Alamogordo NM
9-20-2025 11:01pm

Alamogordo Native Ryan Ellison Faces Legal Challenge Over U.S. Attorney Appointment and Immigration Strategy

Alamogordo Native Ryan Ellison Faces Legal Challenge Over U.S. Attorney Appointment and Immigration Strategy - AlamogordoTownNews.org

New Mexico — A federal defense motion filed September 10, 2025, has placed Alamogordo native Ryan Ellison at the center of a high-stakes legal and political controversy. The motion challenges the legitimacy of Ellison’s appointment as Acting U.S. Attorney for the District of New Mexico, arguing that the Trump administration improperly extended his tenure without Senate confirmation. It also questions his authority to oversee criminal prosecutions—particularly those tied to immigration enforcement along the southern border.

While the motion was filed in a federal case out of Shiprock, its implications stretch statewide and resonate deeply in Alamogordo, where Ellison’s upbringing and early education laid the foundation for his rise in federal law enforcement.

Local Roots, National Role

Born and raised in Alamogordo, the largest city in Otero County, Ellison graduated from the University of Arizona in 2010 with a degree in business. He went on to earn both a Juris Doctor and a Master of Business Administration from Texas Tech University in 2013. After law school, he served as an Assistant District Attorney in Texas before joining the U.S. Attorney’s Office in Las Cruces in 2018.

During his tenure there, Ellison led the prosecution of the Syndicato de Nuevo Mexico (SNM) prison gang, resulting in charges against more than 175 members. His work earned recognition for dismantling one of the state’s most violent criminal networks.

In April 2025, following the resignation of his predecessor, Ellison was appointed U.S. Attorney for the District of New Mexico by Attorney General Pam Bondi. After his 120-day interim term expired, he was re-designated as Acting U.S. Attorney in August—a move now under legal scrutiny.

Immigration Enforcement and Judicial Backlash

Since May, Ellison’s office has aggressively prosecuted migrants under a new charge: trespassing in a national defense area. This charge stems from the Trump administration’s designation of a military buffer zone along the New Mexico border.

Critics argue the designation—and Ellison’s enforcement of it—amounts to criminalizing presence in historically open desert terrain. In July, a federal judge dismissed a case with prejudice, citing Ellison’s office for violating defendants’ constitutional rights. The court found a pattern of deporting individuals while charges were pending, denying them due process under the Fifth and Sixth Amendments.

Ellison’s office has also dismissed several cases due to confusion over the boundaries of the new military zone, raising questions about the legal clarity of the enforcement area.

Claimed Success Amid Scrutiny

Despite legal setbacks, Ellison has defended his strategy. In an August statement, his office reported a 180% increase in immigration-related prosecutions and a 92% decrease in illegal crossings within the designated zone. Supporters point to these numbers as evidence of deterrence; critics argue they reflect overreach and constitutional violations.

Ellison has cited his Alamogordo upbringing as a driving force behind his commitment to public safety and border enforcement, framing his work as a continuation of his service to the state.

Legal Challenge and Broader Implications

The September 10th, 2025 motion, filed by assistant federal public defender Buck Glanz, argues that Ellison’s continued role violates the Federal Vacancies Reform Act. A panel of New Mexico federal judges declined to approve Ellison’s extension or appoint a replacement, leaving the DOJ’s workaround in place.

The motion seeks dismissal of charges in U.S. v. Joshua Black, a case unrelated to immigration, but uses the filing to spotlight Ellison’s broader enforcement agenda and the judicial criticism it has received.

Alamogordo’s Role in the Conversation

For Alamogordo residents, the controversy surrounding Ellison is more than a distant legal debate—it’s a reflection of how national policy intersects with local leadership. Ellison’s rise from Otero County to the federal stage embodies the complexities of border enforcement, constitutional law, and political appointment processes.

Local advocates for transparency and judicial integrity have expressed concern over the lack of Senate oversight and the potential erosion of due process. Others in the community, continue to support Ellison’s efforts.

Looking Ahead

Ellison remains in office while awaiting potential formal nomination. His vetting documents were submitted to New Mexico Senators Martin Heinrich and Ben Ray Luján in early August. Whether the Senate will confirm him—or whether the courts will intervene until senate confirmation —remains to be seen.

In the meantime, Alamogordo watches one of its own navigate the highest levels of legal scrutiny, with implications that stretch from the desert borderlands to the halls of Congress.

Byline: Chris Edwards is a community journalist and media executive with 2nd Life Media Inc. based in Alamogordo, New Mexico. He covers civic affairs, sports, public safety, and legacy storytelling across Otero County and beyond.

Sources:

Bloomberg Law: New Mexico Acting US Attorney Faces Rejection Bid in Trump Trend

Albuquerque Journal: US Attorney's 'acting' appointment challenged as invalid

Source New Mexico: Department of Justice extends New Mexico US attorney's term amid judicial, Senate criticism

AP News: Migrants face a novel criminal charge in new border zone in New Mexico

Source New Mexico: Confusion reigns in New Mexico's militarized border zone

Source New Mexico: Federal judge dismisses trespass charges against migrants caught in NM military zone

Reuters: US judge dismisses charges against migrants caught in military zone

Al Jazeera: US judge dismisses case against migrants caught in new military zone

Source New Mexico: Department of Justice extends New Mexico US attorney's term amid judicial, Senate criticism

KOB.com: US attorney for New Mexico: Masked ICE agents are out of his purview

Source New Mexico: U.S Attorney announces first convictions for trespassing in NM border zone

KOB.com: 4 Investigates: Trump-appointed US attorney for New Mexico resets DOJ priorities

Source New Mexico: Department of Justice extends New Mexico US attorney's term amid judicial, Senate criticism

Cibola Citizen: Statement Regarding United States Attorney Ryan Ellison’s Acting Appointment

DOJ Statement

Federal Court Records 

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