President Trump Files Lawsuit Against Governor, Mayor Tim Keller, and NM Attorney General on Immigration Stance

Washington D.C., –

WASHINGTON — The United States has filed a complaint and motion for preliminary injunction against the State of New Mexico, New Mexico Governor Michelle Lujan Grisham, New Mexico Attorney General Raul Torrez, the City of Albuquerque, and Albuquerque Mayor Timothy Keller, alleging that the implementation of House Bill 9 (HB9), entitled the “Immigrant Safety Act,” and Albuquerque City Ordinance O-26-15, entitled the “Safer Community Places Ordinance (SCPO),” infringes on federal immigration enforcement authority.

Through HB9, the State of New Mexico is trying to abolish decades of long-standing, voluntary partnerships between local governments and federal authorities that are essential for enforcing immigration laws and keeping the federal immigration system running as Congress intended. Both HB9 and the SCPO seek to block federal agents from using any local government property to carry out their work. Additionally, by unlawfully requiring private businesses to tip off illegal aliens about immigration enforcement activities, the SCPO attempts to harbor and shield illegal aliens from detection by federal immigration authorities and poses an obstacle to the enforcement of federal immigration law.

“New Mexico is attempting to regulate immigration policy, something the federal government is clearly and uniquely empowered by the Constitution to do,” said Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division. “Our filings seek to halt the state’s unconstitutional actions by preserving cooperation between federal, state, and local law enforcement and allowing federal immigration officials to enforce the law.”

“The State of New Mexico and the City of Albuquerque seek to intentionally obstruct federal law enforcement by preventing cooperation between local governments and the federal government,” said First Assistant U.S. Attorney Ryan Ellison for the District of New Mexico. “HB9 and the SCPO unlawfully interfere with federal immigration enforcement, illegally discriminate against federal operations, and violate constitutional protections regarding contracts and federal supremacy. Additionally, by barring public entities from participating in federal immigration detention in New Mexico, HB9 jeopardizes nearly 300 jobs and the economy of Otero County. Our lawsuit asks the court to declare these laws invalid and issue an immediate injunction to stop them from being enforced.”

Upon taking office, President Trump declared a national emergency at the southern border to address a security and public safety crisis caused by previous Open Border policies. On February 5, 2025, the Attorney General instructed the Department’s Civil Division to identify state and local laws, policies, and practices that facilitate violations of federal immigration laws or impede lawful federal immigration operations. On August 5, 2025, the Attorney General published a list of sanctuary jurisdictions, which included Albuquerque, and vowed to bring litigation to end these policies nationwide. Today’s lawsuit in New Mexico is the latest in a series of lawsuits targeting illegal sanctuary jurisdiction policies across the country.

Under President Trump’s mandate, the federal government is exercising its proper constitutional authority to remove criminal aliens from the United States. Central to this mission are long-standing, voluntary agreements between federal and local agencies that allow state and local officials to assist with the investigation, transportation, and detention of illegal aliens. The federal government relies heavily on these partnerships, which have operated successfully in New Mexico for decades, to fulfill its immigration enforcement duties and keep New Mexicans safe.

The case is United States v. State of New Mexico et al., No. 1:26-cv-01471 in U.S. District Court for the District of New Mexico.

We reached out to the the Governor’s office, Mayor Keller’s office, and NM DOJ Torrez’s office to see if they have any comment.

It should note that when a state, county, and municipal go against federal mandates, federal funding for programs is withheld.

STATEMENTS:

Attorney General Raúl Torrez:

“The New Mexico Legislature passed this law after extensive consideration of documented harms occurring in immigration detention facilities operating in this state — inadequate medical care, deaths in custody, and conditions that fell well below acceptable standards. The Legislature made a considered judgment that New Mexico’s government, its employees, and its publicly funded facilities should not be instruments of a detention system that has caused serious and preventable harm to people held within our borders. That is precisely the kind of policy judgment that belongs to the states.  

“The Constitution reserves to the states the power to govern their own affairs — including how state and local personnel are deployed and how publicly funded facilities are used. Federal agents remain free to enforce federal immigration law. They may make arrests, conduct investigations, and carry out removals. What they may not do is compel New Mexico’s officers, employees, and institutions to administer federal enforcement priorities the state has chosen not to adopt. The federal government has its own personnel and its own resources. It does not have a constitutional right to New Mexico’s.  

“This lawsuit asks a federal court to override a democratically enacted state law because the administration disagrees with the policy choice the Legislature made. That is not a constitutional argument. It is an attempt to use federal litigation to reverse an outcome the administration dislikes. We will see them in court.” 

Albuquerque Mayor Tim Keller

“I will always stand up for the safety, rights, and dignity of Albuquerque residents. Our policies ensure ALL families can call 911, send their kids to school, and access City services without fear, while making clear that City resources are not tools for federal immigration raids. We are ready to defend our community, our values, and our public safety in court.”