DA: Warrantless ICE detentions violate NM law

The Albuquerque Journal ^ | January 21, 2026 | Olivier Uyttebrouck

[CedarDave]

Bernalillo County District Attorney Sam Bregman sent a letter Wednesday to a top Immigration and Customs Enforcement official in Albuquerque warning that some practices of federal agents in other states could be prosecuted as a felony offense under New Mexico law.

ICE officials who detain someone without a warrant signed by a judge can be charged under New Mexico's felony false imprisonment law, which contains no exceptions for law enforcement officers, Bregman wrote.

"I write to express my deep concern about ICE procedures and operations across the country," he said in the letter sent to William Shaw, assistant field office director for ICE in Albuquerque.

"ICE's nationwide pattern of unconstitutional enforcement actions give rise to questions and unease about ICE activity in New Mexico," Bregman wrote. "Specifically, certain activity by ICE agents reported in other states would be criminal under the laws of New Mexico."

Bregman, who is a Democratic candidate for governor, said he received no response to the letter on Wednesday. Shaw is the assistant field director of ICE's Enforcement and Removal Operations in Albuquerque.

Bregman said he wrote the letter in response to videos and news reports about ICE activities in other states and was not prompted by any specific incidents in New Mexico.

The Associated Press reported Wednesday that ICE officers are asserting sweeping power to forcibly enter people's homes without a judge's warrant, according to an internal ICE memo and whistleblower complaint.

The memo, signed by acting director of ICE, Todd Lyons, states that administrative warrants signed by an agency official are sufficient for forced entry if there’s a final order of removal. The change reverses previous guidance and raises concerns about constitutional protections against illegal searches.

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TOPICS: Crime/Corruption; Culture/Society; Government; US: New Mexico
KEYWORDS: deportationorder; ice; illegals; judicated; probablecause; samonarope

[CedarDave]

In an associated matter, the New Mexico House Consumer & Public Affairs Committee just voted this afternoon to advance HB-9 which would prohibit any "public body" from cooperating with ICE. A public body includes the state, cities, towns, counties, sheriffs, school boards, etc. Specifically it also includes leasing land or facilities for immigrant detention centers. HB-9 is a sweeping, far-left proposal that would effectively shut down Immigration and Customs Enforcement (ICE) detention operations across New Mexico. The link to info on HB-9 is below:
Call to action: Oppose job-killing anti-ICE bill today in NM House committee

I listened to part of the committees discussion and the four Dems touted out their horror interpretation of ICE activities in Minnesota verbally citing the so-called wrongs by ICE and saying they will not let it happen in NM. The vote was 4-2 to pass with the two Pubs opposing.

[Sarah Barracuda]

Maybe this county should be focused more on convicting Timothy Busfield yeah this is the same county

[ifinnegan]

There are no warrentless detentions.

[DesertRhino]

Federal law has supremacy. State officials will learn a bad lesson if they try to arrest federal agents.

[TheThirdRuffian]

For a lawyer, he sure doesn’t understand how federal law trumps state law.

Or, he could just be a grandstanding idiot, giving pablum to the masses who vote such morons into office in my fine state.

[Bob434]

[[some practices of federal agents in other states could be prosecuted as a felony]]

BUT ILLEGALS COMMITTING FELONIES is no big deal eh District Attorney Sam Bregman?

[maddog55]

It’s amazing how ignorant these AGs are when it comes to federal immigration laws.

[ClearCase_guy]

I’m picturing a fine upstanding US citizen — the guy walks into a bank, pulls out a gun and demands all the money. He gets the money, and he runs out the front door.

Someone yells, “Stop him!”

A cop is walking by, he tackles the bank robber, takes possession of the stolen cash, handcuffs the bank robber and puts him in a car and takes him down town to the station.

Ooops! No warrant signed by a judge!! Gotta let the bank robber go!

[shelterguy]

“”” warning that some practices of federal agents in other states could be prosecuted as a felony offense under New Mexico law. “””

God luck with that.

[RetiredTexasVet]

There are probably a lot of stupid people that voted for that idiot that will believe him.

[CedarDave]

A. A public body shall not enter into, renew or otherwise agree to be a party to an agreement to detain individuals for federal civil immigration violations, including an intergovernmental services agreement to detain individuals for civil immigration violations.

I suspect but do not know if there are agreements between local LEO and federal law enforcement for support or joint operations. If so, I view this section as broad enough to prohibit sheriffs or local or state police from cooperating with ICE to detain an illegal immigrant.

[DesertRhino]

Piece of grand standing. You don’t need an arrest warrant to detain them. However, they do need a search warrant to go into a house, even if you have an arrest warrant. This is long established. Bounty hunters don’t need it, but law-enforcement officials do and a restaurant does not give them authority to go into houses.

[TheDon]

“Bernalillo County District Attorney Sam Bregman sent a letter Wednesday to a top Immigration and Customs Enforcement official in Albuquerque warning that some practices of federal agents in other states could be prosecuted as a felony offense under New Mexico law.”

Sam needs to stay in his lane.

[Glennb51]

According to him, there can be no vehicle stops, no interviews of witnesses of a crime or an accident, no law enforcement activity whatsoever without a warrant.

[DesertRhino]

Arrest warrant, not restaurant. Also, immigration officials do not need a court order or an arrest warrant to take in an illegal alien. Happens every day along the border.

[No name given]

Correct!

[CedarDave]

NM Freepers - keep an eye out for this bill and Dems attempt again to ban semi-automatic guns. The session is only 30 days but they have all the bad bills pre-filed to ensure hearings before the deadline. This link is a good one to keep informed: https://pinonpost.com/politics/

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[Robert DeLong]

Federal Law prevails over state law when it coes to immigration, as the Consttitution specifically mentions it as being a Federal power. Sorry, Bernalillo County District Attorney Sam Bregman, but you need to learn that & obey it. Your argument is not the supreme power with laws it tries to enact state laws that violate the Constitution which is the law of these lands known as the United States of America.

[Ronald77]

Fed trumps state.

[shelterguy]

“””However, they do need a search warrant to go into a house, “””

Not so for immigration law.