Bernalillo County’s Democrat-controlled Commission has approved one of the most extreme immigration ordinances in New Mexico history — a measure critics say will jeopardize federal funding, compromise cooperation with federal law enforcement, and effectively create county-backed safe havens for criminal aliens.
In a 4–1 vote on Tuesday, the Commission barred Immigration and Customs Enforcement (ICE) from conducting enforcement on or near hospitals, schools, courthouses, churches, businesses, and worksites unless agents obtain a formal judicial warrant — even in cases involving serious criminal offenders.
The measure reinstates a controversial Biden-era directive prohibiting enforcement in “sensitive locations,” a policy the Department of Homeland Security previously warned criminals were exploiting. President Donald Trump revoked that policy early in his second term, noting that dangerous individuals were “shielding themselves behind these arbitrary safe zones.”
Now Bernalillo County is bringing the policy back — in defiance of federal guidance — and critics say the move could cost the county dearly.
Potential Loss of Federal Support and Legal Consequences
Legal analysts warn the county is inviting a showdown with federal authorities. Restricting cooperation with ICE and limiting access to public institutions may place the county in violation of federal law governing immigration enforcement, which could threaten millions in grants, law-enforcement partnerships, and emergency response funding.
Opponents say the Commission is effectively instructing county agencies and businesses to hinder federal law enforcement, a posture that could be interpreted as violating 8 U.S.C. § 1373 — the same statute used in past federal lawsuits against sanctuary jurisdictions.
County Commissioner Walt Benson, the lone dissenting vote, blasted the ordinance:
“There are criminals hiding behind these laws, you know it. You know people who have been abused, people who have been trafficked, you know drug dealers.”
Benson warned that the ordinance will overload local law enforcement, burden businesses, and shield offenders who have no legal right to be in the United States.
Business Requirements and Burdensome Mandates
The ordinance imposes sweeping requirements on employers, mandating that businesses:
- Notify all employees if their I-9 audit is initiated
- Notify staff if immigration enforcement agents plan to visit
- Post signage throughout their buildings identifying public vs. private areas
- Prepare for new policies within 90 days
Critics argue this forces businesses into a quasi-legal advisory role, undermining federal audits and potentially obstructing lawful enforcement actions.
Advocacy Groups Celebrate, While Public Safety Concerns Grow
The chamber was packed with activists from El Centro de Igualdad y Derechos, a progressive immigrant-advocacy group, wearing matching turquoise shirts and cheering as the Commission approved the ordinance. Clergy from the Catholic Church also spoke in support, framing the move as a moral obligation.
But safety advocates say the Commission is ignoring the rise in serious crime involving individuals with outstanding federal detainers — a trend long acknowledged by local law enforcement.
Democrat Commissioners Dismiss Safety Concerns
Commission Chair Eric Olivas dismissed warnings from law-and-order advocates, saying:
“I think it’s laughable that the party of law and order is breaking the highest law of the land.”
Yet former federal agents warn that ICE already requires warrants for sensitive enforcement actions when legally necessary. The difference now is that the county is blocking cooperation even when individuals pose a threat.
Critics say the ordinance goes far beyond protecting civil rights — it functionally weaponizes county government to shield illegal immigrants from lawful federal enforcement, even in cases involving fraud, gang activity, trafficking, and assault.
A County Playing With Fire
With the ordinance now law, Bernalillo County risks:
- Losing federal law-enforcement partnerships
- Triggering DOJ scrutiny
- Encouraging repeat offenders to hide in public institutions
- Creating legal ambiguity for hospitals, schools, and faith institutions
- Increasing the burden on local police forced to step in where ICE cannot
Opponents argue the Commission has prioritized ideological activism over the safety of county residents.
As Benson warned after the vote:
“Lawlessness is exactly what you’re inviting.”
The consequences — financial, legal, and public-safety related — are now Bernalillo County’s to bear.