The U.S. Department of Justice has filed a lawsuit against New Mexico and the city of Albuquerque, seeking to block the Immigrant Safety Act and a related city ordinance, claiming they undermine federal immigration enforcement. The lawsuit names the state of New Mexico, the city of Albuquerque, Gov. Michelle Lujan Grisham, Attorney General Raul Torrez, and Mayor Tim Keller as defendants. KOAT Legal Expert John said the lawsuit is the start of what he believes will be a long battle, “It’s going to wind up in the U.S. Supreme Court because there are a lot of other blue states that are attempting the same thing.” In more than 200 pages filed Friday, the federal government is asking a judge to declare House Bill 9 and Albuquerque’s Safer Community Places Ordinance as unconstitutional, invalid and unenforceable.” The Department of Justice is also requesting that the laws be stopped before they take effect and is seeking reimbursement for lawsuit costs and fees. “It’s not unusual for the federal government to file suit if they believe that a state is acting in ways that violate various laws,” Day said. The lawsuit references the Supremacy Clause, which establishes federal law as the “supreme law of the land.” The lawsuit states, “State law may not stand as an obstacle to the enforcement of federal law.” Day added, “This is the federal government saying, we have the right and the constitutional right to regulate immigration policy, and states: you don’t have that right.” The Immigrant Safety Act, signed into law earlier this year, was celebrated by New Mexico Democrats as a major legislative achievement. It is set to take effect on May 20 and bans counties from entering agreements with the federal government to detain immigrants for civil immigration violations. The law also ends an existing contract with the Otero County Processing Center. Albuquerque’s Safe City Policy goes further, requiring businesses to notify all workers within 24 hours if Immigration and Customs Enforcement agents appear at their job site, among other provisions. “So it’s a really interesting legal issue, definitely going to wind up in the highest court of the land at some point,” Day said. The federal government is pushing for a hearing within the next 10 days. The case is currently in federal district court but could move to the 10th Circuit Court of Appeals.The lawsuit also highlights the Otero County Processing Center in southern New Mexico, which the government calls “critical” to its immigration plan highlighted by President Donald Trump. The facility can house nearly 1,100 people, including women and higher-risk detainees. If House Bill 9 takes effect, the government warns it will need to relocate all detainees, potentially moving many 27 miles away to Camp East Montana in El Paso.
The U.S. Department of Justice has filed a lawsuit against New Mexico and the city of Albuquerque, seeking to block the Immigrant Safety Act and a related city ordinance, claiming they undermine federal immigration enforcement.
The lawsuit names the state of New Mexico, the city of Albuquerque, Gov. Michelle Lujan Grisham, Attorney General Raul Torrez, and Mayor Tim Keller as defendants.
KOAT Legal Expert John said the lawsuit is the start of what he believes will be a long battle, “It’s going to wind up in the U.S. Supreme Court because there are a lot of other blue states that are attempting the same thing.”
In more than 200 pages filed Friday, the federal government is asking a judge to declare House Bill 9 and Albuquerque’s Safer Community Places Ordinance as unconstitutional, invalid and unenforceable.” The Department of Justice is also requesting that the laws be stopped before they take effect and is seeking reimbursement for lawsuit costs and fees.
“It’s not unusual for the federal government to file suit if they believe that a state is acting in ways that violate various laws,” Day said.
The lawsuit references the Supremacy Clause, which establishes federal law as the “supreme law of the land.” The lawsuit states, “State law may not stand as an obstacle to the enforcement of federal law.”
Day added, “This is the federal government saying, we have the right and the constitutional right to regulate immigration policy, and states: you don’t have that right.”
The Immigrant Safety Act, signed into law earlier this year, was celebrated by New Mexico Democrats as a major legislative achievement. It is set to take effect on May 20 and bans counties from entering agreements with the federal government to detain immigrants for civil immigration violations. The law also ends an existing contract with the Otero County Processing Center.
Albuquerque’s Safe City Policy goes further, requiring businesses to notify all workers within 24 hours if Immigration and Customs Enforcement agents appear at their job site, among other provisions.
“So it’s a really interesting legal issue, definitely going to wind up in the highest court of the land at some point,” Day said.
The federal government is pushing for a hearing within the next 10 days. The case is currently in federal district court but could move to the 10th Circuit Court of Appeals.
The lawsuit also highlights the Otero County Processing Center in southern New Mexico, which the government calls “critical” to its immigration plan highlighted by President Donald Trump.
The facility can house nearly 1,100 people, including women and higher-risk detainees. If House Bill 9 takes effect, the government warns it will need to relocate all detainees, potentially moving many 27 miles away to Camp East Montana in El Paso.
