The lawsuit, filed Friday in U.S. District Court for the District of New Mexico, names not only governmental bodies but also individual officeholders, including Michelle Lujan Grisham, Raúl Torrez and Timothy Keller.
By Levi Gwaltney
Sources:N.M. Department of Justice, U.S. Department of Justice
Image: Courtesy
The U.S. Department of Justice has filed a federal lawsuit against the State of New Mexico and the City of Albuquerque challenging the state’s recently enacted “Immigrant Safety Act” and a related Albuquerque ordinance, arguing the measures unlawfully interfere with federal immigration enforcement authority.
The lawsuit, filed Friday in U.S. District Court for the District of New Mexico, names not only governmental bodies but also individual officeholders, including Michelle Lujan Grisham, Raúl Torrez and Timothy Keller.
The federal complaint challenges House Bill 9, known as the “Immigrant Safety Act,” along with Albuquerque’s “Safer Community Places Ordinance.” According to the Justice Department, the measures obstruct cooperation between local governments and federal immigration authorities and improperly interfere with federal immigration operations.
In announcing the lawsuit, the Justice Department argued the laws attempt to prevent federal immigration agents from using local government property during enforcement activities and restrict cooperation with immigration detention operations.
Assistant Attorney General Brett Shumate stated the federal government is “clearly and uniquely empowered by the Constitution” to enforce immigration policy, while First Assistant U.S. Attorney Ryan Ellison argued the law threatens existing federal-local partnerships and could affect detention-related jobs and economic activity in Otero County.
Today, the United States filed a complaint and motion for preliminary injunction against the State of New Mexico, New Mexico Governor Michelle Lujan Grisham, New Mexico Attorney General Raul Torrez, the City of Albuquerque, and Albuquerque Mayor Timothy Keller, alleging that the implementation of House Bill 9 (HB9), entitled the “Immigrant Safety Act,” and Albuquerque City Ordinance O-26-15, entitled the “Safer Community Places Ordinance (SCPO),” infringes on federal immigration enforcement authority. U.S. Attorney’s Office for the District of New Mexico (via Facebook)
The federal filing also requests a preliminary injunction to halt enforcement of the laws while the case proceeds.
The Justice Department noted in its release that the lawsuit’s claims remain allegations and that no determination of liability has been made.
In response, Attorney General Raúl Torrez said New Mexico intends to defend the law in court, calling House Bill 9 “a constitutional exercise of state authority.”
Torrez argued the legislation was passed following concerns regarding conditions inside immigration detention facilities operating within New Mexico, including allegations involving inadequate medical care and deaths in custody.
“The Constitution reserves to the states the power to govern their own affairs — including how state and local personnel are deployed and how publicly funded facilities are used,” Torrez stated Friday.
Torrez also disputed the federal government’s legal argument that the law obstructs immigration enforcement, stating federal authorities remain free to enforce immigration law using federal personnel and resources.
The lawsuit reflects a broader effort by the Trump administration to challenge so-called “sanctuary” policies nationwide. In its announcement, the Justice Department referenced prior directives issued following President Trump’s declaration of a national emergency at the southern border and cited Albuquerque’s inclusion on a federal list of sanctuary jurisdictions published in 2025.
The case, filed as United States v. State of New Mexico et al., will now move through the federal court system, where a judge will determine whether to grant the federal government’s request for immediate injunctive relief while the broader constitutional dispute proceeds.
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