By Jonathan Ellett
FAIR
The New Mexico State Legislature recently passed a bill that would allow illegal aliens to become law enforcement officers. The bill, which passed the day before the legislature adjourned, now heads to Governor Michelle Lujan Grisham for her signature.
Currently, New Mexico law provides that only U.S. citizens are eligible for appointment as police or peace officers. However, Senate Bill (SB) 364 expands the eligibility to all aliens who have been authorized to work in the U.S., including illegal aliens.
Sponsors of the legislation have misrepresented the scope of their legislation. One cosponsor, Senator Cindy Nava (D-Bernalillo), said that the bill, if enacted, “would allow legal permanent residents [LPRs] and beneficiaries of the Deferred Action for Childhood Arrivals [DACA] program to become police officers, if they meet all the standards and qualifications.”
While that is true, DACA recipients are, by definition, illegal aliens. Moreover, the bill allows multiple other categories of illegal aliens to become police officers. In 2024, the U.S. gave work permits to over 2 million illegal aliens. Some of these were illegal aliens who were paroled into the U.S., illegal aliens who claimed asylum, illegal aliens who obtained Temporary Protected Status (TPS), illegal aliens who received Deferred Enforced Departure, and even illegal aliens who had deportation orders. All these aliens, assuming they meet the other requirements, will be able to become police officers under the new legislation passed in New Mexico.
Operationally, allowing illegal aliens to become police officers is fraught with legal obstacles. Under federal law, illegal aliens are barred from possessing firearms, which are obviously essential to serving as a police officer.
Furthermore, to carry out their duties, officers must take an oath of office that requires them to enforce the law and protect the constitutional rights of all in their community. Illegal aliens cannot in good faith take this oath of office because they live in the United States in violation of the law.
Even if illegal aliens were otherwise law-abiding, their illegal status will question their legitimacy in the eyes of the public. As police officers, illegal aliens would have the authority to arrest and detain United States citizens – an untenable proposition in a society governed by the rule of law. The public must be confident that the officers who are sworn to protect them and uphold the law are upstanding citizens in the community.
Additionally, there are significant fiscal costs associated with allowing illegal aliens to become law enforcement officers. New Mexico’s Department of Public Safety noted that SB 364 would result in increased expenditures, including for recruitment, conducting background checks, and ensuring compliance with federal laws. The Department estimates that these costs will be “approximately $500,000 per year,” not to mention the administrative burden of tracking each alien’s work authorization date.
SB 364 moved quickly through the legislature. It passed in the Senate on March 13 by a vote of 26-12. On March 21, the day before the legislature adjourned, SB 364 passed the House by a vote of 38-20. Six representatives were excused from the vote and six were absent.
An amendment to SB 364, proposed by Senator Ant Thornton (R-Sandia Park), would have limited the expansion of employment eligibility to only include lawful permanent residents, but the amendment failed to garner the necessary support. Proponents of SB 364 claimed the amendment would unfairly exclude DACA recipients from applying for law enforcement positions.
Still, proponents claim that the bill’s passage would aid in curing staffing shortages in law enforcement by expanding the number of eligible applicants for these positions. Additionally, supporters argue that having illegal aliens as police officers will bridge language and cultural barriers across communities, particularly in New Mexico, where 9.2% of residents are foreign-born and 31.6% of households speak a language other than English.
Some supporters of SB 364 aren’t even from New Mexico. One proponent was Police Chief Geoffery Farr from the Blue Island Police Department, which is a suburb of Chicago. Testifying before the House Judiciary Committee, Chief Farr said that DACA police officers in his county “played a vital role in the success of our police department. I highly encourage you to pass this law.” Illinois enacted a similar law back in 2023.
Governor Grisham has until April 11 to decide the bill’s fate. If she signs it into law, New Mexico will join other open-border states like California, Colorado, and Illinois that already have laws permitting illegal aliens to work in law enforcement.
