The Trump administration has moved from rhetoric to litigation by filing a federal complaint and motion for preliminary injunction against the State of New Mexico, Governor Michelle Lujan Grisham, Attorney General Raul Torrez, the City of Albuquerque, and Mayor Timothy Keller. The case, United States v. State of New Mexico et al., No. 1:26-cv-01471, is now before the U.S. District Court for the District of New Mexico.
The Justice Department alleges that two measures—New Mexico’s HB9, dubbed the “Immigrant Safety Act,” and Albuquerque’s ordinance O-26-15, known as the “Safer Community Places Ordinance”—violate federal supremacy and infringe on immigration enforcement authority reserved exclusively to the U.S. government under the Constitution.
The complaint states that HB9 would dismantle longstanding voluntary partnerships between local governments and federal authorities that have supported immigration enforcement operations for years. Both laws, according to the Department, prohibit federal agents from utilizing local government property during immigration compliance work. The Albuquerque ordinance further alleges it compels private businesses to notify illegal aliens of impending federal immigration enforcement activities.
Assistant Attorney General Brett Shumate asserted that “New Mexico is attempting to regulate immigration policy, something the federal government is clearly and uniquely empowered by the Constitution” to control. First Assistant U.S. Attorney Ryan Ellison added that the state and city “seek to intentionally obstruct federal law enforcement by preventing cooperation between local governments and the federal government.” The Department also claimed HB9 risks nearly 300 jobs in Otero County by blocking public entities from participating in federal immigration detention operations.
The lawsuit transforms this sanctuary-policy dispute into active federal litigation, demanding a court declaration of invalidity for the state and city measures under constitutional law and immediate injunctive relief to halt provisions allegedly obstructing immigration enforcement cooperation. While the claims remain allegations—no court has ruled on liability—the filing shifts the conflict from political posturing to judicial review.
The administration maintains that states cannot independently govern immigration policy, noting New Mexico’s actions represent a direct challenge to federal authority. A federal judge will now determine whether Albuquerque and New Mexico have exceeded constitutional boundaries in their enforcement approaches.