New Mexico moves to dismiss federal lawsuit against Immigrant Safety Act

SANTA FE, N.M. (KVIA) -- Tuesday, New Mexico Attorney General Raúl Torrez moved to dismiss a federal lawsuit challenging the Immigrant Safety Act. The law that bans state and local government entities from entering agreements to detain, investigate or apprehend people for civil immigration laws.

The motion to dismiss argued the Trump administration can't override the state's right to decide how its law enforcement resources are used, according to the New Mexico Department of Justice.

Additionally, NMDOJ said the motion argued the federal government can still detain immigrants in its own facilities, contract with private companies or build new facilities in the state. However, HB 9 means New Mexico's public resources aren't part of those efforts.

NMDOJ said the Legislature's decision to pass the law, also known as House Bill 9, was informed in part by problems at the Otero County Processing Center, the only publicly-owned detention facility covered by the law.

The state's justice department cited the death of a 31-year-old man in immigration custody, overcrowding, unsanitary conditions and allegations of retaliatory use of solitary confinement against detainees. The facility operates under intergovernmental agreements with ICE, NMDOJ said.