U.S. Sen. Martin Heinrich

From the Office of U.S. Sen. Martin Heinrich:

• • • • •  “What Ben Archer was pulling at its health clinics wasn’t just wrong, it was illegal.” –Heinrich

WASHINGTON, D.C. – U.S. Sen. Martin Heinrich (D-N.M.) released the following statement today after constituents notified his office that Ben Archer Health Center was denying medical care to individuals unable to provide “proof of citizenship’:

“What Ben Archer was pulling at its health clinics wasn’t just wrong, it was illegal. I am glad they reversed course, and that they did it quickly. Let this be a lesson to all health care providers that we will hold you accountable for following the law,” Heinrich said.

“The idea that kids should have to take their birth certificate to school to get care at the school health clinic? It’s just ludicrous. We have skyrocketing grocery prices, a housing crisis, and now, a measles outbreak in New Mexico and Texas. We need our elected officials focused on fixing real issues and our health care providers focused on providing health care,” Heinrich concluded.

Background 

Heinrich’s office was alerted by constituents to Ben Archer Health Center’s new practice of requiring “proof of citizenship” today. 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 Feb. 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 and other similarly funded health centers in the United States to provide health care to all residents of the area the center serves, regardless of immigration status.

Relevant statutes include NMSA 24A-1-20 and 42 U.S.C. § 254b.