Albuquerque, New Mexico challenge federal lawsuit over ICE detention rules

Albuquerque and New Mexico are asking a federal judge to throw out a lawsuit that could determine how far local governments can go in limiting ICE access to public spaces and detention contracts. For Bernalillo County residents, the case reaches into city buildings, school campuses, courthouses and the larger question of whether local officials can refuse to help hold people for federal civil immigration violations.

The City of Albuquerque and state Attorney General Raúl Torrez each filed motions in U.S. District Court for the District of New Mexico to dismiss United States v. State of New Mexico et al., No. 1:26-cv-01471. The U.S. Department of Justice says the city ordinance and the state law are unconstitutional, invalid and overridden by federal authority, and it wants immediate injunctions to block both. Albuquerque and Torrez argue the opposite: that federal law does not force cities, counties and states to carry out immigration detention work for Washington.

At the center of the state dispute is House Bill 9, the Immigrant Safety Act. Legislative records show it passed the Senate on February 3, 2026, was signed by Gov. Michelle Lujan Grisham as Chapter 5, and is set to take effect in May 2026. The law bars municipalities from contracting with U.S. Immigration and Customs Enforcement to detain people for federal civil immigration violations. It also defines “public body” broadly, covering state and local governments, school districts and institutions of higher education, and requires existing civil detention agreements to end at the earliest date allowed under their terms. Torrez says a March 2026 contract to house ICE detainees at Otero County facilities is now void. The Justice Department says the law threatens nearly 300 jobs and the Otero County economy, while Otero County renewed its ICE detention contract in March despite the new law.

Albuquerque’s separate ordinance goes further inside city limits. The City Council approved Ordinance O-26-15, later enacted as O-2026-009, by a 5-4 vote on March 16, 2026. It bars ICE from using city property and from entering schools, courthouses and other areas without a warrant or an imminent threat. It also requires businesses to notify staff when immigration agents visit, and new businesses must post signs marking private and public areas. City materials say the rollout includes mandatory staff training and clear signage at Safer Community Places within 30 to 90 days.

In practical terms, the motions to dismiss do not change the rules on the ground unless a judge also steps in with an injunction. The next procedural step is for the court to decide whether the federal lawsuit can proceed at all. If the judge agrees with the city and the attorney general, the case could end early. If not, the litigation will move forward, leaving Albuquerque and New Mexico squarely in a broader fight over immigration enforcement, local control and who decides how public space is used.