Guidance on Immigration Enforcement Issued by NM AG and Mescalero Apache Tribal Leaders

Via a New Mexico Department of Justice press release New Mexico Attorney General Raúl Torrez provides legal guidance to city, county and state community leaders in light of reports of crackdowns by ICE to facilities once deemed as sanctuary grounds. 

The Sovereign Nation of the Mescalero Apache tribe crafted a video of advice to it's members as a guide to their safety in response which may be viewed at https://www.facebook.com/share/v/18BYSr34sd/?mibextid=wwXIfr

In response to President Trump’s executive order rescinding longstanding federal protections for sensitive locations such as schools, churches, hospitals, and courthouses, the New Mexico Department of Justice (NMDOJ) has issued guidance to leaders of these critical spaces. This change in policy, reversing safeguards recognized by both Republican and Democratic administrations, underscores the urgent need for local leaders to understand their rights and responsibilities at the intersection of state and federal law.

The removal of sensitive location protections overlooks the vital role spaces like schools and hospitals play in supporting families and children. Disruptions in these places can jeopardize access to education, healthcare, and essential services, leaving families in crisis without the stability and support they need. The NMDOJ’s guidance is a vital resource to ensure these spaces remain accessible and welcoming for families and children while maintaining compliance with the law.

“Our priority is to protect New Mexico’s families, especially children, from policies that create fear and destabilize communities,” said Attorney General Raúl Torrez. “We are committed to upholding the rule of law and ensuring public safety, but we must also safeguard the ability of families and children to access education, healthcare, and justice without fear of persecution.”

“I support enhanced border security and targeted enforcement operations focused on cartel members, violent criminals and anyone who represents a national security risk to our nation,” Attorney General Torrez added. “But rounding up children, crime victims and sick people is beneath the dignity of a great nation.”

The publications released today also provide critical guidance in the wake of the Trump Administration’s unlawful threat of federal prosecution to force state and local officials to use their limited resources for immigration enforcement. “Threatening state and local officials with federal prosecution not only distorts the law but stains the reputation of a once proud institution,” said Attorney General Torrez. “As a former federal prosecutor who handled hundreds of immigration related cases, I know that this not only a distortion of our laws but a shameful departure from the proud traditions of an agency that is supposed to be dedicated to the advancement of justice.”

The guidance is designed to mitigate the chilling effects of immigration enforcement actions on individuals seeking essential services. The documents offer practical strategies for minimizing disruptions while adhering to state and federal laws. Key components of the publications include:

• Judicial Protections: Outlining the Fourth Amendment rights of individuals, emphasizing the distinction between administrative and judicial warrants, and clarifying protocols for managing immigration enforcement activities in public and nonpublic areas of court facilities.
• Community Safety: Addressing the impact of enforcement actions on victims of crime, including domestic violence survivors, and highlighting protections under the Violence Against Women Act (VAWA).
• Collaboration with Leaders:Encouraging schools, healthcare providers, and places of worship to develop policies that balance legal compliance with the need to maintain safe and welcoming environments.

For more information or to access the full list of guidance publications, please visit: Guidance on Immigration Enforcement – New Mexico Department of Justice

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