WASHINGTON — U.S. Senator Martin Heinrich (D-N.M.) and U.S. Representative Gabe Vasquez (D-N.M.) sent a letter urging New Mexico Attorney General Raúl Torrez to open an investigation into Ben Archer Health Centers refusing to provide medical care to individuals without “proof of citizenship.”
Heinrich’s office was alerted by constituents to Ben Archer Health Centers’ new practice of requiring “proof of citizenship” yesterday. His office then verified that Ben Archer was employing this practice at school-based health clinics, for scheduled appointments at standalone clinics, and for same-day appointment requests. In defense of their actions, Ben Archer leadership pointed to President Donald Trump’s Executive Order, “Ending Taxpayer Subsidization of Open Borders,” which was issued on February 19, 2025, but has no bearing on the provision of health care to non-citizens. In fact, 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.
In a post published to his social media yesterday morning, Heinrich condemned Ben Archer Health Centers for turning away patients without birth certificates on-hand at their clinics. Heinrich later welcomed news that the policy had been reversed, but has since received reports that the reversal is not being implemented consistently.
“We write to request that you investigate whether Ben Archer Health Centers’ (BAHC) denial of medical care to individuals unable to provide “proof of citizenship,” potentially denying care to U.S. citizens, violated federal or state law and to take appropriate legal action pursuant to those findings. BAHC operates 11 clinics throughout southern New Mexico and is funded by the U.S. Department of Health and Human Services, alongside the State of New Mexico and Doña Ana County. This federal and state support creates not only an ethical, but legal obligation to provide quality primary health care to all New Mexicans, addressing the urgent needs of medically underserved residents in our state. We are concerned that similar actions could undermine medical care across New Mexico if BAHC is not held accountable for their neglect of this principal duty,” the lawmakers wrote in their letter to New Mexico Attorney General Raúl Torrez.
On February 26, the lawmakers received multiple, verified reports of Ben Archer Health Centers denying medical care to New Mexicans who were unable to provide proof of U.S. citizenship. 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 Health Centers’ onsite pharmacy. Another individual sent a photo of a public posting at a school-based clinic in Las Cruces stating, “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 Centers.”
Ben Archer Health Centers operate clinics at three of Las Cruces Public Schools’ (LCPS) high schools. After receiving calls from the New Mexico Department of Health and the Primary Care Association of New Mexico, Ben Archer took down the posted notices. However, in visits to Ben Archer Health Centers since the reversal, constituents have experienced inconsistent requirements to access health services.
“A west Texas measles outbreak killed a school-age child just yesterday, and New Mexico’s Department of Health has confirmed 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,” the lawmakers stated.
The lawmakers also emphasized that Ben Archer Health Centers appears to be violating both state and federal law.
“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... Despite their citing of President Donald Trump’s Executive Order, “Ending Taxpayer Subsidization of Open Borders,” as justification for their actions, that executive order has no bearing on health centers’ provision of heath care to non-citizens and does not supersede applicable law,” the lawmakers declared.
“We are aware of constituents who have been directly impacted by BAHC’s actions and can provide additional information upon request. While we believe that the vast majority of these vital health care providers are committed to serving vulnerable New Mexicans, we urge you to investigate these allegations against BAHC, determine the extent to which the practice is continuing, and hold them accountable on behalf of patients across our state,” the lawmakers concluded.
The text of the letter is here and below:
Dear Attorney General Torrez,
We write to request that you investigate whether Ben Archer Health Centers’ (BAHC) denial of medical care to individuals unable to provide “proof of citizenship,” potentially denying care to U.S. citizens, violated federal or state law and to take appropriate legal action pursuant to those findings. BAHC operates 11 clinics throughout southern New Mexico and is funded by the U.S. Department of Health and Human Services, alongside the State of New Mexico and Doña Ana County. This federal and state support creates not only an ethical, but legal obligation to provide quality primary health care to all New Mexicans, addressing the urgent needs of medically underserved residents in our state. We are concerned that similar actions could undermine medical care across New Mexico if BAHC is not held accountable for their neglect of this principal duty.
On February 26, we received multiple, verified reports of BAHC denying medical care to New Mexicans who were unable to provide proof of U.S. citizenship. 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. Another individual sent a photo of a public posting at a school-based clinic in Las Cruces stating, “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 Centers.” BAHC operates clinics at three of Las Cruces Public Schools’ (LCPS) high schools. After receiving calls from the New Mexico Department of Health and the Primary Care Association of New Mexico, BAHC took down the posted notices. However, a brief phone call between LCPS Superintendent, Ignacio Ruiz, and Ben Archer’s Chief Financial Officer indicates BAHC will continue to demand proof of citizenship prior to rendering health services.
A west Texas measles outbreak killed a school-age child just yesterday, and New Mexico’s Department of Health has confirmed 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.
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. BAHC advertises their status as a Health Center Program grantee under 42 U.S.C. § 254b on the front page. of their website. Pursuant to subsection (a)(1)-(2) of that statute, health centers like BAHC are required to provide services for all residents within the area served by the center. Despite their citing of President Donald Trump’s Executive Order, “Ending Taxpayer Subsidization of Open Borders,” as justification for their actions, that executive order has no bearing on health centers’ provision of heath care to non-citizens and does not supersede applicable law.
Additionally, BAHC’s actions are likely in violation of NM Stat § 24A-1-20 (2024). Section 24A-1(A)-(B) of that statute provides that state or local health benefits, therein defined as “any health benefit for which payments, assistance or health care services are provided to an individual, household or family eligibility unit by…appropriated funds of the state, a county, a local government…,” must be provided to all non-citizens, regardless of immigration status, if they meet the eligibility requirements for those benefits. Again, BAHC’s website clearly states that, in addition to federal funding, they receive funding from New Mexico state agencies, including the Department of Health, the Children, Youth, & Families Department, and the Human Services Department, as well as Doña Ana County.
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 actions also unquestionably run counter to BAHC’s mission statement emphasizing access to health services for underserved populations. Health Centers in New Mexico are currently serving over 331,000 patients, including 17,262 homeless, 18,934 school-based, and 6,596 Veteran patients. Altogether, over 15% of New Mexico’s residents are served by Health Centers with 51% of those residents being under the poverty line. We are aware of constituents who have been directly impacted by BAHC’s actions and can provide additional information upon request. While we believe that the vast majority of these vital health care providers are committed to serving vulnerable New Mexicans, we urge you to investigate these allegations against BAHC, determine the extent to which the practice is continuing, and hold them accountable on behalf of patients across our state.
Sincerely,
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