New Mexican law allows non-citizens to serve as police

 May 11, 2025

A new law in New Mexico allows foreign nationals with federal work permits to join the police force, aiming to address a significant shortage of officers and a rise in crime.

Senate Bill 364, signed into law by Gov. Michelle Lujan Grisham on April 7, permits non-citizens with federal work permits to become police officers and has set off debate across the state, the Daily Caller reported.

The law, backed by Democrats, comes in response to New Mexico's critical need for law enforcement personnel and aims to provide a solution to the state's alarming crime rates and unsolved cases.

The recent legislation aligns with a broader trend seen across states like California, Illinois, and Colorado. This move is part of efforts to bolster police departments facing depleted numbers due to several factors, including the post-George Floyd riots which fueled anti-police sentiments. According to Las Cruces Police Chief Jeremy Story, the environment around policing has drastically changed since 2020, leading to a drop in applications for the force.

High Violent Crime Rates Spark Action

New Mexico faces the highest rate of violent crimes in the U.S., coupled with a low rate of case resolution. This poses a compelling challenge for law enforcement agencies struggling to manage increasing crime levels. To elevate staffing within its police forces, the state government has taken the proactive step of opening the candidate pool to foreign nationals already participating in the workforce under federal auspices.

The approval of more than two million work permits by the Biden administration last year sets the stage for this potential influx of new police recruits. Many of these permits were issued through parole programs, some of which have been surrounded by controversy.

Critics of the law express skepticism over the ability to conduct thorough background checks on non-citizen applicants. FAIR spokesman Ira Mehlman pointed out potential risks: "It is illogical to place people who are violating our laws in a position of enforcing laws against others." Mehlman further argued that New Mexico's crime challenges cannot be pinned on a lack of non-citizen officers but on broader issues like lax enforcement and unaddressed societal concerns.

Diverse Opinions on Law Enforcement Strategy

While opposition groups worry about the implications of non-citizens in policing roles, proponents argue that the legislation could attract diverse talent previously excluded from such roles. State Sen. Cindy Nava highlighted the need for action: "With fewer recruits entering the profession and more officers retiring or leaving for other opportunities," she said, "law enforcement agencies have struggled to maintain adequate staffing levels."

For those like Chief Story, the emphasis is on practical outcomes, with ongoing policing efforts hindered by insufficient resources. "They can’t take the time to do traffic enforcement, go around and look for crimes to occur or try to prevent crimes, that needs to happen," he stressed.

Despite concerns about the law’s implementation and impact, the goal remains clear: enhance public safety by reinforcing police ranks. Policymakers argue that incorporating non-citizens could provide necessary manpower to focus on crime prevention, traffic enforcement, and special crime units.

Focus on Long-term Safety Solutions

This legislative route is not without precedent, as similar measures have been adopted by other states in recent years. Yet, the experiment in New Mexico seeks to address an immediate crisis while also examining longer-term approaches to public safety.

Opponents remain cautious, however, citing "lax enforcement policies and unaddressed social issues" as enduring problems that no single legislative action can entirely solve. As Governor Grisham’s controversial 2023 executive order indicates, seeking new solutions often involves bold and sometimes contentious measures.

As New Mexico moves forward, the effectiveness of Senate Bill 364 in curbing crime will be scrutinized. The general consensus among various stakeholders is that this is a necessary conversation, part of a broader dialogue on how to modernize and adapt public safety to contemporary societal needs.

With its eyes on future safety, New Mexico continues to navigate these legal and practical complexities, testing what it means to serve and protect in a rapidly changing social landscape.