New Mexico AG Statement on SCOTUS Decision Regarding ICE Racial Profiling

AG: New Mexico Press Releases

Filed September 9th, 2025

Detected March 21st, 2026

Summary

New Mexico Attorney General Raúl Torrez issued a statement denouncing a U.S. Supreme Court administrative stay that allows federal agents to continue racial profiling. Torrez affirmed that the New Mexico Constitution protects individuals from racial profiling by state and local law enforcement, even when assisting federal agents.

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What changed

New Mexico Attorney General Raúl Torrez has issued a statement condemning the U.S. Supreme Court's administrative stay of a lower court decision that permitted U.S. Immigration and Customs Enforcement (ICE) agents to detain individuals based on perceived race, ethnicity, language, or occupation. The AG's statement, issued September 9, 2025, highlights that while the Supreme Court's decision did not address the merits of the California lawsuit, it is expected to influence ICE operations nationwide. Torrez emphasized that this decision is a "grave insult" to New Mexico residents, particularly its large Latino population, and undermines constitutional rights.

In response, Attorney General Torrez asserted that the New Mexico State Constitution continues to protect individuals from racial profiling by state, county, and municipal law enforcement, regardless of their assistance to federal agents. He urged New Mexico law enforcement officers to adhere to state law and encouraged any individuals who believe they have experienced racial profiling in New Mexico to contact the Attorney General's office for protection and to uphold constitutional rights. This statement serves as a directive to state and local law enforcement and an advisory to the public regarding their rights under New Mexico law.

What to do next

Review New Mexico State Constitution provisions regarding racial profiling protections.
Ensure state and local law enforcement assisting federal agents are aware of and adhere to New Mexico law.
Establish or reinforce channels for individuals to report suspected racial profiling incidents to the AG's office.

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STATEMENT: New Mexico Attorney General Raúl Torrez Cites State Constitution in Response to U.S. Supreme Court Decision Concerning Racial Profiling by ICE Personnel

September 9, 2025

New Mexico Attorney General Raúl Torrez today denounced the U.S. Supreme Court’s administrative stay of a lower court decision that effectively allows federal agents to continue to stop and detain people based on their perceived race or ethnicity, their language or accent, and the type of work they do.

The decision, which was handed down without comment in a 6-3 decision, followed an appeal by the Trump Administration of a lower court’s decision in a lawsuit filed by U.S. citizens who had been swept up by ICE agents in Los Angeles. Although the decision technically did not address the merits of the profiling issue raised by plaintiffs in California, it is expected to guide ICE agents’ actions nationwide going forward.

“This decision, which effectively allows federal agents to continue to stop and detain people because of their skin color, the language they speak, and the work that they do, is a grave insult to the people of New Mexico. Our state has the highest proportion of Latinos in the nation — many of them, like me, American citizens whose families have lived in New Mexico for generations. This unconscionable decision, which ignores our Constitutional rights, make us second-class citizens in our own country.

“I want the people of New Mexico to know that our state Constitution continues to protect them from racial profiling by state, county, and municipal law enforcement. I also want to remind our law enforcement officers that they are required to follow New Mexico law, even if they are assisting federal agents. I encourage anyone in New Mexico who believes they have been subjected to racial profiling to contact our office. We are here to protect your rights and uphold the Constitution of our state. — Attorney General Raúl Torrez