Attorney General Raúl Torrez said on May 8 that his office will defend House Bill 9, the Immigrant Safety Act, in response to a federal lawsuit challenging the law.
The statement from Torrez addresses concerns about state authority and the role of New Mexico’s government in immigration enforcement. The case highlights a dispute between state and federal powers regarding how detention facilities operate within New Mexico.
“House Bill 9 is a constitutional exercise of state authority, and this office will defend it,” Torrez said. He explained that the legislation was passed after “extensive consideration of documented harms occurring in immigration detention facilities operating in this state — inadequate medical care, deaths in custody, and conditions that fell well below acceptable standards.” According to Torrez, “The Legislature made a considered judgment that New Mexico’s government, its employees, and its publicly funded facilities should not be instruments of a detention system that has caused serious and preventable harm to people held within our borders. That is precisely the kind of policy judgment that belongs to the states.”
Torrez further stated: “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. Federal agents remain free to enforce federal immigration law. They may make arrests, conduct investigations, and carry out removals. What they may not do is compel New Mexico’s officers, employees, and institutions to administer federal enforcement priorities the state has chosen not to adopt. The federal government has its own personnel and its own resources. It does not have a constitutional right to New Mexico’s.” He added: “This lawsuit asks a federal court to override a democratically enacted state law because the administration disagrees with the policy choice the Legislature made. That is not a constitutional argument. It is an attempt to use federal litigation to reverse an outcome the administration dislikes. We will see them in court.”
The Attorney General serves as chief legal officer for New Mexico while fostering trust through community outreach initiatives across all counties; coordinating with local law enforcement agencies for public safety efforts; advancing justice through civil litigation; supporting consumers; upholding rule of law; and providing statewide services according to the official website.
Observers say this case could have broader implications for how states set policies regarding cooperation with federal authorities on matters such as immigration enforcement.
