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Albuquerque, NM Immigration Policy: Sanctuary Policy Preemption (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Adopted
Ordinance 2026-009
Covers
Parking lots, garages, parks, vacant lots
Custody transfers
Barred without valid judicial warrant
Policy basis
Immigrant Friendly City Policy, R-2018-018
Applies to
City departments, employees, contractors, agents

Summary

City-owned lots, garages, and parks cannot be used as staging areas, processing sites, or operations bases for federal immigration enforcement under Ordinance 2026-009, part of Albuquerque's Immigrant Friendly City Policy.

No City-owned and operated structure or venue, including but not limited to parking lots, vacant lots, garages, parks, or similar structures or venues, shall be used for immigration enforcement purposes, including as a staging area, processing location, or operations base. ...the City shall not use any City resources...nor permit any such resources to be used to transport individuals for immigration enforcement purposes, nor shall City property or resources be used to facilitate custody transfer or transport to federal immigration authorities absent a valid judicial warrant or court order.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-95: Current through Ordinance 2026-010, passed 4-6-2026).

Full Breakdown

Section 5-1-5 of the Revised Ordinances of Albuquerque bars any City-owned or operated structure or venue, parking lots, vacant lots, garages, parks, or similar spaces, from being used as a staging area, processing location, or operations base for immigration enforcement. City departments must post signage on properties likely to be targeted, secure access with gates or barriers where appropriate, and, citing the 2018 Immigrant Friendly City Policy (C/S R-18-7, Enactment No. R-2018-018), the City may not use money, equipment, personnel, vehicles, or facilities to transport people for immigration enforcement or to facilitate a custody transfer to federal immigration authorities absent a valid judicial warrant or court order.

Violations & Fines

This restricts City government, not residents: there's no fine for the public. A City employee who learns of attempted or actual immigration-enforcement use of a City lot or garage must immediately report it to their supervisor, who notifies the Mayor and City Attorney.

Frequently Asked Questions

Does Albuquerque let ICE use city property?
No. City-owned lots, garages, and parks cannot serve as a staging area, processing site, or operations base for immigration enforcement under ROA § 5-1-5.
Can the City hand someone over to federal immigration agents?
Only with a valid judicial warrant or court order. City resources and property cannot otherwise be used to facilitate a custody transfer for immigration enforcement.
What happens if a City lot is used for ICE staging anyway?
Any City employee who becomes aware of it must immediately report it to their supervisor, who notifies the Mayor and City Attorney.

Sources & Official References

Other rules in Albuquerque

All Albuquerque rules

Compare Albuquerque to another location·View the New Mexico immigration policy overview

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