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Urgent Inquiry: Safeguarding NM Sanctuary Cities from Insurrection Act Abuse

To: Sen. Berghmans, Gov. Grisham, Rep. Thomson

From: A verified voter in Albuquerque, NM

April 14

I am writing to express my deep concern about the potential misuse of the Insurrection Act to target New Mexico’s sanctuary cities, which could lead to extrajudicial abductions of undocumented immigrants and the suppression of dissent against such federal overreach. New Mexico’s sanctuary policies are firmly rooted in state and federal law, including: 1. The New Mexico Constitution (Article II, Section 18), which guarantees that “no person shall be denied the equal protection of the laws; nor shall any person be denied the enjoyment of his civil or political rights or privileges because of race, color, religion, ancestry, or national origin.” This provides a legal basis for ensuring that undocumented immigrants receive the same protections as citizens, provided they do not threaten public safety. 2. Federal immigration laws, including the Immigration and Nationality Act (INA), which: - Prohibits ICE from entering private property without a warrant or reasonable suspicion of an immigration violation. - Guarantees that undocumented immigrants present in the U.S. for more than two years cannot be deported without a hearing before an immigration judge. New Mexico’s sanctuary policies do not violate federal law, and ensure that local law enforcement focuses on public safety, not ICE collaboration, while upholding due process rights. However, recent rhetoric suggests the Insurrection Act could be misused to: - Deploy military or federalized forces to conduct mass immigration enforcement in sanctuary cities. - Bypass judicial oversight, leading to unlawful detentions or deportations. - Target citizens who protest such abuses, chilling First Amendment rights. I urge you to address the following: - What legislative or legal safeguards can be implemented to prevent the Insurrection Act from being weaponized against immigrant communities? - Can New Mexico strengthen its legal defenses (e.g., litigation, state statutes) against federal overreach? - How will you protect dissenters if the administration retaliates against protests? The Insurrection Act’s broad language risks undermining constitutional rights, states’ sovereignty, and the rule of law. I ask for your leadership in ensuring New Mexico’s policies—and its residents—are shielded from abuse. Thank you for your time and commitment to our community. I look forward to your response.

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