Albuquerque Jail Sees Surge in 'Transient' Bookings Amid Homelessness Crisis

Attorneys say the city is using the jail as a 'homeless shelter' as encampment sweeps and citations lead to missed court dates and arrests.

Mar. 22, 2026 at 1:05pm

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Jail bookings of people identified as 'transient' in Albuquerque have jumped from 3,670 in 2022 to nearly 12,000 last year, according to a recent court filing. Advocates say most of these individuals shouldn't be in jail, as they are typically arrested for failing to show up for court after being cited for misdemeanors like criminal trespass or obstructing a sidewalk. The city contends it is responding to an increase in encampments and public complaints, but plaintiffs' attorneys argue the city has 'turned back the clock' and resumed tactics that led to a 2017 settlement agreement aimed at preventing unconstitutional practices affecting the homeless.

Why it matters

This case highlights the ongoing struggle to address homelessness in Albuquerque, with the city's approach of increased enforcement and encampment sweeps leading to a surge in jail bookings of unhoused individuals. It raises questions about the effectiveness of the city's policies, the rights of the homeless, and whether the jail is being used as a de facto homeless shelter.

The details

According to the court filing, the city has significantly increased criminal enforcement against nonviolent misdemeanants, particularly the unhoused and those with mental illness. Encampment sweeps and citations have led to missed court hearings and arrest warrants, with individuals like Priscilla Montaño being shuffled between jail cells and the streets. The city revised its encampment policy in February, stating it will take criminal enforcement action against those who refuse to leave or return to a cleared encampment area.

  • In 2022, there were 3,670 jail bookings of people identified as 'transient'.
  • In 2023, the number of 'transient' jail bookings nearly tripled to nearly 12,000.
  • In February 2026, the city revised its encampment policy to allow for criminal enforcement against those who refuse to leave or return to a cleared encampment area.

The players

Ryan Villa

One of the attorneys who contends the city and the Albuquerque Police Department have failed to live up to a 2017 agreement to remedy unconstitutional and unlawful practices affecting those living on the streets.

Priscilla Montaño

A 68-year-old unhoused individual who has received over two dozen citations during encampment sweeps, leading to missed court hearings and arrests, though all of the cases against her have been dismissed by prosecutors.

Gilbert Gallegos

An APD spokesman who stated that while policies have been revised, they all still conform to the 2017 agreement, and that the city has committed more personnel to transport people experiencing homelessness to resources.

Cassandra

A 42-year-old unhoused woman who was recently arrested by the Encampment Team for obstructing the sidewalk, unlawful storage of property, obstructing the street right of way, and criminal trespass, despite efforts by the city's outreach team to provide resources.

Judge James Browning

The U.S. District Judge in Albuquerque who oversees the class-action lawsuit filed in 1995 by plaintiff Jimmy McClendon, which led to the 2017 settlement agreement.

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What they’re saying

“In our view, the city is using MDC as a temporary homeless shelter.”

— Ryan Villa, Attorney

“They give us an option, either you go to jail or you go to a shelter. And they will arrest you right there and, then again, there goes everything that we have.”

— Priscilla Montaño

“I get angry a lot because of how APD treats us and how the city treats us.”

— Priscilla Montaño

“The city has procedures in place, in the form of this encampment policy, that spell out how the city's handles most encampment calls.”

— Gilbert Gallegos, APD Spokesman

“Oh, me too... See you there.”

— Police Officer

What’s next

The judge in the case will decide whether to allow the city to be released from the 2017 settlement agreement.

The takeaway

This case highlights the ongoing challenges in Albuquerque to balance public safety, civil liberties, and the needs of the homeless population. It suggests the city's approach of increased enforcement and encampment sweeps may be exacerbating the problem, leading to a revolving door between the streets and the jail for many unhoused individuals.