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New Mexico cities must abandon their efforts to punish homelessness

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New Mexico cities must abandon their efforts to punish homelessness


Over the years, we’ve seen every manner of anti-panhandling law introduced, passed, revoked, and re-introduced in cities across New Mexico. Many of the laws that have come and gone were repealed because they were unconstitutional. But it hasn’t stopped cities from trying again and again to push unhoused people out of sight through the threat of arrest; city officials invariably tinker with the language and see if it passes muster.  

Right now, we’re seeing a new wave of these efforts, all under the auspices of public safety. The Santa Fe City Council is expected to soon vote on a bill that would make it illegal for people to sit or stand on a median that is less than 36 inches. It mirrors similar bans implemented in Albuquerque in 2023 and in Espanola in 2022. Last month, Alamogordo passed a bill that punishes people with up to $500 in fines and 90 days in jail for soliciting or giving donations from a median. At a recent Las Cruces City Council meeting, there were talks of introducing a new bill to curb panhandling, and Governor Lujan Grisham has doubled down on her efforts to pass a statewide ban.

As these bills catch fire in New Mexico, it begs the question: What if our elected leaders used the same dedication and ingenuity to address the root causes of homelessness, instead of concocting new ways to punish people who are unhoused?

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When our cities respond to homelessness with police, unpayable fees, and jail time, it only entrenches homelessness. A person who asks for money because they are too poor to afford a meal or a night in a hotel cannot afford to pay hundreds of dollars in fines. Any time spent behind bars for their inability to pay exorbitant fees only compounds their hardships. That’s because the stigma of jail time and criminal records make it all but impossible to obtain employment or housing. It’s clear to see that criminal legal system involvement and homelessness are part of a vicious feedback loop.

The National Prison Policy Alliance found that people who have been to prison one time experience homelessness at a rate nearly seven times higher than the general public. People incarcerated more than once are 13 times more likely than the rest of the population to experience homelessness. 

To truly address homelessness, New Mexico’s elected leaders must confront the decades of policy failures that have led to a lack of safe and affordable housing, access to mental and physical healthcare, substance use treatment and other essential wrap-around services. While we’ve made big strides in these areas, we should not undo that progress by coupling real solutions with failed policies.

The difficult reality is that many New Mexicans – and families across the country – are just one bad circumstance away from finding themselves in a similar position to the people they drive past, holding up a sign for help. Housing and food costs in the last few years have skyrocketed, and wages have not kept pace. Our state is also grappling with an enormous housing shortage. These factors contributed to a 48% increase in homelessness from 2022-23. 

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Addressing a collective failure to adequately invest in our communities is in everyone’s best interest. It will take time, but unlike laws that respond with punishment, doing so will pay off in the long run.

The question is: Will our elected leaders continue with the status quo, or will they show the courage, humanity, and fortitude to forge a different path? New Mexicans deserve elected leaders who will do the latter. 

Nayomi Valdez is the public policy director at ACLU-NM and Monet Silva is executive director at New Mexico Coalition to End Homelessness



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New Mexico

Judge finds police acted reasonably in shooting New Mexico man while at wrong address

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Judge finds police acted reasonably in shooting New Mexico man while at wrong address


SANTA FE, N.M. — A federal judge has dismissed part of a lawsuit that accused police of violating constitutional protections when they fatally shot a man after showing up at the wrong address in response to a domestic violence call.

The shooting of Robert Dotson, 52, in the northwestern New Mexico city of Farmington prompted a civil lawsuit by his family members, though public prosecutors found there was no basis to pursue criminal charges against officers after a review of events. The suit alleged that the family was deprived of its civil rights and officers acted unreasonably.

Hearing a knock at the door late on April 5, 2023, Dotson put on a robe, went downstairs and grabbed a handgun before answering. Police outside shined a flashlight as Dotson appeared and raised the firearm before three police officers opened fire, killing him. Dotson did not shoot.

“Ultimately, given the significant threat Dotson posed when he pointed his firearm at officers … the immediacy of that threat, the proximity between Dotson and the defendant officers, and considering that the events unfolded in only a few seconds, the court finds that the defendant officers reasonably applied deadly force,” U.S. District Court Judge Matthew Garcia said in a written court opinion.

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The judge also said the officers were entitled under the circumstances to qualified immunity — special legal protections that prevent people from suing over claims that police or government workers violated their constitutional rights.

The opinion was published May 15 — the same day the U.S. Supreme Court ruled unanimously in a separate case that courts should weigh the totality of circumstances and not just a “moment of threat” when judging challenges to police shootings under the Fourth Amendment.

Tom Clark, one of the Dotson family’s attorneys, said the lawsuit against Farmington police will move forward on other claims under tort law and provisions of the New Mexico Civil Rights Act, which limits immunity for police and other government agencies.

Defense attorneys said in court filings that the officers acted reasonably under “the totality of circumstances,” noting that they repeatedly knocked and announced that police had arrived and saying Dotson “posed an imminent threat of death or great bodily harm to police.”

Philip Stinson, a professor of criminal justice at Bowling Green State University in Ohio, said Tuesday that court evaluations of police immunity in shootings “sometimes lead to results that end up leaving you scratching your head.”

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“Here the court is saying the police made a mistake — but in that moment they were confronted with a decision to use deadly force,” he said. “I don’t think this is the last word in this case.”

Lawyers for Dotson’s family emphasized that police were at the wrong address and that he was likely blinded by the flashlight with little inkling that police were there. They said officers did not give him sufficient time to comply with commands as an officer shouted, “Hey, hands up.”

According to the lawsuit, Dotson’s wife, wearing only a robe, came downstairs after hearing the shots and found her husband lying in the doorway. She fired outside, not knowing who was out there. Police fired 19 rounds but missed her.



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New Mexico

New high school graduation requirements go into effect this fall

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New high school graduation requirements go into effect this fall


New Mexico state leaders know the best way to get more kids to graduate is to get more of them to go to school every day, and that means giving students a reason to show up.

ALBUQUERQUE, N.M. – New Mexico state leaders know the best way to get more kids to graduate is to get more of them to go to school every day, and that means giving students a reason to show up.

State lawmakers are hoping to do just that with a new, modernized set of high school graduation requirements focused on teaching kids the skills they need to thrive in the real world.

“I think it could have a huge impact, and I hope that it will,” said Albuquerque Public Schools Superintendent Dr. Gabriella Blakey.

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Blakey says the state’s new high school graduation requirements are not a one-size-fits all approach, and that’s the point.

“It’s really connecting students to like why they go to school, and really finding what their own passions and interests are, and not making every student’s career path in high school look the same,” said Blakey.

Students will still be required to earn 24 total credits, including four units of English, and four units of math. Although, Algebra 2 will no longer be required to graduate.

“We have opened up opportunities for students to make wise choices about their career and make wise choices about their interests and strengths in order to support a really strong mathematics pathway through their four years of high school,” said Amanda Debell, deputy secretary of the Public Education Department. 

Students will still need three units of science, and four units of social studies, which must include some type of financial literacy coursework.

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“So students are learning when it’s appropriate time about money and their financial lives, post and during high school, because many of them are earning money now,” said Debell. 

There are still PE and health class requirements, but the biggest change is coming to the electives. Individual school districts will get to decide on two credit requirements for their students based on local input.

“For example, we see districts offering more agricultural type electives because they are in an agricultural area, or we see additional language courses being added as a requirement,” Debell said.

Giving New Mexico’s students more power over their future.

“By being able to open up these credits in this way, we’re really able to tailor a more personalized environment for our students. And our students really tell us that that’s what they want,” said Blakey.

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The incoming freshman class, the Class of 2029, will be the first class to graduate under these new requirements.

PED leaders say districts will have to decide on those extra two credits in the next few weeks.



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New Mexico

Magdalena Ranger District to Implement Stage 1 Fire Restrictions

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Magdalena Ranger District to Implement Stage 1 Fire Restrictions


ALBUQUERQUE, NM – May 19, 2025 – The Cibola National Forest and National Grasslands will implement Stage 1 Fire Restrictions on all National Forest System (NFS) lands in the Magdalena Ranger District as described per order 03-03-03-25-08 and as shown on the attached map.

This Order shall be in effect from Thursday May 22, 2025 at 8:00 AM through Thursday July 31, 2025 at 2359, unless rescinded.

The purpose of this Order for Stage 1 Fire Restrictions is to reduce the risk of human-caused wildfires during periods of high fire danger and severe fire weather conditions.

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Stage 1 fire restrictions mean fires, campfires, charcoal grills, and coal and wood stoves are allowed only in developed campsites where agency-built fire rings or grills are provided for use on the Magdalena Ranger District.

Campfires are prohibited at all dispersed camping sites on the Magdalena Ranger District per this order. Stoves, lanterns or heaters fueled by propane or other liquefied petroleum fuels may be used district-wide in areas cleared of flammable materials within three feet of the device, if they meet manufacturer’s safety specifications and have on/off switches. Smoking is allowed only in enclosed vehicles or buildings and developed recreation sites. Chainsaw use is permitted.

Official Order 03-03-03-25-08 is posted on Cibola National Forest and National Grasslands Alerts & Notices

National Interagency Fire Center (NIFC): Southwest Fire Restriction Map

All fire information and updates will be posted on the  Cibola NF & NGs website, New Mexico Fire Information website, and the Cibola NF & NGs Facebook  & X pages.

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Further information regarding this Order may be obtained at the Magdalena Ranger District located in Magdalena, New Mexico, telephone number (575)854-2281, and at the Cibola National Forest Supervisor’s Office in Albuquerque, New Mexico, telephone number (505) 346-3900.

Magdalena Ranger District Stage 1 Fire Restriction Map – 2025 (Order 03-03-03-25-08)



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