HM 54 — COMMITMENT OF NM TO HUMAN & CIVIL RIGHTS

HOUSE MEMORIAL 54 53RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION , 2018 INTRODUCED BY Patricia Roybal Caballero 6 8 10 A MEMORIAL AFFIRMING THE COMMITMENT OF NEW MEXICO AND ITS POLITICAL SUBDIVISIONS TO HUMAN AND CIVIL RIGHTS AND TO FREEDOM FOR REFUGEES AND IMMIGRANTS, BOTH DOCUMENTED AND UNDOCUMENTED.

156 WHEREAS, a substantial portion of New Mexico's population is of Hispanic heritage, and many people's roots in New Mexico e t 17 go back four hundred years to Native Americans and the original w l n d 18 Spanish explorers;

and = = 19 a l WHEREAS, through many centuries, New Mexico has been home i a e r 20 to many migrants and immigrants who came seeking better lives a t m m 21 for themselves and their families;

and d r e 22 WHEREAS, the people of New Mexico have rich and lasting c e s k 23 multicultural traditions and a history of tolerance toward all e a n b 24 people, cultures, traditions and lifestyles and recognize the u [ right to define their way of life;

and .209972.1 WHEREAS, the human and civil rights of the residents of the state should not be diminished or otherwise infringed;

and WHEREAS, no state law, ordinance, resolution or policy should be enacted or adopted nor should any action be condoned that discriminates on the basis of ethnicity, race, age, religion, creed, color, national origin, ancestry, sex, gender, sexual orientation, physical or mental disability, HM 54 medical condition or citizenship status;

and Page 1 WHEREAS, the productive relationship between New Mexico and immigrants living in the state would be undermined if the state were to retreat from its long-standing support of immigrant-friendly policies;

and e e 17 WHEREAS, New Mexico does not discriminate on the basis of e e n d 18 a person's national origin, and all persons will be treated = = l ] 19 equally with respect and dignity, regardless of their a l r i 20 immigration status;

and t e a t WHEREAS, no state resources will be used to identify or m m 21 e d r e 22 apprehend any non-citizen on the sole basis of the person's c e r c 23 immigration status, unless otherwise lawfully required to do e a n b 24 so;

and u [ WHEREAS, New Mexico has long recognized the contributions .209972.1 - 2 - made to its economy and culture by its community of immigrants, who often live in mixed-status families with United States citizen children and are long-time residents of the state;

and WHEREAS, the use of resources by the state to enforce federal civil immigration laws both diverts resources from other productive services for the people of New Mexico and undermines a productive and trusting relationship between the HM 54 Page 2 undocumented community and the state;

and WHEREAS, the tenth amendment to the United States constitution provides that the powers that are not delegated e e 17 expressly or by implication to the United States or prohibited e e n d 18 to the states are reserved to the states, respectively, or to = = l ] 19 the people, and that has been interpreted by the United States a l r i 20 supreme court to preclude the federal government from t e a t compelling or commandeering any state or local government, m m 21 e d r e 22 either directly or by the use of coercive threats to withhold c e r c 23 federal funding, to adopt federal programs or enforce federal e a n b 24 laws, including immigration laws;

and u [ WHEREAS, New Mexico and its political subdivisions, .209972.1 - 3 - agents, agencies, officers and employees in performance of official duties should not, to the extent legally possible, assist or voluntarily cooperate with United States department of homeland security investigations or arrest procedures relating to alleged violations of immigration law;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF HM 54 Page 3 REPRESENTATIVES OF THE STATE OF NEW MEXICO that it affirm and continue to abide by its nondiscrimination and integration policies toward residents, irrespective of immigration and citizenship status;

and BE IT FURTHER RESOLVED that the house of representatives recognize the state's status as a welcoming community and ask that all state agencies and all agencies operating under a political subdivision of the state accept driving authorization e e 17 cards and non-REAL-ID-compliant identification cards issued by e e n d 18 the motor vehicle division of the taxation and revenue = = l ] 19 department for all purposes for which it accepts REAL-ID-REAL-ID-compliant a l r i 20 compliant driver's licenses and identification cards issued by t e a t the division;

and m m 21 e d r e 22 BE IT FURTHER RESOLVED that the house of representatives c e r c 23 request that no one acting on behalf of the state or its e a n b 24 political subdivisions voluntarily use the federal e-verify u [ system to investigate or determine the work eligibility of .209972.1 - 4 - applicants for employment unless required by law for the purposes of administering a federal benefit or program;

and BE IT FURTHER RESOLVED that the house of representatives continue to promote, enforce and defend policies and procedures that protect the human and civil rights of all residents and that ensure adherence to the nondiscrimination HM 54 Page 4 principles;

-HM 554 -Page 125 146 168 e25 e 17 e e n d 18 = = l ] 19 a l r i 20 t e a t m m 21 e d r e 22 c e r c 23 e a n b 24 u [ .209972.1