Attorney General Raúl Torrez announced on May 27 that the New Mexico Department of Justice has filed lawsuits against Torrance County and Curry County, seeking declaratory and injunctive relief regarding the counties’ refusal to comply with the Immigrant Safety Act, which took effect May 20.
Torrez said, “Local officials take an oath to uphold the law, all of it, not just the parts they agree with. The Legislature enacted the Immigrant Safety Act after careful deliberation, the Governor signed it, and it is now the law of New Mexico. No county sheriff has the authority to nullify a statute simply because he disagrees with it. That is not how our constitutional system works, and this office will not allow it to stand.”
The complaints allege that both counties continue to operate ICE 287(g) agreements. This federal program deputizes local sheriff’s personnel to carry out civil immigration enforcement duties such as executing immigration arrest and removal warrants on behalf of Immigration and Customs Enforcement. The Attorney General’s office states these administrative documents differ from criminal warrants in that they are not reviewed by a neutral magistrate, require no probable cause of any crime, and have no judicial oversight.
According to the lawsuits, participation in these agreements imposes serious costs on local communities by diverting deputies from their core responsibilities in criminal investigations and emergency response. The suits also argue that such arrangements deter immigrant residents from reporting crimes or cooperating with police due to fear of immigration enforcement consequences. Additionally, these practices expose counties to significant civil rights liability due to risks like racial profiling and unconstitutional stops.
“These counties have decided their policy preferences override the democratic process. They are wrong about the law, wrong about their authority, and wrong to think this office will look the other way. State law is not optional, least of all for the officials who took an oath to uphold it,” Torrez said.
The Attorney General seeks court orders requiring both counties to immediately terminate their ICE agreements; prohibiting them from exercising or modifying those agreements pending judgment; and declaring that local officials lack authority under state law to arrest or detain individuals solely based on civil immigration status or administrative immigration warrants.
The New Mexico Attorney General serves as chief legal officer for New Mexico; advances justice through litigation; coordinates public safety efforts with local agencies; provides services across all state counties; supports law enforcement; protects consumers; upholds rule of law; fosters trust via community outreach initiatives—all according to the official website.
