DOJ threatens (again) to withhold funds from Bernalillo County over immigration info sharing

The U.S. Department of Justice is again threatening to withhold some crimefighting funds from Bernalillo County over what the Trump administration has called “sanctuary” policies. The DOJ contacted Bernalillo County and 22 other jurisdictions, including New York City and the states of California, Illinois and Oregon, saying they violated the law that promotes sharing immigration […]

DOJ threatens (again) to withhold funds from Bernalillo County over immigration info sharing

The U.S. Department of Justice is again threatening to withhold some crimefighting funds from Bernalillo County over what the Trump administration has called “sanctuary” policies.

The DOJ contacted Bernalillo County and 22 other jurisdictions, including New York City and the states of California, Illinois and Oregon, saying they violated the law that promotes sharing immigration enforcement information with the federal government.

DOJ says the statute requires cooperation as a condition for receiving grants through the Edward Byrne Memorial Justice Assistance Grant Program.

Wednesday, DOJ threatened to subpoena officials who do not comply with their documents request. The threat is the latest in the fight between the federal government and local jurisdictions they deem as “sanctuary.” There is no formal definition of a so-called “sanctuary” city or county, though the Trump administration generally uses it to refer to local jurisdictions that do not fully comply with federal requests to aid enforcement of immigration law.

Bernalillo County Commissioner Steven Michael Quezada said he that he is not going to back down, even with the threats from the DOJ.

“I’m going to keep my feet firmly on the ground in this position,” he told NM Political Report Wednesday.

Quezada said the grant would not “close down the sheriff’s department” and said the sheriff’s department was already busy working to enforce the law in the county without doing the job of the federal government on immigration.

“I continue to urge all jurisdictions under review to reconsider policies that place the safety of their communities and their residents at risk,” U.S. Attorney General Jeff Sessions said in a statement. “Protecting criminal aliens from federal immigration authorities defies common sense and undermines the rule of law. We have seen too many examples of the threat to public safety represented by jurisdictions that actively thwart the federal government’s immigration enforcement—enough is enough.”

Peter Simonson, the executive director of the American Civil Liberties Union of New Mexico, wasn’t quite sure the point of the letter, given recent court decisions, calling it “all just a bit of rant and bluster that ultimately is going to come to nothing.”

“It’s not really entirely clear what they think they are going to gain by bullying states and local governments at this point,” Simonson said. “The federal courts have repeatedly rejected their attempts to force governments to participate in the enforcement of immigration law.

The Byrne JAG grant program is flexible and the funds can be used in a number of ways, from funding for corrections to mental health programs.

Previously, the Department of Justice threatened to withhold Public Safety Partnership funds from the city of Albuquerque over what it called sanctuary policies. Then-mayor Richard Berry denied that Albuquerque was a sanctuary city, and noted that no U.S. Department of Homeland Security employees were assigned to a space provided by the city of Albuquerque for U.S. Immigration and Customs Enforcement.

Last year, the Bernalillo County Commission voted against rolling back its immigrant-friendly status.

Quezada said he was willing to look at some small changes to the immigrant-friendly policy he sponsored, and which passed on a 4-1 vote, but not the underlying principles.

“If they want changes, if they want to rewrite stuff, if they want to change the name [I’m willing to talk],” Quezada said. “But at the end of the day, I’m not going to use country resources to do the federal government’s job.”

Simonson was critical of the DOJ over immigration efforts.

“One of the greatest ironies behind this whole debate is that the highest agency in the country that is responsible for enforcing our system of laws is so contemptuous of the constitutional laws that limit their own authority,” he said.

Gabriela Hernandez, executive director of NM Dream Team and southwest regional organizer for United We Dream, slammed the DOJ’s latest move.

“This latest threat tries to corner local law enforcement agencies into complying with Trump’s deportation machine by forcing them to act as immigration agents,” Hernandez said. “This will only erode the immigrant community trust with local law enforcement and it is detrimental to the safety and well being of Bernalillo residents overall as this will have a chilling effect with people’s motivation to report crime.”

The reaction didn’t just come from New Mexico. A number of mayors said they would boycott a meeting between mayors and White House officials because of the DOJ threats.

Quezada looked at a larger purpose.

“Human rights trump any other kind of rights,” Quezada said.

Update: Added quotes from Peter Simonson.

DOJ Letter to BernCo by New Mexico Political Report on Scribd

We're ad free

That means that we rely on support from readers like you. Help us keep reporting on the most important New Mexico Stories by donating today.

Related

How Native families are particularly impacted by food insecurity

How Native families are particularly impacted by food insecurity

One in five children in New Mexico and one in seven people in the state experience food insecurity, according to a report presented to…
New Mexico in critical nursing shortage

New Mexico in critical nursing shortage

With 8,800 nurse positions posted for hiring in New Mexico, hospital leadership told the Legislative Health and Human Services Committee on Tuesday that access…
WNMU: Grow your own rural healthcare providers pipeline 

WNMU: Grow your own rural healthcare providers pipeline 

Western New Mexico University wants to create a pipeline of programs with a rural healthcare focus to try to address the medical provider shortage…
Air Force extends comment period on low-altitude flights in the Gila area

Air Force extends comment period on low-altitude flights in the Gila area

Following requests from members of New Mexico’s congressional delegation, the U.S. Air Force has extended the comment period on a proposal to increase low-altitude…
PRC raises community solar cap by 300 megawatts

PRC raises community solar cap by 300 megawatts

State regulators are increasing the amount of community solar that can come online in New Mexico. During its Thursday meeting, the New Mexico Public…
NM regulators look into how the electric grid may impact economic development

NM regulators look into how the electric grid may impact economic development

The New Mexico Public Regulation Commission opened an inquiry this week into grid readiness. This inquiry focuses on whether the electric grid can handle…
Early childhood summit convened to discuss future of program

Early childhood summit convened to discuss future of program

About 200 people from tribal governors to legislators to advocates and teachers gathered at Bishop’s Lodge to discuss Early Childhood Education’s future in New…
Stansbury outlines funding secured for early childhood and youth services programs

Stansbury outlines funding secured for early childhood and youth services programs

U.S. Rep. Melanie Stansbury secured $8.3 million for childhood development and youth services in the 1st congressional district through federal community project funding. Stansbury,…
Amid new graduation requirements, what do high schoolers want to learn?

Amid new graduation requirements, what do high schoolers want to learn?

By Margaret O’Hara, The Santa Fe New Mexican The main things that bring Brayan Chavez to school every day: Seeing, talking to and engaging with…
Heinrich introduces legislation to address affordable housing

Heinrich introduces legislation to address affordable housing

U.S. Sen. Martin Heinrich, D-New Mexico, introduced legislation in the Senate on Monday that would provide tax credits to incentivize new investments and additional…
New Mexico in critical nursing shortage

New Mexico in critical nursing shortage

With 8,800 nurse positions posted for hiring in New Mexico, hospital leadership told the Legislative Health and Human Services Committee on Tuesday that access…
As rhetoric around undocumented workers heats up, new report shows their tax contribution

As rhetoric around undocumented workers heats up, new report shows their tax contribution

A nonprofit group released data showing how much taxes migrants pay in the U.S. as rhetoric on immigration grows more prominent just months from…
Heinrich helps introduce resolution in response to death of Amber Nicole Thurman

Heinrich helps introduce resolution in response to death of Amber Nicole Thurman

U.S. Sen. Martin Heinrich helped to introduce a resolution on Tuesday in the Senate that every patient has the basic right to emergency health…
Project 2025: How a consolidation of federal power could ban abortion

Project 2025: How a consolidation of federal power could ban abortion

If Project 2025 becomes federal policy next year, it would upend abortion rights and reproductive healthcare through a reshaping of and consolidation of power…
New abortion clinic in Las Cruces expected to provide more abortion training

New abortion clinic in Las Cruces expected to provide more abortion training

One of the consequences of the U.S. Supreme Court’s Dobbs decision is the lack of abortion care training for medical residents training to become…
New Mexico in critical nursing shortage

New Mexico in critical nursing shortage

With 8,800 nurse positions posted for hiring in New Mexico, hospital leadership told the Legislative Health and Human Services Committee on Tuesday that access…
Heinrich helps introduce resolution in response to death of Amber Nicole Thurman

Heinrich helps introduce resolution in response to death of Amber Nicole Thurman

U.S. Sen. Martin Heinrich helped to introduce a resolution on Tuesday in the Senate that every patient has the basic right to emergency health…
WNMU: Grow your own rural healthcare providers pipeline 

WNMU: Grow your own rural healthcare providers pipeline 

Western New Mexico University wants to create a pipeline of programs with a rural healthcare focus to try to address the medical provider shortage…
Oil-and-gas giant gives big to dark money group

Oil-and-gas giant gives big to dark money group

By Trip Jennings, New Mexico In Depth Chevron Corporation gave the single largest contribution to a dark money group that attempted but failed to…
Survey shows candidates are for legislative reform, unsure about ranked choice voting

Survey shows candidates are for legislative reform, unsure about ranked choice voting

A survey by four nonprofit organizations showed that candidates for state and federal office support pro-democracy and government reform, according to those groups. Common…
Project 2025 takes aim at elections: ‘Sowing the seeds of doubt’

Project 2025 takes aim at elections: ‘Sowing the seeds of doubt’

Project 2025, a political agenda by conservative think tank The Heritage Foundation, seeks to empower the next conservative president towards what appears to be…
Torrez announces legislation priorities to protect victims of sexual assault

Torrez announces legislation priorities to protect victims of sexual assault

New Mexico Attorney General Raúl Torrez unveiled two legislative priorities to expand crime victim protections on Friday. Torrez held a press conference in Albuquerque…
PRC raises community solar cap by 300 megawatts

PRC raises community solar cap by 300 megawatts

State regulators are increasing the amount of community solar that can come online in New Mexico. During its Thursday meeting, the New Mexico Public…
Backlash continues over proposed low-altitude military flights in the Gila region

Backlash continues over proposed low-altitude military flights in the Gila region

A proposal that would lead to lower altitude military training flights over the Gila National Forest, including the wilderness area, has led to backlash…

GET INVOLVED

© 2023 New Mexico Political Report