The New Mexico State Ethics Commission filed a lawsuit Friday seeking to halt probation officers’ coordination with federal immigration agents and to force the Corrections Department to adopt new policies and training, the commission said.
Legal fight centers on 2025 privacy law
The complaint, brought under the 2025 Nondisclosure of Sensitive Personal Information Act, accuses the Corrections Department of providing immigration or other sensitive personal data about probationers to parties outside the agency. The statute gives the commission authority to bring civil suits when it finds evidence that state employees disclosed protected information except in narrow circumstances.
The commission had previously deferred suing Secretary Alisha Tafoya Lucero directly under that law while a state district court considered whether federal immigration law preempts the state statute. That deferral began in September 2025, but the agency said it moved forward after gathering additional records it believes show the conduct persisted after the law took effect on July 1, 2025.
What the lawsuit seeks
- A judicial determination about whether federal immigration law preempts the 2025 state statute.
- An order directing Secretary Tafoya Lucero to immediately stop facilitating ICE arrests of New Mexico probationers.
- Requirements that the Corrections Department adopt a new policy banning the practice, deliver training to probation officers, and add safeguards to the probation database.
In court filings submitted July 2, the commission attached emails and other records it says show probation officers referred undocumented probationers to U.S. Immigration and Customs Enforcement at supervisors’ direction. The filings also allege the practice was broader and continued after the state law took effect.
Why this matters for New Mexico
The suit raises questions about how state agencies balance public-safety supervision with protections for personal information, and whether state law can limit or regulate cooperation with federal immigration authorities. If the commission prevails, corrections operations would likely change, including formal prohibitions, new training for probation staff and technical safeguards in tracking systems.
| Key date | Event |
|---|---|
| July 1, 2025 | 2025 Nondisclosure of Sensitive Personal Information Act takes effect |
| September 2025 | Commission deferred direct suit pending court review of federal preemption |
| July 2, 2026 | Commission filed court records alleging referrals by probation officers |
| July 10, 2026 | Commission announced it was proceeding with a lawsuit |
The commission says it still seeks a legal ruling about federal preemption but added the request for immediate injunctive relief after obtaining what it called additional evidence that made immediate action necessary.
The lawsuit marks a more aggressive enforcement posture by the ethics oversight body and could prompt broader litigation or policy reviews about information-sharing between state probation systems and federal immigration authorities. The outcome will affect not only the Corrections Department’s internal practices but also how other state agencies interpret the limits of the 2025 law.
