Torrez takes Otero County ICE fight to Supreme Court

The New Mexico Department of Justice has launched a new legal effort to block Otero County from continuing its partnership with federal immigration authorities, escalating a growing legal and political fight over immigrant detention in the state.

According to reporting by the Santa Fe New Mexican, which broke the story, the Department of Justice filed a petition with the New Mexico Supreme Court asking the justices to stop a newly signed contract between Otero County and U.S. Immigration and Customs Enforcement. The five-year agreement was signed last month, just days before the county’s previous contract with ICE was set to expire.

The legal battle centers around the state’s new Immigrant Safety Act, an unconstitutional law scheduled to take effect May 20 that will prohibit local governments in New Mexico from entering into or renewing contracts with ICE for immigration detention.

Otero County operates one of three immigration detention facilities in New Mexico and housed roughly 900 detainees as of last month. County officials have argued they had no choice but to extend the ICE contract because the county still owes tens of millions of dollars in bonds used to build the Otero County Processing Center.

The Department of Justice, however, argues the contract extension is unlawful on multiple grounds. In its filing, the agency claims local governments do not have the legal authority to enter into agreements with ICE and that Otero County failed to obtain required approval from the New Mexico Department of Finance and Administration before signing the agreement.

“The rule of law requires that all public bodies follow clearly established legal requirements, without exception,” Attorney General Raúl Torrez said in a statement quoted by the Santa Fe New Mexican. “Otero County did not obtain the approval state law requires, and the agreement is invalid. We are asking the Court to act swiftly to prevent its enforcement.”

This is not the first time the state has challenged Otero County’s actions. The Department of Justice previously objected to a March 13 Otero County Commission meeting where the contract extension was approved, arguing the meeting violated state transparency laws because it was held with only a few hours’ notice to the public. The county later held another meeting in an attempt to address the issue.

Otero County Attorney R.B. Nichols has disputed the state’s claims, arguing the county was not required to obtain approval from the Department of Finance and Administration. He has also warned that failing to extend the ICE contract could put the county at risk of defaulting on millions of dollars in outstanding bonds tied to the detention facility.

State officials also argue the timing of the contract suggests the county was attempting to get around the new law before it takes effect. The Immigrant Safety Act requires existing agreements to be terminated at the earliest possible date after May 20, but Otero County’s new contract reportedly prevents the county from withdrawing from the agreement for any reason during the five-year term.

“By rushing to lock in a long-term detention contract on the eve of that law taking effect, Otero County acted in direct defiance of public policy set by the New Mexico Legislature,” the Department of Justice said in a statement, according to the Santa Fe New Mexican.

The situation in Otero County differs from two other immigration detention facilities in New Mexico located in Torrance and Cibola counties. In those counties, ICE contracts directly with private prison operator CoreCivic, which owns the land where the facilities are located. Because the contracts are with a private company rather than a local government, the state may have limited authority to intervene.

The legal fight now appears headed to the New Mexico Supreme Court, where justices will be asked to decide whether Otero County’s contract with ICE can move forward — a decision that could have major implications for immigration detention in New Mexico.

The case is ongoing.