The Journey to Ending Qualified Immunity in New Mexico

Our weekly Zoom meetings became a staple of our campaign, a place where strategy was refined, and plans were set in motion. We mapped out our grassroots campaign, our lobbying plan, and we began identifying which legislators might be with us, who could be persuaded, and who we expected to oppose us outright. It was clear that we needed to be meticulous, patient, and prepared for anything.

As we engaged with our own criminal justice reform champions in the legislature, we started to get a sense of where they stood on the issue. It was then that Brenda Boatman, Barron Jones, and Brian Egolf initiated the push for an exploratory committee to study the implications of ending qualified immunity in New Mexico. This committee was crucial; it would provide the evidence needed to persuade lawmakers that ending qualified immunity was not only necessary but also just.

To our relief, the committee recommended that the legislature should indeed end qualified immunity. This was a significant victory, but we knew it was just the beginning. We gathered all our coalition partners to discuss the drafting of the bill. Our strategy was bold: we decided to go for a full end to qualified immunity for all government actors. We anticipated that we might not get everything we wanted, but we knew this approach would give us the best chance of getting significant provisions passed.

With the bill drafted, we shifted focus to our campaign strategy. We planned a statewide grassroots initiative, including marketing to raise awareness, creating digital toolkits, press releases, and organizing events. Everything was set to launch, and we were ready to hit the ground running.

But then, the unexpected happened—COVID-19 hit, and New Mexico entered some of the strictest lockdowns in the country. Our entire campaign strategy had to be reimagined. The campaign would now need to be entirely digital. This was a space where I felt most comfortable. We pivoted quickly, creating campaign graphics, drafting social media posts, and planning virtual events to maintain momentum.

We collected powerful testimonial videos from individuals who had their constitutional rights violated only to have their cases dismissed under qualified immunity. These stories became the heart of our campaign, presented in both short and long-form video content, and shared widely across the state as part of our education campaign.

Our grassroots army sprang into action, sending over 75,000 text messages encouraging people to sign our petition to end qualified immunity. We launched targeted ads featuring our testimonial videos, drove over 4,000 petition signatures, and made over 120,000 phone calls to connect constituents directly with their legislators. The calls to the Capitol began pouring in, and we started gaining serious attention.

As support grew, so did the interest from legislators—both for and against the bill. Volunteers flocked to our cause, and new coalition partners lined up to join us. Press releases were issued, and op-eds published, spreading our message even further.

In the lead-up to the legislative session, we held a high-profile press conference featuring Ben Cohen from Ben & Jerry’s Ice Cream, who publicly supported the bill. With media outlets from across the country covering our efforts, it was clear that New Mexico was on the brink of making history.

When the legislative session began, the real battle started. Public testimonies were delivered, lobbying efforts intensified, and amendments to the bill were proposed. To our surprise, the only significant carve-out requested was by the union, seeking to exclude judges from the bill. We made the compromise, and remarkably, we were able to keep everything else intact.

After an intense and grueling 60-day session, the New Mexico Civil Rights Act passed, effectively ending qualified immunity in our state. It was a landmark achievement—New Mexico became only the second state in the country to pass such a wide-reaching bill.

Looking back, the journey was as challenging as it was rewarding. It was a testament to what can be achieved when a dedicated group of individuals, united by a common goal, refuses to back down in the face of adversity. The end of qualified immunity in New Mexico is more than just a legislative victory; it’s a profound step toward justice and accountability, setting a precedent for other states to follow.