The lawsuit raises issue with a state law and a city ordinance designed to limit local cooperation with federal immigration enforcement activities.
The Department of Justice filed a lawsuit against the State of New Mexico and the City of Albuquerque on May 8, saying a recent state law and city ordinance infringe on federal immigration enforcement authorities.
“New Mexico is attempting to regulate immigration policy, something the federal government is clearly and uniquely empowered by the Constitution to do,” Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division said.
The lawsuit calls on a judge to grant a preliminary injunction blocking enforcement of the state law and city ordinance, and seeks a judgment declaring both invalid.
On Feb. 5, New Mexico Gov. Michelle Lujan Grisham signed into state law a bill that prohibits partnerships between local governments and federal immigration authorities to assist in the detention and removal of non-U.S. citizens from the country. The state legislation is set to go into effect on May 20.
The federal lawsuit notes a 60-month contract renewed in March between Immigration and Customs Enforcement (ICE) and the Otero County government, to provide a detention facility. If the contract is terminated or hindered, the lawsuit asserts that, in addition to disrupting detention efforts, the Otero County government would stand to lose significant revenue and jobs associated with the operation of the Otero County Processing Center.
On March 23, Albuquerque Mayor Timothy Keller enacted an ordinance prohibiting city authorities from leasing city property if they suspect the property will be used for the furtherance of immigration enforcement activities. The ordinance further prohibits public and private entities from allowing access to their property or records by law enforcement agents engaged in or supporting immigration enforcement efforts.
The ordinance also sets a requirement for employers to notify all persons “performing work” at the business about potential immigration enforcement actions at the business within 24 hours of learning of any such pending immigration enforcement actions.
First Assistant U.S. Attorney Ryan Ellison for the District of New Mexico said the state law and city ordinance at issue “unlawfully interfere with federal immigration enforcement, illegally discriminate against federal operations, and violate constitutional protections regarding contracts and federal supremacy.”
By Ryan Morgan
