The Immigrant Safety Act prohibits public bodies in New Mexico from entering into agreements that would allow for the detention of individuals for federal civil immigration violations. This includes not only new agreements but also the termination of any existing agreements related to such detentions. Public bodies are also barred from using public property for the purpose of detaining individuals for immigration violations and from imposing any laws or regulations that conflict with the provisions of the Act. However, the Act clarifies that it does not limit law enforcement's ability to detain individuals or conduct brief investigative stops as permitted by state law.
Additionally, the Act prohibits public bodies from entering into agreements that would deputize their officers, employees, or agents to perform functions of immigration officers, such as investigating or transporting individuals under federal immigration laws. Existing agreements of this nature must also be terminated upon the Act's effective date. Enforcement of the Act can be initiated by the attorney general or district attorney through civil action in district court, allowing for appropriate relief, including injunctive measures, but not monetary damages. The Act includes a severability clause to ensure that if any part is deemed invalid, the remainder will still be enforceable.