Gonzalez v. City of Albuquerque, New Mexico

In 1982, MALDEF helped secure a landmark victory in the Supreme Court case Plyler v. Doe, guaranteeing the right of all school children, including undocumented immigrants, to have access to a K-12 public education.

In March 2004, with no evidence of a violation of a school code or criminal law, local police stopped three undocumented high school students while they were on school grounds. The boys were seized, interrogated, searched, and ultimately turned over to the United States Border Patrol. MALDEF filed a federal suit on behalf of the students and an Albuquerque parent organization alleging that Albuquerque Public School (APS) administrators, officers of the Albuquerque Police Department, and a Border Patrol Agent violated the students’ constitutional rights.

In July 2006, MALDEF secured wide-reaching changes to school policy in settlement of the plaintiffs’ claims against APS. In addition to monetary damages, the school district agreed to implement new board policies, training, and procedural directives that would guarantee the right of all students to attend the public schools regardless of immigration status.

In January 2007, the Court entered a Consent Judgment in favor of MALDEF’s clients Carlos Gonzalez and Ruben Tarango against the United States Customs and Border Protection for its actions on the day of the incident.

In August 2007, MALDEF secured changes in policy in a settlement of its claims with the Albuquerque Police Department Defendants. MALDEF’s settlement included the adoption of new police procedures that strictly prohibit officers from inquiring into the immigration status of individuals during routine traffic stops and other situations in which they may come across undocumented immigrants. The new policy also prohibits police officers from questioning or detaining minors near or on public school grounds on any immigration-related matter. The City of Albuquerque also agreed to provide comprehensive training to every police officer in the City. MALDEF continues to monitor the City's compliance with the police training provisions in the Settlement Agreement.

MALDEF and Community Coalition Reach Agreement With City of Albuquerque on Policies Against Local Enforcement of Federal Immigration Law

August 14, 2007

ALBUQUERQUE, NM — Today, the Mexican American Legal Defense and Educational Fund (MALDEF), the nation’s leading Latino legal organization, and a coalition of community organizations led by El CENTRO de Igualdad y Derechos announced that the Albuquerque Police Department (APD) and the city of Albuquerque have agreed to implement new police procedures related to the city's policy against local enforcement of federal immigration laws. The new procedures clearly state that Albuquerque police are not to engage in investigating a person’s immigration status nor are they to enforce federal civil immigration laws.

“The new police procedures adopted by the city reinforce its policy that no city resources are to be used to investigate any immigration-related matter, which is strictly a federal responsibility,” said David Urias, MALDEF staff attorney and lead counsel in the case. “The policy will in no way prevent officers from arresting anyone that commits a crime or that threatens the public safety, but instead only ensures that police officers focus on keeping all communities safe and encourages members of the immigrant community to trust officers.”

The implementation of the new APD procedures is the result of community efforts and part of a settlement between MALDEF and the city, which resolves the case of Gonzalez vs. the City of Albuquerque, a civil rights lawsuit filed in May of 2005. The suit alleged that Albuquerque police and employees of Albuquerque Public Schools violated the civil rights of three high school students by seizing and detaining them at Del Norte High School until immigration officials could question them about their immigration status.

Rachel LaZar, Director of El CENTRO, stated, “We are proud to have engaged in dialogue with MALDEF, faith and civil rights leaders, victims’ advocates, the immigrant community, and law enforcement officials to ensure that the Albuquerque Police Department’s standard operating procedures reflect Albuquerque’s long history of passing non-discrimination policies that promote public safety, and reflect the unique needs and demography of our community. We will now work with the community to ensure that APD is held accountable for its implementation and that this policy is not violated.”

MALDEF previously settled the portion of the case against the Albuquerque Public Schools, which resulted in changes in school district policies. Under that settlement, school officials must ensure that all students, regardless of their immigration status, are safe and secure while in school. The settlement also prohibits school officials from reporting students to immigration officials while they are at school.