records.
Under HB 9, New Mexico jails cannot honor administrative warrants signed only by federal agents. The only exception is a judicial warrant signed by a judge. Without one, jails cannot notify ICE when someone is released or allow agents into nonpublic areas. The law also bans 287(g) agreements, which previously allowed the federal government to deputize local police as immigration agents.
Bernalillo County has moved toward these protections for years. The commission passed an immigrant-friendly resolution in 2017 and added policies in 2019 to block the jail from sharing sensitive information without a court order.
Most recently, in November 2025, the commission approved the “Safer Community Places” ordinance, which restricted ICE access to hospitals, schools, courthouses, churches and worksites without a warrant.
HB 9 essentially codifies the county’s existing policies and prevents future commissions from reversing them.
While the law aligns with Bernalillo County’s current path, it will force three rural counties — Torrance, Cibola and Otero — to terminate their ICE detention contracts at the earliest allowable date.
Torrance County officials said the Estancia detention center is the area’s largest employer and a major source of gross receipts tax revenue, while Cibola County leaders estimate closing the Milan facility could cost about 180 jobs and tens of millions in revenue, according to New Mexico Political Report.
The law takes effect May 20, 90 days after the legislature adjourns on Feb. 19.
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