ALBUQUERQUE — In a move that critics warn could jeopardize public safety and trigger a constitutional showdown with federal authorities, the Albuquerque City Council narrowly approved a sweeping new “sanctuary” ordinance Monday night.
The “Safer Community Places Ordinance,” passed in a 5-4 vote, prohibits the use of any city-owned property—including parks, parking lots, and garages—for federal immigration enforcement purposes. The measure further restricts city employees and resources from assisting in the transport or custody transfer of individuals for immigration enforcement without a valid judicial warrant.
The council’s rational representation remained unified in opposition, arguing the policy oversteps local authority. The final vote saw Councilors Joaquín Baca, Tammy Fiebelkorn, Klarissa J. Peña, Nichole Rogers, and Stephanie W. Telles voting in favor, while Brook Bassan, Dan Champine, Renée Grout, and Dan Lewis voted against.
A ‘Wedge’ Between Law Enforcement
The ordinance has drawn sharp rebukes from legal experts and former federal officials. Tony Pham, a former acting director of U.S. Immigration and Customs Enforcement (ICE), characterized the council’s action as “virtue signaling at its best” during an interview with Bob Clark on News Radio KKOB.
Pham, himself a naturalized citizen, warned that the ordinance fails to distinguish between law-abiding immigrants and those with serious criminal records.
“What it fails to discern is: are we talking about immigrants who have felony convictions for rape, robbery, or murder?” Pham said. He argued that by barring federal agents from using city staging areas, the council is “driving a wedge” between local and federal law enforcement that could prevent the removal of “the worst of the worst” from the community.
Impact on Private Businesses
The ordinance extends its reach beyond city property, imposing new mandates on private Albuquerque businesses. Under the new rules:
- Businesses applying for or renewing a city license must display signage clearly delineating “public” and “private” spaces.
- Businesses with five or more employees must adopt a “safety plan” to manage unwanted intrusions by law enforcement into private areas.
- Employers are required to notify all employees within 24 hours if they receive notice of an I-9 eligibility inspection by federal agencies.
Constitutional Challenges Looming
Pham suggested the ordinance may be dead on arrival if challenged in court, citing the Supremacy Clause of the U.S. Constitution. He noted that the ordinance directly contradicts federal authority regarding immigration enforcement and may even encourage city employees to violate federal laws against impeding federal officers.
“I don’t think, if challenged, that it survives constitutional muster,” Pham said.
The ordinance also designates a wide array of “Safer Community Places,” including hospitals, schools, transit centers, and any location where city services are delivered, further restricting federal access to those areas for immigration-related purposes.
Supporters of the bill, including primary sponsor Councilor Klarissa J. Peña, argued the measure is necessary to preserve community trust and ensure that all residents feel safe accessing essential city services.
The ordinance is scheduled to take effect five days after its official publication.
