Fri. Feb 28th, 2025

U.S. Sen. Martin Heinrich (D-N.M.) posted this image on social media on Wednesday. The Ben Archer Clinic reversed course by Wednesday afternoon. (Photo courtesy Heinrich’s Office)

Members of New Mexico’s congressional delegation are calling on the state’s top law enforcement officer to investigate whether a Southern New Mexico health facility broke the law when it briefly required patients to show their “proof of citizenship” to receive care. 

U.S. Sen. Martin Heinrich and Rep. Gabe Vasquez, both New Mexico Democrats, made the request regarding Ben Archer Health Centers’ conduct in a letter they sent Thursday to Attorney General Raúl Torrez. 

The letter provides more details the delegation members said their offices verified about who was denied care at one of the nonprofit’s 11 health care facilities in Southern New Mexico.

Read the letter here

“One report was from an insulin-dependent patient with diabetes who was unable to refill their insulin prescription, and another report was from a patient who states they were unable to refill their psychotropic medication at Ben Archer’s onsite pharmacy,” according to the letter.

In a third instance, a constituent sent a photo of a public posting at a school-based Ben Archer clinic in Las Cruces that said, “Any ineligible alien who entered the United States illegally or is otherwise unlawfully present in the United States does not qualify for federally funded services at Ben Archer Health Center.”

The center removed the posting within hours Wednesday after getting guidance from a state primary care association, according to the state health department. 

Despite removing the posting, according to the letter, Las Cruces Public Schools Superintendent Ignacio Ruiz spoke to the center’s chief financial officer on the phone, who indicated the center will “continue to demand proof of citizenship prior to rendering health services.”

Southern NM clinic briefly turned away undocumented patients, citing Trump executive order

The center operates three school-based clinics in Las Cruces, according to the letter, as well as in Truth or Consequences, according to the center’s website. 

The posting cited a Feb. 19 executive order from President Donald Trump directed at cabinet agency leaders to find instances of public funds being spent on “illegal aliens.” The order did not apply to the center, and Heinrich and Vasquez’s letter said the clinic may have broken federal and state laws requiring government-funded clinics to provide care regardless of a patient’s immigrant status. 

The letter notes that a measles outbreak is happening in West Texas and Lea County. The state health department has detected nine cases of measles in Lea County. 

“At a moment when access to vaccinations and treatment are paramount, 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 in the letter. 

The center’s executive director did not return Source New Mexico’s calls Wednesday.