DA Bregman Threatens Arrest of ICE Agents in Bernalillo County

Albuquerque – The District Attorney for the largest county in New Mexico is threatening to arrest ICE agents if they break New Mexico law. District Attorney Sam Bregman sent a letter to Bill Shaw, the ERO ICE Assistant Field Office Director.

The letter’s main emphasis is ICE Agents not having a signed warrant, reasonable suspicion, or probable cause detaining and arresting people within Bernalillo County.

A portion of the letter states:

False imprisonment is a felony under New Mexico law. NMSA 1978, § 30-4-3 provides: “False imprisonment consists of intentionally confining or restraining another person without his consent and with knowledge that he has no lawful authority to do so.” There is no exception under New Mexico law for law enforcement officers who detain or restrain a person without lawful authority. Unless an ICE Officer has a valid warrant, lawful authority for restraint or detention under New Mexico and Federal law requires either reasonable suspicion or probable cause.    

Therefore, any ICE agent who, without a signed warrant and without reasonable suspicion or probable cause, detains, confines or restrains a person in Bernalillo County may be subject to prosecution.  

We reached out to the regional DHS spokeswoman for comment about this letter and have not heard back.