Lawmakers hear accounts of informal ICE handoffs in New Mexico

Immigrant rights attorneys testified before the New Mexico Courts, Corrections and Justice Committee on Friday that local law enforcement agencies are actively assisting Immigration and Customs Enforcement officers. The legal teams presented evidence of informal handoffs occurring between county officials and federal agents, a practice they argue bypasses state restrictions on formal agreements.

The state Legislature has passed laws since 2005 to limit formal cooperation between local police and immigration enforcement. However, witnesses cited specific instances where deputies routed detainees to ICE after routine traffic stops. One example involved a Sandoval County deputy meeting ICE agents in a store parking lot to transfer a man he had just pulled over. Another witness described a man released after a DUI charge who found ICE agents waiting for him outside the courthouse.

Teague González, executive director of the New Mexico Immigrant Law Center, noted that the Immigrant Safety Act, or House Bill 9, barred formal agreements that allow ICE to deputize local officers. She stated that the law did not prohibit informal communication. "It does not bar local city or county police in any city or county in New Mexico from informally calling ICE," González said. She argued that a statewide rule is needed because the current patchwork of county decisions leads to inconsistent outcomes.

Billy Massingill, the Eddy County Detention Center warden, confirmed his office has notified the Department of Homeland Security of suspected noncitizens booked into the jail since 2012. He said at least 202 people have been handed over to immigration authorities from Eddy County since February 2025. Massingill emphasized that his county does not hold immigration detainees and will not keep individuals if agents do not arrive for their release. "But nothing that I know of says that you can't converse," he told reporters.

Public records requests revealed emails showing county officials notifying federal agents of bookings and release times. In one chain from September 2025, an ICE agent responded to Massingill's notification by saying, "Someone will be en route shortly Sir. Thanks for the heads up." Gabriela Ibañez Guzmán, a staff attorney with Somos un Pueblo Unido, testified that immigration arrests across New Mexico increased from 20 in July 2024 to 700 in July 2026.

González reported that attorneys have spoken with more than 500 detainees, and at least 232 of them reported entering ICE custody through transfer from local law enforcement in arrests made since January 2025. She described the conditions in detention centers as poor, citing a spike in detainees needing emergency care. The groups are currently requesting records of communications from jurisdictions statewide to identify other instances of collaboration.

Sen. Antoinette Sedillo Lopez, D-Albuquerque, called the practice of sharing booking information "despicable." She said she was disappointed to see legislation that was passed not followed by law enforcement. Rep. John Block, R-Alamogordo, questioned whether new legislation would prevent the transfer of individuals charged with serious crimes. He described the Otero facility as clean and efficient, while Rep. Marianna Anaya, D-Albuquerque, apologized for comments made by colleagues, telling the families present that neither they nor their families are illegal.