NEWS UPDATE: On August 14, KOAT TV Target 7 ran a lengthy story entitled “Juvenile Injustice: The cause, solutions and roadblocks to fighting juvenile crime in New Mexico”. The full story can be found at this link.

https://www.koat.com/article/new-mexico-juvenile-crime-problems-answers/65667309

On July 15, Bernalillo County District Attorney Sam Bregman,  flanked by police chiefs from Farmington, Española, Las Cruces, the New Mexico Department of Public Safety and the Bernalillo County Sheriff’s Office held a press conference in Albuquerque to address what they all  characterized as a “juvenile crime crisis”.  Once again they asked the New Mexico legislature to enact major reforms to the state’s  juvenile justice system as embodied in the Children’s Code.

Española Police Chief Mizel A. Garcia said that with less than 11,000 residents, his department arrested two 15-year-olds, armed with rifles, who terrorized a homeless shelter where people were sleeping and fired multiple rounds over their heads “for no apparent reason”  and he said it was  sure “luck” no one was hurt.

Las Cruces Police Department Police Chief Jeremy Story said that in Las Cruces, three juveniles were arrested in connection with a mass shooting at a Las Cruces park on  March 21,  three people died and 15 others were shot with the shooters being teenagers. Chief Story said a 20-year-old was also charged in the shooting. Story said this:

“Juvenile crime is not just an Albuquerque problem. Unfortunately, it’s a New Mexico problem. Kids are committing crime after crime with no real consequences or accountability. I have six kids that have been arrested 11 or more times as a juvenile. I have 37 additional kids who have been arrested between six and 10 times. That shouldn’t be able to happen in a system that’s functioning correctly.” [Las Cruces police] have been able to charge and convict nearly a dozen juveniles with a federal offense. Now, for most of those kids, that’s the first time they’ve ever had a meaningful consequence or accountability for their actions.”

Secretary of the State Department of Public Safety Jason Bowie said this:

“There’s a clear gap in our system in holding these juveniles accountable. We’re failing miserably in this state.  During town halls the governor has hosted [around the state] … the message has been consistent. People in these communities are afraid.”

Bernalillo County Sheriff John Allen said this:

“New Mexico has a culture of coddling criminals. As you see, my colleagues from around the state, from the northwest, from the south, from Española, wherever we are, each hits each corner of the state. No longer can any representative or senator say it does not affect their area.

We are begging you, and I’m imploring you, representatives and senators, to look at the proposal that D.A. Bregman gave you. If you don’t agree with it, we understand. We are here to work with you. Pick 3 to 5 items that we can all agree on and move the system forward, since the code has not been enumerated since 1978.

We must have a balance of approach of rehabilitation and accountability. No program, wherever you are in the nation, specifically when it comes to rehabilitation, will work unless you have an enforcement arm. My pundits will say, ‘John, you’re trying to throw away the key and put him in jail.’ I am not saying that.

What I will tell you is if you know that there are no consequences for your actions and you are put into a rehabilitation program, but you re-offend— Juveniles tell us in the back of my deputy’s patrol units, ‘We’re not worried about it. We will be released, and we will get around the system.’ And guess what? They are. Last night, a 17-year-old at Coors and Los Estancia fired a firearm into a car, barely missing the driver’s head, which would have been a homicide.

We have heard from numerous investigations about juveniles that not only don’t care, but they actually laugh about their crime and say “Wow, I can’t believe I shot that person. I have no care in the world.’ ”

Albuquerque Police Commander Kyle Hartsock said this:

“It is a statewide problem. Our detectives work with police in Santa Fe, Roswell, Las Cruces, Taos, Ruidoso all the time. And helping solve their crimes or track some of their offenders that are coming through Albuquerque, many of them juveniles.”

Farmington Police Chief Steve Hebbe said juvenile crime has an impact on law enforcement recruiting efforts, and public perception of how well police can protect New Mexicans. Chief Hebbe said this:

“This is a sign that the public is losing confidence that justice will be delivered.”

WORSENING “JUVENILE CRIME CRISIS”

Bernalillo County District Attorney Sam Bregman for his part said his office has linked 70 different homicides to 53 juveniles in his two and a half years as District Attorney. Bregman said the evidence of the worsening “juvenile crime crisis”  has been increasingly clear to him since taking office. He also said the state Legislature has failed to address the rising crime rates among juveniles and involving violent juveniles in particular. Bregman said this:

“These violent incidents are happening in every corner of New Mexico. … We are facing a juvenile crime crisis. … It’s one that continues to get worse every single day in New Mexico. There are teens or younger who are committing crimes all over the state and are getting away with it because they know they can. …  I’ve said before and I’ll say it again, that it isn’t, unfortunately, until they are charged with murder, that they finally face any real consequences. And then it’s too late. … This isn’t just a statistic. People are dying. These are real victims. … Our leaders in Santa Fe, with the notable exception of the governor, have been tone-deaf to the crisis on the ground.”

Bregman express  the identical  concerns last October before the 60 day 2025 legislative session that began on January 21 and ended March 22.  The juvenile code has not been updated in decades and Bregman  proposed a slate of legislative changes to the Children’s Code which embodies the juvenile justice system. None of Bregman’s proposed legislation passed during the 2025  sixty  day Legislative session and much of the legislation didn’t even get one hearing in a 60-day session.

Bregman’s list of proposed changes his  office developed  to increase  consequences for violent crime committed by juveniles included the following:

• Expanding the definition of serious youthful offender to include second-degree murder, voluntary manslaughter, rape and other violent crimes
• Extending the age range of “youthful offenders” from 21 to 25 years old to allow for more treatment and supervision
• Unsealing juvenile records during certain court hearings
• Making it illegal for people under 19 to have any guns, and not just handguns

Bregman said this of his proposals:

“We are now giving these proposals to every single legislator so each and every one of them have no excuse not to have a robust debate about the future of our children. There is no excuse now not to try. Just trying. That’s what I’m asking the Legislature to do. Just try.”

“We need action. … We can be the leader in this nation when it comes to the explosion of juvenile crime, but we need to change our juvenile laws to match the times …. I know one thing, what we’re doing now certainly isn’t working.”

SHORTAGE OF JUVENILE JUSTIC DETENTION FACILITIES

Compounding the problem is that the state has just three juvenile detention facilities, prompting some of the more rural law enforcement agencies to travel to Bernalillo County to house violent juvenile offenders awaiting resolution of their cases.

Bernalillo County’s juvenile detention facility is at capacity, housing 75 juveniles waiting to be tried or awaiting sentencing. Of those, 27 are in for murder.  Under state law, it is the county governments that are responsible for  detention facilities, both adult and juvenile.

NEW MEXICO PUBLIC DEFENDER REACTS

Ben Baur, New Mexico’s chief public defender, said this through a spokeswoman:

“We all agree that we are seeing heart-breaking violence involving young people, guns and social media, and that people are being hurt. We absolutely need to find solutions, but these proposals basically amount to ‘send kids to prison early and often.’ … This won’t prevent crime. It won’t make them grow into better kids. It will just make them better criminals. It’s not ‘updating’ the juvenile code, it’s taking it back to old, disproven ideas.”

The link to the quoted or relied upon new sources are  here:

https://www.koat.com/article/juvenile-crime-albuquerque-new-mexico/65419239

https://www.kob.com/new-mexico/bernalillo-county-da-law-enforcement-demands-action-on-juvenile-crime-next-legislative-session/

https://www.abqjournal.com/news/article_d6de5b08-6a3e-4600-bc89-a3ea9d6e6ea6.html

DRAMATIC SPIKE IN VIOLENT CRIMES COMMITTED BY JUVENILES WITH GUNS

Since January 4, 2023, when Bregman was first appointed by the Governor to the fill the vacancy caused by then District Attorney Raul Torrez being elected Attorney General, his office received  well over  1,400 juvenile cases, including 119 felony gun crimes up and through 2024 alone. There was a 57% increase from 2022 to 2023 in cases “involving kids with guns” according to data provided by the Bernalillo County District Attorney’s Office.

From January 1, 2023 to January 1, 2025 the District Attorney Office received 24 murder cases, 42 armed robbery cases, 48 rape cases and 65 drive-by shooting cases all involving juveniles.  374 juvenile cases where a received where a  handgun was involved in one way or another. There are upwards of 80,000 juveniles between the ages of 10 and 18 living in Bernalillo County.  The 553 felony cases cited make up less than 1% of the population.

Last year, Bregman said it was  time to make changes to the “Delinquency Act” of the Children’s Code, as times have changed in the 3 decades since it was last updated. Bregman said teens have been sentenced to decades behind bars for murders after being given lenient penalties for lesser crimes.  As an example Bregman said  one teen was given probation for a hit-and-run crash that killed someone while another teen was given probation after shooting at a county employee. Bregman said this:

“The reality of this case is, if he had better aim, perhaps someone would have been dead. … What we’re trying to do [with the changes in the law] is build in some consequences when a juvenile first gets in the criminal justice system, so they learn something about how you can’t violate certain laws and norms. You can’t continue that behavior.”

Bregman said each case can have ripple effects that devastate families on both sides. He said he hopes the proposed changes to the Children’s Code can stem some of the effect being felt by the community. Bregman said this about juvenile gun violence:

“I understand kids make bad decisions. Every kid makes a bad decision, but when you put a gun in that mix of a bad decision, people die, unfortunately. … each case can have ripple effects that devastate families on both sides. … Those victims of violence committed by juveniles and their families have had their lives destroyed”  

Bregman said in the past that  he hoped changes to the juvenile code would   teach juveniles a lesson before it’s too late and the intent is not to “lock up juveniles and throw away the key”. Bregman said this:

“What we’re trying to do is build in some consequences when a juvenile first gets in the criminal justice system, so they learn something about how you can’t violate certain laws and norms. You can’t continue that behavior.”

Bregman said addressing juvenile crime goes beyond lawmakers addressing the problem and he said this:

“This takes an entire community, including parents and family members, to make a difference in these young people’s lives. We all have to come together as a community and as a state, if you will. … Let’s give them the chance to get on the right path and be productive citizens, because if we don’t give them consequences early on, we end up with juveniles who are sentenced for decades in the corrections department.”

RECALLING PROPOSED CHANGES THAT FAILED

Under the existing Children’s Code, a “Serious Youthful Offender” is a child 15 to 18 years of age who is charged with and indicted or bound over for trial for first degree murder.  A child upon conviction can be sentenced as an adult for the crime. There are no other crimes other than first degree murder that a “Serious Youthful Offender” can be charged with.   Bregman said this:

“Currently, the only crime that you can charge as an adult is first degree murder. … We want to expand that to include second-degree murder, voluntary manslaughter, rape, shooting at or from a motor vehicle causing great bodily harm or death.”

Under the existing children’ s code  a  “Youthful Offender” is defined as a delinquent child subject to adult or juvenile sanctions who is 14  to 18  years of age at the time of the offense and who is adjudicated as committing at least one of a number of listed serious felonies such as second degree murder,  kidnapping,  robbery, aggravated battery (with a weapon), criminal sexual penetration (rape), aggravated burglary, aggravated arson, shooting at a dwelling or occupied building or shooting at or from a motor vehicle.

The proposed changes to the Children’s Code District Attorney Sam Bregman offered for enactment during the 2025 legislative that were not even given a committee hearing and that failed include the following:

1. Expanding the definition of “Serious Youthful Offender” to include second degree murder, voluntary manslaughter, criminal sexual penetration (rape), armed robbery with the use of a firearm, shooting at or from a motor vehicle causing great bodily harm or death, and shooting at dwelling or occupied building causing great bodily harm or death.

2.  Extending the age of possible imprisonment for “Youthful Offenders”from 21 to 25 years old. As the law is currently written, once a juvenile offender turns 21, in most cases, the criminal justice system automatically loses jurisdiction. Extending jurisdiction to age 25 would provide more time to get youthful offenders to get the treatment and supervision they need, while also monitoring the progress they are making.

3.  Making it a felony for unlawful possession of a firearm for people under 19 to have any guns, including rifles, and not just handguns. Right now, it is illegal for anyone under the age of 19 to be in possession of a handgun. However, it is not illegal for anyone under the age of 19 to possess an assault rifle. The law would be updating language from “handgun”to “firearm,” which will include assault rifles. Bregman is also proposing to increase the penalty for this crime from a misdemeanor to a fourth-degree felony.

4. Moving a person to an adult facility once they reach the age of 18.  Bregman believes that when a juvenile convicted of a violent crime turns 18, they should go to an adult facility because he does not want an 18-year-old in custody with a 13-year-old.

5. Remove the use of the “Risk Assessment Tool”to determine if a child is to be detained and allow prosecutors to file charges without having to first consult the juvenile probation office. Bregman said detention risk assessments also often stand in the way of holding young people who have been arrested, adding the assessments fail to give judges enough discretion and law enforcement officers enough credit as people with firsthand knowledge of a crime.

Bregman said this:  “I say that if a police officer determines that that person needs to be arrested at the time, they need to be booked into the [detention center], and within 24 hours or so, a judge needs to hear and determine whether or not that person should be detained pending adjudication of the charges”.

6. Unsealing juvenile records during certain court hearings proceedings. This would consist of removing the secrecy laws that seal juvenile records from public review for the most serious offenders. This would allow juvenile records to be used during any adult conditions of release or sentencing hearing without having to obtain a court order to unseal the records. Every judge has the right to know and consider if the person in front of them has a violent past when determining conditions of release or sentencing. This change would allow for additional information to be heard and considered and will ultimately promote public safety.

7. Requiring judges to preside over juvenile detention hearings.

8. Grant judge’s discretion on the length of probation or commitment terms based on  a juvenile’s history.

Bregman said this of all the proposed changes at the time:

“Changing the way we do business in our children’s criminal justice system is the single number one priority we can do when it comes to crime in our legislature in the upcoming 60-day session.”

COMMENTARY AND ANALYSIS

Simply put, New Mexico’s children are committing more and more violent crimes where guns are involved. The state’s Children Code and our Juvenile Criminal Justice System has not been able to keep up with changing times to deal with what now can only be considered a “juvenile violent crime crisis”.  Part of the problem is just how complicated the children’s code really is and its application. The ultimate question that must be addressed is what is in the “best interest of the child” and keeping a family together versus punishment, incarceration and making sure justice is served and the public is protected.

It is very clear that the primary emphasis and purpose of the Children’s Code is not punishment in the form of confinement of child for crimes committed but on rehabilitation, services, counseling and social services.  The primary goal of the Children’s Code and the Juvenile Justice System is to keep the family unit intact and what is in the best interest of the child. Such an approach is wise whenever you are dealing with delinquency types of cases and children of tender age. It is  teenage juveniles that pose the biggest problem of what approach is in order. 

Under the children’s code there is no mandatory sentencing and confinement when delinquency is found and when it does happen it can only be up and until the child reaches 18.  However, things do get very complicated when gun violence is involved, protecting the public from gun violence and when it comes to sentencing a child as an adult when charges are brought against the child as a “youthful offender” or “serious youthful offender.”

All of the major proposals and changes to the Children’s Code as outlined and proposed by District Attorney Sam Bregman are reasonable and necessary given the violent crimes being committed by juveniles and should be adopted by the legislature. No doubt many will argue that they run afoul of the purpose and intent of the Children’s Code which is to do what is in the best interest of a child.

DA Bregman’s proposals to expand the definition of “serious youthful offender” so more types of crimes could lead to children being tried as adults is reasonable and necessary given the types of violent crime that is being committed. The challenge for the legislature is to decide what types of offenses for which a juvenile over 15 can be charged as an adult. Right now, that can only happen for first-degree murder. What should be included are all violent crimes involving a weapon and should include the crimes of aggravated assault, aggravated battery armed robbery with a firearm, and child abuse resulting in death.  The legislature should also fix the law that currently allows a teenager to wield an assault rifle, though handguns are still illegal.

The New Mexico legislature must decide how many more innocent people need to be killed  or be injured before legislature confronts the juvenile violent crime crisis?

The Albuquerque Police Department (APD) has released mid-year crime statistics for 2025. The crime statistics for the first half of 2025 reveal significant decreases in many crime categories compared to the same period in 2024. Specifically, homicide, aggravated assault, auto theft, and other property crimes have seen significant reductions. APD also noted that felony arrests have increased, and they attribute these positive trends to factors like tech upgrades such as gunshot detection, and  surveillance cameras, and targeted enforcement actions.

According to APD’s midyear crime statistic for 2025, all major categories of crime are down compared to the same period in 2024. Auto theft has dropped 40%, residential burglary dropped 14%, and commercial burglary has dropped 24%. Major nonviolent crime is down by 25% when shoplifting is added. The three main categories of violent crime of  aggravated assault, sex crimes, and robbery are down 12%. Homicides which are identified as a totally separate category, have declined 28%. Murders went from 47 in the first half of 2024 to 34 the first half of 2025 year  putting the city on track to finish the year below 80 homicides. In 2024, the city recorded 89 total homicides.

The raw crime statistics reported for the time period of January 1 to June 30 comparing the years 2025 and 2024 are as follows:

PROPERTY CRIMES

Auto Theft ( APD Auto Theft Number)

2025:    1,336              2024: 2,213                %Change  -40%

(Auto Theft based on APD Auto Theft Division number.)          

Auto Theft (Other Source Reported)

2025:    1,871             2024:  3,023               %Change  -38%

(Residential and Commercial burglaries based on Location Category which is identified by reporting officer.)         

Auto Burglary

2025:    1,755             2024:  2,117              %Change -17%            

Residential Burglary

2025:   983                 2024:  1,145             %Change  -14%           

Commercial Burglary

2025:   754                 2024: 993                 %Change  -24%           

Shoplifting 

2025:  3,539               2024: 4,146              %Change  -15%

 TOTALS        

2025:  10,239             2024:  13,637           %Change   -25%

VIOLENT CRIMES

 Agg. Assault

2025:  2,105                2024: 2,362                %Change  -11%

Sex Crimes

2025:  240                    2024: 271                 %Change  -11%

Robbery

2025:   364                   2024: 447                  %Change -19

 Totals

2025: 2,709                  2024:  3,080               %Change  -12%

HOMICIDES

2025: 34                     2024: 47                      %Change -28%

(Homicides based on Internal APD Homicide calculations as produced and reported by Homicide Unit.

ARRESTS (NEW CHARGES)

Felony

2025:  2,580                  2024:  2,100               %Change  +23%

Misdemeanor

2025:  5,763                  2024: 5,108                 %Change +13%

(Arrests include all arrest types including taken into custody, on-site, cited and summoned. Felony Warrant includes arrests with felony warrant charge, Misdemeanor Warrant includes arrests with Misdemeanor warrant charge.)

https://www.cabq.gov/police/crime-statistics

HISTORICAL TRENDS

The history of property crime and violent crime totals for a 10 year period were also provided in the 2025 mid-year crime statistics report as follows:

https://www.cabq.gov/police/crime-statistics/nibrs/2025-nibrs-quarterly-crime-stats

In 2023, the city’s recorded 19% drop in homicides marked Albuquerque’s largest annual decrease since 2010, when homicide totals hovered in the 30s. Following are the number of recorded homicides for the 8 years:

• 2017:  70 homicides
• 2018:  69 homicides
• 2019:  80 homicides
• 2020:  78 homicides
• 2021: 110 homicides
• 2022: 120 homicides
• 2023:   93 homicides
• 2024:   89 homicides
• 2025:   42  mid year as of August 4 

(https://www.kob.com/news/top-news/albuquerque-police-investigated-89-homicide-cases-with-96-victims-in-2024/)

The most significant statistic reported by APD is that the city’s homicides went down 19% from 120 in 2022 to 93 in 2023 and again went down to 89 homicides in 2024. This marks Albuquerque’s largest decrease since 2010, when homicide totals hovered in the 30s.

According to APD, the downward trend in homicides is a result of better staffing, making more arrests in violent crime and solving cases. Police Chief Harold Medina attributed an improving solve rate to boosting the homicide unit to 16 detectives and training them better. He said he believed the sheer number of homicide suspects arrested — 117 in 2023 alone has driven down new cases.

APD detectives solved 53 of the 84 homicide cases from 2023 for a 63% clearance rate. Some involved multiple victims, and several suspects have since died or are on the loose.

Medina said getting thousands of stolen and pandemic-purchased guns off the streets is a major hurdle in reducing violent crime and homicides.  Medina  said the surplus of guns means more people are armed when a “simple conflict” arises.  The “simple conflict” defined  by APD as “individual disrespect” accounted for 57% of 2023’s killings.

The city also saw a 6% drop in nonfatal shootings from 353 in 2022 to 332 in 2023. Last year’s total still remained well above the 265 and 285 shootings recorded in 2021 and 2020, respectively.

Following are the Aggravated Assaults numbers for the past 8 years that also reflect a slight decline:

• 2017: 4,213
• 2018: 5,156
• 2019: 5,337
• 2020: 5,592
• 2021: 5,669
• 2022: 5,399
• 2023: 4,961
• 2024: 4,404 

NATIONAL TRENDS

The city’s downward trend in crime statistics mirrors those seen nationally, even in the most violent cities. Across the country, the decrease has been attributed to an easing of the societal impacts of the pandemic. Locally, authorities say it is a result of better staffing and making more arrests in violent crime.

The Center for American Progress (CAP) is a progressive public policy research and advocacy organization. CAP focuses on a wide range of issues, including economic opportunity, social policy, national security, environmental protection and law enforcement trends.

On August 5, CAP published an article on the released 2024 data from the FBI show historic lows in the national murder rate, violent crime rate, and property crime rate.  The report was entitled Nationwide 2024 Crime Data Demonstrate the Value of Violence Prevention and Local Law Enforcement. Following are edited outtakes from the report followed by the link to the full report:

On August 5, 2025, the Federal Bureau of Investigation (FBI) released crime data confirming that the overall rates of violent and property crime in the United States declined in 2024, recording the lowest property crime rate and lowest violent crime rate since at least 1969.* These data support a trend of sustained and historic declines in the nation’s crime rate since 2022.

These significant public safety gains follow a catastrophic surge in the nation’s murder rate between 2020 and 2021, which coincided with the COVID-19 pandemic—a surge that saw a 44 percent increase in firearm-related homicides nationally between March 2020 and October 2021. Not only does this newly released data support the finding that the country has returned to pre-pandemic levels of crime and violence, but many communities across the country, including Baltimore, Detroit, and Philadelphia, are now much safer today than before the pandemic started.

This positive trend is a testament to the successful coordination between community-based organizations; law enforcement; and local, state, and federal policymakers that have maximized federal funding opportunities and policies from the American Rescue Plan Act (ARPA), the Bipartisan Safer Communities Act (BSCA), and the Community-Based Violence Intervention and Prevention Initiative (CVIPI) to make all American communities safer.  … .

Key findings from 2024 FBI Reported Crimes in the Nation Statistics report include:

• The national murder rate again recorded the largest one-year decline in homicides, down 9 percentfrom 2023 to 2024. This means that there have been back-to-back years of historic declines after the murder rate declined by 10 percent from 2022 to 2023.*
• Gun homicides are down 16.7% in 2024 compared with 2023, and assaults with a firearm are down 8.6% in 2024 compared with 2023. When the national murder rate surged in 2020 and 2021,homicides with a gun were the primary driver while other types of homicides remained flat.
• Overall violent crime declined by 4.5% from 2023 to 2024, the lowest recorded rate since 1969.
•  Overall property crime declinedby 8.1%, the lowest recorded rate since 1961. Motor vehicle thefts decreased by 18.6 percent from 2023 to 2024. However, reported shoplifting nationwide went up by 8.9 percent in 2024 compared with 2023.
•  Alabama, the District of Columbia, and Iowa each showed double-digit percentage decreases in violent crime rates, and 18 states showed double-digit percentage decreases in property crime rates in the 2024 FBI data compared with 2023.
•  While cities with a population of greater than 1,000,000 saw the largest declines in murders on average, down 19.1% communities of all sizes experienced significant declines, and no group category of community saw an average increase in violent crime compared with 2023. Nonmetropolitan counties saw a 4.6% decrease in overall violent crime and a 16 percent decline in murders. Similarly, suburban areas saw a 5.7 percent decrease in overall violent crime and a 12.4 percent decline in murders.
• Nationwide, law enforcement agencies reportedclearing 43.8 percent of all violent crimes and 15.9 percent of all property crimes in 2024.

EFFECTIVE STRATEGIES HAVE MADE COMMUNITIES SAFER

Progress in 2024 followed the first major gun reform bill passed by Congress in more than 30 years—the 2022 Bipartisan Safer Communities Act. The BSCA made historic investments in violence intervention strategies and improved commonsense gun laws across the country by closing loopholes in the gun purchasing background check system, establishing federal criminal offenses for straw purchasing and trafficking, addressing dating violence loopholes, supporting implementation of extreme risk protection orders, and funding a 21st century pipeline of mental health professionals.

Jurisdictions that have experienced some of the most significant decreases in their gun victimization rates since 2021 have invested in violence reduction strategies that emphasize coordination with and investment in community-based organizations and can include improved data sharing practices and additional funding for community violence intervention (CVI) programs. CVI programs connect individuals at the highest risk of being involved in violence with resources and services to stop violence before it starts. Evaluations of CVI models consistently show that CVI programs are one of the most effective tools to interrupt cycles of violence. These gains were made possible because of vital federal funding support from ARPA, BSCA, and CVIPI grants.

The latest FBI data also estimate small increases in the rates at which murder, violent crime, and property crime are solved, known as clearance rates. After falling to a historic low of 49.4 percent in 2021, the clearance rate for murder increased to 61.4 in 2024 but has not surpassed pre-COVID rates. Cities such as Houston and Garfield Heights, Ohio, spent federal ARPA funds on new technology and on hiring police investigators and analysts to solve more crimes. While recent increases in clearance rates are encouraging, far too many crimes go unsolved in cities and rural areas alike, enabling many people to avoid accountability for the harm they cause. Cities should follow the lead of cities such as Boston, which increased its homicide clearance rate by 19 percentage points by hiring additional detectives and leveraging data and technology, and Denver, which increased its nonfatal shooting clearance rate from 39 percent to 65 percent in the first seven months after establishing a specialized unit dedicated exclusively to solving nonfatal shootings. BSCA also contributed to reductions in gun crimes by giving law enforcement additional tools to stop illegal gun trafficking, preventing individuals convicted of misdemeanor crimes of domestic violence from possessing firearms, expanding background checks, and investing in CVI programs.

The link to the unedited article is here:

https://www.americanprogress.org/article/nationwide-2024-crime-data-demonstrate-the-value-of-violence-prevention-and-local-law-enforcement/

COMMENTARY AND ANALYSIS

One thing that is very certain is that the downward trend in Albuquerque’s crime rates and homicides has had nothing to do with Mayor Tim Keller’s failed Violent Crime reduction programs, including Keller’s Violence Intervention Program.

KELLER’S FAILED VIOLENT CRIME REDUCTION PROGRAMS

Over 7 years ago, in August, 2017, then New Mexico State Auditor Tim Keller, candidate for Albuquerque Mayor, had this to say about the city’s high crime rates:

“It’s unfortunate, but crime is absolutely out of control. It’s the mayor’s job to actually address crime in Albuquerque, and that’s what I want to do as the next mayor.”

It was in 2019 that Mayor Tim Keller reacting to the spiking violent crime rates, announced 4 programs in 9 months to deal with and bring down the city’s high violent crime rates. Keller also launched his “Community Safety Department” and his “Metro Crime Initiative” which he claimed would fix the “broken criminal justice” system.

All 4 initiatives involve early intervention and partnership with other agencies and are summarized as follows:

1. THE SHIELD UNIT

In February 2018 the Albuquerque Police Department (APD) created the “Shield Unit”. The Shield Unit assists APD Police Officers to prepare cases for trial and prosecution by the Bernalillo County District Attorney’s office.

https://www.abqjournal.com/1325167/apd-expands-unit-that-preps-cases-for-prosecution.html

2. DECLARING VIOLENT CRIME A PUBLIC HEALTH CRISIS

On April 8, 2019, Mayor Keller and APD announced efforts that will deal with “violent crime” in the context of it being a “public health crisis” and dealing with crimes involving guns in an effort to bring down violent crime in Albuquerque.

3. THE “VIOLENCE INTERVENTION PLAN” The “Violence Intervention PLAN (VIP program)

On November 22, 2019 Mayor Tim Keller announced what he called a “new initiative” to target violent offenders called “Violence Intervention Plan” (VIP). Mayor Keller proclaimed the VIP is a “partnership system” that includes law enforcement, prosecutors and social service and community provides to reduce violent crime. Mayor Keller stated:

“… This is about trying to get these people not to shoot each other. …This is about understanding who they are and why they are engaged in violent crime. … And so, this actually in some ways, in that respect, this is the opposite of data. This is action. This is actually doing something with people. …”

The “Violence Intervention Plan” can be described as a “fantasy land” experiment especially when there is little that can be done to prevent the violent crime of murder by “trying to get these people not to shoot each other” and “understanding who they are and why they are engaged in violent crime.”

4.  THE METRO 15 OPERATION PROGRAM

On Tuesday, November 26, 2019 Mayor Tim Keller held a press conference to announce his 4th program within 9 months to deal with the city’s violent crime and murder rates. At the time of the press conference, the city’s homicide count was at 72, matching the city’s record in 2017.

FAILED PROGRAMS

All 4 of Keller’s Volent Crime Reduction programs were initiated in 2019. Notwithstanding his programs, violent crimes, aggravated assaults and homicides continued to spike for the years 2019, 2020, 2021 and 2022. Simply put, Mayor Keller’s Violent Crime Reduction programs have been failures and did not have any statistical impact on reducing crime. The truth is that for a good 3 years before the COVID pandemic hit the city hard in 2020 under Keller’s watch, violent crime rates were spiking, so much so that 7 years ago then candidate for Mayor Tim Keller made reducing the city’s crime rates a cornerstone of his campaign.

Notwithstanding the 19% reduction in homicides in 2023, the sure spike in homicides during Keller’s tenure as Mayor is an obscene reflection that the city is  one of the most violent cities in the country under his tenure.  This is our new norm as the city follows national trends.

Keller’s promise 7 years  ago when he ran for Mayor the first time was APD would have 1,200 sworn police, but in the entire 7 years he has been mayor Keller’s promise never materialized.  Currently the APD  has  about 900  sworn police with only 350 sworn police patrolling the streets in 3 shifts. The city and APD never once achieved 1,000 sworn police under Mayor Keller. Keller himself has said the 1,100 figure is unrealistic and no longer even mentions his original goal of 1,200 sworn.

There has been a decrease in homicides in big cities including Los Angeles and Detroit, but also in those long besieged by gun violence, like Chicago. Baltimore, with a similar population and reputation as Albuquerque for years has been known as one of the most violent American cities. In 2024, Baltimore recorded a 22.5% drop in homicides, its largest single-year decrease, and a 7% drop in nonfatal shootings. Albuquerque’s trend downward in homicides reflects an identical downward trend nationally, even in the most violent cities. Across the country, the decrease has been attributed to an easing of the societal impacts of the pandemic.

Now Mayor Tim Keller is running for a third consecutive 4 year term, there is no doubt Mayor Tim  Keller will try and  take all the credit for the City’s declining crime rates when in fact all his efforts have been a failure.  Albuquerque and APD are  worse off today with Tim Keller as Mayor than when he was elected the first time in 2017.

The link to a related article is here:

Mayor Tim Keller: “Crime Is Absolutely Out Of Control”; 2020 Crime Statistics Report Property Crime Down But Violent Crime, Shootings, Stabbings And Murder Up; Murders Up 3rd Year In A Row Under Keller

On Friday, June 20 the City Clerk qualified 7 candidates out of 11 total candidates running  for Mayor for the November 4 ballot after they successfully gathering 100% of the 3,000 qualifying nominating petition signatures from Albuquerque registered voters. If  no one of the 7 candidates secures 50% plus one of the vote, the two top vote getters will face each other in a run off election which  must be held within 45 days of the November 4 election.

The seven candidates who have qualified for the ballot are:

1. Incumbent Mayor Tim Keller.
2. Eddie Varela, a retired Albuquerque firefighter and former California fire chief.
3. Alex Uballez, the former U.S. attorney for the District of New Mexico.
4. Louie Sanchez, a retired APD police officer and current city councilor.
5. Darren White, the former sheriff of Bernalillo County and former CEO of medcal cannabis company PurLife.
6. Daniel Chavez, president of Parking Company of America was the very first to qualify for the ballot.
7. Mayling Armijo, the former director of Economic Development for Bernalillo County and deputy county manager for Sandoval County.

Public finance candidates for Mayor were required to collect 3,780 donations of $5.00 to the city from registered voters to qualify for the city to give them $755,946 in city financing for their campaigns. On June 20, the City Clerk determined that Mayor Tim Keller was the only candidate to qualify for public finance and he was given $755,946 in public finance.

Under the City of Albuquerque’s campaign finance laws, a Measure Finance Committee (MFC) is a political action committee (PAC), person or group that supports or opposes a candidate or ballot measure within the City of Albuquerque. Measure finance committees are not bound by the individual contribution limits and business bans like candidates. Ascend Albuquerque is the measured Finance Committee which has been formed for the sole purpose “to support the election of Tim Keller as Mayor of Albuquerque.” On July 14, 2025, Ascend Albuquerque filed its fourth financial disclosure statement as required by the City’s election code and it reported that it has raised $101,700.00

NM BUSINESS COALITION COMMISSIONED POLL

The New Mexico Business Coalition (NMBC) is a statewide nonpartisan, pro-business, conservative  organization. NMBC focuses on trying to improve the business environment for companies. The organization engages heavily in promoting a conservative business agenda including promoting right to work laws thereby opposing labor unions, opposing any and all increases in the minimum wage, opposing increases in taxation and opposing city zoning laws viewed as detrimental to development. The organization is considered highly supportive of law enforcement holding law enforcement appreciation events. The organization is known to get involved in municipal, county  and legislative races going so far as to sponsor debates between candidates. For more information, you can visit  NMBC website:  https://nmbizcoalition.org/ 

On July 30, 2025 Carla J. Sonntag,  the President and CEO of the New Mexico Business Coalition issued a press release announcing the results of an opinion poll in the 2025 race for Albuquerque Mayor. The press release is entitled “NM Albuquerque Residents Express Strong Discontent with Mayor Tim Keller’s Leadership, Signal Desire for Change, Survey Finds’’.  

Following is the press release:

Albuquerque, NM – July 30, 2025 – A recent survey conducted from July 8 to July 12, 2025, reveals significant dissatisfaction among Albuquerque voters with the direction of the city under Mayor Tim Keller’s leadership. The poll included 529 likely 2025 Albuquerque election voters.

The survey results indicate that a substantial 64% of respondents disagree with the statement, “I am happy with the direction the City of Albuquerque is heading in,” with 50% strongly disagreeing and 14% somewhat disagreeing. Only 8% strongly agreed and 22% somewhat agreed with the statement. 5% of respondents were unsure. This overwhelming disapproval underscores an apparent shift among voters from what was seen in the last two mayoral elections.

When asked specifically about their opinion of Mayor Keller, only 33% of respondents viewed him favorably, while a striking 60% held an unfavorable opinion, and 7% had no opinion. These numbers highlight a significant lack of confidence in the two-term incumbent as he approaches the November 2025 General Election.

In hypothetical head-to-head matchups with each of the six challengers qualified for the November ballot for mayor, Keller trailed each of them. A substantial portion of voters are currently either supporting alternatives or remaining undecided. A noteworthy point of the poll is that little was known at this phase of the campaign about many of the challengers

“The data clearly shows that Albuquerque residents are deeply dissatisfied with the current trajectory of our city under Mayor Keller’s leadership,” said Carla Sonntag, President and CEO of the New Mexico Business Coalition that commissioned the poll. “Voters are signaling a strong desire for fresh ideas and a new direction in the upcoming election.”

The survey was conducted from July 8 to July 12, 2025, by Rival Strategy Group. There were 529 respondents randomly selected from a demographically proportionate sample of New Mexico registered voters likely to vote in the 2025 Albuquerque Election. The poll has a margin of error of ±4.2. The survey with demographic details is posted on the NMBC website under “2025 Voter Information.”

The link to the press release is here:

https://nmbizcoalition.org/wp-content/uploads/2025/07/News-ABQ-Residents-express-strong-discontent.pdf

SURVEY QUESTIONS AND RESULTS

The opinion poll commissioned by  the New Mexico Business Coalition (NMBC) was conducted by Rival Strategy Group which is a full-service political consulting firm which provides general political consulting, digital advertising services, web designing, direct mailing and polling. Rival Strategy Group is known to engage in political consulting for Republican candidates. In New Mexico, Rival Strategy Group  boasts of having done work for the Republican Party of New Mexico, Republican Yvette Harrel for Congress and Republican Nella Domenici for US Senate.

https://www.rivalstrategygroup.com/

The poll was taken from July 8 through July 12, 2025 . 529 likely 2025 Election voters participated in the survey. The margin of Error is +/-4.2%.  Following are the  questions asked and the results:

Question 1: Do you agree or disagree with the following statement? “I am happy with the direction the City of Albuquerque is heading in.”

• Strongly agree: 8%
• Somewhat agree: 22%
• Somewhat disagree: 14%
• Strongly disagree: 50%
• Not sure: 5%

Question 2: What is your opinion of Mayling Armijo?

• Favorable: 8%
• Unfavorable: 10%
• No opinion: 81%

Question 3: What is your opinion of Daniel Chavez?

• Favorable: 6%
• Unfavorable: 13%
• No opinion: 81%

Question 4: What is your opinion of Tim Keller?

• Favorable: 33%
• Unfavorable: 60%
• No opinion: 7%

Question 5: What is your opinion of Louie Sanchez?

• Favorable: 16%
• Unfavorable: 24%
• No opinion: 60%

Question 6: What is your opinion of Alex Uballez?

• Favorable: 19%
• Unfavorable: 12%
• No opinion: 69%

Question 7: What is your opinion of Eddie Varela?

• Favorable: 9%
• Unfavorable: 16%
• No opinion: 74%

 Question 8: What is your opinion of Darren White?

• Favorable: 35%
• Unfavorable: 39%
• No opinion: 26%

Question 9: If the candidates in the November 2025 General Election for Mayor of Albuquerque were just Daniel Chavez and Tim Keller, for whom would you vote?

• Daniel Chavez: 37%
• Tim Keller: 32%
• Undecided: 31%

Question 10: If the candidates in the November 2025 General Election for Mayor of Albuquerque were just Tim Keller and Louie Sanchez, for whom would you vote?

• Tim Keller: 33%
• Louie Sanchez: 40%
• Undecided: 27%

Question 11: If the candidates in the November 2025 General Election for Mayor of Albuquerque were just Tim Keller and Darren White, for whom would you vote?

• Tim Keller: 38%
• Darren White: 43%
• Undecided: 19%

Question 12: If the candidates in the November 2025 General Election for Mayor of Albuquerque were just Mayling Armijo and Tim Keller, for whom would you vote?

• Mayling Armijo: 37%
• Tim Keller: 27%
• Undecided: 35

 Question 13: If the candidates in the November 2025 General Election for Mayor of Albuquerque were just Tim Keller and Eddie Varela, for whom would you vote?

• Tim Keller: 33%
• Eddie Varela: 34%
• Undecided: 33%

Question 14: If the candidates in the November 2025 General Election for Mayor of Albuquerque were just Tim Keller and Alex Uballez, for whom would you vote?

• Tim Keller: 25%
• Alex Uballez: 39%
• Undecided: 36%

DEMOGRAPHICS OF VOTERS SURVEYED

Following are the demographics break down of the poll:

% FROM CONGRESSIONAL DISTRICTS

• District 1: 79%
• District 2: 21%

% OF PARTY AFFILIATION

• Democrat 52%
• Republican 31%
• Non-Partisan 17%

 % OF IDEOLOGY

• Conservative 34%
• Moderate 30%
• Liberal 36%

% OF GENDER

• Female 54%
• Male 46%

% OF AGES

• Ages 18-49: 29%
• Ages 50-64: 32%
• Age 65+ :     39%

 % OF RACE

• White 53%
• Hispanic 32%
• Other 15%

The link to review the poll in its entirety is here:

Click to access ABQ-Mayor-Poll.Survey.pdf

ACCURACY OF POLL

Known critics of the poll who support Tim Keller for election to a third term are very cynical of the poll with one going so far as proclaiming it is a “push poll”  which is an opinion poll that has the objective to sway voters using loaded, leading or manipulative questions. Critics also say because the poll was taken by a Republican Political Strategy company the poll is not to be believed.

The poll is straight forward. The questions asked can not be characterized as “loaded” nor manipulative. The poll can be characterized as a “horse race” poll simply to determine who the front runners are. The demographics of voters surveyed as to party affiliation, ideology, gender, age and race reflect that those polled are a healthy representation of the demographics of the city leading credence that it is a legitimate poll.

The  percentage breakdown for each of the 14 questions asked and the percentage demographic breakdown of the survey can be found here:

Click to access ABQ-Mayor-Poll.Survey.pdf

PREVIOUS POLL AND SURVEY RECALLED

On November 2, 2022, the Albuquerque Journal reported and  released the results of  an opinion poll it commissioned that reported that  Mayor Tim  Keller at the time had a 40% disapproval rating and 33% approval rating.

https://www.abqjournal.com/news/local/article_ecd8f917-ee43-5ce4-b235-85c1a34a2b03.html

On April 16, 2024, the results of the annual City of Albuquerque Citizen Perception Survey were released. The City’s Citizens Satisfaction survey found as follows:

• 63% of citizens are concerned over the direction the city is going.
• 61% “disagree” and 35% “agree” that “the Albuquerque City Government is responsive to our community needs.”

Both survey findings directly reflect on the job performance of Mayor Tim Keller.

https://www.cabq.gov/progress/documents/albuquerque-yearly-survey-2023.pdf

COMMENTARY AND ANALYSIS

The first biggest take away from the opinion poll is that each of the 6 candidates running against Mayor Tim Keller could beat Mayor Tim Keller in a runoff. All 6 candidates outpoll Keller in a runoff in the following order:

• Darren White with 43% to Tim Keller’s 38% and 19% undecided.
• Louie Sanchez with 40% to Tim Keller’s 33% and 27% undecided.
• Alex Uballez with 39% to Tim Keller’s 25% and 36%  undecided.
• Daniel Chavez with 37% to Tim Keller’s  32% and 31% undecided.
• Mayling Armijo with 37% to  Tim Keller’s 27% and 35% undecided.
• Eddie Varela with  34% to  Tim Keller’s 33% and 33% undecided. 

The very high number of undecided voters of between 19% and 36%, depending on the candidates who make it into the runoff with Keller, will ultimately decide the election in a runoff.

The second biggest take away from the opinion poll is that the two candidates for Mayor who have the highest Unfavorable Ratings are more likely than not will be the ones facing off against each other in a runoff. Mayor Tim Keller has a 60% Unfavorable Rating while Darren White has a 39% Unfavorable Rating. 

It is clear from the poll that voters have very strong and negative opinions of  both Mayor Tim Keller and Darren White. However, it is the favorable ratings that are the biggest indicator of the level of strength they have with the electorate and who will actually show up to vote for them.

The unfavorable and favorable ratings of all seven candidates compared are:

• Tim Keller’s unfavorable rating is 60%, his favorable rating is 33% and a mere 7% have no opinion of him.
• Darren White’s unfavorable rating is  39%  and his favorable rating is 35%  and 26% have no opinion of him.
• Louis Sanchez’s unfavorable rating  24% and his favorable rating is 16% and  60% have no opinion of him.
• Eddie Varela’s unfavorable rating is 16%, his favorable rating is 9% and 74% have no opinion of him.
• Daniel Chavez’s unfavorable rating is 13%, his favorable rating is 6% and 81%  having no opinion of him.
• Alex Uballez’s unfavorable rating is 12%,  his favorable rating is 19% and 69% having no opinion of him.
• Mayling Armijo’s unfavorable rating is 10%, her favorable rating is 8% and 81% having no opinion of her.

Democrat Mayor Keller as the incumbent is likely to get into the runoff given his 33% favorable rating which likely represents his base of support among progressive Democrats who will vote for him no matter his unfavorable rating and because of his progressive policies dealing with the homeless and his strong opposition to President Trump and federal cutbacks.

Republican Darren White is likely to get into the runoff given his 35% favorable rating which likely represents his base of support among Conservatives and MAGA Republicans because his stance on immigration, the homeless and crime.

According to the poll, those polled state they had “NO OPINION of the five remaining candidates as follows:

• Louis Sanchez: 60%
• Alex Uballez: 69%
• Eddie Varela: 74%
• Daniel Chavez: 81%
• Mayling Armijo: 81%

The “NO OPINION” poll numbers for the 5 are extremely high. This indicates they are virtually unknown to the general voting public meaning they have their work cut out for them to get their messaging out.

KELLER’S FINACIAL ADVANTAGE MAY NOT MATTER

Mayor Tim Keller is seeking a third consecutive four-year term despite the fact he has a very high unfavorable rating of 60%. Keller’s unfavorable rating has gone further up since November 2022 when the Journal poll found that he had a 40% disapproval rating.  Notwithstanding Keller’s low polling, he will likely make it into a run off, either first or second, because of his loyal base of progressive Democrats he has relied upon every single time he has run for office including New Mexico State Senate, New Mexico State Auditor and twice as Mayor.

The fact that Mayor Keller is the only candidate to secure $755,946 in public finance and a measured finance committee that has raised another $101,700.00 to promote him for a grand total of $857,646 is a testament of the power of incumbency. It is clear evidence Keller is running against a very weak field of candidates given that Keller was the only one who qualified for public finance. Given the involvement of two well-known, respected progressive Democratic fundraisers, the measured fiancé committee will likely raise thousands more to promote Keller and to tear down his opponents. With the November 4 election so close, Keller will no doubt be forced to get very aggressive and go negative with his opponents given his unfavorable ratings.

Some politcal pundits and columnists are saying that if Keller’s opponents are unable to raise sufficient campaign donations, there is a possibility that Keller could capture 50% of the vote and avoid a runoff election between the top two finishers. That is likely wishful thinking given the poll results and given just how unpopular Keller really is amongst voters. Keller will need every penny of his public finance and the measured finance committee promotion to deal with and overcome his low approval ratings as the campaign drags on over the summer and into the fall and his opponents hit him hard on the issues until November 4.

Mayor Keller is a known quantity with extremely low approval ratings.  No amount of money spent on his behalf to get him elected to a third term may be enough to reform his image in the eyes of voters who have simply had enough of his self-promotion ways with very little accomplished. Notwithstanding, all of Keller’s opponents are relegated to scrambling for private financing unless they are wealthy enough to self-finance. Only Daniel Chavez is believed to be able to self-finance but it’s still unknown to what extent he is willing to spend of his own money.

“ANY ONE BUT KELLER”

City Hall observers and political pundits are saying the election is Keller’s to lose. What they fail to take into account is the “any one but Keller movement”. It can also be called “Keller Fatique” which is what happened with “Chavez Fatique ” when Democrat Mayor Marty Chavez attempted to seek a third consecutive four-year term in 2009 and he lost to Republican Richard Berry with former Democrat State Senator Richard Romero splitting the Democrat vote with Chavez. The fact that the poll revealed that all 6 of Keller’s opponents beat him in a runoff is evidence that there is an “any one but Keller movement”. Simply put, people want change.

The “any one but Keller movement ” comes into sharp focus when the local news stations publish stories on FACEBOOK where Keller is interviewed at length about his candidacy and literally hundreds of public comments are made that are all negative and berating Keller for his failure to address and solve the city’s problems. Candidates who are running for city council and who were going door to door to collect nominating signatures and $5.00 for their own candidacies reported they were encountering strong anti-Keller sentiment at the doors with them being asked questions if they support Keller for reelection. One confidential source said they witnessed Keller himself encountering severe push back when he attended weekend public events to collect nominating petition signatures with people refusing to sign his petition and refusing to donate a $5 qualifying donation for public finance an who insisted they would never vote for him again.

FINAL COMMENTARY

The poll confirmed voters are dissatisfied with the direction the city is going with 50% saying they strongly do not agree the city is  going in the right direction with 14%  somewhat not agreeing the city is going in the right direction for a whopping total of 64%. The poll confirmed the April 16, 2024 Citizens Satisfaction Survey that found 63% of citizens are concerned over the direction the city is going. The polls underscore Keller’s poor performance as Mayor.

Eight years of Tim Keller as Mayor has been more than enough. Simply put, Albuquerque needs a new Mayor. Keller is completing 8 years as Mayor and he is still struggling with the very issues he dealt with 8 years ago: high violent crime rates, drugs, the homeless crisis and a corrupt APD. Things have not gotten any better under his leadership and some would say the city is worse off today than when he was first elected in 2017. What can Keller really accomplish with 4 more years when he has had 8?

Mayor Tim Keller has overstayed his welcome and voters want change, but Darren White clearly is not the change the city needs. Darren White would be a “chaotic disaster” given the repeated controversies he was embroiled with during his public service career and the politcal baggage he carries with him to this day. 

Hope springs eternal that over the course of the campaign that Alex Uballez , Louis Sanchez, Mayling Armijo, Daniel Chavez or Eddie Varela will break out of the pack, will in fact raise enough money to compete and emerge as a viable candidate and succeed in removal of an entrenched politician. Otherwise the city will again be dealing with the choice of the lesser of two evils, as in the last election between Tim Keller and Sherriff Manny Gonzales, and electing a Mayor no one  really likes nor wants and have to decide between Tim Keller and Darren White.

Please vote on November 4, 2025.

It was on October 18, 2022, Mayor Tim Keller announced his “Housing Forward ABQ Plan.” It is a “multifaceted initiative” where Mayor Keller set the goal of the City of Albuquerque being involved with adding 5,000 new housing units across the city by 2025 above and beyond what private industry normally creates each year. According to Mayor  Keller  the city is in a major “housing crisis shortage” and the city needs as many as 20,000 new housing units immediately. However, Keller has never fully identified how the inflated statistics were arrived at and he simply declared a crisis.

KELLER’S “HOUSING FORWARD ABQ PLAN

To add 5,000 new housing, Keller proposed that the City of Albuquerque fund and be involved with the construction of new low-income housing. The strategy included a zoning code “rebalance” to increase population density in established neighborhoods. It included allowing “casitas” which under the zoning code are known as “accessory dwelling” units and “duplex development” on existing housing. Keller’s “Housing Forward ABQ Plan” includes “motel conversions”. 

According to Keller’ “Housing Forward ABQ” plan, the city also  wanted  to convert commercial office space into to residential use. Mayor Keller  initially proposed $5 million to offset developer costs with the aim of transitioning 10 commercial  properties  and creating 1,000 new housing units. However, the Keller Administration announced early on that the conversion office space plan was a heavy lift for the city and the city at the time backed off on its efforts to acquire commercial office buildings to be converted into residential use.

CASITA’S IN, DUPLEX DEVELOPMENT OUT

Mayor Keller called for what he labelled as “transformative” updates to Albuquerque’s Integrated Development Ordinance (IDO) to carry out his “Housing Forward ABQ”.  Keller wanted to allow different forms of multi-unit housing development on existing residential properties to increase density. The legislation was to allow the construction of 750 square foot casitas and 750 square foot duplex additions on every single existing R-1 residential lot that already has single family house built on it to increase density and to create more “affordable housing” for acquisition or renting. 

City officials said that 68% of the city’s existing housing is single-family detached homes with 120,000 existing residential lots with already built residences.  Keller argued that allowing casita and duplex development on existing housing would double or triple density to 360,000 in established neighborhoods and thereby create more affordable housing for sale or rent.

It was pure Keller nonsense ignoring the high cost of construction to private homeowners and the effect of market forces. Keller’s plan was clearly “overkill” that would destroy the character of established neighborhoods and lead to gentrification. Developers would no doubt purchase existing homes for the development of casitas and duplexes.

The zoning code amendments would have made both casitas and duplex additions “permissive uses”.  Historically, they have always been “conditional uses”.  A “conditional use” requires an application process with the city Planning Department, notice to surrounding property owners and affected neighborhood associations and provides for appeal rights.  A “permissive use” would give the Planning Department exclusive authority to issue permits for construction without notices and hearings and with no appeal process to surrounding property owners. Objecting property owners and neighborhood associations to the permissive casita and duplex uses would be relegated to filing lawsuits to enforce covenants and restrictions.

On June 23, 2023, the Albuquerque City Council voted 5-4 to approve the zoning code changes with amendments made to the Integrated Development Ordinance (IDO).  The version of the bill that ultimately passed on a 5-4 vote was amended extensively. The city council voted to allow casita construction as a “permissive use” in all single-family R–1 zone. The city council voted to strike the amendment and to not allow duplexes to be permissively zoned in R–1 zone areas, which make up about two-thirds of the city.

Confidential sources within city hall  have confirmed that since enactment of the amendment to the Integrated Development Ordinance in June 2023 that allows construction of accessory  dwelling units known as “casitas”, only 14 have actually been approved. This is clear evidence that demonstrates the City Council Council and Mayor Tim Keller’s’ Housing Forward Plan to increase density has been a failure.

FEIBELKORN’S NEW LEGISLATION SAME OLD SCAM TO HELP DEVELOPERS

Progressive Democrat Albuquerque City Councilor Tammy Fiebelkorn has introduced R-25-167 at the request of  Mayor Tim Keller.  The resolution is entitled:

ESTABLISHING AN OPT-IN PROCESS FOR LEGISLATIVE ZONING 3 CONVERSIONS FOR PROPERTIES ZONED R-1, R-T, OR R-ML TO INCREASE 4 HOUSING OPTIONS CITYWIDE AND ALLOW MIXED-USE DEVELOPMENT 5 ALONG COLLECTOR AND ARTERIAL STREETS AND WITHIN ESTABLISHED 6 METROPOLITAN REDEVELOPMENT AREAS.

The legislation has been referred to the City Council’s Land Use and Planning Committee that will need to review it, approve or amend it and forward it to the City Council. You can read R-15-187 by first clicking on the below link and then Clicking on R-15-187 in blue as an attachment:

https://cabq.legistar.com/LegislationDetail.aspx?ID=7433993&GUID=C0696A4C-338C-4AE3-97AF-D196597B9547&Options=ID|Text|&Search=R-25-167

R-25-167 directs the Planning Department to establish a process allowing property owners to opt-in to legislative conversions of properties to add zoning capacity for higher-density housing options citywide and mixed-used development along collector and arterial streets.  The process would include public outreach and advertising, analysis, an application to the Environmental Planning Commission for review/recommendation, and transmittal to City Council for final decision.

https://abq-zone.com/ido-updates-2025

“OPT-IN” TO REZONE PROPOSAL

With rents rising in the city, vacancies shrinking, and construction lagging, city housing costs keep climbing. City officials say the opt-in zoning plan aims to add housing options without forcing changes on neighborhoods, which is simply a false narrative seeing as adjoining property owners are simply cut out of the process and are now prohibited from challenging zone applications.

Mayor Keller’s office issued the following statement with the introduction of R-25-167:

“This resolution gives property owners the choice to modify their zoning, increase types of housing options and meet community needs. Flexibility in our housing approaches is a promising path towards reducing our housing deficit and increasing affordability in the Albuquerque market.  We know Albuquerque needs about 20,000 more homes to meet demand, and the City is making steady progress by modernizing outdated zoning rules, investing in affordable housing, and offering construction incentives.”

Currently, residential  zoning covers 27% of the city’s land and 68% of its properties. City officials have said that 68% of the city’s existing housing is single-family detached homes with 120,000 existing residential lots with already built residences. It allows only single-family homes, which city officials say has contributed to exclusionary patterns and limits housing options for lower-income households. The new rezoning process is designed to loosen those restrictions and support more housing development.

Fiebelkorn’s  new city ordinance creates a voluntary rezoning process that would let property owners switch to higher-density zoning if they want to build more housing on their residential  properties, allowing duplexes, townhomes and small apartment buildings in single-family neighborhoods. The plan focuses on corner lots and busy streets to  make  room for more housing. The problem is the application process does not allow  adjoining property owners to  object or challenge the “opt in” application.

The resolution in essence gives the Planning Department very broad authority to increase density in a neighborhood as they ignore adjoining property owner rights and remedies. The resolution requires  the city’s Planning Department to establish  a process and recommend requests, focusing on properties along busy streets and in designated redevelopment areas. Only eligible property owners who apply and agree to participate will have their zoning updated. Residential property owners must complete a participation form confirming eligibility and acknowledging that the new zoning could make existing uses nonconforming.

The city Planning Department would act as the official entity to accept  applications. Residential property desiring to “opt in” for increasing their properties density would be  responsible for providing documents including surveys, site plans or easement agreements and covering costs.  If property owners don’t qualify or disagree with the outcome, they can will be allowed to  request a zoning change through the the city’s zoning code known as the Integrated Development Ordinance (IDO) that regulates land use, building standards and development procedures.

According to the Planning Department, eligible properties can apply to rezone based on their current zoning and location to allow more housing options and mixed uses. Under the new ordinance if passed by the city council, single-family homes zoned R-1 will have several options. Those options include:

• Corner lots on local streets could be converted to low-density multifamily (R-ML), which would allow duplexes, townhouses, and small apartments, and increase the maximum building height from 26 to 38 feet. Its argued that this would help neighborhoods keep their character while adding housing.
• R-1 homes along busier collector or arterial roads which are defined as streets that move traffic from neighborhoods to major routes would be allowed to “switch” to mixed-use transit (MX-T), allowing apartments and businesses with buildings up to 30 feet tall. Other R-1 lots may become townhouses (R-T).
• Townhouses (R-T) on busy streets would be allowed to convert to mixed-use low-intensity (MX-L), focusing on townhouses and apartments but no longer allowing single-family homes or duplexes. Buildings could be built  up to 38 feet  to support more housing and businesses.
• Low-density multifamily properties (R-ML) could also increase. Corner lots may convert to high-density multifamily (R-MH), while properties on collector or arterial streets could switch to medium-intensity mixed-use (MX-M).
• The rezoning process would apply to Neighborhood Retail  Properties zoned Neighborhood Retail Commercial (NR-C), Neighborhood Retail Business Park (NR-BP), Neighborhood Retail Light Manufacturing (NR-LM) or Neighborhood Retail General Manufacturing (NR-GM) may convert to high-intensity mixed-use (MX-H), if the change fits within an adopted redevelopment plan.

The goal of R-25-167 is outlined in the resolution as follows:

“The zoning conversions will generally foster communities where residents 8 can live, work, learn, shop, and play because it will allow more housing  options that can bring more residents to areas that already have businesses,  services, and public investments in facilities such as community centers and  libraries. Additional customers will help support additional services for  residential areas. Additional mixed-use zone districts along collector and  arterial streets will allow more non-residential uses where businesses can serve existing residents and have appropriate access by pedestrians, drivers,  and transit users.”

PLANNING DEPARTMENT OUTREACH CAMPAIGN

Upon passage of R-25-167, the Planning Department would launch a 90-day outreach campaign to explain the opt-in zoning process, using emails, Neighborhood Association coordination, a webpage, and ads on radio and local news. The department has allocated $50,000 from its 2026 budget to fund these efforts.

After the outreach period, property owners would have 180 days to submit complete applications. The Planning Department would not move any request forward until all supporting documents are received. Once the application period closes, the Planning Department would have 90 days to submit qualifying zoning conversions to the Environmental Planning Commission, which would review the proposals and make a recommendation.

Once approved by the Environmental Planning Commission, the Planning Department would have 30 days to forward the final Opt In Zoning application to the City Council which has the final say on approval.

Upon introduction of R-25-167, it was  assigned to the City Council’s Land Use, Planning, and Zoning Committee (LUPZ).   R-25-167 has been scheduled for review and discussion by the LUPZ committee on August 13. The LUPZ committee can amend and debate changes before sending it to the full City Council for a vote. The committee will vote to recommend a “pass” or “do not pass” R-25-167. If the resolution does not  advance, the resolution could be delayed or sent back for revisions.

The link to the quoted or relied upon news sources are here:

https://nm.news/2025/06/27/albuquerques-new-opt-in-zoning-plan-aims-to-ease-housing-crunch/?mc_cid=dbfd28ca44&mc_eid=001367acf1

https://citydesk.org/2025/06/27/albuquerques-new-opt-in-zoning-plan-aims-to-ease-housing-crunch/#:~:text=A%20proposed%20resolution%2C%20sponsored%20by,to%20address%20the%20housing%20shortage.

COMMENTARY AND ANALYSIS

Mayor Tim Keller and  City Councilor Tammy Fiebelkorn are refusing  to take “NO” for an answer after the defeat of key  provisions of Keller’s Housing Forward ABQ Plan that would  have allowed duplex development to increase density in established neighborhoods. City Councilor Tammy Feibelkorn’s  new “opt-in zoning plan” as embodied by R-25-167 is nothing more than the same old scam and a sneaky rebranding of Mayor Keller’s failed “Housing Forward ABQ Plan” to help developers and destroy existing neighborhoods by increasing density. They are doing it by simply ignoring adjoining property rights and objections.

Should R-25-167 pass, every single R-1 zoned lot in Albuquerque will be able to be up-zoned to at least R-T.  What this  means is that any single family home along or in the middle of any street, not just  a corner, not just on arterial or collector roads, can have a Townhouse built on it and it will be permissively enabled. Adjacent property owners, residents and neighborhood associations will just have to shut up and accept it, regardless of its visual impact on the character of their neighborhood.  

Once again they are  advocating for increasing the city’s density in established neighborhoods by allowing for mixed use development on single residential homes and allowing  duplexes, townhouses, and small apartments, and increasing the maximum building on the false premise that it will increase affordable housing. It will not. Keller’ and Fiebelkorn have the Field of Dreams zoning philosophy of “if we rezone it, they will build it” discarding the limited resources of residential property owners and the likelihood of invertors on the prowl.

R-25-167 is  pure residential development  nonsense ignoring the high cost of construction to private homeowners and the effect of market forces. R-25-167  plan is clearly “overkill” that will  destroy the character of established neighborhoods and lead to gentrification. It will be developers and investors who will purchase existing homes for the development of  duplexes, townhomes and small apartment buildings in single-family neighborhoods.

Bluntly put, the term “affordable housing” is very misleading. It is a term way too often used by elected officials and politicians to simply declare a crisis with inflated numbers that shows there is not enough housing that allows the poor or low-income people to rent or buy a home and call their own. Housing prices and rental costs never come down. The more appropriate term that should be used is “subsidized” housing where it’s clear what is needed is subsidized funding for those who cannot afford to buy outright or rent and need assistance.

The housing shortage is related to economics, the development community’s inability to keep up with supply and demand and the public’s inability to purchase housing or qualify for housing mortgage loans.  Simply put, Mayor Keller and City Councilor Tammy Feibekorn are using a short-term housing “crunch” to declare it a “housing crisis” in order to again advocate increasing density that will destroy established neighborhoods relying on property owners,  investors and developers to increase density by laxing zoning restrictions.

Under R-25-167 the Planning Department is once again being given broad authority, almost exclusive authority,  to unilaterally make decisions and be damned adjacent property owner rights. The Planning Department has already been given broad authority in other zoning matters, such as casita construction, to exclude the general public from the permissible use application and deny adjacent property owners the right to object and appeal. Such broad powers essentially will require property owners to sue adjoining property owners to enforce covenants and restrictions.

KELLER’S HOUSING FORWARD PLAN AND R-25-167  CATERS TO DEVLOPERS

For decades, investors, developers and construction contractors have objected to sector development plans and zoning restrictions proclaiming they were too burdensome and stifled development. They have wanted a loosening of the zoning laws to allow for developments in virtually all areas of the city and R-25-167  will accomplish this goal.

What really happened with Mayor Tim Keller’s “transformative changes” to  the Integrated Development Ordinance, his  “Housing Forward ABQ” plan is  that Mayor Keller and City Council Tammy Feibelkorn have catered to the development community as they pretended to be experts in housing development and zoning matters. Keller relied on his exaggeration of  the city’s housing crisis and homeless crisis to seek further changes to the city’s zoning code to help the development community and using city funding to do it.

Mayor Tim Keller’s and Councilor Fiebelkorn’s R-25-167  is just another abomination that favors developers and the city’s construction industry over established neighborhoods.

CITY COUNCIL LUPZ  COMMITTEE HEARING

Mayor Keller’s and Councilor Feibelkorn’s  R-25-167 will be heard by the City Council’s Land Use, Planning & Zoning (LUPZ) Committee at 5 p.m. on August 13 in the Vincent E. Griego Chambers in the basement level of City Hall. The five members of the LUPZ committee are:

• Democrat Tammy Fiebelkorn, Chair
• Democrat Nichole Rogers
• Republican Brook Bassan
• Republican Dan Champine
• Republican Renée Grout

If the committee approves the ordinance, the full City Council will take them up later this fall.  Residents are encouraged to attend and voice their opinions.

CITY COUNCIL PHONE: (505) 768-3100

CITY COUNCIL AND SUPPORT STAFF  EMAILS

bbassan@cabq.gov

lesanchez@cabq.gov

bmaceachen@cabq.gov

joaquinbaca@cabq.gov

bacajoaquin9@gmail.com

kpena@cabq.gov

cquezada@cabq.gov

dawnmarie@cabq.gov

galvarez@cabq.gov

nrogers@cabq.gov

district6@cabq.gov

tfiebelkorn@cabq.gov

tanyaj@cabq.gov

dchampine@cabq.gov

rgrout@cabq.gov,

rrmiller@cabq.gov,

danlewis@cabq.gov

The link to a related blog article is here:

https://www.petedinelli.com/2023/06/23/city-council-passes-kellers-housing-forward-abq-plan-on-5-4-vote-casitas-in-duplexes-out-jones-flip-flops-again-lame-duck-city-councilors-do-not-give-a-s-what-cons/

On April 28, President Trump signed an Executive Order to enforce federal law with respect to sanctuary jurisdictions to protect their citizens from what he calls “dangerous illegal aliens.”  The Executive Order 14287 is entitled “ Protecting American Communities from Criminal Aliens.” The Executive Order states in part that “some State and local officials . . . continue to use their authority to violate, obstruct, and defy the enforcement of Federal immigration laws” and “[i]t is imperative that the Federal Government restore the enforcement of United States law.”

The Order directs the Attorney General and Secretary of Homeland Security to publish a list of States and local jurisdictions obstructing federal immigration law enforcement and notify each sanctuary jurisdiction of its non-compliance and  providing an opportunity to correct it. Sanctuary jurisdictions that do not comply with federal law may lose federal funding.

The Order directs the Attorney General and Secretary of Homeland Security to pursue all necessary legal remedies and enforcement measures to bring non-compliant jurisdictions into compliance. It instructs the Attorney General and Secretary of Homeland Security to develop mechanisms for proper eligibility verification in sanctuary jurisdictions to prevent illegal aliens from receiving federal public benefits.

Trump’s Executive Order is supposed to ensure illegal aliens are not being favored over American citizens by directing the Attorney General to address state or local laws that unlawfully prioritize aliens. This includes in-state tuition benefits for aliens or criminal sentencing factors that favor aliens.

https://www.whitehouse.gov/fact-sheets/2025/04/fact-sheet-president-donald-j-trump-protects-american-communities-from-criminal-aliens/

ALBUQUERQUE DECLARED SANCTUARY JURISDICTION

On August 5 the United States Justice Department published a list of states, cities, and counties identified as having policies, laws, or regulations that impede enforcement of federal immigration laws. Albuquerque is the only New Mexico municipality on the list but the State of New Mexico is not.

According to the Department of Justice a “sanctuary jurisdiction” generally refers to a state or local government that limits its cooperation with federal immigration authorities, particularly regarding the enforcement of federal immigration laws. There is no a strict legal definition, but these jurisdictions often restrict information sharing about immigration status or refuse to detain individuals based solely on federal immigration detainers.  

“Sanctuary policies impede law enforcement and put American citizens at risk by design. … The Department of Justice will continue bringing litigation against sanctuary jurisdictions and work closely with the Department of Homeland Security to eradicate these harmful policies around the country.”

The following states, cities, and counties have been identified as sanctuary jurisdictions:

STATES:

• California
• Colorado
• Connecticut
• Delaware
• District of Columbia
• Illinois
• Minnesota
• Nevada
• New York
• Oregon
• Rhode Island
• Vermont
• Washington

COUNTIES:

• Baltimore County, MD
• Cook County, IL
• San Diego County, CA
• San Francisco County, CA

CITIES:

• Albuquerque, NM
• Berkeley, CA
• Boston, MA
• Chicago, IL
• Denver, CO
• East Lansing, MI
• Hoboken, NJ
• Jersey City, NJ
• Los Angeles, CA
• New Orleans, LA
• New York City, NY
• Newark, NJ
• Paterson, NJ
• Philadelphia, PA
• Portland, OR
• Rochester, NY
• Seattle, WA
• San Francisco City, CA

https://www.kob.com/news/top-news/albuquerque-among-18-us-cities-listed-as-sanctuary-jurisdictions-for-immigration/

https://www.krqe.com/news/albuquerque-metro/feds-pressure-abq-to-end-immigrant-friendly-policies-mayor-keller-says-he-wont-cave/

In recent months, the Justice Department has filed several lawsuits against sanctuary jurisdictions seeking to compel compliance with federal law, including one against New York City on July 24th. Recently, the Mayor of Louisville agreed to revoke their sanctuary policies following a letter from the Justice Department threatening legal action.

The list is not exhaustive and will be updated as federal authorities gather further information. According to the Justice Department the designations were made after a review of documented laws, ordinances, and executive directives by the listed jurisdictions.

The  list of designated Sanctuary Jurisdictions will be reviewed regularly, to include additional jurisdictions and remove jurisdictions that have remediated their policies, practices, and laws. Each state, county, and city will have an opportunity to respond to its placement on the list. The Department of Justice further stated the federal government will assist any jurisdiction that desires to be taken off this list to identify and eliminate their sanctuary policies, so they no longer stand in opposition to federal immigration enforcement.

https://www.justice.gov/opa/pr/justice-department-publishes-list-sanctuary-jurisdictions

President Donald Trump has said in speeches that he would approve the arrest of government officials who would prevent federal law enforcement from doing immigration enforcement. It is unclear if the Keller administration could be among the first arrested.

GOVERNOR AND CITY OFFICIALS REACT

Democrat Governor Michelle Lujan Grisham said the listing of Sanctuary Jurisdictions and threatening to withhold  funding  is just another way for the Trump administration to overstep its authority.   Michael Coleman, spokesperson for the governor, said this in a statement:

“The Trump administration’s designation of Albuquerque as a sanctuary city invites the same kind of federal overreach we’ve seen play out disastrously in cities like Los Angeles … Governor  Lujan Grisham fundamentally opposes this administration’s approach to indiscriminate detention and deportation. The question now is how the City of Albuquerque plans to manage this situation. Those questions should be directed to the mayor’s office. The Lujan Grisham administration will continue fighting unconstitutional federal overreach in court. But right now, what Albuquerque needs most is for APD to focus on real crime in real neighborhoods across the city — not to get pulled into immigration enforcement battles that distract from public safety.”

Albuquerque city officials had mixed reactions to the city being named the only city in the state to make the list of sanctuary jurisdictions.

Democrat Mayor Tim Keller said this:

“I’m not going to be intimidated by any of this rhetoric coming from the White House, and I think they know that because they tried to do this in their first term and didn’t work. And so, for us it’s a tired show and we’re not going to cave. … Albuquerque is a welcoming city, and where crime is now actually going down in every category this year. … So we are proving that we are safer and stronger when residents trust law enforcement enough to report crimes, send their kids to school, and seek services without fear. [My]  recent executive order supports both our immigrant community, while ensuring APD can focus on public safety, not federal immigration enforcement.”

Not surprising, Republican City Councilors had a different reaction to the news that the city was identified as a sanctuary jurisdiction.

Republican City Councilor Renee Grout, who represents the far Southeast Heights and foothills, said that while she is pleased the city of Albuquerque welcomes people from around the world, the city won’t “be a sanctuary for criminals.” Grout said this:

“It’s unfortunate that the mayor is willing to forfeit federal funding for housing and social services to engage in this political game. … Public safety should come first, and it should involve every tool at our disposal, including welcoming help from federal law enforcement.”

Republican City Councilors Dan Lewis and Dan Champine joined Grout in releasing a joint statement that pledged to “eliminate criminal sanctuary provisions.”

“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.” 

The link to a relied upon or quoted news source is here:

https://www.abqjournal.com/news/article_c5d034eb-8230-4b51-b134-09cf3531ef8d.html#tncms-source=home-featured-7-block

SANCTUARY JURISDICTION CHARACTERISTICS

According to the U.S. Department of Justice,  the list of  Sanctuary Jurisdictions is  based on actions and policies that materially impede enforcement of federal immigration statutes and regulations.  Sanctuary Jurisdiction characteristics include the following:

1. Public Declarations: Cities, states, or counties that publicly declare themselves a sanctuary jurisdiction or equivalent, with the intent to undermine federal immigration enforcement.
2. Laws, Ordinances, Executive Directives: Cities, states, or counties that have laws, ordinances, regulations, resolutions, policies, or other formalized practices that obstruct or limit local law enforcement cooperation with U.S. Immigration and Customs Enforcement (ICE).
3. Restrictions on Information Sharing: Cities, states, or counties that limit whether and how local agencies share information about immigration status of detainees with federal authorities.
4. Funding Restrictions: Cities, states, or counties that prohibit local funds or resources from being used to support federal immigration enforcement efforts.
5. Non-cooperation with Federal Immigration Enforcement: Cities, states, or counties that provide training to city employees and police on enforcing sanctuary policies and declining to respond to ICE requests for information.
6. Limits on ICE Detainers: Cities, states, or counties that refuse to honor ICE detainer requests unless there is a warrant signed by a judge.
7. Jail Access Restrictions: Cities, states, or counties that restrict ICE agents’ ability to interview detainees absent detainee consent.
8. Immigrant Community Affairs Offices: Cities, states, or counties that create dedicated offices to engage and advise illegal alien communities on evading federal law enforcement officers.
9. Federal Benefit Programs: Cities, states, or counties that circumvent federal laws prohibiting the provision of federal benefits to illegal aliens and provide them with access to benefits, including health care assistance, legal aid, food and housing assistance, and other subsidies. This includes cities, states, or counties that establish stand-alone benefit programs or equivalents.

The link to the quoted or relied upon news source is here:

https://www.justice.gov/ag/us-sanctuary-jurisdiction-list-following-executive-order-14287-protecting-american-communities?utm_medium=email&utm_source=govdelivery

NOT THE FIRST TIME FOR ALBUQUERQUE

“The United Stated Department of Justice (USDOJ) list follows a U.S. Department of Homeland Security list published last May of sanctuary jurisdictions that included 23 of New Mexico’s 33 counties, along with the City of Albuquerque and the City of Santa Fe. That list followed President Donald Trump’s executive order in April requiring such a list. The DHS list prompted confusion from some jurisdictions and outcry from local sheriffs, and was subsequently taken off line within a few days. “

The links to the quoted or relied upon news sources are here:

https://sourcenm.com/briefs/feds-list-albuquerque-as-nms-sole-sanctuary-jurisdiction/

https://abqraw.com/post/trump-administration-marks-albuquerque-as-a-sanctuary-jurisdiction/

$68 MILLION IN FEDERAL AID AT STAKE

Now that the Trump Administration has again labeled Albuquerque a sanctuary city, the city is at risk of  losing more than $68 million in federal funding, roughly 5% of the city’s annual budget. The potential loss of funding includes:

• $26 million for the Sunport and Double Eagle airports
• $11 million for housing programs
• $8 million for public transit
• $6 million for the Albuquerque Police Department

The link to a quoted or relied upon news source is here:

https://www.koat.com/article/mayoral-candidates-divided-on-albuquerques-immigrant-friendly-status-amid-federal-funding-threats/64707080

MAYOR TIM KELLER SIGNS EXECUTIVE ORDER IN RESPONSE TO ICE ARREST OF VENEZUELAN MAN

On July 22 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. Keller’s Executive Order was prompted by the July 7 an altercation between U.S. Immigration and Customs Enforcement (ICE) agents detaining and tasing a Venezuelan man by the name of Deivi Jose Molina-Pena 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, subdued Deivi Jose Molina-Pena 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.

A female customer filmed the July 7 incident and posted the video the same day on FACEBOOK. The video of the incident went viral, drew national media attention and amassed huge numbers of online views, along with comments expressing shock at the violent nature of an unarmed man’s arrest. It turns out  Deivi Jose Molina-Pena 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.

A protest occurred 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 Deivi Jose  Molina-Pena.

CONTENTS OF KELLER’S  EXECUTIVE ORDER

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 Deivi Jose Molina-Pena inside a west side Walmart.

“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:

https://www.abqjournal.com/news/article_d698f3d9-2c89-4aae-9007-f97417c1443d.html#tncms-source=home-featured-7-block

KEY PROVISIONS OF KELLERS 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.”

https://www.cabq.gov/mayor/news/mayor-keller-issues-executive-order-to-protect-immigrant-rights-in-albuquerque-city-councilors-plan-legislation-to-further-codify-immigrant-protections

APD CLARIFIES NEW  COOPERATING POLICY WITH ICE

The  Albuquerque Police Department (APD) issued a statement clarifying the city’s efforts to deal with ICE enforcement actions within  the city 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.”

IMMIGRANT FRIENDLY CITY VERSUS SANCTUARY CITY

For the last 23 years, Albuquerque has had a hands-off approach to immigration enforcement by officially labeling itself “immigrant-friendly” city and limiting local police cooperation with Immigration and Customs Enforcement. APD does not enforce immigration laws nor detain people for ICE without a warrant.

It was in 2001, long before Trump was President and Keller was Mayor, that the Albuquerque City Council declared the city to be an “Immigrant-Friendly City” by City Council ordinance. The ordinance was originally sponsored by former Republican City Councilor Hess Yntema who represented the South East Heights area, including the International District that has the highest concentration of immigrants. Councilor Yntema’s wife is also naturalized citizen of the United States. The ordinance provides that the City of Albuquerque “welcomes and encourages immigrants to live, work and study in Albuquerque and to participate in community affairs, and recognizes immigrants for their important contributions to our culture and economy.”

In 2018, the Albuquerque City Council passed amendments to the original ordinance affirming the city was an “immigrant-friendly city,” again carefully avoiding the term “sanctuary city.”  The 2018 legislation was sponsored by Albuquerque City Councilor Klarissa Peña. Then City Councilor Pat Davis asked to co-author the measure and Peña allowed it. Davis said this:

“We were really clear about being sure that we didn’t use sanctuary language. …We wanted to ensure transparency and cooperation, but also protect vulnerable residents.”

A “Sanctuary City” requires local government to essentially shield the undocumented from federal authorities and federal arrests. “Immigrant Friendly” cities on the other hand enact policies that are favorable to undocumented people to allow them city services like all other residents and its local law enforcement personnel do not make arrests for violations of federal immigration laws and only make arrests of undocumented people for violations of local ordinances and state laws. 

Albuquerque does allow the sharing of arrest records of municipal and state violations with federal immigration agents. However, the city does not compile any information on immigration status of suspects and prohibits Immigration and Customs Enforcement (ICE) from using municipal facilities or resources. This balance distinguishes the city’s approach from more overt sanctuary city policies.

The Office of Immigrant and Refugee Affairs manages the Immigrant Friendly City Resolution. It requires city departments to review policies for compliance and report back to the council. Key provisions as reported by the online news agency City Desk include:

• “City entities cannot collect citizenship or immigration status unless required by law for federal or state program eligibility or city employment.
• City employees must keep personal information confidential unless needed to provide services, comply with public records requests, or required by law. Personal information includes Social Security numbers, birth details, addresses, sexual orientation, disability status, religion and national origin.
• City resources cannot be used to aid immigration investigations or detentions based on immigration status.
• Federal immigration agents cannot access non-public city areas, such as the Prisoner Transport Center, without a judicial warrant.
• Everyone in Albuquerque has the right to city services with respect and dignity, regardless of race, disability, national origin, gender identity, religion, sex, sexual orientation, ethnicity, economic or immigration status.”

COMMENTARY AND ANALYSIS

There is very little doubt that what prompted the Trump Administration to classify Albuquerque as a Sanctuary Jurisdiction for a second time was Mayor Tim Keller’s July 22 executive order in response to the July 7 altercation between U.S. Immigration and Customs Enforcement (ICE) agents detaining and tasing  Deivi Jose Molina-Pena. The incident garnered national attention and it is more likely than not that ICE or Homeland Security briefed the White House on the incident and demanded that Albuquerque be placed on the “sanctuary jurisdiction” list.

The blunt truth is that Mayor Tim Keller did not declare the city to be a Sanctuary City with his Executive Order. Simply put, he does not have the authority to do so even if he wanted to. It is the City Council, the legislative and policy body of city that has such exclusive authority to do so and that is binding on the city. The city of Albuquerque is not and has never been a sanctuary city and is in fact an Immigrant Friendly city as decreed by the City Council’s 2001 resolution and 2018 amendments declaring the city to be an Immigrant Friendly City. 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 Albuquerque Police Department’s (APD) new announced policy where federal officials have agreed to share more information with APD about immigration operations in the city should pretty much gut any argument that the city is obstructing or interfering  with  ICE operations. The city is in fact cooperating and not interfering with ICE operations. APD Chief Harold Medina made it clear he has communicated with Homeland Security Investigations, which oversees ICE, about public concerns. What Medina said is again worth noting:

“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.”

The Keller Administration and the Albuquerque City Council need to challenge in no uncertain terms the Trump Administration’s classification of Albuquerque as a Sanctuary Jurisdiction by initiating a Federal lawsuit against the Department of Justice, the Department of Homeland Security and  Immigration and Customs Enforcement (ICE) to enjoin them from classifying Albuquerque as a Sanctuary City and enjoin the Trump Administration from withholding federal funding base on their false finding that Albuquerque is a sanctuary city.

The federal lawsuit should  seek federal court orders to enjoin the Department of Justice, the Department of Homeland Security and Immigration and Customs Enforcement (ICE) from the manner and methods they are using to arrest and detain people. 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.

Links to related articles are here:

Immigration and Customs Enforcement (ICE) Arrest Of Venezuelan Man In Country Legally Leads To Mayor Keller Signing Executive Order To Protect Immigrant Rights; Keller Engages In Political Plagiarism Of Opponent Alexander M.M. Uballez Advocacy To Protect Immigrant Rights; ICE Should Take The Damn Masks Off, Identify Self And Secure Warrants

Stakes Are High To Answer Trump’s Question: Is Albuquerque A “Sanctuary City” Or “Immigrant Friendly City”; Sanctuary City Becomes Issue In 2025 Mayor’s Race; 7 Out Of 11 Candidates Respond To KOAT TV 7 Line Of Questioning On Issue

Under the City’s Zoning laws collectively known as the Integrated Development Ordinance (IDO), “Safe Outdoor Spaces” are organized, managed homeless encampments. It was Mayor Tim Keller who initially proposed the idea of “Safe Outdoor Spaces” in his 2022-2023 city budget requesting $750,000 in funding to set up Safe Outdoor Spaces in vacant dirt lots across the city  with an additional $200,000 for developing other sanctioned encampment programs.

On June 6, 2022, despite significant public outcry opposing Safe Outdoor Spaces, the Albuquerque City Council enacted the legislation authorizing Safe Out Door Spaces passing it on a 5 to 4 vote. On December 5, 2022, after strong public opposition to Safe Outdoor Spaces and one City Councilor withdrawing support, the City Council  voted 5 to 4 to remove all references to Safe Outdoor Spaces within the IDO and attempted to outlaw the land use, but Mayor Tim Keller vetoed the legislation.

The “Safe Outdoor Spaces” legislation  passed allows for  2 homeless encampments in all 9 city council districts with 40 designated spaces for tents. They will allow upwards of 50 people, require hand washing stations, toilets and showers, require a management plan, 6 foot fencing and dedicated space for social service providers to offer food, mental and physical health services. Although the Integrated Development Ordinance (IDO) amendment sets a limit of two in each of the city’s 9 council districts, the cap does not apply to those hosted by religious institutions.

A map prepared by the city detailing where “Safe Outdoor Space” zoning would be allowed for encampments reveals numerous areas in each of the 9 City Council districts that abut or are in walking distance to many residential areas. Upwards of 15% of the city would allow for “Safe Outdoor Spaces” as a “permissive use” or  as a “conditional use”.

Under the law, once such permissive uses are approved and granted by the city, they become vested property rights and cannot be rescinded by the city council. There is no requirement of landownership, meaning someone could seek a special use for a safe outdoor space and then turn around and lease their undeveloped open space property to whoever can afford to pay.

A city map reveals a large concentration of eligible open space areas where Safe Outdoor Spaces are allowed that lies between San Pedro and the railroad tracks, north of Menaul to the city’s northern boundary. The map reveals that the encampments could be put at next to the Big-I, the northeast heights, and on the west side not far from homes. The map does not account for religious institutions that may want to use their properties for living lots or safe outdoor spaces.

The Safe Outdoors Spaces program is  intended to let community members, businesses and churches help those experiencing homelessness outside their doors by giving them a place to sleep off the streets and on private property.

TRUMP’S EXECUTIVE ORDER

It was on July 24, 2025  President Donald Trump signed an Executive Order that seeks to overhaul the way cities and communities across the United State manage homelessness. The  Executive Order requires cities to take a far more aggressive approach to homelessness, mental illness and drug use. The Executive Order seeks to have  cities break up homeless encampments and institutionalize the unhoused who suffer from mental disorders or addiction through the civil mental health commitment process. The Executive Order seeks to eliminate all federal  funding for safe outdoor spaces and harm reduction programs, claiming that they promote drug use and “deprioritize accountability.

The link to read Trump’s July 24, 2025 Executive Order is here:

https://www.whitehouse.gov/presidential-actions/2025/07/ending-crime-and-disorder-on-americas-streets/

NEW MEXICO AND ALBUQUERQUE’S HOMELESS NUMBERS

According to the federal Housing and Urban Development’s 2024 Annual Homelessness Assessment Report Statewide, 4,631 people were counted in 2024 as homeless which is a 20.5% jump from the year before and the highest number ever recorded.

According to the New Mexico Coalition to End Homelessness annual Point-in-Time count Albuquerque’s homelessness crisis has hit record levels, with 2,740 people experiencing homelessness in January 2024, including 1,231 living unsheltered. According to surveys, upwards of 75% of those counted decline and refuse city services and city shelter.

REDUCING  OPERATION COSTS

On June 28, 2025 Mayor Tim Keller held a news conference to announce efforts to make major changes to the city’s Integrated Development Ordinance governing Safe Outdoor Spaces. Mayor Keller wants to ease costly rules that have stalled efforts to open more Safe Outdoor Spaces in Albuquerque, saying churches and nonprofits should be able to create legal encampments without facing major financial barriers.

With more than 2,700 people experiencing homelessness in Albuquerque, Keller wants to ease the requirements to expand the program. The proposed changes could reshape how the city responds to the  homelessness over and above the shelters and programs provided by the city. The new legislation to amend the Integrated Development Ordinance is sponsored by progressive Democrat City Councilor Nichole Rogers at the request of the Mayor Tim Keller. Rogers represents District 6 in the South East area of the city which includes the International District and it has  a high concentration of unhoused. Mayor Tim Keller said he is “working with Councilor Nicole Rogers to … make some tweaks” to the legislation.

NEW CREATION CHURCH SAFE OUTDOOR SPACE

As of April, 2025, New Creation Church on Zuni, is the only safe outdoor space approved by the city in the three years since the City Council authorized Safe Outdoor Spaces. Every other site was denied or  applicants withdrew their applications.

In 2020, during the global pandemic, members of the New Creation Church saw an increase of people experiencing homelessness outside their doorsteps. In April 2025, the church became the first safe outdoor space approved by the city and open it in the International District. Pastor Jesse Harden said this:

“We tried to do it on our own for a little bit, thinking ignorance is bliss, right? We’re like, hey, let’s just do it ourselves, not knowing that there was laws and ordinances and things like that. We had to kind of go through the hoops, and it was a really long, painful process, a lot of paperwork, a lot of site plans and ordinances and trying to figure out all of that.”

Since opening in April, the New Creation site has served 11 people. It has space for up to 10 residents, including couples who can share tents. Pastor Harden said seven people currently live at the site. Harden said this:

“That number kind of shifts back and forth. … There’s several people on the waiting list that are being interviewed, going through the process to take those empty spaces right now.”

Residents have built what Harden called “a beautiful community,” planting flower beds, sharing meals, and supporting each other’s progress toward stability. Pastor Jesse Harden said this:

“We need as many solutions as there are people, right? Not everyone is going to go into a shelter not everyone obviously has family or friends to have a couch for.”

The link to a relied upon and quoted news source is here:

https://citydesk.org/2025/07/29/keller-seeks-to-cut-red-tape-for-safe-outdoor-spaces/

“BARRIERS” TO SAFE OUT DOOR SPACES

Pastor Jesse Harden of New Creation Church said current rules are the biggest barrier to opening more Safe Outdoor Spaces. The current ordinance requires 24/7 security, permanent showers and space for service providers, pushing security costs alone over $104,000 a year. Harden said this:

“I think the 24/7 security is probably the most significant obstacle to getting things started. It’s our highest expense. If you pay someone minimum wage to be there 24/7, it’s over $100,000 a year. So that, right there, eliminates 99% of people who try to do it.”

“Quirky Books” is a used bookstore off of Central. The stores owner Gillam Kerley attempted and failed to set up a Safe Outdoor Space.  About 15 people camp each night in 10 tents in the store’s parking lot. After receiving complaints from one local business and other callers, the city gave Kerley a choice: clear out the encampment in two weeks or pay a $1,500 fine for ordinance violations. Kerley paid the fee.

Kerley said that for his business, the requirements to operate a safe space are too expensive and labor intensive. Kerley said this:

“Someone who is simply providing a place for people to camp shouldn’t be required to be a complete wraparound social services provider.”

The link to the relied upon or quoted news source is here:

https://www.abqjournal.com/news/article_af17fe14-4eba-4639-b18c-b5f1203f2ee0.html

KELLER WANTS 100 SAFE OUTDOOR SPACES ALL OVER CITY TO ACCOMMODATE 1,000 HOMELESS

Mayor Tim Keller wants to see more safe outdoor spaces throughout the city to help the unhoused. With more than 2,700 people experiencing homelessness in Albuquerque, Keller says he wants to ease the requirements to expand the Safe Outdoor Spaces program with the goal of  increasing  the number. The proposed changes could reshape how the city responds to record-level homelessness. Mayor Tim Keller for his part said this:

“We’ve over-regulated it such that it doesn’t even work. These rules are in our own way, and we owe it to folks [to make it easier]. The government should make life easier for people—both on the street and people who want to help—not make it harder.”

Mayor Keller said smaller Safe Outdoor Spaces locations will make a big difference and said the city needs to “scale up” by allowing smaller encampments all over the city. Keller said there are individuals either who are not ready for traditional shelters or can’t find available housing. Keller said to meet the need, the city may need as many as 100 smaller Safe Outdoor Spaces.  Keller said there are many who would accept a Safe Outdoor Space and who have already turned down traditional shelters.  Keller said this:

“This kind of option could make a huge difference on our streets. … It’s always worth it to help 10 people. …  [Helping] even 10 people makes a huge difference in their lives and that’s never lost on me. … We think there’s at least 1,000 people on the street who would say yes to a Safe Outdoor Space and who currently say no to the Gateway system. … If you do the math, we’d need around 100 Safe Outdoor Spaces. … That’s a lot, but if each one shelters 15 or 20 people, the numbers add up fast.”

KELLER’S PROPOSED CHANGES

Mayor Keller is proposing four major changes to the Integrated Development Ordinance governing Safe Outdoor Spaces to make them more affordable and practical for churches, nonprofits and others. The four changes are:

FIRST:  This change would ease the rule requiring 24/7 on-site security. Currently, sites must always have someone on duty.  It’s a cost that eliminates 99% of people who establish safe outdoor spaces on their property. The proposed change would allow flexible security plans based on each site’s needs, especially for smaller communities where residents already look out for one another. Weekday business hours would be allowed for security, though one person must always remain on-call in case of complaints or emergencies.

SECOND: This change would drop the rule requiring on-site showers 24/7. Keller said that doesn’t make sense for small sites with just 10 people, where showers often go unused. Instead, mobile trailers could rotate between locations throughout the week. Keller said this

“The current law makes you basically have a shower 24/7 on the site. If you only have ten people at a site, the showers aren’t going 24/7. There are different ways to problem solve around and to have a temporary trailer that comes on different days a week.  … If you’re, like living outside, you can typically find a shelter area, other than a day like today, where you can have those consultations and provide services. You don’t necessarily need dedicated space that’s then empty the rest of the time.”

THIRD: This change would eliminate the requirement for a dedicated space for service providers. Keller said many services can be handled off-site or as needed, and paying for a room that rarely gets used doesn’t make sense.  Safe Outdoor Spaces would be allowed to offer a minimum of three social services, which can include peer support or recovery groups, connecting residents with housing resources or offering GED assistance or adult education.

FOURTH: This change would establish $100 application fees and $50 renewal fees, with permits lasting 12 months before requiring renewal. Sites would also be required to participate in a “Good Neighbor Program” with nearby property owners.

Mayor Keller said the updates would cut costs, reduce red tape and open the door for more churches and nonprofits to help.

KELLER’S  MULTIFACETED APPROACH TO DEAL WITH HOMELESS

Since becoming Mayor in 2027, Tim Keller has made dealing with the homeless a top tier priority. Mayor Keller’s City budgets for the years 2021 to 2024 reflect the Keller administration has spent a staggering $200,000,000, or upwards of $60 Million a year, to operate shelters and provide homeless services. One major problem is that surveys and counts of the homeless reveal upwards of 75% refuse and decline city shelter and services.

Under Keller, the city is taking a multifaceted, all-in approach to get more people into houses and off the streets. The city’s Metro Homelessness Initiative has the goal to provide the unhoused staying at shelters with the opportunity of employment. The city has also overhauled  its voucher program and improving collaboration with the nonprofits that do the work.

The city will have a total of 5 centers to deal with the homeless that is intended to be operated as an integrated system:

• The Gibson Gateway Shelter
• The Gateway West Shelter
• The Family Gateway Shelter
• The Youth Homeless Shelter
• The Recovery Shelter

The Gateway Center which is the former Lovelace Hospital on Gibson is the largest investment the city has ever made in health and homelessness with the goal of providing immediate help and a pathway into housing.  The Gateway West shelter is the old westside jail  being reshaped with no barriers to entry and wraparound services.  The city is adding the Youth Gateway a Recovery Gateway, and the Family Gateway has already helped get 1,200 into permanent housing. The Recovery Gateway is for the unhoused who are struggling with drug abuse. The Family Gateway is a reworked hotel to house more than 50 families a night.

Links to quoted or relied upon news sources are here:

https://www.abqjournal.com/news/article_af17fe14-4eba-4639-b18c-b5f1203f2ee0.html

https://citydesk.org/2025/07/29/keller-seeks-to-cut-red-tape-for-safe-outdoor-spaces/

https://www.koat.com/article/albuquerque-mayor-aims-to-expand-safe-outdoor-spaces-for-homeless-community/65533777

https://www.krqe.com/video/ordinance-would-relax-rules-for-safe-outdoor-spaces-in-albuquerque/10931336/

https://www.youtube.com/watch?v=nE0UNStctTI

https://www.youtube.com/watch?v=nE0UNStctTI

COMMENTARY AND ANALYSIS

Mayor Tim Keller is seeking a third four-year term with the election to be held in 3 months on November 4, 2025. Notwithstanding it being an election year, Mayor Keller is resurrecting one of the most controversial and divisive issues dealt with by the city council in the last 3 years and which has angered the voting public in the past and will do so again. It will likely remind voters of Keller’s failures as Mayor.

RECALLING CONTROVERSY

It was on June 6, 2022 that the City Council enacted a series of amendments updating the Integrated Development Ordinance (IDO). One of the amendments was for “Safe Outdoor Spaces.” The legislation passed on a 5 to 4 vote. Voting YES to allow Safe Outdoor Spaces were 3 councilors who did not seek reelection. Voting YES were former city councilor Democrats Isaac Benton, Pat Davis and Republican Trudy Jones and Democrat Tammy Feibelkorn and Republican Brook Basan. The four city Councilors voting NO were Republicans Dan Lewis, Renee Grout and Democrats Louis Sanchez and Klarissa Pena.  Mayor Tim Keller signed off on the legislation making it law.

After tremendous public anger and objections to Safe Ourdoor Spaces, Republican City Councilor Brook Bassan, who had voted “YES” and previously voiced support for safe outdoor spaces, did an about face and changed her mind. On June 22, 2022 just a few weeks after helping pass the Safe Outdoor Space amendment, Bassan introduced legislation to repeal the IDO amendment and she introduced two bills. One bill introduced would stop the city from accepting or approving safe outdoor space applications and the other would have  eliminated  safe outdoor spaces  from the zoning code altogether.

After being repeatedly confronted at neighborhood association meetings and functions by angry constituents, Bassan issued a formal apology to her constituents saying after her initial support of Safe Outdoor Spaces she had serious doubts. She went so far as to say that the city was not ready to implement them and that they would not provide the type of relief she initially hoped. Bassan said this:

“Even though many are in support of safe outdoor spaces, way more are saying they don’t want them. … [Going forward with them] doesn’t feel right.”

Albuquerque City Councilor Louis Sanchez is considered by city hall watchers as  the “swing vote” on the City Council, with the council divided with 5 Democrats and 4 Republicans. A swing vote is the deciding vote when council splits 4 to 4 on the council.  There is a good chance that Keller’s elimination of Safe Outdoor Space regulation will result in a split vote of 4 to 4.

Sanchez along with former Albuquerque City Councilor Trudy Jones sponsored rules and regulations that were to govern the operation of Safe Outdoor Spaces. Sanchez said this about Keller’s now proposal to repeal of Safe Outdoor Space regulations:

 “I firmly oppose any repeal of these regulations because they are essential for safeguarding both the surrounding neighborhoods and the residents living in Safe Outdoor Spaces. Without clear rules and oversight, these sites risk becoming unmanaged encampments that create more problems than they solve. I believe  these regulations provide structure, accountability, and security, ensuring Safe Outdoor Spaces remain transitional, well-supervised, and focused on connecting residents to permanent housing and services. Public safety must come first, not just for those living nearby, but for the individuals using these spaces who deserve a safe, orderly environment that helps them get back on their feet.”

It is truly surprising that Mayor Tim Keller is advocating for more Safe Out Door Spaces and getting rid of the limitations and  regulations on them in an election year. Perhaps voters will wake up and realize just how out of touch Keller really is on the issue. Keller’s proposed  Safe Out Door Space legislation is a prime example of an elected official who refuses to learn from their own mistakes and who ignores what the public wants, demands and expects.

REVISITING “KELLERVILLE”

Mayor Tim Keller has always had an affinity for and has allowed and even condoned the unhoused to camp wherever they want and for as long as they want without enforcing vagrancy laws and prohibitions on outdoor camping on city or private property.  Keller’s acquiescence and indifference to where the homeless camp has been an absolute disaster for the city. Corondo Park is the best example of Keller’s failed policies in dealing with homeless encampments.

Tim Keller was sworn in as Mayor on December 1, 2017.  Up and until August 18, 2022, Keller allowed Coronado Park to become a de facto city sanctioned homeless encampment. Critics even called Coronado Park “Kellerville”.

For a full 5 year period, the Coronado Park evolved and eventually became 100% occupied by the homeless over the strong objections of surrounding property owners and businesses who pleaded with Keller to shut down the park.

With no rules, regulations on occupancy and no structure, the park degenerated into a “no man’s” land and a magnet for crime. At its height of occupancy, Coronado Park had well  upwards of 125 to 150  unhoused camping at the park with no sanitation. Conditions became so bad at the park that every two weeks city crews were sent into the park, the unhoused were vacated and the park was cleaned only to allow the unhoused to return the very next day.

On  August 18, 2022, the City of Albuquerque closed Coronado Park because it had become a de facto city sanctioned homeless encampment with the city evicting up to 125 unhoused who camped there nightly.  During a press conference announcing its closure, Mayor Keller called the park “the most dangerous place in the state of New Mexico” even though he had the biggest hand in creating the cesspool of crime known as Coronado Park. Keller said it was imperative to close the park even without a fully formed plan for how to do it. He took no responsibility for what happened to the park yet he took credit for solving a problem he allowed to fester.

The city cited numerous reasons for closure of the park including lack of sanitation posing a severe health risks, overall damage to the park and extensive drug trafficking and violent crime, including rapes and murders at the park having reached crisis proportions. The city was spending upwards of $50,000 a month to clean up Coronado  Park. The city park had an extensive history lawlessness including drug use, violence, murder, rape and mental health issues.

In 2020, there were 3 homicides at Coronado Park. In 2019, a disabled woman was raped, and in 2018 there was a murder. APD reported that it was dispatched to the park 651 times in 2021 and 312 times  in 2022. There had been 16 stabbings at the park in 2 years.  In 2023, APD had seized from the park 4,500 fentanyl pills, more than 5 pounds of methamphetamine, 24 grams of heroin and 29 grams of cocaine. APD also found $10,000 in cash. All the seized drugs were tied to a single bust that occurred at a nearby motel, not the park, though an APD spokeswoman said the suspect was “mainly doing all their distributions [at the park].”

https://www.koat.com/article/coronado-park-closed-homeless/40724118

SAFE OUT DOOR SPACES PRETEXT TO TRANSORMING CITY INTO SHANTY TOWN

Keller’s proposal to increase the number of Safe Outdoor Spaces and eliminate restrictions on them reflects a Mayor who has learned absolutely nothing from his failures as he only doubles down on his failure. Keller’s original legislation to allow two Safe Out Door spaces in each of the 9 city council districts has been an absolute failure with only one established. After doing nothing for 3 years in getting more established, Keller wants to get rid of the rules and regulations and is calling for 100 Safe Out Door spaces scattered throughout the city to accommodate1,000 homeless.

A major rationale for imposing the original restrictions on Safe Outdoor Spaces  and limiting the number was to ensure that there would never be another “Coronado Park”. Instead, Keller wants “mini Coronado parks” throughout the city dotting the neighborhoods and landscape that residents will have to endure.

The Safe Outdoor Space restrictions are intended to limit the proliferation of homeless encampments in virtually every nook and cranny of the city. The restrictions are designed to prohibit and prevent illegal activity, such as drug use, with criminal activity and even violent crime being a major problem within the unhoused community.

Safe Outdoor Spaces and Coronado Park are Mayor Keller’s symbols and legacy of failure as the city deals its most vulnerable population, the homeless. If Keller had a lick of sense, he would abandon his efforts to establish Safe Outdoor Spaces and acknowledge that there is very little to no public support for such homeless tent encampments.

The homeless crisis will not be solved by the city, but it can and must be managed. Safe Outdoor Spaces represent a very temporary place to pitch a tent, relieve oneself, bathe and sleep at night with rules that will not likely be followed. Safe Outdoor Spaces are not the answer to the homeless crisis. The answer is to provide the support services, including food and permanent lodging, and mental health care needed to allow the homeless to turn their lives around, become productive self-sufficient citizens, no longer dependent on relatives or others.

“Safe Outdoor Spaces” represent  disaster for the city. They will destroy neighborhoods, make the city a magnet for the homeless and destroy the city’s efforts to manage the homeless through housing. If the City Council allows an increase in the number Safe Outdoor Spaces and allows the  reduction or eliminations of regulations for “safe outdoor spaces”, it will be a major setback for the city and its current policy of seeking permanent shelter and housing as the solution to the homeless crisis.

CITY COUNCIL COMMITTEE HEARING

Mayor Keller’s  proposed zoning changes reducing restrictions on Safe Outdoor Spaces will be heard by the City Council’s Land Use, Planning & Zoning Committee at 5 p.m. on August 13 in the Vincent E. Griego Chambers in the basement level of City Hall.  The five members of the LUPZ committee are:

• Democrat Tammy Fiebelkorn, Chair
• Democrat Nichole Rogers
• Republican Brook Bassan
• Republican Dan Champine
• Republican Renée Grout

If the committee approves the amendments, the full City Council will take them up later this fall.  Residents are encouraged to attend and voice their opinions.

CITY COUNCIL PHONE: (505) 768-3100

CITY COUNCIL AND SUPPORT STAFF  EMAILS

bbassan@cabq.gov

lesanchez@cabq.gov

bmaceachen@cabq.gov

joaquinbaca@cabq.gov

bacajoaquin9@gmail.com

kpena@cabq.gov

cquezada@cabq.gov

dawnmarie@cabq.gov

galvarez@cabq.gov

nrogers@cabq.gov

district6@cabq.gov

tfiebelkorn@cabq.gov

tanyaj@cabq.gov

dchampine@cabq.gov

rgrout@cabq.gov,

rrmiller@cabq.gov,

danlewis@cabq.gov