New Mexico Corrections Cabinet Secretary Alisha Tafoya Lucero has taken significant steps in response to a complaint filed by the State Ethics Commission regarding her department’s alleged collaboration with immigration authorities. The complaint, which asserts that this cooperation may violate state law, has now been moved to the U.S. District Court.
The legal representation for Tafoya Lucero submitted a notice of removal on Friday, arguing that the case is better suited for federal court. The complaint seeks a declaratory judgment that necessitates interpreting federal law, which the lawyers assert is beyond the jurisdiction of state courts.
The State Ethics Commission’s complaint was lodged in September 2023 and requests clarification on whether federal law prohibits the commission from pursuing civil action against Tafoya Lucero. This action relates to the enforcement of the Nondisclosure of Sensitive Personal Information Act, which came into effect in July 2023. This law bars state employees from disclosing sensitive personal information, including details about individuals’ immigration status.
The allegations at the center of the complaint suggest that probation officers under Tafoya Lucero’s supervision shared personal information regarding probationers with Immigration and Customs Enforcement (ICE), potentially conflicting with the new state law.
Department of Corrections spokesperson Brittany Roembach has refrained from commenting on the specific allegations but acknowledged the case’s transition to federal court. “We know the case was removed to federal [court], and we look forward to the federal courts weighing in,” Roembach stated in an email on Friday.
This case highlights the ongoing tension between state laws aimed at protecting personal information and federal immigration enforcement practices. As the U.S. District Court prepares to address these complex legal questions, the outcome could have significant implications for how state departments interact with federal immigration authorities in the future.
The developments in this case will be closely monitored, as they may influence the policies of state agencies and their compliance with both state and federal regulations regarding sensitive personal information.
