Bernalillo County District Attorney Sam Bregman, a Democratic candidate for governor, has sent a letter to federal immigration officials warning that Immigration and Customs Enforcement agents operating in the county could face prosecution if they detain individuals without proper legal authority.
The letter, addressed to the Albuquerque field office of U.S. Immigration and Customs Enforcement, references ICE enforcement activity reported in other states and asserts that similar actions could violate New Mexico law if carried out locally.
In the letter, Bregman cites New Mexico’s false imprisonment statute and states that intentionally detaining or restraining a person without lawful authority is a felony under state law. He writes that law enforcement officers are not exempt from that standard.
According to the letter, lawful authority to detain a person under New Mexico and federal law requires a valid warrant or legally sufficient grounds, such as reasonable suspicion or probable cause. The letter states that civil immigration detainers or administrative warrants issued by federal agencies do not automatically satisfy those requirements under state law.
The letter concludes by stating that ICE agents who detain, confine or restrain individuals in Bernalillo County without a signed warrant and without reasonable suspicion or probable cause could be subject to criminal prosecution.
Sam Bregman, who has announced a bid for governor as a Democrat, does not cite specific incidents in Bernalillo County and does not announce any current prosecutions.
The letter comes as immigration enforcement remains a central issue nationally and as state officials continue to debate the limits of cooperation between federal agencies and local authorities.
