Justice Department Sues New Mexico and Albuquerque Over Limits on Immigration Enforcement

The Justice Department filed a complaint and motion for preliminary injunction in federal district court in New Mexico on May 8 against the State of New Mexico, Governor Michelle Lujan Grisham, Attorney General Raul Torrez, the City of Albuquerque and Mayor Timothy Keller.

The suit targets House Bill 9, known as the Immigrant Safety Act, and Albuquerque City Ordinance O-26-15, known as the Safer Community Places Ordinance. Both measures restrict state, local and municipal employees from cooperating with federal immigration enforcement and limit Immigration and Customs Enforcement access to certain public facilities and spaces.

The federal government alleges the laws and ordinance directly infringe on its exclusive authority to enforce immigration laws. The complaint states that HB9 and the SCPO prevent federal officers from performing functions at jails, schools and other locations that have historically served as operational venues for arrests, detentions and information sharing.

The suit asks the court to declare the measures invalid to the extent they conflict with federal law and to issue a preliminary injunction blocking their enforcement against federal immigration activities. No timeline for a court ruling is specified in the filings.

Downstream, the preliminary injunction if granted would restore federal officers' ability to enter the restricted locations and obtain cooperation from state and local personnel on immigration detainers and enforcement leads. The State of New Mexico and City of Albuquerque would face immediate compliance obligations or risk contempt proceedings.

The case will require the district court to rule on the scope of federal preemption over state and local sanctuary-style restrictions.

This action continues the Justice Department's use of litigation to challenge state and municipal policies that limit cooperation with federal immigration enforcement. The department has filed similar suits against other jurisdictions in recent years following passage of measures that designate certain areas as off-limits to ICE or bar use of local resources for immigration purposes.