Editor,
New Mexico voters have an opportunity to repeal the Alien Land Act in the upcoming election. The law, adopted in 1921, amended the New Mexico Constitution to prohibit land ownership for all immigrants ineligible for citizenship. This was part of the wave of anti-Japanese immigration sentiment that swept across the U.S. in the early 20th century.
Nearly every state enacted laws like the Alien Land Act, but New Mexico is the only state that has yet to repeal such a law.
While this law has never been challenged in state courts, the U.S. Supreme Court ruled that the California Land Prohibition Law - which is very similar to New Mexico's Alien Land Act - violated the Equal Protection Clause of the 14th Amendment to the Constitution requiring that all people be treated equally regardless of nationality, gender, race or ethnicity.
That decision and subsequent New Mexico probate legislation rendered the Alien Land Act unenforceable, but it remains a black mark on New Mexico's rich cultural history.
It is now time for New Mexican voters to end whatever doubt there may be on the issue and repeal the Alien Land Act. This act was not directed at illegal immigration; it targeted immigrants of Japanese ancestry here legally.
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Voters can erase New Mexico's awkward distinction as the last state in the nation to carry a reminder of a regrettable historical period in its constitution by trimming that document's unconstitutional fat and retiring Article II, Section 22 for good.
We urge all New Mexicans to vote for repeal of the Alien Land Act. Vote yes on Constitutional Amendment No. 1.
Nicholas Marshall, Chris Frey, Nikko Harada,
John Sugg, Adrian Vega
UNM School of Law Clinical Law Program
