Federal Opposition to New Mexico’s Immigration Law Intensifies
The U.S. Department of Justice took significant action on Friday by filing a motion aimed at preventing New Mexico authorities from enforcing the recently passed House Bill 9, known as the Immigrant Security Act. The federal government contends that the law is unconstitutional and poses a risk of irreparable harm to the state.
Details of the Controversial Legislation
House Bill 9 prohibits counties and other public entities from entering contracts with U.S. Immigration and Customs Enforcement (ICE) for the detention of immigrants. The law has faced pushback from local officials, particularly in Otero County, where the implementation of this measure could lead to the loss of approximately 284 jobs and necessitate the sale of the Otero County Processing Center, an existing immigrant detention facility, at a financial loss.
Legal Actions and Preliminary Injunction
In coordination with the New Mexico Attorney General’s Office, the U.S. Department of Justice’s Civil Division filed for a preliminary injunction in federal court on the same day. The lawsuit names New Mexico officials, including Governor Michelle Lujan Grisham and Attorney General Raul Torrez, as plaintiffs challenging the new law.
Arguments Against House Bill 9
The motion asserts that the federal government bears the primary responsibility for detaining and removing undocumented immigrants, claiming that state legislation undermines federal regulations. The legal documents emphasize that state laws cannot impede the enforcement of federal laws, citing the intergovernmental immunity doctrine that prohibits states from discriminating against federal entities.
Impact on Local Operations
The lawsuit incorporates a declaration from federal ICE officials, indicating that the closure of the Otero County Processing Center would disrupt critical law enforcement operations along the border, resulting in the loss of roughly 1,000 essential detainer beds. Otero County Mayor Pamela Hertner testified that shutting down the facility would significantly harm the local economy, particularly in one of New Mexico’s most economically challenged rural areas.
Federal Stance on Immigration Policy
Brett Shumate, assistant attorney general in the Justice Department’s civil division, criticized New Mexico’s approach, asserting that the state is encroaching on federal powers regarding immigration policy, which rests solely in the hands of the federal government as dictated by the Constitution.
State’s Defense and Broader Implications
In response, Attorney General Raul Torrez defended House Bill 9, framing it as a legitimate exercise of state power. He emphasized the necessity of protecting state law against what he calls an unwarranted federal intervention that seeks to negate a law enacted through a democratic process.
Additional Legal Challenges
The lawsuit also involves the City of Albuquerque and its Mayor, Tim Keller, claiming that the city’s recent Safer Community Places Ordinance further complicates federal immigration enforcement by prohibiting the use of city-owned land for immigration control purposes. U.S. Attorney Ryan Ellison mentioned that both the state law and the city ordinance unlawfully obstruct federal enforcement efforts and violate constitutional provisions concerning contracts and federal supremacy.
