Albuquerque and Public Rights Project urge court to toss DOJ lawsuit targeting local community safety policies

ALBUQUERQUE, NM – Today, Albuquerque asked a federal court to dismiss a lawsuit brought by the U.S. Department of Justice (DOJ) attacking its local authority. A city policy limits the use of local resources for federal immigration enforcement and keeps critical community spaces safe for everyone. Public Rights Project is representing Albuquerque.

In its motion to dismiss in United States v. New Mexico, Albuquerque argues that federal law doesn’t require cities to cooperate with ICE. It also states that the 10th Amendment prevents the federal government from forcing state and local officials to carry out federal immigration enforcement policies.

“Albuquerque has a long history of protecting its immigrant residents through local laws, and this policy continues that tradition,” said Jill Habig, founder and CEO of Public Rights Project. “They’re joining other local governments that refuse to be bullied into doing the federal government’s bidding — especially when it comes to reckless and inhumane immigration policy. Over and over, courts are rejecting this abuse of power and upholding local authority in similar cases across the country.”

Albuquerque’s “Safer Community Places” ordinance promotes public safety by:

• Banning some forms of ICE activity on city-owned property.
• Protecting hospitals, schools, libraries, and other critical community spaces from ICE as well as ensuring federal immigration agents get judicial warrants before entering them.
• Requiring employers to notify employees within 24 hours of certain types of ICE presence at the workplace.

“Schools, libraries and hospitals are here to serve the public, not ICE. This ordinance clarifies that the federal government cannot use our City-owned facilities, or private spaces, to search for immigrants,” said Albuquerque Mayor Tim Keller. “Our job is to keep families safe and make sure that people can access the services they need without fear.”

United States v. New Mexico is one of more than a dozen lawsuits brought by the DOJ targeting local immigration policies. Courts have sided with local governments in five decisions so far: Boston, Chicago, New York City, Denver and New Jersey.

This is PRP’s second motion to dismiss filed on behalf of a local government defending community safety laws. A federal court recently dismissed the DOJ’s challenge to the Boston Trust Act.

Read the motion to dismiss here.

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