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Bernalillo County DA Warns ICE Agents of Prosecution for Warrantless Detentions

He cites New Mexico’s false-imprisonment statute to warn that warrantless detentions could bring felony charges.

Overview

  • On Jan. 22, District Attorney Sam Bregman sent a formal letter to ICE Assistant Field Office Director Bill Shaw outlining potential criminal charges.
  • The letter states that any ICE agent who detains, confines, or restrains a person in the county without a signed warrant, reasonable suspicion, or probable cause may be prosecuted.
  • Bregman cites NMSA 1978, § 30-4-3, which defines false imprisonment as a felony and includes no exception for officers acting without lawful authority.
  • In a CNN interview, Bregman said involuntary restraint without lawful authority constitutes false imprisonment and he pledged to prosecute offending agents.
  • He also said his office will prosecute violent felonies regardless of immigration status and referenced recent videos of ICE actions that raised constitutional concerns.