As ICE raids escalate, Las Cruces strengthens 'welcoming community' resolution

LAS CRUCES — A divided city council approved an updated “welcoming community” resolution calling for additional protections for immigrants in Las Cruces with clearer guardrails concerning how the city interacts with federal law enforcement.

The resolution updates guidance from its 2017 resolution in light of escalating immigration enforcement actions under President Donald Trump’s second administration and builds on the city’s 1997 human rights ordinance affirming equality across all areas of city governance. The resolution reiterates the city’s posture as an “immigrant-friendly” community and underscores recently updated police general orders.

After making amendments recommended by City Attorney Brad Douglas, the council voted 5-2 to pass the resolution, with Mayor Eric Enriquez and Councilor Bill Mattiace dissenting. Councilor Yvonne Flores, an attorney whose practice has included immigration law, had suggested postponing the measure in order to review suggested amendments, but ultimately voted for approval after the amendments were made.

“If you don’t care about other people, if you can’t understand why this might come from a place of deep care for our community and deep belief in the idea of being welcoming, you should at least acknowledge that our city budget is literally dependent on the people here who feel welcome to participate in our community,” Councilor Becky Corran said moments before voting.

The resolution prohibits city personnel and resources from assisting in federal immigration enforcement or actions against individuals engaging in constitutionally protected speech, assembly or petitioning government, except in the presence of “substantial risk of imminent harm to health or safety of any person or the public at large” or if compelled by law.

It also protects information about immigration status, home addresses, government identification numbers, biometric data and other personal information from disclosure except as necessary for city department duties. Subpoenas from agencies outside the city would be reviewed for compliance with constitutional protections, and the city would notify targets to allow opportunity for review and objection.

New quarterly privacy audits would track requests by other jurisdictions for immigration-related information and identify vulnerabilities in the storage and sharing of data.

Other provisions encourage virtual access to municipal court hearings and some city services and calls for signs marking “sensitive locations” not typically considered public, affirming the need for immigration officers to obtain a signed judicial warrant before entering those areas, limiting potential encounters with federal agents while attending court or obtaining services. Under amended language, the resolution would not prevent local law enforcement from entering those areas to respond to a call for service.

The city is also directed to develop a website educating the public about their legal rights, employer guidance, resources and information for individuals and families.

Within six to 12 months, the resolution calls for the city to develop protocols and training and report on the implementation to the council.

The resolution made reference to Las Cruces Police Department General Orders 165 and 166, which were updated in February to align more closely with 4th Amendment protections against biased policing, and the 10th Amendment’s prohibition against commandeering a municipality’s resources to enforce purely federal programs.

It also stated that LCPD will not participate in U.S. Immigration and Customs Enforcement’s “287(g) program,” enabling local police to perform immigration enforcement.

“We would not be disobeying federal law in any way,” Douglas told the council. “Obviously if we are presented with a lawful order or subpoena or a warrant signed by a federal judge, the city and its officials and agents would not obstruct immigration enforcement in any way.”

That statement did not assuage concerns by opponents that the resolution would be a repudiation of legal immigration and ICE’s law enforcement function. Yet three dozen people spoke in favor of the resolution, and Councilor Johana Bencomo said swift action on the resolution was “timely and urgent” in light of reports of immigration crackdowns, warrantless detention and indiscriminate sweeps in other American cities.

Enriquez argued that the resolution essentially repeated practices that were already in effect and created additional work for city personnel.

“This resolution is not about politics,” a member of Chaparral youth organization New.Gen.Hope, who introduced herself as Alondra, said from the podium. “It’s about protecting families, making sure people feel safe to report crimes, and ensuring everyone in Las Cruces is treated with dignity.”

Attorneys and social workers shared stories about clients and families’ intersections with the immigration system and of heightened fears about any government interaction in light of the Trump administration’s escalating detentions of immigrants and deployment of National Guard personnel in several U.S. cities where civil resistance has grown in response to federal raids.

Several speakers stood up to oppose the resolution, arguing that it gave cover for unauthorized immigration and might tie the hands of local police.

“This is nothing more than political theater designed to prop up a few of our councilors,” local conservative activist Juan Garcia said.

Ahead of the vote, Mattiace — who was not on the City Council when the 2017 resolution was adopted — said he opposed it because extending protections to people who might not have legal status to be in the U.S. was “unlawful” in spirit.

Yet in swift order, the council voted5-2 on the amendments as well as the resolution itself. The result was met with cheers in English and Spanish from the gallery.