SANTA FE — Sen. Jim Townsend (R-Artesia) is asking the U.S. Department of Justice to intervene as New Mexico lawmakers weigh legislation that would prohibit state and local governments from contracting with federal immigration authorities to detain people for civil immigration violations.
In a letter dated January 22, 2026, Townsend wrote to U.S. Attorney General Pam Bondi requesting the department’s “attention and intervention” regarding House Bill 9, the “Immigrant Safety Act.” He said the proposal raises significant constitutional concerns under the Supremacy Clause and the doctrine of intergovernmental immunity.
“Because these facilities are typically privately operated under federal contracts, banning them would end our ability to detain those who violate immigration law,” he wrote, warning the move could create ripple effects for public safety, particularly in border-region communities.
The letter points to a recent Third Circuit decision, CoreCivic, Inc. v. Governor of New Jersey, in which the court struck down New Jersey’s attempt to prevent private contractors from entering into or renewing federal immigration detention contracts. The ruling found the state law unconstitutionally interfered with federal immigration enforcement by limiting the federal government’s contracting options.
Townsend argued New Mexico’s proposal could raise similar legal issues by effectively foreclosing federal detention contracting within the state. He urged the Justice Department to engage during the legislative process through “a formal statement of interest, technical assistance, or other appropriate means” to prevent New Mexico from passing a measure that conflicts with federal law.
The letter also warns the legislation could contribute to a nationwide patchwork of state restrictions that hinder immigration enforcement.
House Bill 9 was introduced this week and cleared its first committee on a party-line vote, with Republicans voting against the measure.
