ALBUQUERQUE, N.M. (KRQE) – The city of Albuquerque is ready to fight back against a federal lawsuit brought on by the U.S. Department of Justice. The feds claim some city policies are unlawful and are blocking U.S. Immigration and Customs Enforcement (ICE) agents from doing their jobs.
Albuquerque Mayor Tim Keller is standing by the city’s newest immigrant-friendly ordinance despite facing a lawsuit dropped by the feds. The USDOJ filed a civil complaint Friday against the city, claiming its safer community places ordinance obstructs immigrant enforcement. The ordinance, which passed in March, bans ICE agents from using city properties as a staging area, operation base, or processing location.
“We’re not saying ICE can’t exist in Albuquerque. That would be illegal. Even if we want to do that, like that would be illegal. We’re just saying they can’t use city property. That is legal, that’s what we’re saying,” said Keller.
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The state of New Mexico is also listed in the lawsuit for House Bill 9, which bans local governments from going into contracts with ICE. The DOJ said both the city and the state are violating the supremacy clause, which allows federal law to overrule state and local law. “Federal laws trump all other laws, but they can’t tell us what to do, and they can’t tell our people what to do, and they can’t tell us what to do with our buildings,” said Lauren Keefe, the city’s attorney.
The complaint also said the laws passed are discriminatory against the federal government. “These are technicalities they’re arguing over. And we’ll fight, and I think we’re going to win. But they’re not even questioning our general approach,” said Keller.
Part of the ordinance would include adding signs that restrict ICE agents from conducting their operations on city property. The city said if the DOJ wins, those signs are the only things at stake. “What we’re going to do is move to dismiss, because we shouldn’t have to spend any time or money on this lawsuit. But there will be no ruling initially that would affect us in any way,” said Keefe.
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In the past, the DOJ has pressured the city to drop its immigrant-friendly status, where the city does not track citizen status and will not work with ICE. Keller remains committed to his policies and laws. “We want our families to be able to go to church, to call 911 if they’re in trouble, all without fear. We want kids to get picked up at school. We want our city to be able to function,” said Keller.
Mayor Keller said the city has not installed the signs that would ban ICE agents on any city properties yet. The ordinance states the city would develop the policy within 90 days. The USDOJ also filed a preliminary injunction against the state of New Mexico to stop HB9, where a court hearing will be held within ten days.
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