DOJ files lawsuit against New Mexico, Albuquerque over refusal to assist federal immigration enforcement

The DOJ filed a complaint and motion for preliminary injunction against both the city and state, as well as Governor Michelle Lujan Girisham, Attorney General Raul Torre, and Albuquerque Mayor Timothy Keller. The complaint alleges that the “Immigration Safety Act” passed in New Mexico, and the city ordinance titled “Safer Community Places Ordinance (SCPO)” violated federal immigration enforcement authority.

The policies were aimed at attempting to dissolve long-standing partnerships between local governments in the state and federal authorities to enforce immigration law. The policies block federal agents from using local government property to carry out such enforcement, as well as require private businesses to tip off illegal immigrants about enforcement activities.

The Trump administration has relied on partnerships with local governments to carry out immigration enforcement and has condemned cities that have uprooted these partnerships.

“The State of New Mexico and the City of Albuquerque seek to intentionally obstruct federal law enforcement by preventing cooperation between local governments and the federal government,” said First Assistant US Attorney Ryan Ellison for the District of New Mexico. “HB9 and the SCPO unlawfully interfere with federal immigration enforcement, illegally discriminate against federal operations, and violate constitutional protections regarding contracts and federal supremacy. Additionally, by barring public entities from participating in federal immigration detention in New Mexico, HB9 jeopardizes nearly 300 jobs and the economy of Otero County.”

“Our lawsuit asks the court to declare these laws invalid and issue an immediate injunction to stop them from being enforced,” Ellison added.