By Algernon D’Ammassa / Journal Staff Writer – Mar 4, 2025 Updated Mar 5, 2025
LAS CRUCES — New Mexico Attorney General Raúl Torrez’s office confirmed it is investigating a Hatch-based health care provider that announced last week it would restrict services based on immigration status.
Ben Archer Health Center, a nonprofit community health center based in Hatch, operates 11 locations across four counties and provides services at three high schools in Las Cruces.
On Feb. 26, multiple locations posted notices at their entrances that, in light of an executive order from President Donald Trump, “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 signs came down later that day after Ben Archer received guidance from the New Mexico Primary Care Association. However, Sen. Martin Heinrich, D-N.M., reported hearing from constituents who had been asked to provide proof of citizenship before receiving services.
Community organizing group NM Café reported on its Facebook page that it had also heard reports of such requests the following day, after the senator’s office and the health department intervened.
“Folks are choosing to not try to go at all or don’t know which clinics they can go to,” Stevie Paz, a spokesperson for NM Café, told the Journal.
The New Mexico Health Care Authority confirmed Tuesday it was investigating one complaint about the matter.
“The Health Care Authority is actively monitoring the
situation with the Ben Archer Health Centers in response to concerns from community members,” the agency told the Journal, adding that it was “working to ensure all people living in New Mexico receive health care from providers and will continue monitoring access to care in the region.”
Ben Archer CEO Mary Alice Garay did not respond to queries for this story. It is not clear whether the clinics or Ben Archer’s pharmacies have continued to ask about citizenship status since last week.
The state Department of Justice sent a cease and desist letter to Ben Archer on Feb. 28. The letter, obtained by the Journal, requested confirmation that the practice had stopped along with an accounting of how many patients were denied services, and what services or programs were affected.
Heinrich and Rep. Gabe Vasquez, a fellow Democrat representing southern New Mexico, called on the DOJ to determine whether Ben Archer had violated any laws and to assure patients were not being questioned about their immigration status.
“We have opened an investigation into this matter,” Lauren Rodriguez, Torrez’s spokesperson, told the Journal on Monday, “and will take all appropriate steps to ensure that no one is discriminated against based on their national origin and that all health care facilities in New Mexico operate in compliance with state law.”
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