Governor Susana Martinez announced today that she has signed an
executive order rescinding sanctuary status for illegal immigrants who commit crimes in New Mexico while protecting victims and witnesses of criminal acts. The order signed by Governor Martinez directs law enforcement officers to inquire about the immigration status of those who are arrested for committing crimes.
"This order takes the handcuffs off of New Mexico's law enforcement officers in their mission to keep our communities safe," said Governor Martinez. "The criminal justice system should have the authority to determine the immigration status of all criminals, regardless of race or ethnicity, and report illegal immigrants who commit crimes to federal authorities. Meanwhile, it is important that we safeguard the ability of victims and witnesses to report crimes to law enforcement officers without fear of repercussion."
Full text of the executive order is below:
EXECUTIVE ORDER 2011-009
RESCINDING AND SUPERSEDING PRIOR EXECUTIVE ORDER PROVIDING
SANCTUARY FOR INDIVIDUALS ARRESTED FOR CRIMES OTHER THAN
VIOLATION OF IMMIGRATION LAWS
WHEREAS, the State of New Mexico has a diverse population, including legal
immigrants from many countries, whose contributions to the community are vital and from which the State of New Mexico greatly benefits; and
WHEREAS, it is essential that victims of, and witnesses to, crime are able to
report those crimes and that they be assured access to our criminal justice system without fear of deportation or other immigration consequences; and
WHEREAS, Executive Order 2005-019 established a "sanctuary" policy that
prohibited state law enforcement officers from inquiring about a criminal suspect's immigration status; and
WHEREAS, this policy offers a shield to those who are arrested for committing
crimes and are in this country illegally; and
WHEREAS, it is not the responsibility of state law enforcement officers to
enforce federal immigration laws; however, in compliance with their sworn duties to uphold all laws, state law enforcement officers shall cooperate and communicate with federal authorities; and
WHEREAS, when a person, regardless of race, is arrested for a crime, state law enforcement officers shall inquire into the criminal suspect's immigration status, and report relevant information to federal immigration enforcement authorities;
NOW, THEREFORE, I, Susana Martinez, Governor of the State of New
Mexico, by virtue of the authority vested in me by the Constitution and the laws of the State of New Mexico, do hereby ORDER and DIRECT:
1. Executive Order 2005-019 is rescinded and this Executive Order shall
2. State law enforcement officers shall not inquire about the immigration status of crime victims, witnesses, or others who call or approach law enforcement seeking assistance or reporting a crime; and
3. State law enforcement officers shall inquire into the criminal suspect's
immigration status, and report relevant information to federal immigration
THIS ORDER supersedes any other previous orders, proclamations, or
directives to the extent they are in conflict. This Executive Order shall take effect immediately.
DIANNA J. DURAN
SECRETARY OF STATE
SIGNED AT THE EXECUTIVE OFFICE THIS 31ST DAY OF JANUARY, 2011.
WITNESS MY HAND AND THE GREAT SEAL OF THE STATE OF NEW MEXICO.