Records: New Mexico governor has OK鈥檇 more than $2M for National Guard deployment to Albuquerque - by Austin Fisher,
Executive orders from the governor鈥檚 office show New Mexico has so far authorized over $2 million to be spent on the emergency deployment of National Guard troops to the state鈥檚 largest city, even before most people might notice their presence on the streets.
As many as 70 soldiers are expected to deploy to the city imminently, according to an April from the governor鈥檚 office. Gov. Michelle Lujan Grisham previously Source NM troops have already started training for their new roles with the New Mexico departments of Homeland Security, Public Safety, State Police and the Albuquerque Police Department.
Albuquerque Police Chief Harold Medina on March 31 Lujan Grisham to send in 鈥渋mmediate reinforcement鈥� to help his officers deal with fentanyl use and violent crimes allegedly committed by children.
Lujan Grisham on April 7 an emergency in the city of Albuquerque and authorized the New Mexico National Guard to spend $750,000 in order to help the Albuquerque Police Department.
The executive order states that National Guard troops would help APD with 鈥渘on-law enforcement鈥� activities including traffic control, administrative duties, transporting incarcerated people, court security, emergency response and 鈥渙ther critical functions that allow local law enforcement to focus on crime reduction efforts.鈥�
The American Civil Liberties Union of New Mexico the move, saying that 鈥渕ilitarizing civilian law enforcement will lead to civil rights violations and further criminalize homelessness rather than address the root causes of public safety issues.鈥�
The military operation is expected to cost $750,000 per month, the New York Times .
Lt. Gov. Howie Morales on April 17 the emergency declaration and authorized another $750,000. Morales was acting governor while Lujan Grisham was to Asia.
Lujan Grisham last Friday the emergency again, and authorized an additional $750,000. Her executive order states that it will remain in effect until the money is spent or no longer needed.
is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Source New Mexico maintains editorial independence. Contact Editor Julia Goldberg for questions: info@sourcenm.com.
Federal judge dismisses more than 100 border trespassing charges related to military zone - Colleen Heild,
In a blow to the Trump administration鈥檚 new military mission on the southern U.S. border, New Mexico鈥檚 top federal magistrate judge has ruled the government had no probable cause to charge hundreds of migrants with trespassing onto newly designated military property.
The decision by U.S. Chief Magistrate Judge Gregory Wormuth of Las Cruces resulted in the dismissal of the misdemeanor trespassing charges in nearly two dozen illegal entry cases in federal court in Las Cruces on Thursday. The night before, nearly 100 such dismissals were filed, based on earlier requests by defense attorneys at their clients鈥� initial court appearances.
And while more dismissals of the trespassing charges are expected, most, if not all, defendants are still facing illegal entry charges and remain in federal custody at jails across southern New Mexico.
The U.S. Attorney鈥檚 Office in Albuquerque on Thursday had no immediate response to Journal questions about the ruling, including whether U.S. Attorney for New Mexico Ryan Ellison will appeal Wormuth鈥檚 dismissals to the U.S. District Court.
More than 300 people have been charged with entering restricted U.S. Army property and violating security regulations and orders since late April, when federal property was transferred to the Fort Huachuca Army Garrison as a way to add a military presence on the New Mexico border. The additional misdemeanors carry a total maximum sentence of 18 months in prison.
鈥淎ll these clients have been in this holding pattern waiting for the judge鈥檚 decision,鈥� El Paso attorney James Granberg said Thursday afternoon. The prosecutions have filled southern New Mexico jails, and during hearings in U.S. District Court in Las Cruces, defendants have spilled into a second courtroom awaiting their appearances.
In his order, Wormuth found that defendants had to have knowledge they entered what is called the New Mexico National Defense Area, which is the 60-foot-wide strip adjacent to the U.S. border in southern New Mexico. Defense attorneys have argued that their clients had no idea they were stepping onto military land when they crossed the border, and the judge stated that the United States, in filing the charges, provided no facts from which one could 鈥渞easonably conclude鈥� that a defendant knew he or she was entering the restricted area.
鈥�...The mere fact that some 鈥榮igns鈥� were posted in the (zone) provides no basis on which to conclude that the Defendant could have seen, let alone did see, the signs. Relevant facts on the matter would include, the words on the signs, the size of the signs, the height, the density of the signage, evidence regarding how close Defendant was to a sign at any time prior to the apprehension, and the lighting conditions at the relevant time and whether the signs were lighted or otherwise visible,鈥� wrote the judge in dismissing the charges.
Criminal complaints reviewed by the Journal don鈥檛 mention how close to any warning signs a defendant was when discovered by the U.S. Border Patrol in the 180-mile long military zone, but Border Patrol agents do specify the distance to the nearest U.S. port of entry.
Wormuth wrote that the factual allegations in the criminal complaints 鈥渁re virtually identical with respect to the two 鈥榤ilitary trespass鈥� charges across hundreds of cases. The government鈥檚 鈥榗ut and paste approach鈥� to factual allegations in the complaints allows this Court to apply the legal analysis contained herein across every criminal complaint charging these crimes filed thus far and still pending.鈥�
Wormuth on May 1 had asked both prosecutors and defense attorneys to weigh in on the legal questions spurred by the new prosecution practice related to the defense zone, citing in part the scarcity of case law on the topic.
In response, Ellison鈥檚 office argued that those charged with the trespassing on military property knew they were crossing illegally into the U.S., and that knowledge was enough under the law for someone to be prosecuted on the military trespassing charges.
But Ellison on Sunday filed an unusual objection to Wormuth ruling at all on the issue, going so far as to criticize the judge.
In a footnote to his 16-page order on Wednesday, Wormuth responded, describing Ellison鈥檚 objection as 鈥渞emarkable鈥� in its tone and content. 鈥淚ncredibly, this histrionic filing is in response to the Court鈥檚 order for the United States Attorney鈥檚 Office to file a brief on a legal question about a criminal charge it had brought.鈥�
Wormuth added, 鈥淣otably, the United States made no timely objection to the briefing order. In fact, the United States filed its brief before apparently realizing days later that the mere request for briefing was 鈥榓n improper exercise of the Court鈥檚 authority鈥� and an 鈥榚xtraordinary departure from...foundational principles.鈥欌��
Wormuth, a former federal prosecutor, has served as a U.S. Magistrate judge in New Mexico since 2009 and just recently was appointed to another eight-year term.
Granberg told the Journal that the government may have a 鈥渟tronger case鈥� for prosecuting the trespassing related violations if more warning signs are posted and efforts are made to raise public awareness about the restricted military property.
At the same time, he said, there are people crossing into the U.S. who are from South America 鈥渁nd have very little education.鈥�
Federal authorities 鈥減resume they (the migrants) know how to read, but some folks don鈥檛. Some folks are from the mountains of Mexico and Guatemala and they speak in different dialects.鈥�
Rio Arriba County Sheriff Billy Merrifield died of fentanyl, alcohol toxicity - John Miller,
After the call went out on Easter Sunday that Rio Arriba County Sheriff Billy Merrifield had been found unresponsive in his patrol unit outside his Abiqui煤 Reservoir home, more than a dozen of his fellow law enforcement officers responded, combing the cliffside property for clues until the sun sank beyond the rose-colored Mesa Prieta.
The subject being one of their own, the call might have seemed extraordinary at the time, but a toxicology report released this week by the New Mexico Office of the Medical Investigator revealed something at the root of Merrifield鈥檚 death familiar to all northern New Mexico first responders: fentanyl, a synthetic opioid that claims tens of thousands of lives in the U.S. every year.
The report was released on Thursday and states Merrifield, 50, died due to the 鈥渢oxic effects of fentanyl and ethanol.鈥� The state鈥檚 medical team determined Rio Arriba鈥檚 former top cop had a blood alcohol concentration of 0.071% 鈥� below the legal limit of 0.08% to operate a motor vehicle in New Mexico. His blood also contained 23 nanograms per millimeter of fentanyl, a drug estimated to be 50 to 100 times more powerful than morphine.
While OMI ruled Merrifield鈥檚 death an accident, New Mexico State Police spokesperson Amanda Richards said Thursday that the investigation into the late sheriff鈥檚 death remains open.
Appointed sheriff in 2022, Merrifield鈥檚 fatal overdose follows a string of controversies that have plagued the Rio Arriba County Sheriff鈥檚 Office in recent years. According to previous Journal reporting, former Rio Arriba sheriff James Lujan received a three-year prison sentence in 2021 after a jury convicted him of two felonies for helping a friend avoid arrest in 2017. In 2015, Tommy Rodella was sentenced to 10 years and one month for convictions on two federal counts related to a 2014 road rage incident.
Lorenzo Aguilar, who spoke to the Journal outside Merrifield鈥檚 home on Easter Sunday, was appointed sheriff by Rio Arriba county commissioners April 21. He issued a statement Thursday expressing 鈥減rofound disappointment and concern鈥� regarding the findings in Merrifield鈥檚 death.
鈥淚t is essential to emphasize that no individual is above the law, particularly those of us who have taken an oath to uphold it,鈥� the statement reads. 鈥淲hile we all make mistakes as human beings, public officials are held to a higher standard due to the trust and responsibility bestowed upon them by the community they serve.鈥�
Dispatch logs and 911 calls revealed Merrifield had been in a car crash in his patrol unit hours before he was found inside the vehicle near his home on April 20.
A friend told State Police that a woman had called him around 3 a.m. that day to say she was with Merrifield while he was off duty when they got into a 鈥渕inor crash鈥� in his patrol vehicle, according to State Police spokesperson Wilson Silver. Silver said the friend found Merrifield in his vehicle about a half mile from the sheriff鈥檚 home. Merrifield told the friend he was OK, and the vehicle was then returned to Merrifield鈥檚 residence.
When the friend was unable to reach Merrifield by phone to check on him, they returned to the residence around 10 a.m. and found the sheriff in his patrol unit, not breathing.
According to a dispatch log entry, Merrifield鈥檚 neck and fingertips were turning purple 鈥� a hallmark of an opioid overdose, which causes a person鈥檚 breathing to slow dangerously or stop, leading to brain damage or death, according to the Centers for Disease Control and Prevention. In recent years, fentanyl has eclipsed the likes of heroin, an illicit opioid, and oxycontin, a prescription drug that fueled the opioid epidemic from the late 鈥�90s through the 2010s, as synonymous with drug addiction and overdose in the U.S.
Drug overdose deaths dropped to the lowest they鈥檝e been in five years nationwide in 2024, CDC data shows. A total of 54,743 Americans died from drug overdoses last year, 48,422 鈥� or 60% 鈥� due to synthetic opioids like fentanyl.
According to a January report from the New Mexico Department of Health, fentanyl was involved in 65% of overdose deaths in the state in 2023. However, overall overdose deaths have also declined in New Mexico 鈥� down 8% statewide since 2021, when they reached a peak of 1,029.
Data from the New Mexico Department of Health shows that Rio Arriba ranked the highest among all 33 counties in the state for drug overdoses from 2017-2021, with an estimated rate of 95.4 deaths for every 100,000 people.
Aguilar, who took Merrifield鈥檚 place, said he understands that public confidence in his office could be shaken by the report that Merrifield had fentanyl in his blood at the time of his death. Aguilar said he was committed to holding himself and his office to higher standards.
鈥淭hose who compromise the integrity of our badge and the principles we stand for have no place within this agency,鈥� his statement continued. 鈥淚t is imperative that we uphold the highest standards of conduct, as our community deserves law enforcement officials who exemplify honor and responsibility. Moving forward, I will work diligently to restore faith in our office and ensure that we continue to serve our community with the respect and integrity it rightfully expects.鈥�
To reach the National Helpline of the Substance Abuse and Mental Health Services Administration, call 1-800-662-HELP (4357).
Espa帽ola school ordered teachers to delete student immigration data during inquiry, union alleges - Patrick Lohmann,
The union representing teachers at an Espa帽ola high school has filed a complaint with the state labor board, alleging the school committed an unfair labor practice when it asked teachers to collect 鈥� and, soon after, delete 鈥� student immigration data in recent weeks.
, the National Education Association initially issued a cease-and-desist letter to the Espa帽ola School District superintendent regarding the high school鈥檚 effort to collect student immigration data as part of a standardized workplace readiness exam, though a spokesperson for the exam company told Source New Mexico that the company has no need for that information and does not ask test administrators to collect it.
In response to the NEA letter, the superintendent told the union that teachers were no longer required to collect student immigration data. However, soon after, high school leaders 鈥渂egan requiring educators to delete the information they had previously collected regarding students鈥� immigration and citizenship statuses,鈥� NEA spokesperson Edward Webster said in a news release Thursday.
Deleting the information amounted to 鈥渄estruction of evidence during an open union investigation鈥� and prompted the union to file a Prohibited Practice Complaint with the Public Employee Labor Relations Board of New Mexico.
The new complaint alleges the school violated aspects of the Public Employee Bargaining Act of New Mexico, which defines unfair labor practices as those that violate employee rights and carry legal consequences.
The state labor relations board had not yet scheduled a hearing for the case, according to its website.
Espa帽ola Superintendent Eric Spencer, who will retire in late June, did not respond to a list of questions Thursday from Source NM. He has previously said that his staff is working with the union on the matter and that, 鈥淭he district takes all matters of student confidentiality seriously.鈥�
According to the union, the emailed letter from the union cited the 1982 Plyler v. Doe U.S. Supreme Court case that guarantees the right to a free, public education for all children, regardless of their immigration status.
NEA-NM President Mary Parr-Sanchez said in a statement Thursday the effort to collect student immigration information plays into the Trump administration鈥檚 targeting of immigrants. She noted that the Espa帽ola school district and others around the state have students in different and precarious immigration statuses, including students brought to the United States as minors and others who are seeking asylum due to political persecution.
鈥淭he current administration is targeting children in this country because of the color of their skin and origin of their birth,鈥� Parr-Sanchez said in a statement.
鈥淭his is no different than the harassment that our Las Cruces students experienced when they were going to a swim meet in Albuquerque when ICE officers ,鈥� she said.
First measles cases reported in Sandoval County, shoppers at Albuquerque grocery might have been exposed - Matthew Reisen,
The first measles cases have been reported in Sandoval County, and state officials are warning that the infected residents traveled through Albuquerque and Cedar Crest.
The New Mexico Department of Health, in a news release Thursday, said the residents visited a Rio Rancho hospital, an Albuquerque Trader Joe's and a barbecue spot in the East Mountains.
An adult "of unknown vaccination status" and an unvaccinated child younger than 4 have tested positive for the disease, according to the release.
The cases, and possible exposure areas, mark the farthest north measles has moved in the state after 71 cases were reported across Chaves, Curry, Do帽a Ana, Eddy and Lea counties.
Officials said the Sandoval County residents visited four locations while possibly infected: the Presbyterian Rust Medical Center Emergency Department on April 30 and May 11; the Presbyterian Rust Oncology Clinic on May 1; the Trader Joe's off Paseo del Norte on May 6; and Ribs Hickory Pit BBQ on May 10.
The Department of Health said anyone at those locations on those days may have been exposed to the disease.
鈥淚f you have been exposed to measles and are vaccinated, your risk of getting sick is low,鈥� Dr. Miranda Durham, NMDOH chief medical officer, said in the release Thursday. 鈥淲atch for symptoms, but know that the vaccine is very good at preventing measles.鈥�
Anyone who believes they may have been exposed and begins to show symptoms of measles 鈥� a cough, runny nose, eye redness leading to fever and a rash that starts from the head and moves down 鈥� should call the DOH helpline at 1-833-SWNURSE.
U.S. Rep. Vasquez re-introduces immigration detention oversight bill in Congress- Austin Fisher,
Southern New Mexico鈥檚 representative in the U.S. House of Representatives said Thursday he is introducing updated legislation intended to require federal immigration authorities to report their activities to Congress.
U.S. Rep. Gabe Vasquez (D-N.M.) held a news conference on Thursday alongside two community organizations to discuss what he called the 鈥淗umane Accountability Act 2.0,鈥� which would require the federal Department of Homeland Security to report to Congress all immigration detentions, removals and encounters that have occurred since January.
Vasquez said the new version of the bill is updated to 鈥渞eflect the times that we鈥檙e in today,鈥� specifically the U.S. government . He said the legislation would require DHS to report, with legal justifications, each detention, removal or transfer to 鈥渘on-traditional sites鈥� like the Terrorism Confinement Center in El Salvador or the U.S. military base in Guantanamo Bay, Cuba.
The bill also blocks surprise detentions at military bases, on tribal lands or overseas sites, requiring advanced notice with justification, including costs and care standards, he said.
The legislation would also mandate DHS to report on conditions in immigration detention centers for issues such as assaults, abuse, hospitalization and death, Vasquez said, along with complaints from detained people about access to legal representation or retaliation.
The congressman was joined by Lan Sena, policy director for the , and Casey Mangan, a lawyer with the 鈥檚 detention and asylum team.
Mangan said all three of New Mexico鈥檚 ICE detention facilities 鈥� the , the and the 鈥� are full.
鈥淥n top of worsening conditions in the facilities, we鈥檙e seeing families and communities ripped apart by large-scale deportations, jamming people through the process without any due process,鈥� he said.
Vasquez said detention centers like the one in Torrance County have shown substandard care for the people they hold, 鈥渁nd DHS has to be held accountable, as well as the private prison corporations that operate these centers.鈥�
鈥淒ue process, transparency and accountability are not optional in a democracy,鈥� Vasquez said.
Vasquez said seven people have died while in the custody of U.S. Immigration and Customs Enforcement since January. He said the agency is detaining more than 52,000 people, far above its 41,500-person capacity, and is on track to spend more than Congress has allowed.
Mangan said not much has changed as a result of his organization鈥檚 and the federal government鈥檚 own documentation of abuses, neglect and deaths caused by ICE negligence in New Mexico.
鈥淚f anything, things have gotten worse,鈥� Mangan said. 鈥淭here鈥檚 a reason for that: Under current state law, these facilities operate without state oversight and functionally without any federal oversight.鈥�
Sena, the daughter of Vietnamese refugees, noted that May is Asian American, Pacific Islander and Native Hawaiian Heritage Month and said she is reminded of the deep history of injustices against immigrants in the U.S.
鈥淣ow, our community is facing dire threats as we are being detained without due process, nor receiving proper notification or information in their own languages, and potentially being sent to countries they have never lived in nor citizens of,鈥� Sena said.
Sena said Vasquez鈥檚 legislation 鈥渟hines a light on the darkest corners of our immigration system, and demands accountability from those in power,鈥� and urged Congress to pass it.
Vasquez said he has very little faith that the Trump administration would sign the bill into law in the event Congress does pass it, but he will keep introducing it.
Mangan said the bill would be an important step toward guaranteeing the due process everyone has under the U.S. constitution, including migrants.
鈥淣ow, more than ever, we need to enforce the rule of law and support the important power that Congress has to provide a check on executive power,鈥� he said.
NM Supreme Court rules alleged crime victims don鈥檛 need to disclose visa applications - Patrick Lohmann,
The New Mexico Supreme Court on Thursday ruled unanimously that criminal defendants are not entitled to visa applications from their alleged victims who are seeking protections from deportations as part of their testimonies.
So-called U and T visas allow non-citizen crime victims to report crimes and testify against perpetrators without fear of being deported. Approved visas allow victims temporary stays in the United States and also a potential avenue to lawful permanent resident status.
Last year, the court ordered judges in San Juan and Bernalillo counties to return or destroy victim visa application material that prosecutors had previously provided to defense teams. The court鈥檚 new ruling in an opinion issued today provides the legal reasoning for that order.
A rule requiring prosecutors to provide applications to defense teams could have a 鈥渃hilling effect鈥� on 鈥渋mmigrants鈥� willingness to report crimes,鈥� the court鈥檚 opinion, written by Justice Shannon Bacon, said.
First Judicial District Attorney Mary Carmack-Altwies recently told Source New Mexico that some immigrant crime victims have stopped answering her phone calls, potentially out of fear of being deported despite qualifying for U visas. About 25 alleged crime victims applied for the visa in her judicial district in the first two months of 2025.
One woman who stopped participating in the criminal justice process accused her partner, a United States citizen, of abusing her and two kids, both under age 11 and citizens themselves, Carmack-Altwies said in February.
While the court rules that visa applications are now confidential and protected against disclosure during discovery, there are instances when information in an application must be turned over.
For example, if the prosecution knows that a victim has applied for a U visa, they should turn that over to the defense team, 鈥渂ecause the fact of a U/T-Visa application is relevant impeachment material,鈥� the court wrote.
A crime victim鈥檚 credibility could reasonably be called into question, according to the court, because the benefits of a U or T visa are 鈥渟ignificant and could provide ulterior motives.鈥�
The court explained that 鈥渢he defense may impeach the victim鈥檚 credibility by cross-examining the victim about the potential benefits that a U/T-Visa offers to a victim, acknowledging these benefits are significant and could provide ulterior motives.鈥�
- When the U/T-visa application is relevant to the victim鈥檚 motive, the court wrote, a defendant can:
- Cross-examine witnesses, including victims, regarding their knowledge and participation in the U/T-Visa application process and their reasons for involvement;
- impeach a witness who has made 鈥減rior inconsistent statements on the topic鈥�;
- educate the jury about what U/T visa is and their benefits by cross-examining the state鈥檚 witnesses or direct examination of defense witnesses鈥�;
- and make related closing arguments
Also, if prosecutors have a copy of the visa application and material within it bears on the defendant鈥檚 guilt, then the information 鈥� 鈥渘ot the application鈥� itself 鈥� must be disclosed, according to the court opinion. If the prosecution and defense disagree on whether information in the application is material, a judge may have to review it in private.