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Yahoo
6 days ago
- Business
- Yahoo
Confusion reigns in New Mexico's militarized border zone
A cattleguard leading into the new military base along the New Mexico border with Mexico. On the right is a sign warning in English and Spanish: 'Restricted Area: This Department of Defense Property has been declared a restricted area by authority of the commander.' (Photo by Patrick Lohmann / Source NM) Late last week, acting United States Attorney for New Mexico Ryan Ellison dismissed misdemeanor charges his office had previously brought against at least three people accused of illegally entering a newly created military zone across New Mexico's southern border. Ellison explained the turnabout in a filing in which he said the arrested people had been found in an area his office thought was part of the new National Defense Area. It wasn't. As a result, three people arrested in recent weeks won't face newly created criminal charges for trespassing on a military base, punishable by up to a year in jail. The dropped charges point to the ongoing confusion the new 400-square-mile military zone has created across branches of government and the courts since the U.S. Interior Department transferred the land to the Army in April. 'It is concerning that even the Acting United States Attorney is confused by the boundaries of this new National Defense Area,' a spokesperson for U.S. Sen. Martin Heinrich (D-NM) said in an emailed statement Thursday after Source New Mexico alerted his office to the dismissals. Heinrich has criticized the new NDA and called on the Defense Department to explain what it means for recreators and others. On April 15, Defense Secretary Pete Hegseth and Interior Secretary Doug Burgum announced the transfer of land from the Bureau of Land Management to the military, effectively making the 180-mile border New Mexico shares with Mexico into an extended military base tied to Fort Huachuca in Arizona. Along with increasing Army patrols and empowering the 'military [to] take a more direct role in securing our southern border,' as President Donald Trump said, creating the zone also enabled federal prosecutors to impose misdemeanor charges on those caught in the new National Defense Area. Confusion about where that area falls exists not just among federal agencies tasked with enforcing the NDA, but also among residents who live, work and attend school along the border, including ranchers with BLM cattle leases and dual citizens who cross the border daily. Source NM spent the weekend in the area and talked with residents who described whiplash from a transfer, seemingly overnight, of federal public lands into an extended military base. The land includes parcels of private property surrounded by federal lands; the Diocese of El Paso, which owns nearby pilgrimage site Mount Cristo Rey; and the State of New Mexico, which has miles of trust land. The land also traverses the Continental Divide Trail, and hosts both hikers on multi-state sojourns and hunters hoping to nab a rare Mearns quail, among heartier fare that hide among the creosote dotting the borderlands separating New Mexico from Mexico. Recently, the Defense Department issued a statement telling hikers and hunters they were prohibited from entering the NDA. That incensed Angel Peña, director of Nuestra Tierra Conservation Project, a Las Cruces-based nonprofit that tries to help marginalized communities experience and conserve public lands. 'You're really now affecting livelihoods,' Peña told Source New Mexico during a drive Memorial Day Weekend along the northern edge of the NDA. 'You're affecting dinner on the table. You're affecting recreation. You're affecting the traditional uses of this land that help families make memories and tell stories and grow ever closer.' Between April 15 and May 29, the federal government charged more than 550 people with unauthorized entry into the new National Defense Area, according to a review of federal records. Federal prosecutors dropped charges for three of them based on the errant arrests dropped May 22, per Ellison's filings. According to court records, Ellison's office learned 'on or about May 15' that portions of the border area 'previously understood as encompassed' by the newly created New Mexico National Defense Area 'were not, in fact, transferred to the jurisdiction of the Army.' The dismissed cases come amid ongoing legal challenges, with federal public defenders contesting the charges on a variety of fronts. Two weeks ago, a federal judge dismissed more than 100 charges against the defendants, largely because he was not convinced those arrested knew they were entering a restricted area. The circumstances of the recent dismissals regarding errant arrests are not clear. AUSA spokesperson Tessa Duberry declined to comment on where the defendants were arrested, saying the office can't comment beyond what was filed publicly. She also declined to say how many total cases the office has dismissed on those grounds or would dismiss, saying compiling that information would impose a 'significant burden' on staff. Duberry referred comment about arrests to the Army, which told Source in a statement Friday morning that it would not speculate on charges that are awaiting adjudication,' said Joint Task Force Southern Border spokesperson Jordan Beagle. Beagle also noted that only the Border Patrol makes arrests, though the Army will temporarily detain people to hand over to the Border Patrol. 'The Joint Task Force Southern Border remains laser focused on our mission to achieve 100% operational control of the border, in this case maintaining security within the National Defense Areas,' he said, 'which includes detection, temporary detainment, and apprehension of those who trespass within the National Defense Areas.' The Border Patrol did not respond to a request for comment from Source on Thursday. According to court filings, two of the three people feds dropped charges againt were arrested April 26 about 'four miles east of the Santa Teresa Port of Entry.' Outside of the 60-foot buffer zone along the border, that's roughly a mile from Mount Cristo Rey and other privately owned land. Source's calls to the Diocese this week were not returned. The third arrest occurred April 27, according to court filings, 'about eight miles west of the Santa Teresa Port of Entry.' Federal judge dismisses trespass charges against migrants caught in NM military zone All three criminal complaints note, as part of the justification for charges, that signs were posted in English and Spanish that 'this is a restricted area and that unauthorized entry is prohibited.' The impact of those dismissals on prosecutors' cases remains unclear. Even though prosecutors dismissed the trio's charges for unauthorized NDA entry, each appears to still be held in detention on related misdemeanors, including charges like 'illegal entry by an alien' into the United States, 'illegal entry without inspection' or entering military property, according to court records. Amanda Skinner, assistant federal public defender, declined to comment on how many of her office's clients might have been affected by the dismissals, or whether she is expecting there to be any more. Heinrich, through his spokesperson, said he remains concerned about what the military takeover of the New Mexico border will mean for due process, for citizens and non-citizens alike. 'The Trump Administration is bypassing due process for individuals who either intentionally or unintentionally enter this newly restricted area, including U.S. citizens who may be stopped and detained by U.S. Army soldiers for trespassing on an unmarked military base,' his spokesperson said. One group affected by the NDA — ranchers — has apparently reached a slightly uneasy, informal arrangement with the Army, according to ranchers along the border and the New Mexico Cattlegrowers Association. In the last two weeks, Army and Border Patrol officials have collected the names, photographs, phone numbers, license plates and other details of ranchers who enter the NDA to round up their livestock or check on water tanks, ranchers told Source New Mexico. The collection is an effort, they said, to make sure the Army does not mistake ranchers, who often carry firearms, for those who might be trespassing on a military base. 'Everybody around here in this part of the country is armed,' said Nancy Clopton, a longtime Hachita rancher with 80 square miles of leased pasture in and around the NDA. 'I don't want to be drug out of my pickup and then, you know, 'Oh, she's armed.'' The agreement allows ranchers to drive along access roads and county roads criss-crossing the NDA. Each time, they drive over cattleguards with new signs on either side that begin with, in English and Spanish: 'Restricted Area: This Department of Defense Property has been declared a restricted area by authority of the commander.' About a dozen such signs are posted on cattleguards off Highway 9 between Sunland Park and Hachita, according to Source's count Sunday. Those are the same signs prosecutors use to justify criminal charges against the 550 defendants facing the unauthorized entry charges so far. In response to questions from Source, Luis Soriano, Heinrich's spokesperson, noted that Ellison and Hegseth have both publicly said there will be 'no exceptions' for criminal trespassing in the area, and so Heinrich doesn't consider an 'informal, handshake deal sufficient to ensure the safety' of ranchers, sportsmen, hikers or others. 'For decades, ranchers and hunters alike have been accustomed to carrying firearms on what were their public lands until the transfer to the Department of Defense on April 15th,' Soriano said in a statement. 'That history, combined with the complete lack of clarity from the Administration, is a recipe for a very dangerous situation for our local residents, Army soldiers and Border Patrol agents.' Beagle, with the Army, told Source in a statement to Friday that the army is continuing to work on a formal 'memorandum of understanding' with various groups to 'support the interests of the local community and the military mission within the New Mexico National Defense Area (NDA).' 'The MOU process for commercial and recreational activities, such as hunting, mining, and ranching, is complex,' he said 'and necessitates careful coordination with multiple organizations to ensure that proposed activities do not compromise public safety and border security operations.' Beagle also said the Army would release more information to the community as it becomes available. He also noted the land order that enabled the transfer was 'subject to valid existing rights,' so he said the private 'property owners' with land adjacent to the NDA would not be affected. But he did not immediately respond to a request for comment about how that applies to ranchers who lease, not own, land in the area. Bronson Corn, president of the NM Cattlegrowers Association, defended the arrangement in an interview with Source on Thursday. He disagrees with the idea that ranchers might be skirting the law, saying, albeit informal, the agreement allows ranchers to keep their cattle alive and maintain their leases with the BLM, while also allowing the Army to harden the border. 'They have not had any conflicts with the military when it comes to being able to continue on with their day-to-day operations,' he said. 'There is some concern, there's no doubt about it, that they can't get to certain areas of their ranch due to the fact of that militarized zone.' In addition to concerns about firearms, Clopton said she is concerned an influx of army personnel, potentially from out-of-state, won't be careful to close cattle gates behind them, which is a long-standing gripe she and other ranchers have with the Border Patrol. But she is withholding judgment, for now. 'We'll see how it works out,' she said. 'It depends on the individuals on the ground, those individual soldiers, how they treat us, how we see them. It's an experiment.' Did border patrol or military officials detain or question you inside or outside of the new National Defense area? Reach out to reporter Patrick Lohmann at PLohmann@ or securely via Signal at PLohmann.61.
Yahoo
14-05-2025
- Health
- Yahoo
New state study suggests homelessness far undercounted in New Mexico
A homeless encampment in Española pictured in April 2024. A new Department of Health study released Wednesday determined a vast undercount of the state's homeless population by examining nearly 10 million anonymized patient records. (Photo by Patrick Lohmann / Source NM) The number of people experiencing homelessness recently in New Mexico is two to four times higher than previous estimates, according to a new research paper from the state health department. In findings researchers announced Wednesday, nearly 31,000 unhoused people, including 869 children under age 5, sought care at non-federal hospitals in New Mexico between 2019 and 2013. Researchers arrived at that number by analyzing certain fields within 10 million patient visit records, searching for patient addresses being listed as known homeless shelters or simply 'homeless,' among other indicators. Quantifying the number of people who live on the streets in New Mexico is a 'pervasive' problem, the study notes. The annual 'point-in-time' count, which the federal Housing and Urban Development department requires for certain federal grants, is an undercount and can vary based on numerous factors. But it's still considered an official count, and can be useful to detect trends, including huge increases in homelessness observed in Albuquerque and throughout the rest of the state in the most recent report. Read the study here. In what they described as a novel approach to counting the state's unhoused population, New Mexico Department of Health researchers Hayley Peterson and Dylan Pell determined that 30,882 patients experiencing homelessness visit hospitals nearly 183,000 times between 2019 and 2023, or nearly six visits each. The number of unhoused patients was about 8,000 in 2019 and hit a peak of a little more than 10,500 in 2022. 'Public health approaches that address infectious disease, environmental health, drug overdose, suicide and injury should include strategies to support [people experiencing homelessness] and promote stable housing,' said Miranda Durham, Chief Medical Officer for the Department of Health, in a news release. 'Health system interventions like screening for housing needs and linking people to housing services can have positive health impacts.' The new report's numbers are far higher than the 'point-in-time' counts for those years. In 2022, for example, volunteers counted about 2,600 people in homeless shelters and on the streets. In 2019, they counted 3,241. The counties with the highest numbers of unhoused patients were Bernalillo, Santa Fe, Doña Ana and San Juan, according to the report. Amid funding cut threats and homeless camp sweeps, a volunteer loses hope but keeps counting Two-thirds of the patients were male, according to the report. Nearly 40% were Hispanic, another 40% were white, and 15% were American Indian or Alaska Native in a state where about 12% of the total population is Native American. A little over 2,100 of the people counted, comprising 7% of the people the researchers counted, were under age 18. The researchers also examined medical diagnoses the patients received, finding the top 'comorbidity' along with homelessness, was alcohol-related disorders, with 17% of patients having that diagnosis. About 8% had a stimulant-related disorders, 7.1% had schizophrenia or other psychotic disorders and 4.8% were suicidal, among other common diagnoses, according to the report. About 455 people were treated related to their pregnancy, a finding that indicates 'additional supportive housing needs for families during a vulnerable life stage,' researchers wrote. The researchers determined that their method of counting and analyzing homelessness could help present a clearer picture of an issue that has long plagued the state. 'These findings bolster understanding of homelessness in New Mexico and demonstrate that statewide healthcare system data can be used to report homelessness and its comorbidities,' the authors write.
Yahoo
17-04-2025
- Politics
- Yahoo
NM Highlands University sues FEMA, alleging unnecessary hurdle in way of 2022 wildfire compensation
The student center at New Mexico Highlands University pictured in December 2022. The university is suing the Federal Emergency Management Agency over what it says are unnecessary hurdles to wildfire compensation. (Photo by Patrick Lohmann / Source NM) A public university in Las Vegas, New Mexico is suing the Federal Emergency Management Agency, alleging the agency is illegally forcing it to jump through bureaucratic hoops before it can seek compensation for a wildfire in 2022 caused by the United States Forest Service. New Mexico Highlands University, which has about 2,800 students, is seeking compensation from a $5.45 billion fund Congress created to fully compensate victims of the Hermits Peak-Calf Canyon Fire, the biggest fire in New Mexico history, which started due to two botched prescribed burns on federal land in early 2022. The wildfire burned more than 530 square miles and destroyed several hundred homes. It also upended life at the university, according to a lawsuit filed Tuesday. The lawsuit does not provide a dollar figure, but it lists a variety of losses, including structural damage to university property from flooding and erosion; forced closures; increased insurance premiums; as well as emergency staffing costs for student support and operational expenses. Hermits Peak Fire victims say claims office head offered reassurances about Trump's threatened cuts But rather than applying for compensation made available through the Hermits Peak-Calf Canyon Fire Assistance Act, the university's lawsuit says it is being required to first exhaust another means of covering some of those costs known as the FEMA Public Assistance program. That program is reserved for public entities like local governments and school districts seeking reimbursement for emergency and infrastructure costs they suffered during a disaster. It is also notoriously slow, requiring a seven-step approval process. 'The Public Assistance program is a lengthy discretionary reimbursement program, not a compensation program, that is difficult to navigate, can take years to complete, and will not cover all of Plaintiff's damages,' writes Brian Colón, a former state auditor and lawyer with Singleton Schreiber, which is suing on NMHU's behalf. The City of New Orleans is still awaiting some Public Assistance funds from Hurricane Katrina funds in 2005, according to the lawsuit. Here in New Mexico, six bridges damaged in a 2008 flood in Ruidoso were still awaiting repairs by the time post-fire flooding occurred there last year, delays local officials attribute, in part, to Public Assistance challenges. Flash floods poised to continue in disaster areas through monsoon season And the state of New Mexico has awarded $170 million in zero-interest loans in recent years to local governments affected by various recent disasters, a measure meant to counteract delays associated with the FEMA program. Since President Donald Trump took office in January, approval for Public Assistance has also become less certain. This week, FEMA declined to cover 100% of the Public Assistance costs incurred from Hurricane Helene in North Carolina and denied the state of Washington's request for disaster assistance, including Public Assistance, following a bomb cyclone there last year. Colón, in a brief interview Thursday, said he was unaware of any additional delays or denials for public entities affected by the Hermits Peak-Calf Canyon Fire since Trump took office. FEMA officials did not immediately respond to a comment about that or the lawsuit generally on Thursday. The university is not the first public entity in and around the burn scar to sue FEMA for requiring the extra step. Other plaintiffs include the Mora-San Miguel Electrical Co-operative, Las Vegas City Schools, and the Mora Independent School District. Those cases are all still pending. As of April 15, the Hermits Peak-Calf Canyon Fire Claims Office has paid out $2.25 billion in compensation to individuals, businesses, nonprofits and local governments, which amounts to about 41% of the $5.45 billion Congress awarded. That figure includes $137 million to local governments, most of which was a single payment of $98 million to the City of Las Vegas to replace its water treatment facilities. The amount paid out via FEMA Public Assistance money is less clear. According to a FEMA website, the agency has obligated a little more than $170 million to local public entities that incurred costs related to the wildfire disaster in New Mexico in 2022. That money goes to public entities in the Hermits Peak-Calf Canyon Fire burn scar but also other wildfires that erupted in the state in spring 2022, and it's not clear how much has been actually paid, not just obligated, so far.
Yahoo
07-04-2025
- Climate
- Yahoo
Source NM staffers win at Top of the Rockies annual competition
Source NM took home nine awards from the annual Top of the Rockies Excellence in Journalism competition from the Colorado Professional Chapter of the Society for Professional Journalists. The winners were announced Saturday night at at a reception following the conclusion of the four-state 2025 SPJ Region 9 Conference: Fundamentals and the Future at The Slate Hotel in Denver, and included journalists from New Mexico, Colorado, Wyoming and Utah, competing in different size divisions. Contest organizers said the competition drew more than 1,850 entries from 80 news media outlets and 20 freelancers. The Los Angeles Press Club judged this year's contest. 'The competition continues to grow each year, and we are honored to highlight outstanding journalism throughout the four-state region,' contest coordinator Deb Hurley Brobst said in a statement. 'These are hard-working journalists who deserve recognition of their efforts.' Source, which competes in the medium-size news division, won two first-place awards. Reporter Danielle Prokop took first in the science and technology news category for her story on legacy plutonium contamination in Los Alamos. 'The plutonium story, well written and also a tad scary, took a topic that's mostly absent from mainstream media and turned it into something we should pay attention to,' the judges wrote. 'Well written, nice graphics/photos augmenting the words.' Source reporter Patrick Lohmann took first place in the legal feature category for his story on the federal government's efforts to squash a lawsuit over the deaths of three people who died in post-fire flooding that followed the The Hermits Peak-Calf Canyon Fire. 'This fascinating story takes a look at people left in legal limbo by the federal government and how the system is failing them,' the judges wrote. 'Exactly the kind of story that makes superb watchdog journalism.' Source also won four second-place awards and three third-place awards: Second place: Ag and environmental news, Austin Fisher: 'NM animal health experts update fair guidance to include high-quality masks' Climate reporting, Patrick Lohmann, Byard Duncan, Adria Malcolm: 'They lost everything in New Mexico's biggest wildfire. Now they're sounding the alarm for others' Legal news, Patrick Lohmann: 'After federal judge's order, NM fire victims should seek to describe their anguish, lawyer says' Headline writing, Patrick Lohmann: 'Oh, the germaneity!' Third place: Investigative reporting, Austin Fisher: 'Texas activists pushed abortion restrictions in NM cities and counties' Breaking news, Danielle Prokop: 'Views from the South Fork and Salt Fires at the Hondo Valley Allsup's' Mental health news, Austin Fisher: 'Study: 95% of deaths in ICE detention between 2017-2021 could have been prevented'
Yahoo
01-04-2025
- Politics
- Yahoo
NM GOP renews call for special session on crime after alleged arson at Albuquerque headquarters
Amy Barela, chair of the Republican Party of New Mexico, gestures toward the charred front entrance of the party's Albuquerque headquarters on Monday afternoon. (Photo by Patrick Lohmann / Source NM) Republicans from across New Mexico gathered in front of charred front doors to the party's Albuquerque headquarters Monday, saying a weekend fire they believe is arson is more proof that Democrats in charge of the Legislature failed to adequately address crime during a 60-day legislative session that ended a little over a week ago. State Republican leaders say the fire early Sunday morning was politically motivated arson. According to Albuquerque Fire Rescue, the blaze occurred a little before 6 a.m., causing damage to the front entryway and smoke damage throughout the building. No one was injured and the fire was extinguished within five minutes, according to AFR. The cause is being investigated, AFR and Republican leaders said. The FBI and ATF are investigating, according to AFR and Republican officials. As of Monday afternoon, no search warrants had been filed, according to a Source New Mexico review of federal court records. Along with the fire damage, someone stenciled 'ICE=KKK' in red spray paint on the side of the building. The stencil was partially covered with plywood before the news conference Monday afternoon. The news conference came after a day of sniping between Democrats and Republicans over who is to blame for the deterioration of political discourse here. Republicans cited a Santa Fe town hall meeting Saturday when U.S. Rep. Teresa Leger Fernandez (D-N.M.) called on attendees to 'agitate' as part of a strategy to combat President Donald Trump's agenda, along with 'legislate' and 'litigate.' The party also circulated a fundraising appeal with the headline 'They tried to silence us.' The Democratic Party of New Mexico condemned the alleged arson but said Republicans were 'maliciously and falsely' claiming the congresswoman's call for political organizing amounted to incitement of violence. 'Nothing could be further from the truth,' Chair Jessica Velasquez said in a statement. The New Mexico Democrats statement also cited the recent conviction of Solomon Peña, a failed Republican state House candidate, for shooting up the homes of prominent Democratic lawmakers. (No one was injured.) Asked Monday afternoon whether the Republican party overreacted by blaming Leger Fernandez's town hall meeting, Sen. Bill Sharer (R-Farmington), the New Mexico Senate minority leader, said he wished to take the temperature down. 'What I'm looking for right now is to tone down the rhetoric by everybody. Calm down,' he said. 'Because somebody's going to get hurt.' Multiple speakers sought to link the alleged arson to what they say is out-of-control crime, adding it to a list with the March 21 mass shooting in Las Cruces, plus murders and carjackings. 'This attack is a symptom of something far larger,' said Amy Barela, chair of the Republican Party of New Mexico. 'A growing wave of emboldened, unchecked crime across our state.' A report last summer by the Legislative Finance Committee found that violent crime in Bernalillo County has plateaued since 2017. Right after the final gavel of the 60-day legislative session, Republican leaders called on Democratic Gov. Michelle Lujan Grisham to call lawmakers back for a special session focused on increasing criminal penalties. Lujan Grisham has said she shares Republicans' concerns and will likely call such a session. She hasn't yet said when it would occur.
