SB364 amends New Mexico law to expand eligibility for law-enforcement-officer appointments to noncitizens. The bill allows DACA recipients and non-citizens authorized to work by U.S. Citizenship and Immigration Services to serve as law enforcement officers in New Mexico.

The New Mexico Senate passed SB364 on March 13, 2025 by a vote of 26 to 12. We have assigned pluses to the nays because this legislation undermines public safety and national security by expanding law-enforcement eligibility to noncitizens. While the 10th Amendment reserves to the states the authority to regulate law enforcement qualifications, this power should be exercised in a manner that upholds the integrity of law enforcement. Allowing noncitizens to exercise police power and authority over citizens as law-enforcement officers undermines public trust in law enforcement and raises concerns about allegiance and accountability.