Illegitimate intervention by probation officers aids Immigration and Customs Enforcement (ICE) in detaining three New Mexico locals, according to the Ethics Commission's findings.
In a recent development, the New Mexico Ethics Commission has filed a legal action against Corrections Secretary Alisha Tafoya Lucero, alleging violations of the Nondisclosure of Sensitive Personal Information Act (NSPIA). The law, signed into effect by Gov. Michelle Lujan Grisham in April 2022, prohibits the disclosure of personal information, including immigration status or national origin.
The complaint, which seeks to confirm the Ethics Commission's authority to enforce the law and bring civil actions against violators, cites three examples of New Mexico residents who were taken into Immigration and Customs Enforcement (ICE) detention when they reported to probation offices in Albuquerque and Santa Fe.
One of the detained individuals, an Albuquerque man named Juan Lamas Aguilar, was deported in July 2022 after living in Bernalillo County since 2007. Another resident, Moises Llaguno, a Bernalillo County resident since 2007, was taken into ICE custody on July 10, 2022, at the Probation and Parole office at 111 Gold NE. Llaguno had been sentenced to 334 days of supervised probation for a DUI charge in the 2nd Judicial District Court and was arrested by ICE agents after being told to report to the Probation and Parole office.
Melvin Escobar-Arauz, another resident, was sentenced to three years of supervised probation for battery on a peace officer and was taken into ICE custody at a probation office in Santa Fe on Aug 18, 2022. Escobar-Arauz is currently being held at an ICE detention facility in El Paso.
Sen. Antoinette Sedillo Lopez, a sponsor of NSPIA, expressed outrage at the allegations, stating that the complaint shows immigrants are fulfilling their responsibilities under state law and obeying judicial orders. The New Mexico Corrections Department has stated that the Probation and Parole Division is committed to full compliance with state and federal laws.
However, the search results do not contain information about a specific person who was charged in a court case for violating the law prohibiting state employees from disclosing personal information, including immigration status and nationality, to third parties outside the public office. The New Mexico Ethics Commission did not file a legal action against any individual, but against Corrections Secretary Alisha Tafoya Lucero.
The allegations state that probation officers have been communicating with ICE agents about New Mexico probationers since December 2024. The New Mexico Ethics Commission is seeking to address these alleged violations and ensure the protection of sensitive personal information in accordance with state law.
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