The Justice Department filed a federal complaint and motion for preliminary injunction on May 8, 2026, against the State of New Mexico and the City of Albuquerque, targeting two local laws the government argues obstruct federal immigration enforcement[1]. The defendants named are Governor Michelle Lujan Grisham, Attorney General Raul Torrez, Mayor Timothy Keller, and the city itself[1]. The DOJ contends that both the state's Immigrant Safety Act, enacted as House Bill 9, and Albuquerque's Safer Community Places Ordinance conflict with federal authority and must be enjoined before they cause further harm to enforcement operations[1][2].
The Immigrant Safety Act restricts the use of New Mexico facilities for ICE detention and places conditions on cooperation between state and local law enforcement and federal immigration agents[1]. The Safer Community Places Ordinance similarly limits federal immigration enforcement activity in designated areas within Albuquerque[2]. The DOJ grounds its challenge in the Supremacy Clause and federal statutes governing immigration enforcement, arguing that states and municipalities may not erect legal barriers to the execution of congressionally authorized removal authority[1]. U.S. Attorney Ryan Ellison is listed among the federal officials associated with the filing[1].
The preliminary injunction motion carries immediate practical urgency. The Immigrant Safety Act is scheduled to take effect May 20, 2026, leaving a narrow window for the court to act before the law becomes operative[1][2]. The DOJ characterized the New Mexico legislation as one of the more direct recent state-level challenges to federal immigration enforcement, and the filing is part of a broader pattern of suits the department has pursued against jurisdictions it labels sanctuary localities[1]. New Mexico and Albuquerque officials have not, based on available sources at time of publication, filed a public response to the complaint.
The case joins a docket of similar DOJ actions against sanctuary-policy jurisdictions filed during the current administration, indicating a coordinated litigation strategy rather than an isolated filing[1][2]. The federal court in New Mexico will need to resolve the preliminary injunction motion on an expedited basis given the May 20 effective date. If the injunction is granted, the underlying constitutional questions, including whether the Supremacy Clause and federal immigration statutes preempt the challenged ordinances, will proceed to merits briefing. State and city counsel are expected to file opposition papers and may seek to consolidate or coordinate with other jurisdictions facing parallel suits.