On Monday March 16, the Albuquerque City Council voted 5 to 4 along party lines to enact what is entitled “Safer Community Spaces Ordinance.” The enacted city ordinance reinstates immigration protections that were implemented during President Joe Biden’s term. The protections were eliminated by President Donald Trump by Executive Order soon after he assumed office in 2025 as he began his crackdown and deportation of non-citizens.
The Safer Community Spaces Ordinance declares that hospitals, schools, construction zones, courthouses, religious places of worship and the use of city resources are off limits to U.S. Immigration and Customs Enforcement (ICE) agents without warrants. The 5 to 4 vote was on a strict party line vote. In November, 2025 the Bernalillo County Commission approved a nearly identical policy that applies within county limits, including within the city limits of Albuquerque.
Voting “YES” were Democrat City Council President Klarissa Pena and Progressive Democrat City Councilors Joaquín Baca, Nichole Rogers, Tammy Feibelkorn, Stephanie Telles. Voting “NO” were MAGA Republican City Council Vice President Dan Champine and MAGA Republican City Councilors Brook Bassan, Renée Grout and Dan Lewis.
During City Council debate, counselors clashed over the ordinance.
Progressive Democrat Councilor Joaquín Baca said this of ICE agents:
“They’re literally killing people on the streets and not just minorities — white people. Five years ago this would have been unimaginable. … We’re way past just immigrant policy. … Entire cities are being invaded by our own troops.”
MAGA Republican City Councilor Dan Lewis said this:
“I feel like there’s a public safety benefit to cooperation. The challenge with this bill is that it’s not just a not cooperating with federal law enforcement. … It goes further to obstruct law enforcement from doing their job, which I think many people in this community find disturbing.”
A “RIDICULOUS” AMENDMENT OFFERED
Before the final vote was taken, MAGA Republican City Councilor Dan Lewis offered a floor amendment to the ordinance asking that city councilors be held liable for any death or injury caused by the law’s passage. The amendment would have made the city liable for injuries caused by individuals named in federal warrants and required officials to waive legal immunity. Lewis said the amendment was aimed at protecting crime victims, but opponents called it “legally baseless.” The Lewis amendment was sharply rebuked, even by his fellow three Republican allies, on a vote of 1 to 8 vote.
City Councilor Joaquín Baca said this of the amendment:
“[This amendment is]ridiculous! As public officials, it is our job to protect our communities … If someone’s breaking the law, they should be treated with breaking the law. But that is not the same as staging and going out after people who have literally done nothing.”
Jessica Martinez, an attorney at the New Mexico Immigrant Law Center, told the on line news agency “The Paper” that the amendment would have violated state law, noting there are only eight waivers of immunity. She said the original “Safer Community Spaces Ordinance” is legally sound, adding that the city worked with groups like the ACLU of New Mexico, her organization and other attorneys “to ensure this is a strong position.”
SAFER SPACES IDENTIFIED
The Safer Community Spaces Ordinance reestablishes a Biden-era policy that banned Immigration and Customs Enforcement from making arrests at sensitive locations such as hospitals, schools, construction zones, courthouses and houses of worship. Within days of assuming office on January 1, 2025, President Donald Trump revoked the Biden policy with officials in the Trump Department of Homeland Security stating that criminals were taking advantage of it.
The city’s policy does not impede federal law enforcement from entering the locations if they have a Judicial Warrant or if there is an “imminent threat to bodily harm.” A “Judicial Warrant” is a critical distinction requiring a federal judge to issue a warrant based on “probable cause” as opposed to and Administrative Warrant issued by agents of ICE without sufficient probable cause.
The city’s “Safer Community Spaces Ordinance” requires businesses to inform staff if their employment paperwork, such as I-9 forms, is audited. Business owners must also warn employees if they are notified that an immigration enforcement agent will be present on-site. Businesses applying for a license in Albuquerque will now be required to clearly mark the public and private areas of their businesses with signage to discourage ICE agents from entering break rooms or employee areas without warrants. The new ordinance also forbids ICE from using city property, including parking lots and parks, as staging areas for operations.
The new ordinance reinforces a 2018 council resolution that declared Albuquerque an “immigrant-friendly city” and several previous executive orders by Mayor Tim Keller.
SUPPORTERS AND OPPONENTS
During the March 16 discussion of the new ordinance, a majority of public speakers supported the ordinance, saying that ICE actions across the country, particularly in cities like Minneapolis, had caused widespread chaos and fear. Supporters included clergy, civil rights lawyers, members of the immigrant community and their children and teachers.
Longtime educator and vice president of the Albuquerque Teachers Federation Sonya Romero-Autrey urged councilors to support the ordinance. She said that students are feeling the impacts of Trump’s immigration crackdown. Some children are struggling to learn, she said, while others have stopped coming to school entirely due to fear of being separated from their families by ICE. Romero-Autry told the city councilors this:
“When a child walks into a classroom, they carry their whole world with them — their curiosity, their dreams, their worries and, yes, their fears. … As educators, our very first responsibility is to ensure that our students feel safe, to create spaces where children feel secure enough to learn, to grow and to imagine their futures.”
The “Safer Community Spaces Ordinance” received support from Minneapolis City Council President Elliott Payne. In a dramatic moment, Councilor Stephanie Telles read out a letter of support from Payne that evoked scenes of chaos as ICE agents flooded the streets of Minneapolis during Operation Metro Surge in December. Payne in his letter to the city council named Renee Good and Alex Pretti, both U.S. citizens shot and killed by federal agents during the operation. Payne wrote that as dire as the situation was, it could have been even worse if Minneapolis did not have its own safer spaces ordinance in place.
City Councilor Stephanie Tellez read Payne’s letter aloud to the City Council quoting the letter as follows:
“What this ordinance does is affirm clearly and on the record that our local officers, our local budget and our local institutions exist to serve this community. … It ensures that local government will not be conscripted as an arm of federal civil immigration enforcement. It tells every resident of this city, documented or not, that our schools are safe, our hospitals are safe and our police are here for them.”
There were speakers who opposed the ordinance, saying it undermined law and order. Geraldo Cionelo, a naturalized citizen, said some immigrants are cheating the legal system. Cionelo told the city council this:
“I’m all for a safer community and immigration, as long as it’s done constitutionally, like I did from the Philippines.”
Links to the quoted or relied upon news sources are here:
https://www.abqjournal.com/news/albuquerque-city-council-approves-ordinance-to-limit-federal-immigration-enforcement/3003365
https://abq.news/2026/03/council-oks-ordinance-to-thwart-ice-arrests-in-albuquerque/
https://www.krqe.com/video/albuquerque-city-council-expected-to-vote-on-immigrant-friendly-ordinance/11610256/
https://www.cabq.gov/council/find-your-councilor/district-3/news/albuquerque-city-council-passes-safety-and-privacy-in-community-spaces-ordinance
ALBUQUERQUE DECLARED SANCTUARY CITY
It was on April 28, 2025 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.”
https://www.whitehouse.gov/fact-sheets/2025/04/fact-sheet-president-donald-j-trump-protects-american-communities-from-criminal-aliens/
On August 5 , 2025 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.
All the states, counties and cities identified as sanctuary jurisdictions are considered strong Democratic and did not vote for Trump in the last election. Following are the states, cities, and counties designated 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.
According to the Justice Department the designations were made after a review of documented laws, ordinances, and executive directives by the listed 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
The links to relied upon or quoted news sources are here:
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/
https://www.justice.gov/opa/pr/justice-department-publishes-list-sanctuary-jurisdictions
CITY OFFICIALS REACT
Albuquerque city officials had mixed reactions to the city being named the only city in the state to make the list of sanctuary jurisdictions.
Progressive 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.”
MAGA 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 should not be “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.” The joint statement makes a specific threat and states:
“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
ALBUQUERQUE NOT “SANCTUARY CITY” BUT “IMMIGRANT FRIENDLY CITY”
Albuquerque is not nor has it ever been a “sanctuary city.” For the last 24 years, and by city council enacted ordinance, the city is an “immigrant friendly” city. A “Sanctuary City” requires local government to essentially shield the undocumented from federal authorities and from federal detention and arrests. “Immigrant friendly” cities enact policies that allow the undocumented city services like all other citizens and does not allow its local law enforcement to investigate federal immigration law violations nor detain nor arrest for violations of federal immigration laws. Immigrant friendly cities allow local law enforcement to make arrests of the undocumented only for violations of local ordinances and state laws.
JULY 7, 2025 ICE ENFORCMENT ACTION
On July 7, 2025 an altercation occurred between U.S. Immigration and Customs Enforcement (ICE) agents detaining and tasing a man inside the Albuquerque Walmart located at 2550 Coors Blvd. NW. The video taken of the incident reveals three ICE agents, two of whom are masked, subdue the man with a Taser. The man can be heard screaming on the video. At one point the man falls backwards to the ground and hits his head.
While the federal agents stand over the man, a Walmart official enters the video frame shouting at one person to “get back to work” and approaches the female filming. He orders her to leave the store, telling her she is on “private property.” The 20-second video ends as private security officers begin to escort the woman who filmed the incident out of the store.
The female customer who filmed the July 7 incident posted the video the same day on FACEBOOK. The video of the incident went viral, drew national attention and amassed huge numbers of online views, along with comments expressing shock at the violent nature of an unarmed man’s arrest. The arrest sparked a protest in Albuquerque.
On July 11, 2025 an ICE spokesperson identified the man taken into custody by ICE as Deivi Jose Molina-Peña and said he was in the United State illegally. ICE claimed the man fled from agents on July 7, running into the Walmart at Coors and I-40, leading to them to tase him. The ICE spokesperson said the Venezuelan man had recently been arrested by the APD for DWI, resisting arrest, evading police and obstructing an officer.
The family and friends of Deivi Jose Molina-Pena said he arrived in the United States legally under Temporary Protected Status two years ago from Venezuela and he was employed as a Spanish speaking “deliverista” for Spark Driver, a delivery service for Walmart. It was a feud between American-born delivery drivers for Walmart’s grocery service and Spanish-speaking “deliveristas” that may have led to the federal immigration arrest at the Walmart on July 7.
Links to quoted or relied upon news sources are here:
https://www.yahoo.com/news/video-ice-uses-taser-detain-182811140.html
https://thehill.com/homenews/state-watch/5396461-watch-ice-agents-taser-albuquerque-walmart/
https://www.krqe.com/news/albuquerque-metro/man-in-viral-ice-walmart-tasing-video-identified/
https://sourcenm.com/2025/07/11/resentment-against-albuquerque-deliveristas-may-have-sparked-viral-walmart-ice-arrest/
https://www.abqjournal.com/news/article_5e224ef7-390a-4417-9ca8-10df141c112c.html#tncms-source=home-featured-7-block
MAYOR TIM KELLER ISSUES EXECUTIVE ORDER
In response to the July 7, 2025 ICE enforcement arrest of Deivi Jose Molina-Peña, Mayor Tim Keller issued an Executive Order reaffirming Albuquerque’s longstanding commitment as an immigrant-friendly city and outlined specific actions to safeguard the rights and safety of immigrant and refugee communities. Mayor Keller’s Executive Order was issued in response to federal legislation and enforcement practices that threaten due process, destabilize families, and undermine trust in local government. Keller said this when he signed his Exective 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.”
Quoting in part an Albuquerque Journal article:
“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.
Links to relied upon or quoted news sources are here:
https://www.abqjournal.com/news/article_d698f3d9-2c89-4aae-9007-f97417c1443d.html#tncms-source=home-featured-7-block
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
https://sourcenm.com/2025/07/22/new-mexicos-largest-city-affirms-immigrant-friendly-status/
DA BREGMAN ISSUES WARNING TO ICE
On January 21, 2026, and after the killings of Renee Good and Alex Pretti by ICE agents in Minneapolis, Minnesota , in December, 2025, Bernalillo County District Attorney Sam Bregman sent a letter to ICE Assistant Field Office Director Bill Shaw and Customs Enforcement (ICE) placing the federal agency on notice that he will prosecute ICE agents who detain, confine or restrains any person in Bernalillo county without a warrant. DA Bregman emphasized that ICE agents could be prosecuted under New Mexico law for the felony of “false imprisonment”.
COMMENTARY AND ANALYSIS
What happened in Minneapolis, Minnesota with the killings of Renee Good and Alex Pretti by ICE agents could very easily happen here. There is absolutely no doubt that ICE is already present in Albuquerque and taking very aggressive actions by taking people into custody. At least two eyewitnesses have reported seeing in Albuquerque ICE vehicles being transported into the city.
Albuquerque and New Mexico are already on Trump’s radar to retaliate against. The Trump Administration has already falsely declared Albuquerque a Sanctuary City and is withholding federal funding to the city. Recently, Trump declared New Mexico elections to be corrupt and rigged.
Albuquerque’s immigrant communities are deeply woven into the fabric of the city, contributing significantly to our economy, culture, and civic life. Immigrants support local industries, launch small businesses, enrich neighborhoods, and power key sectors of our economy from construction to health care. Policies that target these communities not only violate our values, they also undermine our city’s growth and resilience.
Immigrants are vital to both our city and state economies, generating $12 billion annually for New Mexico, accounting for roughly 17% of the state’s total economic activity. Immigrants contributed more than $1.5 billion in taxes and spent more than $5.6 billion in consumer goods in 2023. More than 15,000 immigrants contribute to the entrepreneurial landscape and future economic vitality of Albuquerque and the state, and 16% of Albuquerque small businesses are immigrant-owned. Their entrepreneurial spirit creates jobs, strengthens neighborhoods, and fuels small business development across Albuquerque.
The “Safer Community Spaces Ordinance” enacted by the City Council taken in conjunction with Mayor Keller’s Executive Order as well as District Attorney Sam Bregmans warning to ICE affirms the City of Albuquerque’s legal, moral, and operational duty to uphold civil rights, promote transparent governance, and serve all residents with dignity and regardless of immigration status. It builds upon the City’s 2018 Immigrant-Friendly Resolution (R-18-7) and expands citywide protocols to counteract the harmful impacts of federal immigration actions.
The enactment of the “Safer Community Spaces Ordinance” was necessary and proper in order to protect the public from out of control and heavy handed actions by ICE.
The city council vote should have been unanimous. City Councilor Dan Lewis in particular should be embarrassed by offering his amendment the was rejected on a 1 to 8 votes. It’s extremely disappointing that the 4 MAGA City Council Republicans of Dan Champine, Brook Bassan, Renée Grout and Dan Lewis put allegiance first to the Republican Party and have bought into the vilification by President Donald Trump of minorities, especially as they live in a minority-majority city with a diverse culture such as Albuquerque.
Links to related article are here:
https://www.petedinelli.com/2025/08/06/trump-administration-designates-albuquerque-sanctuary-jurisdiction-a-second-time-loss-of-millions-in-federal-funding-likely-city-is-immigrant-friendly-city-not-sanctuary-city-city-should-initiate/
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