Regular Governing Body Meeting - Second Wednesday — Wed, Sep 9, 2026 · 16.c CONSIDERATION OF BILL NO. 2026-16. ADOPTION OF ORDINANCE NO. 2026-__. (Mayor Michael Garcia, Councilor Paul Bustamante, Councilor Alma Castro, Councilor Elizabeth Barrett, Councilor Pilar Faulkner) A Bill Prohibiting and Regulating the Use of City Property for Immigration Enforcement Purposes and Requiring Notification of Immigration Enforcement and I-9 Audits. (Sam Burnett, Public Works Director; jsburnett@santafenm.gov) Committee Review: Governing Body (Introduction): 09/09/2026 Immigration Committee: 09/14/2026 (Waiver of Procedural Rule IV (B)) Public Works and Utilities Committee: 09/21/2026 Quality of Life Committee: 09/23/2026 Finance Committee: 09/29/2026 Governing Body (Public Hearing): 09/30/2026 (Waiver of Procedural Rule IV(C)(2))
10779.0 1 CITY OF SANTA FE, NEW MEXICO1 BILL NO. 2026-162 INTRODUCED BY:3 4 Mayor Michael Garcia5 Councilor Paul Bustamante6 Councilor Alma Castro7 Councilor Elizabeth Barrett8 Councilor Pilar Faulkner9 A BILL10 PROHIBITING AND REGULATING THE USE OF CITY PROPERTY FOR11 IMMIGRATION ENFORCEMENT PURPOSES AND REQUIRING NOTIFICATION OF12 IMMIGRATION ENFORCEMENT AND I-9 AUDITS.13 BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF SANTA FE:14 Section 1. [NEW MATERIAL] A new Section 20-6.1 of SFCC 1987 is hereby15 ordained to read:16 20-6.1 Short Title.17 This section may be cited as the “Community Refuge Ordinance.”18 Section 2. [NEW MATERIAL] A new Section 20-6.2 of SFCC 1987 is hereby ordained19 to read:20 20-6.2 Legislative findings.21 The governing body of the City of Santa Fe finds that:22 A. The City of Santa Fe is committed to welcoming and encouraging immigrants to live,23 work, and study in Santa Fe and to participate in community affairs, as evidenced in24 the city’s Charter in Articles 2.02 and 2.04;25 underscored material = new [bracketed material] = delete 10779.0 2 B. Immigration enforcement activity has historically undermined community trust,1 spread fear, and created barriers impeding residents from accessing essential city2 services;3 C. The use of city property for immigration enforcement is inconsistent with the city’s4 support of immigrant communities and its residents, interferes with the city’s5 authority over its own resources, property and personnel, and infringes on the city’s6 exercise of home rule authority to safeguard its residents’ health, welfare, and safety;7 D. Allowing the use of city property for immigration enforcement erodes trust between8 residents and law enforcement, weakening the relationships that are essential to9 ensuring public safety and effective community policing, and is against city policy,10 as established in Resolution No. 1999-06 and Santa Fe Police Department rules.11 Section 3. [NEW MATERIAL] A new Section 20-6.3 of SFCC 1987 is hereby ordained12 to read:13 20-6.3 Authority of the City of Santa Fe.14 The Community Refuge Ordinance is adopted pursuant to the general welfare and police powers15 conferred upon the City of Santa Fe by NMSA 1978 Section 3-17-1 et seq. and Section 3-18-1(C)16 & (F), pursuant to the powers conferred upon the City of Santa Fe by the New Mexico Constitution,17 Article X §§ 6(D) and 6(E) and the NMSA 1978 Municipal Charter Act Section 3-15-1 et seq.,18 which have been exercised by the city’s adoption of its “Santa Fe Municipal Charter”.19 Section 4. [NEW MATERIAL] A new Section 20-6.4 of SFCC 1987 is hereby20 ordained to read:21 20-6.4 Purpose.22 The purpose of this ordinance is for the City of Santa Fe to manage its property in accordance with23 the city’s Charter.24 Section 5. [NEW MATERIAL] A new Section 20-6.5 of SFCC 1987 is hereby25 10779.0 3 ordained to read:1 20-6.5 Definitions.2 For the purpose of this section, the following definitions shall apply:3 Affected Employee is an employee identified by the immigration agency to be an individual4 who may lack work authorization, or an individual whose work authorization documents5 have been identified by the immigration agency inspection to have deficiencies.6 Employee’s Authorized Representative is an exclusive collective bargaining representative.7 Nonpublic forum is public property that is not designated or traditionally considered an8 arena for public communication. In the context of this ordinance, it is a “community9 refuge.”10 Public Forum is public property where people traditionally gather to express ideas and11 exchange views.12 Staging refers to the use of city property to assemble, mobilize, and deploy vehicles,13 equipment, or materials, and related personnel, for the purpose of carrying out immigration14 enforcement.15 Section 6. [NEW MATERIAL] A new Section 20-6.6 of SFCC 1987 is hereby16 ordained to read:17 20-6.6 Community Refuges.18 A. Community Refuges19 (1) Under the city’s authority to ensure its inhabitants may access the resources20 and spaces necessary to promote their health, safety, and welfare in a manner21 free from discrimination, the city shall designate at least the following city-22 owned or operated facilities as Community Refuges:23 (a) Places where children routinely gather such as city-owned parks, teen24 centers, and recreation complexes;25 10779.0 4 (b) City-designated disaster and emergency response sites;1 (c) Community resource centers and direct service providers, including city-2 owned homeless shelters, sexual and domestic violence providers; work3 zones and construction sites on city property and within city rights of way;4 (d) Municipal courthouses and judicial facilities;5 (e) Municipal libraries, community centers, and cultural centers;6 (f) Public transportation facilities, transit, and transit centers;7 (g) Any location where city services are delivered to the public; or8 (h) Other similar locations, as determined by the city.9 B. Entry into a Community Refuge10 (1) The city shall develop the necessary policies to prohibit a Community11 Refuge from providing voluntary consent to law enforcement agents12 engaged in or supporting immigration enforcement from entering13 nonpublic, city-owned, property;14 (2) This section does not prevent a Community Refuge from complying with15 a valid judicial warrant authorizing a search of the nonpublic area;16 (3) The city shall develop and implement a policy to ensure staff training and17 the posting of clear signage marking nonpublic spaces within city18 buildings and city funded facilities.19 Section 7. [NEW MATERIAL] A new Section 20-6.7 of SFCC 1987 is hereby ordained20 to read:21 20-6.7 Implementation22 A. No city-owned and operated structure or venue, including but not limited to parking23 lots, vacant lots, garages, parks, or similar structures or venues, shall be used for24 immigration enforcement purposes, including as a staging area, processing location,25 10779.0 5 or operations base.1 (1) City departments shall collaborate to identify city-owned and controlled2 structures or venues, including but not limited to parking lots, vacant lots,3 garages, parks, and similar structures or venues that either have been used,4 or are likely to be used in the future, as a staging area, processing location,5 or operations base for the purpose of immigration enforcement. Where6 appropriate, city departments shall ensure that all such properties have clear7 signage stating:8 This property is owned and controlled by the City of Santa Fe9 It may not be used for immigration enforcement as a10 Staging Area, Processing Location, or Operations Base,11 Pursuant to Ordinance No.___.12 B. City departments shall, whenever appropriate and consistent with this section,13 secure access to city-owned or city-controlled structures or venues, including but14 not limited to parking lots, vacant lots, garages, or parks by means including, but15 not limited to, locked gates or barriers.16 C. City departments shall develop the procedures necessary to implement this17 section. These implementing procedures shall provide that any city employee who18 becomes aware of the attempted or actual use of a city-owned or city-controlled19 parking lot, vacant lot, garage, or park as a staging area, processing location, or20 operations base for immigration enforcement shall immediately report to their21 supervisor, who will communicate with the mayor, city attorney and city manager.22 Section 8. [NEW MATERIAL] A new Section 20-6.8 of SFCC 1987 is hereby ordained23 to read:24 20-6.8 Notification of I-9 Inspection and Immigration Enforcement and Penalties for Lack of25 10779.0 6 Notification1 D. Worker Notification of I-9 Inspection.2 (1) An employer shall provide written notice to all current employees of an3 inspection by an immigration agency of I-9 Employment Eligibility4 Verification forms or other employment records, except as otherwise5 required by federal law.6 (2) An employer must provide this notice no later than twenty-four (24) hours7 after receiving a notice of inspection by an immigration agency by posting a8 notice in a conspicuous and accessible location at the place of employment9 and by making reasonable attempts to individually distribute notification to10 employees in the language the employer normally uses to communicate11 employment-related information to the employee.12 (3) The notice to employees shall include:13 (a) The name of the immigration agency conducting the inspection;14 (b) The date the employer received the notice of inspection;15 (c) A link to the city website that provides information provided by16 community organizations related to immigrant and refugee17 rights or workers’ rights;18 (d) A copy of the notice of inspection.19 (4) Such written notice shall also be given within twenty-four (24) hours to the20 employee’s authorized representative, if any;21 (5) The city shall make a template notice available on the city website so that it22 is accessible to any employer.23 E. Notice After I-9 Inspection.24 (1) Except as otherwise required by federal law, if during an inspection of the25 10779.0 7 employer’s I-9 Employment Eligibility Verification forms by a federal1 government agency, the agency makes a determination that an employee’s2 work authorization documents do not establish that the employee is3 authorized to work in the United States and provides the employer with4 notice of its determination, the employer shall provide written notice to5 each affected employee, and to their authorized representative, if any,6 within twenty-four (24) hours. The notice of determination shall contain7 the following:8 (a) A description of any and all deficiencies or other terms identified9 in the written immigration inspection notice related to the10 affected employee;11 (b) The time and date of any meeting with the employer and12 employee to correct any identified deficiencies;13 (c) A reminder that the employee has the right to representation14 during any meeting scheduled with the employer.15 (2) The employer shall send the city manager a copy of the notice sent to the16 employees when it notifies its employees of the determination.17 (3) The notice of determination shall relate to the affected employee only and18 shall be delivered as soon as possible to the affected employee and the19 employee’s authorized representative, whether that be by text message,20 email, or by hand at the workplace.21 F. Notifying Workers of Immigration Enforcement.22 (1) If a law enforcement agent engaging in or supporting immigration23 enforcement, including serving a subpoena or warrant, is present at a place24 of work, the business shall provide notice to all current employees,25 10779.0 8 contractors, and others performing work for the employer for1 renumeration. The business must provide this notice within twenty-four2 (24) hours of a law enforcement agent engaging in or supporting3 immigration enforcement at a place of work. The notice to employees,4 contractors, and other performing work for the employer for renumeration5 shall include:6 (a) The name of the agency;7 (b) The date the law enforcement agent was present at the place of8 work;9 (c) The nature of the law enforcement agent’s actions.10 (2) These notices shall be provided by the business in the language normally11 used by the employer to communicate work-related information to12 employees, contractors, or others performing work for the employer for13 renumeration, and may be provided by electronic means such as email.14 (3) If the law enforcement agency is seeking a particular individual but was15 unsuccessful in apprehending that individual at the place of work, the16 employer shall:17 (a) Notify all employees, contractors, and others performing work for18 the employer for renumeration that such enforcement activity took19 place without identifying the individual by name;20 (b) Notify the specific individual that was sought that the enforcement21 activity was directed at them;22 (4) The city shall make a template notice available on the city website so that23 it is accessible to any employer.24 G. Complaints. If an employer fails to provide notice under this section, an employee,25 10779.0 9 their family member, or domestic partner may submit a written complaint to the City1 Manager summarizing the facts of the failure to notify an employee of a violation of2 this section. The city manager may request additional information from the3 complainant. The city manager shall also request a response to the complaint from the4 employer. Should the city manager find probable cause of a violation of this section,5 the city manager may recommend that the employer’s business license be suspended.6 H. Penalty. The Finance Committee may suspend the business license of an employer7 found to be in violation of this section, at the recommendation of the city manager.8 The City shall follow the procedures in SFCC Sections 18-1.6 through 18-1.9 for any9 license revoked under this section.10 11 12 13 PASSED, APPROVED, and ADOPTED this ______day of ___________, 2026.14 15 16 17 ____________________________18 MICHAEL J. GARCIA, MAYOR19 20 21 22 23 24 25 10779.0 10 ATTEST:1 2 _____________________________________3 GERALYN F. CARDENAS, CITY CLERK4 5 6 7 APPROVED AS TO FORM:8 9 ______________________________________10 MARCOS D. MARTÍNEZ, CITY ATTORNEY11 12 13 14 15 16 17 18 19 20 21 22 23 24 Legislation/2026/Bill/Prohibit Use of City Property for Civil Immigration Enforcement25Marcos D. Martínez (Sep 4, 2026 15:39:09 MDT) Marcos D. Martínez