New Mexico attorney general orders Ben Archer Health Centers to stop requiring proof of citizenship
Action follows concerns raised by U.S. Sen. Martin Heinrich, U.S. Rep. Gabe Vasquez
Damien Willis, Organ Mountain News
SANTA FE, N.M. — New Mexico Attorney General Raúl Torrez has issued a cease-and-desist order to Ben Archer Health Centers after reports that the organization was requiring proof of citizenship before providing medical care. The move follows calls from U.S. Sen. Martin Heinrich and U.S. Rep. Gabe Vasquez for an investigation into the practice, which they say violates state and federal law.
“What Ben Archer was pulling at its health clinics wasn’t just wrong, it was illegal,” Heinrich said in a statement. “I’m pleased Attorney General Raúl Torrez is taking action to hold Ben Archer accountable for following the law and ensuring that every New Mexican who requests it receives the medical attention they need.”
Cease-and-desist order details
In a Feb. 28 letter to Ben Archer Health Centers, Torrez instructed the organization to immediately stop conditioning health care services on immigration status, stating that such practices violate state law. The letter also cited reports that Ben Archer had denied services to individuals who could not provide proof of citizenship and had disenrolled individuals and families from early childhood benefits.
While the organization has reportedly taken steps to reverse the policy and re-enroll affected individuals, Torrez said it remains unclear how many people were impacted and whether Ben Archer is now fully complying with state and federal law.
Torrez gave Ben Archer until the close of business on March 3 to provide:
- Written assurance that the organization has stopped the practice
- Documentation on efforts to re-enroll those previously denied services
- The total number of individuals who were affected
- A list of programs or services that were denied based on immigration status
- Documentation of federal, state and local funding sources allocated for the affected services
- Any communication from federal officials directing or recommending the implementation of the policy
Torrez also ordered Ben Archer to retain all records related to the matter, warning that any deletion, modification or concealment of documents could lead to further legal action.
Background on the policy
Heinrich’s office first received reports of the policy on Feb. 26 from constituents. His office confirmed that Ben Archer Health Centers was requiring proof of citizenship for patients at school-based health clinics, scheduled appointments at standalone clinics and same-day appointment requests.
Ben Archer officials cited former President Donald Trump’s Feb. 19, 2025, executive order, “Ending Taxpayer Subsidization of Open Borders,” as justification for the policy. However, federal and state laws require federally funded health centers to provide care to all residents in the areas they serve, regardless of citizenship status.
Heinrich publicly condemned the policy on social media last week and later acknowledged reports that the policy had been reversed. However, he also received reports that enforcement of the reversal has been inconsistent, according to the senator's office.
On Feb. 27, Heinrich and Vasquez formally requested that Torrez investigate Ben Archer Health Centers, stating that the organization appeared to be violating state and federal law.
Torrez’s office has not yet announced whether additional legal action will be taken against the health agency.
Read the full cease-and-desist letter here:
Damien Willis is founder and editor of Organ Mountain News. He can be reached at OrganMountainNews@gmail.com or on X at @damienwillis.