Torrez issued the following statement in response to the federal government’s lawsuit challenging House Bill 9, the Immigrant Safety Act:

“House Bill 9 is a constitutional exercise of state authority, and this office will defend it. The New Mexico Legislature passed this law after extensive consideration of documented harms occurring in immigration detention facilities operating in this state — inadequate medical care, deaths in custody, and conditions that fell well below acceptable standards. The Legislature made a considered judgment that New Mexico’s government, its employees, and its publicly funded facilities should not be instruments of a detention system that has caused serious and preventable harm to people held within our borders. That is precisely the kind of policy judgment that belongs to the states. The Constitution reserves to the states the power to govern their own affairs — including how state and local personnel are deployed and how publicly funded facilities are used. Federal agents remain free to enforce federal immigration law. They may make arrests, conduct investigations, and carry out removals. What they may not do is compel New Mexico’s officers, employees, and institutions to administer federal enforcement priorities the state has chosen not to adopt. The federal government has its own personnel and its own resources. It does not have a constitutional right to New Mexico’s. This lawsuit asks a federal court to override a democratically enacted state law because the administration disagrees with the policy choice the Legislature made. That is not a constitutional argument. It is an attempt to use federal litigation to reverse an outcome the administration dislikes. We will see them in court.” – AG Torrez