In July 2020, ICAP partnered with then-Bernalillo County District Attorney Raúl Torrez to file a pioneering civil lawsuit against the New Mexico Civil Guard, a self-styled militia. The litigation arose following a violent confrontation at a protest centered on the statue of Juan de Oñate in Albuquerque, where New Mexico Civil Guard members appeared in military-style tactical gear, armed with assault rifles, and acted as a self-appointed security force. ICAP argued that the group’s conduct violated the New Mexico Constitution and state statutes that prohibit private bodies from operating as military units or usurping the role of official law enforcement—actions that undermine public safety and chill the exercise of First Amendment rights by peaceful protesters.
The case resulted in a landmark victory for the rule of law and a significant blow to the “private militia” movement. In October 2022, a New Mexico district court issued a permanent injunction against the New Mexico Civil Guard and its leadership. The court ordered the group to cease operating as a military unit and prohibited its members from acting as law enforcement during any public demonstration.
