United States v. New Mexico

The city of Albuquerque filed a motion to dismiss a federal lawsuit by the U.S. Department of Justice (DOJ) that challenges the city’s authority to limit the use of it’s resources for federal immigration enforcement. Public Rights Project (PRP) is representing Albuquerque.

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 and 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.

In its motion to dismiss, Albuquerque makes clear that federal law doesn’t require cities to take part in civil immigration enforcement. The city’s ordinance doesn’t obstruct federal enforcement  — it simply directs how city space and resources can be used as well as sets limits on entities controlling additional community spaces within the city. 

Albuquerque also points out that the Constitution’s 10th Amendment prevents the federal government from forcing local officials to carry out federal immigration enforcement. Finally, the city argues that regulating local property and local employment requirements sits squarely within state and local authority.

Courts have repeatedly rejected the argument that declining to give assistance amounts to blocking enforcement. In a significant prior victory, PRP and the city of Boston successfully defeated a DOJ challenge to Boston’s Trust Act in May 2026. This marks the second motion to dismiss that PRP has filed on behalf of local governments defending public safety laws protecting immigrant communities.

Read the motion to dismiss.

Update:

In an amended complaint against Albuquerque, DOJ raises the same claims against the city’s local ordinance as before, including that it discriminates against the federal government and violates federal law. On July 6, 2026, the city filed a motion to dismiss the amended complaint.

Albuquerque makes clear once again that federal law doesn’t require cities to take part in civil immigration enforcement and that its ordinance doesn’t obstruct federal enforcement — it simply restricts how city space and resources can be used, as well as sets limits on ICE and U.S. Customs and Border Protection’s use of sensitive community spaces within the city.

DOJ claims the ordinance creates an unconstitutional obstacle to immigration enforcement. Our brief argues that the ordinance simply forces the federal government to comply with the Fourth and 10th amendments and state and federal law.

Read the motion to dismiss.