What is Albuquerque Police policy for homeless encampments?
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ALBUQUERQUE, N.M. (KRQE) – There has been community debate on how the city should approach unhoused individuals living in public spaces. Some residents worry about safety issues and have called on the city to address people sleeping on the street. Others say the city overstepped its bounds in removing the belongings of unhoused people.
The debate culminated in late 2023 when a judge said the city is limited in how and when they can remove homeless encampments. That ruling came after one unhoused individual sued the city after being removed from Coronado Park.
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So, what is the Albuquerque Police Department’s policy? As of mid-March, APD says they don’t have a specific policy for dealing with encampments. They previously had a special-order policy, but that has since been rescinded.
“If APD responds to any location that is posted as no trespassing that is public property, we can contact, identify, and take any needed enforcement action on that property,” APD spokesperson Gilbert Gallegos told KRQE. “If the property is public, like a park, all city ordinances apply, to include alcohol in the park, glass in the park, park operating hours, erection of structures etc.”
If APD is called to remove an encampment on public property – and that encampment is not an immediate hazard, APD must coordinate with the Solid Waste Department to issue a 72-hour notice to vacate, Gallegos says. In that process, APD helps identify individuals at the encampment so that after 72 hours, APD can enforce their removal or arrest the individuals, Gallegos explains.
On private property, APD says they are allowed to act without delay.
“If APD is called to any property that is privately owned, and the responsible party/owner wants an encampment removed and subjects criminally trespassed, there will be no delay from APD with regards to identifying the subjects, running them for wants/warrants, issuing a trespass notification, and immediately removing those subjects,” Gallegos says.
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“In the event there is a large amount of items, they will work with Solid Waste to either help store items that would fill a 96-gallon container and one bike or one tent. If there are other items that are deemed trash/abandoned by either the owner (camper) or the actual property owner, Solid Waste will dispose of it.”
In late 2023, APD enacted a special policy for handling encampments. That policy has since been rescinded but required APD to check for beds at local shelters and to coordinate with Albuquerque Community Safety. Now, APD officers can check on beds but aren’t required to.
The court case over Albuquerque’s efforts to remove homeless encampments is still ongoing. The parties expect that a U.S. Supreme Court case, City of Grants Pass v. Johnson, will impact Albuquerque’s case. That Supreme Court case will help set the precedent for whether or not fining homeless individuals is “cruel and unusual punishment.”
