Ben Archer Health Center reverses course on care for undocumented patients

Health center rescinds proof-of-citizenship policy after receiving state guidance; Future still unclear

Ben Archer Health Center reverses course on care for undocumented patients
(Courtesy photo)

Damien Willis, Organ Mountain News

LAS CRUCES - Ben Archer Health Center, which operates health care clinics throughout Doña Ana County, temporarily suspended its offering of care to undocumented migrants in the community.

Ben Archer also operates school-based heath clinics at three Las Cruces Public Schools high schools. LCPS has historically not asked students about the immigration status of themselves or their families — principles established by the U.S. Supreme Court ruling in Plyler v. Doe (1982).

A sign posted on entrances at Ben Archer Health Centers stated, "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."

A community reacts

Community organizations and advocacy groups have expressed significant concerns about the impact of Ben Archer discontinuing services for undocumented migrants in Doña Ana County. The health center, known for its commitment to improving access to healthcare for underserved populations, including migrant and immigrant communities, is vital to the region. The clinics have historically played an important role in reducing health disparities related to chronic diseases through initiatives like the "Health Without Borders" program. This program, active from 2009 to 2012, aimed to improve health education, access to care and integrate community health workers into the healthcare system for border residents and migrant and immigrant populations.

The decision to discontinue services for undocumented migrants was met with concern because the center provides essential medical, dental and behavioral health care services without denying patients based on their ability to pay. Additionally, the center has been known for its outreach and education programs specifically designed to assist migrant and seasonal farm workers.

Organ Mountain News has also learned of anecdotal evidence suggesting that one patient with diabetes, who is insulin-dependent, was no longer able to get their prescription filled, and another, who needed psychiatric medication, also could not get it filled at Ben Archer's on-site pharmacy.

Organizations such as NAMI Albuquerque, which advocate for mental health, highlight the broader implications of such service discontinuation. They emphasize the importance of accessible healthcare for all individuals, including undocumented migrants, to ensure mental health and overall wellbeing.

Moreover, the potential discontinuation of these services is occurring at a time when several states are expanding healthcare coverage for immigrants, regardless of their legal status. This trend underscores the increasing recognition of the need for inclusive healthcare policies.

Community organizations and advocacy groups expressed deep concern about the discontinuation of services for undocumented migrants at Ben Archer Health Center, given the center's historical commitment to serving this vulnerable population and the broader context of expanding healthcare access for immigrants.

A sign is posted on the door at Ben Archer Health Center, notifying clients that they will not be treated unless they are legal residents or lawfully present in the United States. (Courtesy photo)

Implications for Las Cruces Public Schools

Las Cruces Public Schools hosts school-based health centers on three of its five comprehensive high school campuses — Organ Mountain, Mayfield and Las Cruces High School. The district also partners with La Clinica de Familia to operate other school-based health centers on campuses throughout the district.

LCPS Superintendent Ignacio Ruiz said Ben Archer's decision came as a shock, and the district's administrators moved quickly to find a solution.

"For kiddos that might no longer be eligible, we started looking at alternatives," Ruiz told Organ Mountain News. "What are some resources that might be available that we can refer them to, to make sure that they're getting the services at they need."

Ruiz said that Ben Archer's plan to follow the Trump administration's executive order was never communicated to him, and he was rattled when he saw the sign posted on the clinic's doors.

"To me, there's a better way of communicating the requirements than putting up a sign like that," Ruiz said.

At question is the money that has already been delegated by Congress to address the health care needs of southern New Mexico residents — whether documented or not. Now, an executive order is directing community health clinics not to provide services to undocumented residents.

"It seems like a knee-jerk type of reaction," Ruiz said of the organization's decision.

Ruiz said that district administrators were not consulted about the new signage going up at the school-based clinics. After learning about the posted signs, he requested that it be removed immediately "to work on better verbiage," he said.

LCPS began providing school-based health care for students and families that may be scared or intimidated by going to a traditional health care provider.

Ruiz said he was troubled by the concept of students having to carry around their birth certificates or passports in order to receive care at a school-based health facility.

If Ben Archer ultimately decides to stay the course and reverts to no longer providing undocumented residents with care, Ruiz said he is "absolutely" concerned about what the future may hold for school-based health clinics.

"We would really have to look at how we move forward," he said. "If it continues on that course, then we will have to look at what the best means are to serve our students and families."

Ruiz said that the risk of the district losing federal funding is also "on everyone's mind," but it's currently moving forward, "business as usual," he said. He said the district is currently looking at aligning some of its policies with federal guidelines, in order to remain in compliance.

"We can't really tell our employees not to worry, because we're worried," Ruiz said.

The district has more than 300 employees that are funded through the federal government's Title I funds, Ruiz told Organ Mountain News. It also receives funding through the U.S. Department of Agriculture and Title IX funding, to name a few.

"[Federal funding] is a large part of our budget," Ruiz said. "Losing that would have a huge impact on us, for sure."

LCPS has always professed a commitment to providing a free education to all students, regardless of their or their family's immigration status — as established by the U.S. Supreme Court ruling in Plyler v. Doe (1982)

Ruiz said the Ben Archer directive is counter to LCPS' mission to provide services to every student.

As for Ben Archer's future with the district, Ruiz said he didn't want to do anything that may impact students who did qualify for services.

"My goal here is to serve all families, all students," Ruiz stated. "We're going to be looking at 'How do we get there? How do we stay there?' If it means transporting other supports in, then that's what we'll have to do. Because our goal was to provide that for all of our families."

Heinrich condemns health center for denying care over citizenship status

U.S. Sen. Martin Heinrich criticized Ben Archer Health Center on Monday after reports that the facility was turning away patients who could not provide proof of citizenship. Heinrich called the practice illegal and said he was glad the health center reversed its policy quickly.

“What Ben Archer was pulling at its health clinics wasn’t just wrong, it was illegal,” Heinrich said in a statement. “Let this be a lesson to all health care providers that we will hold you accountable for following the law.”

Heinrich’s office was notified by constituents that Ben Archer Health Center had begun requiring proof of citizenship at its school-based health clinics, standalone clinics and for same-day appointments. The health center cited President Donald Trump’s recent executive order, Ending Taxpayer Subsidization of Open Borders, as justification for the policy. However, Heinrich’s office said the order has no bearing on access to health care for non-citizens.

New Mexico law and federal regulations require health centers receiving certain public funding to provide care to all residents, regardless of immigration status. The statutes include NMSA 24A-1-20 and 42 U.S.C. § 254b.

“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,” Heinrich said. “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.”

Ben Archer Health Center has since reversed the policy, though Heinrich warned that providers must follow existing laws.

What's at risk?

The discontinuation of services for undocumented migrants at the Ben Archer Health Center has raised significant concerns among healthcare experts, particularly regarding the potential health outcomes and risks for this vulnerable population in Doña Ana County.

First, it is important to recognize that the Ben Archer Health Center provides a comprehensive range of services, including medical, dental and behavioral health care, to all ages without denying services due to an inability to pay. This inclusive approach has been instrumental in serving the underserved populations in the area, including undocumented migrants. The removal of such essential services could lead to significant health disparities. Experts warn that ending these services could have dire consequences, potentially leading to worsening health conditions as patients lose access to essential preventive and primary care. The data suggests that without these critical resources, many could face delayed diagnoses, untreated illnesses and a ripple effect of declining public health.

Doña Ana County residents already face significant challenges in accessing primary care due to economic barriers, language barriers, and a shortage of providers that accept Medicaid. The absence of services for undocumented migrants will exacerbate these difficulties, leading to unmet healthcare needs and a potential increase in chronic health conditions that could have been managed or prevented through regular care. Furthermore, BAHC offers behavioral health services including individual, family, and group therapy, as well as medication management.

The discontinuation of these services could negatively impact the mental health of undocumented migrants, who might be more susceptible to stress and mental health issues due to their precarious legal status and associated socioeconomic challenges.

What other resources are available?

After the discontinuation of services for undocumented migrants at the Ben Archer Health Center, undocumented migrants in Doña Ana County can seek alternative healthcare resources and services through various other providers and programs.

1. Office of Border Health: The OBH aims to improve health services in the New Mexico/Mexico Border Region and other border-impact areas of the state. They provide services to migrant populations, including both legal residents and the undocumented, addressing the unique public health challenges faced by these communities. Many families in these communities live below the poverty level and access healthcare primarily as indigents.
2. Connect Doña Ana program: Launched by Doña Ana County, this program is a closed-loop referral system designed to help residents, including undocumented migrants, receive healthcare and social services. It is a partnership with Unite Us, the LC3 Behavioral Health Collaborative, Presbyterian Health Plan and local providers. The program builds a network of more than 100 partners and community health workers, facilitating easier referrals among local providers.
3. Community Resource Mapping Project: Conducted by the Center on Immigration and Child Welfare and NMSU Center for Community Analysis, this project identifies supportive services available to immigrant families in Doña Ana County. The project assesses the level of inclusivity of these services and provides recommendations to improve accessibility for the undocumented migrant population.
4. General advice and practical tips: Undocumented migrants often face barriers such as fear of deportation, limited financial resources, and lack of knowledge about available resources. It is important for undocumented migrants to know their rights and eligibility for healthcare services, and seek practical guidance on accessing these services effectively. While these alternatives and initiatives aim to provide some level of support, the discontinuation of services at the Ben Archer Health Center would still leave a significant gap in healthcare access for undocumented migrants in Doña Ana County.

Ben Archer backs down

Ben Archer Health Center has reportedly rescinded its policy that required patients to provide proof of citizenship before receiving medical care, according to U.S. Sen. Martin Heinrich’s office. The reversal comes after the New Mexico Department of Health and the Primary Care Association of New Mexico provided guidance clarifying that the health center must continue serving all patients, regardless of immigration status.

Heinrich’s office was alerted to the policy change earlier this week when constituents reported being denied care for lacking documentation. In response, the senator condemned the practice, calling it illegal under both state and federal law.

While Ben Archer has walked back the requirement, it remains unclear how the situation will affect its federal funding. The health center had previously cited a recent executive order from President Donald Trump as justification for the policy, though Heinrich’s office has maintained that the order does not impact the legal obligation of federally funded health centers to provide care to all residents.

“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 in a statement.

 “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," Heinrich said. "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."

Officials from the New Mexico Department of Health and the Primary Care Association of New Mexico have reiterated that community health centers receiving public funding are bound by laws ensuring medical care is available to all, regardless of citizenship or immigration status, according to Heinrich's office.

Damien Willis is founder and editor of Organ Mountain News. He can be reached at OrganMountainNews@gmail.com or on X at @damienwillis.

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