New Mexico Immigration Law Sparks Clash With Trump Administration
Posted on05/17/26 at 11:31
- DOJ sues New Mexico
- ICE loses state cooperation
- Immigration law sparks conflict
The implementation of a new immigration law in New Mexico has triggered a legal battle with the United States Department of Justice (DOJ).
The dispute involves both the state government and the city of Albuquerque, according to La Nación.
- Why it matters: The DOJ is seeking to block measures that restrict cooperation between public agencies and federal immigration authorities.
The law is scheduled to take effect on May 20. HB 9 limits contracts and use of public resources
New Mexico immigration law restricts agreements with ICE
The state legislation, known as the Immigrant Safety Act or HB 9, prohibits public agencies from entering into or renewing contracts with U.S. Immigration and Customs Enforcement (ICE).
The restriction applies to local governments, state agencies, school districts, and other publicly funded entities.
The law also requires the termination of existing agreements related to immigration detention at the earliest date allowed under each contract.
Another central component prohibits the use of public property to facilitate operations tied to federal immigration enforcement.
The measure was approved alongside a municipal ordinance in Albuquerque called the Safer Community Places Ordinance.
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The ordinance establishes that ICE agents may not use public facilities such as libraries, hospitals, schools, or parks as gathering or operational coordination points.
Because the law’s implementation date is approaching, the Department of Justice filed a lawsuit seeking to block both measures before May 20.
DOJ argues New Mexico is infringing on federal authority
The Department of Justice argues that the U.S. Constitution grants exclusive authority over immigration policy to the federal government.
“New Mexico is attempting to regulate immigration policy, something the Constitution clearly and exclusively assigns to the federal government,” stated Brett A. Shumate.
“Our lawsuits seek to stop the state’s unconstitutional actions and preserve cooperation between federal, state, and local law enforcement agencies,” he added.
The DOJ also argued that HB 9 removes longstanding mechanisms of cooperation between local and federal agencies.
According to the lawsuit, the restrictions interfere with investigations, transfers, and detentions carried out by federal immigration authorities.
Another issue challenged by the federal government is the prohibition on using public properties.
The Department of Justice believes that preventing the use of municipal spaces obstructs enforcement of national immigration laws.
Lawsuit seeks to stop law before implementation
The federal government asked the court to declare both HB 9 and Albuquerque’s local ordinance invalid.
“HB 9 and the Albuquerque county prosecutor’s order unlawfully interfere with the enforcement of federal immigration law,” declared Ryan Ellison.
Ellison also argued that the measures: “Unlawfully discriminate against federal operations and violate constitutional protections regarding contracts and federal supremacy.”
“Our lawsuit asks the court to declare these laws invalid and issue an immediate injunction preventing their enforcement,” he added.
The legal battle could determine how far states and municipalities can go in limiting cooperation with federal immigration agencies.
Meanwhile, HB 9 is still scheduled to take effect on May 20 unless a court orders its suspension beforehand.