State
of New Mexico
Office of the Governor
Susana Martinez
Governor
Contact:
Scott Darnell
(505)
819-1398
scott.darnell@state.nm.us
For Immediate Release January 31, 2011
GOVERNOR SUSANA MARTINEZ RESCINDS NEW
MEXICO
SANCTUARY STATUS
SANTA FE – 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 supersede it;
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 enforcement authorities.
THIS ORDER supersedes any other
previous orders, proclamations, or directives to the extent they are in conflict. This
Executive Order shall take effect immediately.
ATTEST
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.