Increasing and aggressive enforcement actions by the U.S. Immigration and Customs Enforcement (ICE) brought on by President Trump’s efforts to expel and deport 16 million undocumented people has become a major flash point in Albuquerque city politics as ICE raids in Albuquerque ramp up. The ICE raids in Albuquerque are making immigration and public safety big campaign issues in the 2025 Albuquerque Mayor’s race.
JULY 7 ICE ENFORCMENT ACTION
On July 7 an altercation occurred between U.S. Immigration and Customs Enforcement (ICE) agents detaining and tasing a man inside the Albuquerque Walmart located at 2550 Coors Blvd. NW. The video taken of the incident reveals three ICE agents, two of whom are masked, subdue the man with a Taser. The man can be heard screaming on the video. At one point the man falls backwards to the ground and hits his head.
While the federal agents stand over the man, a Walmart official enters the video frame shouting at one person to “get back to work” and approaches the female filming. He orders her to leave the store, telling her she is on “private property.” The 20-second video ends as private security officers begin to escort the woman who filmed the incident out of the store.
https://www.yahoo.com/news/video-ice-uses-taser-detain-182811140.html
The female customer who filmed the July 7 incident posted the video the same day on FACEBOOK. Since then, the video of the incident has gone viral, has drawn national attention and amassed huge numbers of online views, along with comments expressing shock at the violent nature of an unarmed man’s arrest.
https://thehill.com/homenews/state-watch/5396461-watch-ice-agents-taser-albuquerque-walmart/
On July 11, an ICE spokesperson identified the man taken into custody by ICE as Deivi Jose Molina-Peña and said he was in the United State illegally. ICE claimed the man fled from agents on July 7, running into the Walmart at Coors and I-40, leading to them to tase him. The ICE spokesperson said the Venezuelan man had recently been arrested by the APD for DWI, resisting arrest, evading police and obstructing an officer. In an email to KRQE News 13 an ICE spokesperson said this about the arrest:
“Given this pattern of behavior this individual is considered a danger to the community. These decisions are never made lightly, but officer safety and the protection of the public remain top priorities. … ICE agents deployed the taser while attempting to detain the man to mitigate that threat and prevent further escalation. … U.S. Immigration and Customs Enforcement agents and officers are trained to employ force judiciously and in accordance with agency policy and federal standards.”
Links to quoted or relied upon news sources are here:
https://www.krqe.com/news/albuquerque-metro/man-in-viral-ice-walmart-tasing-video-identified/
On July 11, the online news agency Source NM, reported that family and friends of Deivi Jose Molina-Pena said he arrived in the United States legally under Temporary Protected Status two years ago from Venezuela and he was employed as a Spanish-speaking “deliverista” for Spark Driver, a delivery service for Walmart. Source NM reported that that it was a feud between American-born delivery drivers for Walmart’s grocery service and Spanish-speaking “deliveristas” that may have led to the federal immigration arrest at the Walmart on July 7. The link to the Source NM report is here:
“BURQUE OVER BILLIONAIRES”
The arrest sparked a protest on Sunday, July 20 which drew at least a hundred anti-ICE demonstrators to the front doors of the retail store off Coors Boulevard NW and I-40. Protesters appeared outside the Walmart where the incident occurred to protest the arrest and yelling “Burque Over Billionaires.” Organizers of the protest said they have not been able to locate Molina-Pena. Jayce Cardenas, New Mexico campaign manager for Organized Power in Numbers, said Walmart, like all businesses, should protect its workers. Cardenas said this in a speech at the end of the demonstration:
“All business owners should be protecting their workers by making and designating private space that has clear signage so [that] if and when ICE agents come, workers are protected, their Fourth Amendment right is protected.”
According to the Immigration Law Center, Immigration and Customs Enforcement agents can enter private spaces without permission if they have a judicial warrant signed by a judge. Without that warrant, private property owners may decline immigration enforcement access to their property.
The link to the relied upon or quoted news source is here:
MAYOR TIM KELLER SIGNS EXECUTIVE ORDER
On July 22, in part as a reaction to the arrest of Deivi Jose Molina-Pena and with the video of the arrest going viral along with the protest, Mayor Tim Keller signed an executive order that has the goal to protect immigrant rights amid reports of increased U.S. Immigration and Customs Enforcement raids in Albuquerque. The executive order consists of both new and preexisting directives. Some of the executive orders are being criticized for being unenforceable. Keller said that his motivation for the executive order started in June during Los Angeles’ ICE raids and subsequent protests, and continued when a social media clip showed ICE agents tasing and detaining a SPARK delivery driver inside a local Walmart.
CONTENTS OF EXECUTIVE ORDER
“The directives contained in Keller’s Executive Order conform with the City Council 2001 resolution and the 2018 amendments that declares the city to be an “Immigrant-Friendly City”. The Executive Order forbids city personnel from working with ICE except when required by a court order. City personnel have been forbidden to share information about immigration status, except when presented with a court order, since the 2018 resolution.
Other directives expand on the “Immigrant-Friendly City” resolution. The order requires the city attorney to routinely file Freedom of Information Act (FOIA) requests about ICE activities within the city. It mandates the city’s child wellbeing officer, and the Office of Equity and Inclusion develop “trauma-informed” training for all city departments that work with children impacted by immigration enforcement, including those who have been separated from their parents. The order additionally warns that anyone caught impersonating an ICE agent will be prosecuted “to the highest degree allowable.”
A few items contained in Keller’s Executive Order conflict with one another, especially where ICE and the Albuquerque Police Department overlap. While the executive order states that ICE agents “must not disrupt the wellbeing of City public spaces through violent or harmful detainment actions,” it also states that “the Albuquerque Police Department cannot legally interfere with ICE activity.”
One of the provisions in the executive order is that it aims to prosecute people impersonating law enforcement. It also reiterates that Immigration and Customs Enforcement must clearly identify its officers and avoid harmful or disruptive tactics in public spaces. However, when asked to clarify this part of the directive, an Albuquerque Police Department spokesperson said that the executive order does not address masks, which are a policy for ICE to determine.
The order does instruct APD to verify the identity of suspected ICE agents if asked to by a member of the public. The public can report suspected ICE raids to APD’s non-emergency line, (505) 242-2677, for verification.”
The link to the quoted news source is here:
KEY PROVISIONS OF THE EXECUTIVE ORDER
Following are the key provisions of Mayor Keller’s Executive Order to protect immigrant rights:
Protection of Immigration Due Process
- Reaffirms that no City department, agency, or employee shall use City resources to assist in federal civil immigration enforcement, including raids, detentions, or information-sharing, unless legally required.
Implementation and Oversight
- Designates the Office of Equity and Inclusion (OEI) to lead implementation.
- Directs the Immigrant and Refugee Affairs (OIRA) Steering Committee to gather community feedback and coordinate support services with legal providers, schools, and non-profits.
- Requires all departments to designate liaisons and report progress to the Mayor.
Transparency in City Services
- Prohibits City staff from supporting secret ICE activity in public facilities.
- Requires departments to report any ICE activity at City facilities to the Mayor’s Office and OEI.
- Allows APD to confirm ICE activity only when requested by the public.
- Commits to prosecuting individuals who impersonate law enforcement to defraud or harm residents.
Transparency in Federal Immigration Enforcement
- Directs the City Attorney to file regular Freedom of Information Act (FOIA) requests to DHS and ICE and share findings with the public and City departments.
- Reiterates that ICE must clearly identify its officers and avoid harmful or disruptive detainment tactics in public spaces.
Protection of Children, Including Migrant Youth
- Instructs all departments serving youth to develop trauma-informed protocols to support children affected by immigration enforcement.
Support for Working Families
- Directs departments to identify services and assistance for families impacted by federal actions, particularly related to housing, healthcare, employment, and education.
- Expands virtual access to services to support safe interaction with government systems.
In a statement, Mayor Keller said this of his Executive Order:
“From day one, I made it clear that we will not be intimidated by harmful federal policies—and we’ve never wavered from our commitment to civil rights and public safety. … This Executive Order makes it clear that we will not stand by silently as our neighbors and friends are living in fear, and we will protect due process for all people living in our City. Albuquerque is a community rooted in diversity and strength, and we will not use our resources to support raids, detentions, or information-sharing that we are not legally required to do.”
FORMER U.S. ATTORNEY ALEX UBALLEZ WEIGHS IN ON KELLER’S EXECUTIVE ORDER
After the July 7 arrest of Deivi Jose Molina-Peña, former U.S. Attorney for the District of New Mexico Alexander M.M. Uballez, who is also running for Mayor against Keller, called on the city to do more to protect immigrant rights. Several of the directives contained in Keller’s executive order appeared a week earlier in a letter of recommendations for immigration reform sent to the city by Uballez.
Uballez’s letter contained 11 policies of his own that he also posted on social media under the tag line “there’s more we can do”. His policy proposals include the following substantive recommendations:
- Require federal agents to wear visible identification, ban the use of masks during enforcement actions and require ICE to identify themselves during enforcement actions. Uballez calls for federal agencies to give advance notice before enforcement actions.
- Require local law enforcement to verify federal agents’ identity when and if deployed to sites of enforcement activity.
- Establish a formal designation restricting ICE enforcement near schools , churches, shelters and other sensitive sites. The move responds to a January directive from the Department of Homeland Security that tossed out long-standing policies and now lets officers make arrests in these places. For over a decade, ICE and Border Patrol were told to avoid enforcement at sensitive sites—a rule the Trump administration reversed
- Facilitate virtual access to services and the courts. Uballez calls for turning “Know Your Rights” outreach into a full-blown public education campaign and expanding virtual access to city services and courts.
- Create city emergency response infrastructure and give city 911 and 311 operators tools and the resources to support families who have been impacted by ICE and are in crisis. This would mean training 911 and 311 operators to flag when extra help is needed, coordinating housing, counseling, and legal aid, and creating quick-response teams.
- Restricting data sharing with the federal government. Uballez wants to ban sharing city data without a judge’s order and requires companies working with the city to train employees on their rights during immigration raids.
- Paying the legal fees of those facing deportation with public funds. Uballez wants the city to fund deportation defense so immigrants don’t lose their rights just because they can’t afford a lawyer.
- Passing an Immigrant Civil Rights Act. Uballez wants to lock in protections with an Immigrant Civil Rights Act that would guarantee rights for all residents, regardless of immigration status.
See July 22 City Desk article “Uballez criticizes Keller’s ICE policy, calls for stronger immigrant protections” by Jesse Jones.
Uballez issued the following statement to KOAT TV in response to Keller’s Executive Order:
“I’m glad to see the Mayor responding to the proposals we’ve made, but it shouldn’t take a competitive election to light a fire under him to protect our city. Today’s reaffirmation fell far short of the solutions our community deserves, prioritizing the optics of safety instead of actually operationalizing it. Our immigrant communities and their advocates are working so hard in this moment, they deserve a mayor who will match their energy with the power at his disposal. Instead, there’s still more that can be done to better protect our rights and our communities. That was true before the incumbent’s press conference and is still true after the fact.”
When Keller was asked if his Executive Order was in was in reaction to the Uballez letter that made recommendations to protect immigrant rights, Keller was very dismissive and said that the two were unrelated and that the city began drafting the order in June. Keller said this after the news conference:
I’m not familiar with the specifics [of the Uballez letter], but as I understand it, we were already doing most of those things.”
A city spokesperson took a petty, little swipe at Uballez and lied about Uballez and said this in a statement:
“While Alex’s newfound interest in immigrant rights is refreshing, where were these suggestions while he was working for Donald Trump?”
The truth is Uballez was appointed by and worked for the Justice Department under President Joe Biden and he served as New Mexico’s United State Attorney until Trump was elected. Uballez and more than 20 other U.S. attorneys, were fired in the first month of Trump’s second term as part of a purge of political appointees in the Justice Department. Uballez announced his bid for the mayor’s office in April.
SUPPORTERS OF EXECUTIVE ORDER
There was a show of support for the Executive Order with members of local immigrant advocacy groups and members of the New Mexico legislature attending the signing of the order.
Fabiola Landeros, a community organizer with El Centro de Igualdad y Derechos, lauded Mayor Keller for taking action and spoke of the fear running through the immigrant community, whom she lovingly called “mi gente” or my people. Landeros said this:
“Imagine feeling afraid every time you left your home that you will be disappeared, separated from your children, that nobody will know where you are, or that you could be held in a detention center in a country you’re not from.”
State Senator Cindy Nava, D-Bernalillo, and House Speaker Javier Martínez, D-Albuquerque also attended the signing of the Executive Order. They reflected on the struggles their families endured as immigrants.
State Senator Cindy Nava called the executive order “personal” to her. Nava is a former Deferred Action for Childhood Arrivals, or DACA, recipient. Nava said
“Thank you to everyone here for your continued fight, your work, and your strength in being here, because I know the fear that lives inside us. … As the daughter of a construction worker and a lady who cleans houses for a living and now sitting in the state senate, things are surreal. … When we think of the folks that are being targeted, you’re talking about my family.”
New Mexico Speaker of the House Javier Martinez did not hold back on his views of ICE agents donning full-face masks during arrests. Speaker Martinez said this:
“Can we collectively say, ‘Take off the mask? Take off the damn mask.’ What are they afraid of? ….On Amazon you can get this jacket, it says ‘ICE Border Patrol’ for 30 bucks. You can get the hat for another $15. That’s how easy it is to become one of these imposter thugs going around our community, terrorizing our families.”
DETRACTORS OF EXECUTIVE ORDER
Not everyone saw the executive order as a step in the right direction, or a step forward. Republican City Councilors Dan Lewis, Renée Grout, and Dan Champine issued the following joint statement:
“These executive orders are nothing more than dangerous political theater by the Mayor. If a resolution comes before the Council to codify orders that interfere with federal law enforcement’s pursuit of criminals, we will introduce an amendment requiring that federal authorities be given access to the Prisoner Booking Center – the location all criminals are taken when arrested. Mayor Keller specifically prohibited federal law enforcement access to this location when he took office. Public safety should never be compromised for political posturing. The people of Albuquerque are tired of this Mayor playing games while violent criminals roam our streets and terrorize our neighborhoods. We will not stand by and allow this administration to continue undermining the safety of our city.”
Republican Party of New Mexico Chairwoman Amy Barela sent the following statement to KOAT TV:
“Less than two weeks ago, ICE officers in Texas were ambushed and shot at, yet Mayor Tim Keller has chosen to prioritize illegal immigrants over the federal law enforcement officers that protect and serve our communities. Unfortunately for the people of Albuquerque, Mayor Keller’s executive order does nothing to improve public safety or increase the number of good paying jobs available, but it does ensure he receives media attention. Voters would be wise to remember his priorities at the ballot box and oppose his reelection.”
The links to quoted or relied upon news sources are here:
OTHER CANDIDATES FOR MAYOR ISSUE STATEMENTS
The following statements were sent to KOAT TV by the other candidates for Mayor:
DANIEL CHAVEZ STATEMENT
“Now that it is politically beneficial for him, Tim Keller has decided safety for Albuquerque residents is important after years of letting chaos, crime and law enforcement corruption exist. I believe it is critical to implement law enforcement transparency and to make sure our communities are not suffering or living in fear. I’ll make it a priority all the time, not just when it’s politically convenient.”
LOUIE SANCHEZ STATEMENT
“This executive order does nothing to protect law-abiding members of the immigrant community in Albuquerque. Mayor Keller is doing what he does best: grandstanding and using fear-mongering in order to accumulate more power to himself. Further, this signals to the violent criminal element of this city that Tim Keller sides with them. In fact, this harms, not helps, the immigrant community because the immigrant population bears the brunt of this lawlessness and violence. If he really cared about immigrants he would want to make their community safe, as well.”
DARREN WHITE STATEMENT
“This is nothing more than Mayor Keller doubling down on his dangerous policy of providing sanctuary to illegal immigrants who have committed serious crimes, rather than prioritizing the safety and well-being of our law-abiding residents. He’s veering further to the radical left, using fear-based rhetoric and divisive language to score political points while placing federal law enforcement officers in danger.”
MAYLING ARMIJO STATEMENT
“I believe every family in Albuquerque — regardless of where they’re from — deserves to feel safe. But let’s be honest: signing an executive order doesn’t fix our broken police department. Mayor Keller says he wants to build trust, but under his watch, response times are unacceptable, recruitment is down, and we still haven’t seen real leadership from the top. If we want a city where everyone feels protected, we need to start by hiring a new police chief, boosting APD staffing, and restoring accountability to a system that’s failing too many residents. Immigrant safety begins with a city that works — and right now, it doesn’t.”
NEW POLICY APPROVED BY HOMELAND SECURITY TO DISCLOSE ICE ENFORCEMENT ACTIONS
On July 12, Mayor Keller and the Albuquerque Police Department (APD) announced a new policy saying the federal officials have agreed to share more information with police about immigration operations in the city. According to a statement issued by APD, the public can call 242-COPS, which is APD’s non-emergency number, to inquire about “a specific presence in the city and whether that is an ICE operation.”
APD spokesman Gilbert Gallegos said this in the statement.
“Our dispatchers can call ICE and verify whether that is the case, and the dispatcher can relay that verification to the caller. … We will not know or pass along any operational details to members of the public. … The process is similar to that used in SWAT activations in the city.”
APD Chief Harold Medina said in a statement that he has communicated with Homeland Security Investigations, which oversees ICE, about public concerns. Medina said this:
“While APD does not enforce federal immigration laws, [I] emphasized to federal law enforcement leaders that there must be more transparency around their operations in Albuquerque … As a result, federal officials have agreed to share information with APD when people have questions about operations.”
Medina also said that federal agents must wear markings identifying themselves as law enforcement officials and said this:
“APD is not in the business of immigration enforcement. At the same time, I want to keep lines of communication open to avoid misunderstandings. We want the community to be safe and trust that we are looking out for them.”
Chief Harold Medina said it doesn’t matter if the resident is a legal citizen or not. He says when they break the law, they’ll be sought out by APD.
“At the end of the day, if someone is a criminal, I don’t care if they were born in Albuquerque or another country. Criminals, people breaking the law, endanger our citizens in Albuquerque—regardless, citizens or not—should be in jail.”
COMMENTARY AND ANALYSIS
“Political plagiarism” of ideas is one of the highest forms of flattery but anyone who engages in it without quoting the source risks being called out on it. It is very difficult to accept Keller’s statement as truthful when he said “I’m not familiar with the specifics [of the Uballez letter], but as I understand it, we were already doing most of those things.” The truth is that it is more likely than not Keller is very familiar with the Uballez letter, he was likely briefed on it, given that many of the Uballez proposals contained in his letter appear in Keller’s Executive Order.
It is doubtful Keller has ever had an original idea of his own during his entire tenure as Mayor. This is not the first time Keller during a campaign has pilfered the ideas of an opponent and claiming them as his own. Keller did so when he first ran for Mayor in 2017 as he adopted the ideas of Mayoral candidate Gus Pedrotty to dispatch social workers and psychologists to deal with the unhoused and those suffering from psychotic episodes instead of first responders such as police and firefighters. Pedrotty’s idea later became Keller’s Albuquerque Community Safety Division. Since running for Mayor in 2017, Gus Pedrotty graduated from UNM and went on to become an Albuquerque Firefighter and he is rising up through the ranks of Albuquerque Fire and Rescue and serving the city with distinction.
Instead of inviting and conferring with Uballez on his ideas on how to protect immigrant rights, and taking advantage of Uballez’s expertise as a former New Mexico United States Attorney, Keller simply incorporated them into his own Executive Order so that he can take credit in an election year. You would think after almost 8 year’s in office, Keller would have enough self confidence in his own accomplishments to acknowledge the hard work and ideas of others as opposed to engaging in political plagiarism and theatrics.
CONDEMNATION OF UNCONSTITUTINAL ICE ENFORECEMENT ACTIONS
ICE agents wearing masks, tactical vests and armed without identifying themselves to apprehend and arrest people without arrest warrants is as shocking and authoritarian and as fascist as it gets. It’s what happens in countries like Russia and North Korea. It should not be tolerated nor be happening in a democracy such as ours. It’s an affront to our constitutional rights, civil rights and due process of law guaranteed to all, including undocumented immigrants.
With any luck, the new policy approved by Homeland Security to disclose ICE enforcement actions to APD along with Keller’s Executive order will help reduce the inevitable havoc on the community as a direct result of ICE enforcement actions. ICE should take the damn masks off, identify themselves, secure warrants and follow due process of law.
The link to a related article is here: