A letter from Gov. Michelle Lujan Grisham’s office is raising new questions about the legal footing of New Mexico’s anti-ICE House Bill 9 after the governor’s own staff appeared to acknowledge that immigration enforcement is under federal jurisdiction.
In a response to a constituent who contacted the governor’s office about ICE operations, the Office of Gov. Michelle Lujan Grisham wrote that “jurisdiction over immigration enforcement rests with federal agencies,” adding that this reality limits “state and local law enforcement’s ability to intervene.”
That statement is now drawing attention because it appears to echo one of the central arguments made by critics of HB 9: immigration enforcement is a federal responsibility, and New Mexico’s attempt to restrict local cooperation with federal immigration authorities may be on shaky legal ground.
The letter, addressed to a New Mexican concerned about ICE operations, reads in part, “It is essential to recognize that jurisdiction over immigration enforcement rests with federal agencies, limiting state and local law enforcement’s ability to intervene.”
The governor’s office then directed complaints about alleged misconduct to the Department of Homeland Security’s Office of Inspector General.
The response was posted publicly on Facebook by Lana Kozikowski, who wrote that she contacted the governor’s office in an attempt to receive an explanation for why Lujan Grisham signed HB 9, the Democrat-backed “Immigrant Safety Act.” The law targets local government cooperation with federal immigration authorities, including DHS facilities and existing agreements between DHS and local law enforcement agencies.
Kozikowski argued the governor’s office response showed the administration already knew the state was entering federal territory.
“She knew HB 9 and SB 264 amendments would be unlawful but passed them anyway,” Kozikowski wrote.
The post quickly drew hundreds of reactions and comments from New Mexicans who saw the same contradiction. One commenter wrote, “They know the law is illegal and unenforceable, but they want to cause division and create chaos so they can play victims.” Another wrote, “Excellent, you got it in writing!”
The letter does not explicitly say HB 9 is illegal. But it does appear to concede the basic principle now at the center of the growing legal and political fight: immigration enforcement belongs to the federal government.
That matters because HB 9 has already triggered fierce opposition from counties and communities that rely on federal immigration detention contracts, including Otero County. Critics have warned the law threatens jobs, local revenue, public safety, and long-standing cooperation between local entities and federal authorities.
The U.S. Department of Justice has also sued New Mexico over HB 9 and Albuquerque’s related anti-ICE ordinance, arguing the state and city are interfering with federal immigration enforcement. Federal officials contend that state and local governments cannot obstruct federal operations by cutting off facilities, contracts, or cooperation needed to carry out immigration law.
The governor’s office letter now gives critics another talking point: even Lujan Grisham’s own staff acknowledged that immigration enforcement is federally controlled.
For people against open-borders, the issue is straightforward. If the governor’s office admits that immigration enforcement is a federal matter, why did Lujan Grisham sign a law aimed at disrupting local partnerships with federal immigration authorities?
HB 9 supporters have portrayed the law as a protection for immigrant communities — despite it doing the opposite. Opponents argue it is an anti-ICE political stunt that puts New Mexico in conflict with federal law while threatening local economies and public safety.
The contradiction was not lost on commenters responding to the Facebook post. One wrote, “Am I the only one seeing the blatant hypocrisy?” Another argued the administration was trying to “make it illegal for federal agencies to enforce the law” while telling people to report violations to the same federal government.
The governor’s office may have intended the letter as a routine constituent response. Instead, it has become a new wrinkle in the HB 9 fight — one that appears to undermine the administration’s own position.
At minimum, the response raises an obvious question: if Lujan Grisham’s office recognizes that immigration enforcement rests with federal agencies, why is New Mexico trying to block the local infrastructure and agreements that help those federal agencies do their jobs?