OPINION: Bregman is misleading New Mexicans about the law

Bernalillo County District Attorney Sam Bregman has chosen political theater over public safety. His recent threat to “prosecute” federal agents for enforcing federal law is legally wrong and reckless. It misleads the public, encourages confrontation with law enforcement and promotes a false narrative that could get someone seriously injured or killed.

Start with the basic fact Bregman refuses to acknowledge. He has no jurisdiction over federal agents performing federal duties. A county DA cannot arrest or prosecute federal officers for enforcing federal immigration law. The Supremacy Clause makes that clear. Federal agents operate under federal authority, federal statutes and federal constitutional standards. Any alleged misconduct is addressed in federal court, not by a county prosecutor seeking headlines.

Bregman’s claim that Immigration and Customs Enforcement agents will be charged by his office for “false imprisonment” if they detain someone without a judicial warrant is simply false. It reflects either a shocking ignorance of law and jurisdiction, or an insidious willingness to intentionally misrepresent the law for political gain. Either explanation should alarm the public.

What makes Bregman’s conduct worse is the danger it creates. A real DA who cares about objectively enforcing the law would be reminding citizens of a fundamental rule. If you believe law enforcement is violating your rights, you comply first and challenge it later in court. Fighting with agents, resisting commands or attempting to flee never improves your legal position and often ends in tragedy.

Federal law is explicit. Interfering with, impeding or assaulting federal officers engaged in their official duties is a serious federal crime under 18 U.S.C. §111. Obstruction of federal enforcement carries its own penalties. These statutes are not academic. They carry real prison sentences, and they apply regardless of political slogans or social media outrage.

Recent history makes this painfully clear. In Minneapolis, an armed man resisted multiple agents rather than obey commands and, if necessary, resolve his claims in court. The outcome was predictable and fatal. In another case, a suspect ordered to exit a vehicle chose instead to flee, triggering events that ended with the loss of her life. These are not examples of civil resistance. They are preventable tragedies caused by defiance of law enforcement commands in moments when compliance would have saved their lives.

“Save it for court” is not submission. It is how rights are actually protected. Judges exist for a reason. So do suppression motions, civil actions and constitutional remedies. No one has ever improved their situation by arguing constitutional law on the roadside or physically fighting with armed officers.

Instead of reinforcing this critical reality, Bregman does the opposite. He signals to the public that federal agents are acting unlawfully and that his office will intervene. That suggestion is false. Worse, it dangerously invites citizens to believe they are shielded from consequences if they resist. They are not.

Bregman also ignores the practical reality that federal immigration agents are enforcing laws passed by Congress and upheld by federal courts. They frequently target violent offenders, traffickers and repeat criminal aliens. Undermining their authority does nothing to make New Mexico safer.

If Bregman was serious about public safety, his message would be simple. Do not interfere with law enforcement. Do not resist. Do not fight. If your rights were violated, document it and take it to court. That is how the rule of law functions.

Instead, he pretends to possess powers he does not have, spreads legal misinformation and prioritizes partisan applause over public safety. That is not prosecutorial leadership. It is political hackery, and it puts lives at risk.

Reeve Swainston is a retired U.S. attorney. He lives in Albuquerque.