SOUTHERN NEW MEXICO
Do帽a Ana County added to Trump administration immigration lawsuit
DOJ challenging so-called sanctuary policies
Published
Modified
LAS CRUCES 鈥� The Trump administration has added Do帽a Ana County to a federal lawsuit challenging state law and local resolutions it claims are obstructing immigration enforcement.
The U.S. Department of Justice is asking the court to block New Mexico鈥檚 Immigrant Safety Act, which took effect in May. prohibits public bodies in New Mexico from leasing property for use in civil immigration detention.
The original complaint, filed in May, states, 鈥淭he sole purpose of (House Bill 9) is to express discontent with the federal immigration policies of the current administration.鈥�
The lawsuit also sought an injunction against the city of Albuquerque鈥檚 Safer Community Places ordinance, which limits federal immigration enforcement in spaces such as schools, hospitals, churches, shelters and city-owned facilities.
It also requires Immigration and Customs Enforcement, or ICE, to hold warrants for actions in construction zones and courthouses. The ordinance cleared the City Council in March on a 5-4 vote.
Bernalillo County鈥檚 Safer Community Places ordinance, adopted in November, was the lawsuit鈥檚 third target. The similarly designates schools, churches and other areas as safer community zones where law enforcement must have a warrant signed by a judge to conduct enforcement.
On Monday, the DOJ filed an amended complaint adding Do帽a Ana County as a defendant, targeting the county鈥檚 updated 鈥淪afe Communities For All Residents鈥� resolution, which county commissioners passed in May, four days after the DOJ filed its original lawsuit.
The county updated a 12-year-old resolution directing county employees to respect all residents鈥� rights regardless of immigration status and precluding staff or county resources from participating in federal immigration enforcement.
鈥淭he federal government cannot effectively enforce immigration law when local jurisdictions impose barriers to lawful enforcement activities,鈥� First Assistant U.S. Attorney Ryan Ellison for New Mexico said in a statement. 鈥淭his amended complaint seeks to preserve the long-standing partnerships that have helped keep New Mexico safe and to ensure that federal immigration law remains supreme. We will continue to defend our ability to enforce immigration law, maintain critical partnerships with local agencies, and protect the safety and security of New Mexico communities.鈥�
The lawsuit maintains that the local measures are preempted by federal law and that the Do帽a Ana County action prohibits sharing of information about immigration status with federal authorities, among other legal arguments.
Do帽a Ana County staff informed its board of commissioners of the lawsuit on Tuesday during its regular business meeting and did not comment on the litigation further.
Gov. Michelle Lujan Grisham, the city of Albuquerque, and state Attorney General Ra煤l Torrez have all filed separate motions asking the court to dismiss the lawsuit.
The DOJ鈥檚 lawsuit echoes legal challenges in other states contesting so-called sanctuary resolutions restricting enforcement actions in spaces where local residents seek food, shelter, education or worship, absent an imminent threat or a valid warrant.
Thus far, federal courts have frowned on similar challenges to local laws and resolutions protecting residents regardless of immigration status. A federal judge in California last weekend a federal lawsuit challenging the city of Los Angeles鈥� 鈥渟anctuary city鈥� ordinance. A similar Trump administration action was in April.
Algernon 顿鈥橝尘尘补蝉蝉补 is the Journal鈥檚 southern New Mexico correspondent. He can be reached at adammassa@abqjournal.com.
