Heinrich, Vasquez call for investigation into health center’s citizenship policy
New Mexico attorney general urged to review allegations of denied medical care
Damien Willis, Organ Mountain News
WASHINGTON — U.S. Sen. Martin Heinrich and U.S. Rep. Gabe Vasquez, both Democrats from New Mexico, are urging state Attorney General Raúl Torrez to investigate reports that Ben Archer Health Centers denied medical care to individuals unable to provide proof of citizenship.
The lawmakers said Heinrich’s office was alerted to the policy by constituents and later confirmed that Ben Archer was requiring proof of citizenship at school-based health clinics, standalone facilities and for same-day appointments. The health center cited former President Donald Trump’s executive order, “Ending Taxpayer Subsidization of Open Borders,” issued on Feb. 19, 2025, as justification for the policy. The lawmakers said the order does not affect health care access for non-citizens and that both state and federal law require clinics funded through public programs to provide care to all local residents.
In a social media post, Heinrich condemned Ben Archer’s policy and later welcomed its reported reversal. However, his office has since received reports that the policy is not being consistently enforced.
Ben Archer Health Center is turning away KIDS & patients without birth certificates to prove citizenship, at school clinics and other clinics.
— Martin Heinrich (@SenatorHeinrich) February 26, 2025
This is NOT okay.
We have a measles outbreak and skyrocketing grocery prices, and Donald Trump is focusing on THIS?! pic.twitter.com/CJhhjKBxYN
“We write to request that you investigate whether Ben Archer Health Centers’ (BAHC) denial of medical care to individuals unable to provide ‘proof of citizenship’ potentially denied care to U.S. citizens and violated federal or state law,” Heinrich and Vasquez wrote in a letter to Torrez. “This federal and state support creates not only an ethical but legal obligation to provide primary health care to all New Mexicans, addressing the urgent needs of medically underserved residents in our state.”
The lawmakers cited multiple reports from Feb. 26 of patients being turned away. One patient with diabetes was reportedly unable to refill an insulin prescription, while another seeking psychotropic medication was denied services at Ben Archer’s onsite pharmacy. A separate report included a photograph of a posted notice at a school-based clinic in Las Cruces stating that individuals “who entered the United States illegally or are otherwise unlawfully present” did not qualify for federally funded services at Ben Archer Health Centers.
Ben Archer operates clinics at three high schools in Las Cruces Public Schools. The New Mexico Department of Health and the Primary Care Association of New Mexico contacted Ben Archer, prompting the removal of posted notices. However, Heinrich and Vasquez said visits to the clinics indicate continued inconsistent enforcement of the policy.
The lawmakers also noted that the issue arises amid a measles outbreak. A recent case in West Texas resulted in the death of a school-age child, and New Mexico health officials have confirmed nine cases in Lea County.
“Access to vaccinations and treatment is critical,” the lawmakers wrote. “The last thing a family needs when attending an appointment at their local school-based clinic — funded by federal, state and county dollars — is to be turned away unless they prove citizenship.”
Heinrich and Vasquez said Ben Archer’s policy appears to violate federal and state law. They cited 42 U.S.C. § 254b, which requires publicly funded health centers to serve all residents in their area, and NM Stat § 24A-1-20, which mandates that health benefits be provided to non-citizens meeting eligibility requirements. They also pointed out that Ben Archer receives funding from the New Mexico Department of Health, Children, Youth and Families Department, Human Services Department and Doña Ana County.
“BAHC’s unilateral decision to require documentation of citizenship as a prerequisite to providing health care is not only unreasonably burdensome for New Mexican families, but we believe it also violates the law,” they wrote. “Despite their citing of President Donald Trump’s executive order, that order has no bearing on health centers’ provision of health care to non-citizens and does not supersede applicable law.”
The lawmakers said they are aware of constituents directly impacted by Ben Archer’s policy and are prepared to provide additional information upon request. They urged the attorney general to investigate and hold the health center accountable.
A full copy of their letter is available below.
Damien Willis is founder and editor of Organ Mountain News. He can be reached at OrganMountainNews@gmail.com or on X at @damienwillis.