New Mexico DOJ Seeks Dismissal of Trump Administration Lawsuit Over Immigration Law
New Mexico Attorney General Raúl Torrez has asked a federal judge to dismiss a Trump administration lawsuit challenging the state’s Immigrant Safety Act, arguing the federal government cannot force New Mexico agencies to participate in federal immigration enforcement.
The Immigrant Safety Act, passed by the New Mexico Legislature this year, bars state and local governments from entering agreements to detain, investigate, or apprehend people for civil immigration violations on behalf of federal authorities.
In the dismissal motion, the New Mexico Department of Justice argues the law does not block federal immigration enforcement. Instead, state attorneys contend it simply prevents New Mexico from dedicating state resources to federal programs.
“The federal government can build its own detention facilities. It can hire its own officers,” Torrez said in a statement announcing the filing.
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The Trump administration filed suit earlier this year, claiming the law interferes with federal immigration operations and violates federal authority. The challenge mirrors other federal lawsuits targeting sanctuary-style policies in states and cities across the country.
For Albuquerque-area residents and local governments, the outcome could determine how much cooperation state and local agencies may provide to ICE in the future.
The case also tests a broader constitutional principle known as anti-commandeering, under which courts have repeatedly held that the federal government generally cannot require states to enforce federal regulatory programs. Similar arguments have appeared in other immigration-related lawsuits around the country.
The court has not yet ruled on New Mexico’s motion to dismiss.
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