Health center under scrutiny after turning away undocumented patients
Feb. 27—LAS CRUCES — Sen. Martin Heinrich and Rep. Gabe Vasquez are asking New Mexico's attorney general to investigate whether Ben Archer Health Clinics violated the law Wednesday when it briefly posted signs saying they would not serve undocumented patients.
Meanwhile, the Las Cruces Public Schools, which contracts with Ben Archer, reassured the community Thursday that its school-based health clinics are serving all students and their families.
On Wednesday, a sign posted at Ben Archer's Las Cruces clinic announced: "Due to executive order 'Ending Taxpayer Subsidization of Open Borders' dated February 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."
The executive order, issued by President Donald Trump, calls for agencies to withhold federally funded services from people without legal citizenship status, and to "enhance eligibility verification systems ... to ensure that taxpayer-funded benefits exclude any ineligible alien who entered the United States illegally or is otherwise unlawfully present in the United States."
Heinrich argued in a statement Wednesday that the executive order has no bearing on health care.
Photos of similar signs at multiple Ben Archer locations appeared on social media before the clinic reportedly changed course and removed the signs. Ben Archer CEO Mary Alice Garay did not respond to queries from the Journal, and the Hatch headquarters said no one was available to speak with reporters.
The Hatch-based nonprofit community health center offers services at 11 sites in southern New Mexico with assistance from federal, state and local funding. Its services include primary and dental care, health education and numerous social services. It is also among the providers with whom Las Cruces Public Schools partners for services at clinics based at three high schools.
Heinrich's office said it had also heard from patients who could not refill prescriptions at the center's pharmacy without proving citizenship. Later in the day, the clinic walked back the policy after receiving guidance from the New Mexico Department of Health.
In a letter to New Mexico Attorney General Raúl Torrez, Vasquez joined Heinrich, a fellow Democrat, in calling for an inquiry into whether Ben Archer's actions were unlawful, and to assure patients were not being questioned about their immigration status.
"BAHC's demands that patients produce proof of U.S. citizenship in order to receive basic health care appear to violate both state and federal law," their letter stated. "Their actions also unquestionably run counter to BAHC's mission statement emphasizing access to health services for underserved populations."
Las Cruces Public Schools Superintendent Ignacio Ruiz, in an interview with the Journal, called the White House directive "unfortunate" at a time of growing need for mental health services, part of the "wraparound" service the district clinics are intended to provide students and families. He also pointed to a measles outbreak in Lea County, where nine cases were confirmed as of Tuesday.
Ruiz said the district was issuing a memo to the community that its clinics were safe and any qualification requirements implemented by Ben Archer "are put on pause until further notice."
"At this time, these centers are open to everyone, and they are able to utilize them and move forward with services," Ruiz said.
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