U.S. v. New Mexico

ICAP is defending the State of New Mexico and New Mexico Attorney General Raúl Torrez in defense of a newly enacted New Mexico law, the “Immigrant Safety Act.” This state law, also known as House Bill 9 prohibits local jurisdictions from contracting with ICE to provide detention facilities or entering into agreements with ICE by which local law enforcement are given the powers of federal immigration agents. The federal government claims that federal law preempts the state law and that it violates principles of intergovernmental immunity and the U.S. Constitution’s Contract Clause. The state’s decision to avoid voluntary participation in federal immigration enforcement is entirely lawful exercise of New Mexico’s sovereignty, and ICAP will continue to represent New Mexico in defending the constitutionality of this law.  As part of this litigation, the State and Attorney General Raúl Torrez have also filed a counterclaim challenging a contract entered into by Otero County, New Mexico to provide immigration-detention services as contrary to New Mexico’s public policy and the Tenth Amendment.