Federal Court: New Mexico Can’t Get Damages From US Government for Enforcing Immigration Law

By David Jaroslav | FAIR Take | April 2020

A federal judge dismissed an April 2, 2020  lawsuit brought by the State of New Mexico and the City of Albuquerque that sought monetary damages from the federal government based on expenses they claimed they had incurred due to federal immigration enforcement.  The suit was filed in June 2019, when the surge of illegal alien “caravans” from Central America was crossing our southern border seeking “catch and release.” As FAIR noted at the time, “[t]he best estimate presently is that only about 15 percent of Central American asylum-seekers over the last five years actually have a valid asylum claim.”

With facilities at the border overwhelmed, U.S. Customs and Border Patrol (CBP) had no other choice but to release illegal aliens into communities in the interior of the country with only written notices to appear for future proceedings.  In its lawsuit, New Mexico claimed the release of aliens into their communities required the state to spend its funds on these individuals, and therefore it was entitled to compensation by the federal government. 

At the time, Governor Michelle Lujan Grisham (D) singled out President Trump and then-Acting Homeland Security Secretary Kevin McAleenan to accuse them of “derogation of duty,” and demand they end the “catch-and-release” policy. 

In his order dismissing the lawsuit, U.S. District Judge James Browning, a George W. Bush appointee, ruled that the Department of Homeland Security had complied with the law and acted within its powers and discretion;  sovereign immunity protected the federal government from liability; and the federal government’s policies satisfied due process and other constitutional standards.

The plaintiffs have not yet indicated whether they plan to appeal.  If the plaintiffs choose to appeal, their deadline to file will be on May 4, 30 days from Judge Browning’s order. The U.S. Court of Appeals for the Tenth Circuit, which is based in Denver and covers New Mexico, Colorado, Utah, Wyoming, Kansas and Oklahoma would hear the appeal.

This order may dissuade other states and local governments from filing lawsuits to get damages from the federal government for enforcing our nation’s immigration laws.