The lawsuit also takes issue with Albuquerque’s Safer Community Places Ordinance. Among other things, the ordinance’s provisions prohibit ICE from conducting immigration-enforcement operations on city property. It also requires businesses to take certain steps to make it harder for ICE to enter employees-only areas.
The U.S. Department of Justice is taking legal action against the state of New Mexico and the city of Albuquerque, claiming that a new set of local laws has the potential to “unlawfully interfere with federal immigration enforcement.”
According to The Santa Fe New Mexican, the Justice Department has asked a federal court to stop city and state officials from enforcing House Bill 9, also known as the Immigrant Safety Act. Attorneys for the Trump administration argue that the legislation is unconstitutional and could cause irreparable harm to residents.
House Bill 9 prohibits public institutions—including county governments—from contracting with U.S. Immigration and Customs Enforcement. This effectively prevents local law enforcement from holding migrants on behalf of ICE.
The Justice Department’s 49-page motion claims that the bill, which is expected to take effect on May 20, represents an unconstitutional and unlawful attempt to interfere with federal government’s immigration-enforcement operations.
“State law may not stand as an obstacle to the enforcement of federal law,” the motion argues. “And under intergovernmental immunity principles, state governments may not regulate or discriminate against the Federal Government.”
Immigration and Customs Enforcement officer. Image via US-ICE/Flickr. Public domain.
The lawsuit also takes issue with Albuquerque’s Safer Community Places Ordinance. Among other things, the ordinance’s provisions prohibit ICE from conducting immigration-enforcement operations on city property. It also requires businesses to take certain steps to make it harder for ICE to enter employees-only areas.
“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,” First Assistant U.S. Attorney Ryan Ellison of the District of New Mexico said. “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.”
SourceNM notes that the lawsuit includes declarations from federal immigration agents, one of whom testified that the closure of a “mission critical” facility in Otero County would immediately impact enforcement operations throughout the border region.
Otero County Processing Center manager Pamela Heltner also said that closing the facility would be a “devastating blow to the local economy of one of New Mexico’s most economically vulnerable rural communities.”
The defendants named in the lawsuit include the State of New Mexico, Gov. Michelle Lujan Grisham, and Attorney General Raul Torrez.
On Friday, though, Torrez protested the motion, saying that House Bill 9 is a valid “constitutional exercise of state authority.” In a statement, the attorney general said that he is eager to defend the state in court.
“This lawsuit asks a federal court to override a democratically enacted state law because the administration disagrees with the policy choice the Legislature made,” Torrez said. “That is not a constitutional argument. It is an attempt to use federal litigation to reverse an outcome the administration dislikes.”
Sources
Feds sue New Mexico, Albuquerque over pro-immigrant policies
DOJ files lawsuit against New Mexico, Albuquerque over immigration policies
DOJ sues New Mexico, Albuquerque for obstructing federal immigration efforts
U.S. Department of Justice sues New Mexico to halt immigrant detention bill