Heinrich, Vasquez call for investigation into Ben Archer Health Center

Federal lawmakers sent a letter to the New Mexico Department of Justice last week asking for an investigation into Ben Archer Health Center after the southern New Mexico clinic said it had stopped serving people who could not provide their citizenship status.  

The health center, which operates clinics across Southern New Mexico, posted signage in late February saying it would no longer serve people who cannot prove U.S. citizenship. The health center appeared to reverse course after the move drew criticism from federal officials. Ben Archer Health Center did not respond to multiple requests for comment. 

The notice got attention on social media and drew a response from Sen. Martin Heinrich, a Democrat, who called it “illegal.” 

After Heinrich made the statement, the health center removed its signage but reportedly continued to enforce the new rule. Heinrich and U.S. Rep. Gabe Vasquez, a Democrat representing the second congressional district, then issued a letter last week to New Mexico Attorney General Raúl Torrez requesting an investigation. 

Heinrich and Vasquez argue that denying medical care to those who cannot provide proof of U.S. citizenship potentially violates federal and state laws, as Ben Archer Health Center operates several federally funded clinics in New Mexico and is obligated to provide care to all residents, regardless of their citizenship status.   

“BAHC’s unilateral decision to require documentation of citizenship as a prerequisite to providing health care at their clinics is not only unreasonably burdensome for New Mexican families, we believe it also violates the law,” Heinrich and Vasquez said in a joint statement.   

The letter also highlighted incidents where patients, including those needing insulin and psychotropic medications, were denied care due to this policy. It also referenced the measles outbreak in New Mexico and Texas.   

Lauren Rodriguez, chief of staff for the Department of Justice, acknowledged the letter and said the department has opened an investigation. 

“We 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,” Rodriguez said. 

Heinrich and Vasquez said in their joint statement that Trump’s executive order has “no bearing on health centers’ provision of health care to non-citizens and does not supersede applicable law.” 

Ben Archer Health Center drew condemnation as a photo of a sign surfaced online. The sign, posted on the door of a Las Cruces clinic, read: “Due to executive order ‘Ending Taxpayer Subsidization of Open Border’ dated Feb. 19, 2025, 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.”  

President Donald Trump issued the executive order "Ending Taxpayer Subsidization of Open Border" on Feb. 19. The order directs federal departments and agencies to take action to ensure that public money does not go to people without citizenship.     

Heinrich and Vasquez argued that this order doesn’t apply to clinics like Ben Archer Health Center.   

“New Mexico and federal law both require Ben Archer Health Centers and other similarly funded health centers in the United States to provide health care to all residents of the area the center serves,” they said in their joint statement.   

The health center operates 11 clinics in southern New Mexico, including three within Las Cruces Public Schools’ high schools.