AG admits defeat, agrees to stop bullying Otero County over ICE facility

After months of aggressive legal threats and political pressure, New Mexico Attorney General Raúl Torrez is backing down — at least for now — in his attempt to shut down immigration detention operations in Otero County.

In a major development, Torrez has agreed to halt enforcement of the state’s controversial and unconstitutional anti-ICE law, House Bill 9 (the “Immigrant Safety Act”), against the Otero County Processing Center while a federal lawsuit challenging the law moves forward.

The move comes after the U.S. Department of Justice sued the state of New Mexico, arguing that HB9 is unconstitutional and interferes with federal immigration enforcement authority.

As part of a court-filed stipulation, Torrez and the state agreed they “will not bring any civil action… or take any other action to… require the termination” of Otero County’s ICE detention agreements until the case is fully resolved.

In exchange, federal officials agreed to withdraw their request for a preliminary injunction — a legal maneuver that could have immediately blocked enforcement of the law statewide.

The agreement marks a sharp reversal from Torrez’s earlier stance.

Just days before the federal lawsuit was filed, the attorney general had vowed to defend HB9, calling it a “constitutional exercise of state authority” and accusing the federal government of trying to override New Mexico’s policy decisions.

Now, however, enforcement of the law — at least in Otero County — is effectively on hold.

The climbdown follows a series of legal setbacks for the state.

In April, the fully Democrat-controlled New Mexico Supreme Court declined Torrez’s request to block Otero County’s extension of its ICE contract, allowing the facility to remain operational. Meanwhile, federal officials moved quickly to challenge the broader law in court, arguing it unlawfully disrupts long-standing cooperation between local governments and federal immigration authorities.

HB9, set to take effect May 20, would prohibit counties from entering into or renewing contracts with Immigration and Customs Enforcement to house detainees — a move supporters claimed would shut down New Mexico’s three immigration detention facilities.

That hasn’t happened.

Instead, federal authorities have worked around the law, securing direct contracts with private operators to keep facilities open — while the legal fight continues.

The Otero County Processing Center, which houses hundreds of illegal aliens and supports a significant number of local jobs, has become the focal point of the dispute.

County officials had warned that shutting down the facility would have severe economic consequences, particularly given outstanding bonds tied to the project.

Now, with the attorney general agreeing not to pursue enforcement, those concerns are temporarily off the table.

Torrez’s office insists the decision is purely strategic.

Officials say the agreement is a “short-term tactical” move designed to avoid a potentially damaging preliminary injunction ruling and to fast-track the case toward a final decision on the merits.

They also emphasize that the stipulation does not represent an admission that the law is invalid.

Still, the optics are clear.

After attempting to force compliance with HB9 and challenging local cooperation with federal immigration authorities, the state’s top law enforcement official is now stepping back — following direct legal action from the federal government.

The case now heads toward a broader constitutional showdown over whether states can restrict cooperation with federal immigration enforcement.

For now, one thing is certain: despite months of political messaging and legislative action, New Mexico’s ICE detention facilities remain open — and the state has, at least temporarily, backed off efforts to shut them down.