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 Many of the laws that have come and gone were repealed because they were unconstitutional.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?

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. 

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