Policies across state, Bernalillo County at odds with immigration crackdown

President Donald Trump’s plans for an immigration crackdown and possible mass deportations could be headed for a clash with immigrant-friendly policies in New Mexico.

Directives within the justice system, schools and hospitals across the state prevent the documentation of immigration status or collaboration with enforcement.

Acting U.S. Deputy Attorney General Emil Bove sent a memo this week ordering the Justice Department to investigate state and local leaders who may be interfering with immigration enforcement and to “identify state and local laws and policies that ‘threaten to impede’ the Trump administration’s immigration efforts.”

Bove said the probe could lead to criminal charges for any officials impeding operations by Immigration and Customs Enforcement.

Additionally, the Trump administration announced it would allow federal immigration agencies such as ICE to make arrests at schools, churches and hospitals, ending a 2011 ban on the practice.

In New Mexico, where immigrant-friendly ordinances are in place in jurisdictions from the southern border to northern mountain towns, the memo was met by local and state leaders with deference, ambiguity and resistance.

Those entrusted with tackling and prosecuting crime in the state’s largest jurisdiction say it’s not driven by immigrants, and that a fear of deportation could lead to less crime being reported.

A spokeswoman for the Republican Party of New Mexico declined to comment Thursday, saying they didn’t have time to write a statement.

“I expect New Mexico’s public officials to uphold the Constitution and their duties under law, and not be swayed or intimidated by politically motivated threats,” Gov. Michelle Lujan Grisham said in a statement.

U.S. Rep. Gabe Vasquez, a first generation Mexican-American, said he was “deeply concerned” about Trump’s proposed crackdowns.

“I’ve met with immigrant families, ranchers, farm workers, small business owners, faith leaders, and law enforcement agencies and they all want the same thing: less posturing and more solutions that work for everybody,” the 2nd District Democrat said during a news conference Thursday.

U.S. Attorney for the District of New Mexico Alexander M.M. Uballez said, through a spokesperson, that his office had received Bove’s memorandum “with interim policy changes regarding charging, sentencing, and immigration enforcement.”

“The United States Attorney serves at the pleasure of the President and under the direction of the Attorney General,” Uballez said. “Therefore, we will always pursue the policy priorities of the Attorney General and his leadership team, tailoring them to local needs, the resources available to address the many responsibilities of the U.S. Attorney’s Office, and, above all, the safety of New Mexicans.”

The U.S. Attorney’s Office did not answer specific questions on the matter.

Since Trump’s flurry of immigration policy changes, there have been false alarms of ICE agents going into hospitals and other places around New Mexico.

The Mescalero Apache president said the tribe had verified one incident Thursday afternoon in Ruidoso, where ICE agents questioned a family and, separately, a tribal member standing in line in a public place.

Thora Walsh-Padilla, on Facebook, said an agent asked to see the tribal member’s ID and, afterward, “did not continue questions” and left. Walsh-Padilla advised tribal members to let relatives know where they are and carry “multiple forms of identification.”

Walsh-Padilla said the tribal member reported that the family in front of them “was escorted outside” by ICE agents. It is unclear what happened to the family.

An ICE spokeswoman did not immediately respond to questions.

Law and border

State criminal justice leaders struck a different tone than their federal counterparts.

“I will in no way assist with the recent executive orders involving immigration,” said 2nd Judicial District Attorney Sam Bregman, who oversees the largest criminal caseload in the state.

The immigrant community will be far less likely to come forward as a victim or witness with the possibility of deportation hanging over them, he said Thursday.

“Driving this population underground will undoubtedly lead to more crime going unpunished, leaving more criminals on our streets,” Bregman said. “I want to make it very clear to our immigrant population that no person will ever be targeted, detained, or prosecuted, simply due to their residency status or the color of their skin in my jurisdiction.”

New Mexico Attorney General Raúl Torrez called Trump’s threat “unlawful” and released guidance for leaders of law enforcement agencies, courthouses, hospitals, schools and churches. Torrez said in a statement, “Our priority is to protect New Mexico’s families, especially children, from policies that create fear and destabilize communities.”

Albuquerque Police Department Chief Harold Medina said crime in the city is not being driven by immigrants. He said most of it is done at the hands of locals wrapped up in domestic issues, drug abuse and gun violence.

“I just don’t want the people of Albuquerque to feel like by doing mass deportations, all of a sudden, tomorrow, Albuquerque is going to wake up and be safe. It’s really not realistic,” Medina said.

APD policy directs officers to not “stop, question, detain or arrest” anyone based on immigration status or seek proof of citizenship unless “pertinent” to an investigation. The policy states officers will accept a Mexican license as valid form of ID and cannot notify federal immigration officials of an investigation unless there is suspected human trafficking, in which case they must get APD supervisor approval.

Officers will continue to arrest property and violent crime offenders, whether here illegally or not, Medina said, before musing, “You know, maybe we could open some rehabs, and that would have a bigger impact on some of the crime that we see in Albuquerque.”

The Bernalillo County Sheriff’s Office has no specific policies geared toward immigrants.

“Since federal entities handle immigration enforcement... We do not document immigration status,” BCSO spokeswoman Jayme Gonzales told the Journal. BCSO policy does state that any requested assistance by an outside agency be approved by the sheriff or, in time-sensitive situations, a supervisor.

The Bernalillo County Metropolitan Detention Center has policies that the facility will not detain or delay the release of someone at the behest of ICE. However, once an inmate under an ICE warrant or detainer is released from jail, records staff will notify ICE of the release.

Officials with the Bernalillo County Metropolitan Court said “it’s too premature to comment” on Bove’s memo, but shared the courthouse access policy which took effect in 2018.

The policy states that no local, state or federal law enforcement officers or agents, which includes ICE, may arrest, detain or hold anyone in the courthouse except by court order, arrest warrant or “to secure immediate public safety threat.”

We ‘don’t work for Trump’

Almost 20 different policies, ordinances and resolutions geared toward protecting immigrants are in place in the state. They sometimes cover entire counties, police forces and colleges.

A few have been in place for more than a decade, like Doña Ana County’s 2014 resolution “Safe Community For All Residents,” which prohibits county resources from assisting ICE or gathering immigration information on residents.

Both the cities of Albuquerque and Santa Fe and Bernalillo County have similar policy on the books, known as “immigrant friendly” ordinances.

Albuquerque Mayor Tim Keller put it simply: “We run our city without asking people’s (immigration) status, and so that’s all it is.” That means there is also no data related to immigration because, through the city ordinance, they are not allowed to track it.

“We know that we were elected by the city... We literally don’t work for Trump or the Department of Justice, so we’re going to keep doing our job,” Keller said. “We’ve seen how that can get complicated, and even difficult sometimes, with respect to games that the federal government may play... But we’re used to that. It’s not our first rodeo, so we’ll be ready, just like we were last time.”

Bernalillo County spokeswoman Tia Bland, in response to questions on Bove’s memo, said “The county’s legal team is reviewing the matter.”

Many schools, hospitals and churches treat the matter similarly.

Albuquerque and Santa Fe public schools have policies that ban immigration agents on campuses, but the latter makes an exception: if they have a warrant. Albuquerque schools have a policy to deny any immigration-related order by law enforcement and report it to staff.

“Neither the Constitution of the State of New Mexico nor New Mexico State law establishes citizenship as a requirement for school-age children to attend public school,” an APS spokesman said in a statement. “... We do not collect or maintain information on the immigration status of any student. APS does not track or keep records of any student’s immigration status.”

The spokesman said APS has been training principals and other staff so they “are aware of these protocols and that they are being followed.”

Executive Vice President Mike Richards, with the University of New Mexico Health Systems, sent an email Jan. 10 reiterating they do not check immigration status of patients and that UNMH staff should “not interact with federal agents who may appear on campus.”

“As these issues evolve and guidance may change, we will continue to keep you updated,” Richards said in the email.

On Tuesday, Archbishop of Santa Fe John C. Wester said in a statement that mass deportation of immigrants “is not the answer.”

“We must not treat them as mere pawns in a game of chess nor politicize them,” Wester wrote. “Instead, we must place their needs and concerns at the forefront of our debates, considering both the citizens of our nation and those seeking refuge at our borders.”

In the letter, he recalled a visit to a family in Honduras whose home was “riddled with bullets because their son would not join a gang.”

Wester wrote that immigrants, whether fleeing “dire situations” abroad or not, are a benefit to our country — increasing the labor force and creating jobs.

“It is a fact that immigrants are among the most law-abiding, religious, hardworking, and community-minded individuals in our country,” he wrote. “It is imperative that we reassess how we treat our fellow humans, both within our borders and beyond.”

Journal staff writer Gillian Barkhurst and The Associated Press contributed to this report. Matthew Reisen covers criminal justice for the Albuquerque Journal. Follow him on Twitter at @MReisen88, call him at (505) 823-3563 or reach him via email at mreisen@abqjournal.com.