Trump DOJ drops hammer on NM’s anti-ICE law

The Trump administration’s Department of Justice has taken direct aim at New Mexico’s controversial immigration policies, filing a federal lawsuit against the state, Gov. Michelle Lujan Grisham, Attorney General Raul Torrez, and the City of Albuquerque over laws the administration says are actively obstructing federal immigration enforcement.

At the center of the legal battle is House Bill 9 — erroneously dubbed the “Immigrant Safety Act” — along with Albuquerque’s “Safer Community Places Ordinance.” According to the DOJ, both measures go far beyond limiting cooperation with federal authorities and instead unlawfully interfere with the federal government’s constitutional authority over immigration.

In a complaint filed in U.S. District Court, the federal government argues the laws attempt to dismantle long-standing partnerships between local and federal agencies — partnerships that have been critical to enforcing immigration laws for decades.

“New Mexico is attempting to regulate immigration policy, something the federal government is clearly and uniquely empowered by the Constitution to do,” said Assistant Attorney General Brett A. Shumate of the DOJ’s Civil Division. “Our filings seek to halt the state’s unconstitutional actions… and allow federal immigration officials to enforce the law.”

The lawsuit specifically challenges provisions that block federal immigration agents from using local government property and resources to carry out enforcement operations. The DOJ also zeroed in on Albuquerque’s ordinance, which it says goes even further by effectively requiring private businesses to warn illegal immigrants about federal enforcement activity.

According to federal officials, those provisions don’t just limit cooperation — they actively “harbor and shield illegal aliens from detection,” creating a direct obstacle to federal law enforcement.

First Assistant U.S. Attorney Ryan Ellison for the District of New Mexico said the state’s actions are intentional and legally indefensible.

“The State of New Mexico and the City of Albuquerque seek to intentionally obstruct federal law enforcement by preventing cooperation between local governments and the federal government,” Ellison said. “HB9 and the SCPO unlawfully interfere with federal immigration enforcement… and violate constitutional protections regarding contracts and federal supremacy.”

The lawsuit also highlights economic consequences, particularly in southern New Mexico, where immigration detention facilities have long been a source of jobs and local revenue. Federal officials say the state’s policies threaten hundreds of jobs tied to those facilities, especially in Otero County.

“By barring public entities from participating in federal immigration detention… HB9 jeopardizes nearly 300 jobs and the economy of Otero County,” Ellison added.

The legal action is part of a broader national crackdown by the Trump administration on so-called sanctuary jurisdictions. Shortly after taking office, President Donald Trump declared a national emergency at the southern border and directed the DOJ to identify and challenge state and local policies that undermine federal immigration enforcement.

Albuquerque was later included on a federal list of sanctuary jurisdictions, and the administration has since followed through on its promise to bring legal action.

The DOJ argues that federal immigration enforcement depends heavily on cooperation with local authorities — cooperation that New Mexico’s new laws are now attempting to dismantle.

“Central to this mission are long-standing, voluntary agreements between federal and local agencies,” the DOJ stated, emphasizing that these partnerships are essential to “keep New Mexicans safe.”

The case, United States v. State of New Mexico et al., now heads to federal court, where the administration is seeking an immediate injunction to block enforcement of the laws.

For now, the lawsuit sets up a high-stakes legal showdown over immigration authority — one that could determine whether New Mexico’s sanctuary-style policies stand, or are struck down as unconstitutional.