Prohibit Use of City Property for Civil Immigration Enforcement Staging and Processing (Bill)

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CITY OF SANTA FE, NEW MEXICO1
BILL NO. 2026-162
INTRODUCED BY:3
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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

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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

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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

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(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

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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

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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

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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

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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

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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
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PASSED, APPROVED, and ADOPTED this ______day of ___________, 2026.14
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MICHAEL J. GARCIA, MAYOR19
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ATTEST:1
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GERALYN F. CARDENAS, CITY CLERK4
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APPROVED AS TO FORM:8
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MARCOS D. MARTÍNEZ, CITY ATTORNEY11
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Legislation/2026/Bill/Prohibit Use of City Property for Civil Immigration Enforcement25Marcos D. Martínez (Sep 4, 2026 15:39:09 MDT)
Marcos D. Martínez