NM Supreme Court Rejects Block on Otero Immigrant Detention Contract

Novel Mexico Supreme Court Rejects Attorney General’s Challenge to Otero County ICE Contract The New Mexico Supreme Court has unanimously denied Attorney General Raúl Torrez’s request to halt Otero County’s federal immigrant detention contract, dealing a significant setback to state efforts to block the agreement ahead of a new law taking effect in May. In a summary ruling issued Thursday, the state’s highest court rejected the Department of Justice’s emergency petition seeking to void the agreement between Otero County and U.S. Immigration and Customs Enforcement (ICE) for the operation of the Otero County Processing Center in Chaparral. The decision allows the detention facility to continue operating without interruption while legal challenges proceed. The court’s unanimous decision came despite the Attorney General’s arguments that Otero County lacked authority to maintain the contract and failed to obtain required state approvals. In letters sent to county officials earlier this year, the New Mexico Department of Justice had asserted that the commission violated state transparency laws and did not receive mandatory approval from the New Mexico Department of Finance and Administration when extending the agreement. The legal battle centers on House Bill 9, the Immigrant Safety Act, passed by the New Mexico Legislature earlier this year. The legislation prohibits public entities from contracting with ICE for immigrant detention purposes and is set to take effect on May 20. Yet, Otero County Commission voted unanimously on March 25 to extend its agreement with ICE and private prison operator MTC to house approximately 900 immigrant detainees at the processing center—weeks before the ban becomes law. County officials maintain the contract extension was lawful and necessary for regional stability. Otero County Commission Chair Vickie Marquardt praised the court’s decision, stating the justices “did exactly what courts are supposed to do — apply the law as written.” County Attorney R.B. Nichols added that the ruling affirmed both the legality of the contract and the county’s position in the dispute. Attorney General Torrez acknowledged the ruling while emphasizing ongoing oversight responsibilities. “We respect the Court’s decision, and we will continue to monitor the situation to ensure compliance with the new law that becomes effective in just a few weeks,” Torrez said in a statement following the decision. He reiterated that legislative intent clearly aims to eliminate such contracts, which he believes do not benefit New Mexico residents. The Otero County Processing Center serves as a significant economic contributor to the region. County leaders have highlighted that the facility supports 284 local jobs and generates approximately $21 million in annual wages, while also backing more than $14 million in outstanding bond obligations tied to the county’s jail infrastructure. Officials warned that terminating the contract could trigger immediate financial instability, potentially forcing the county into default. Legal experts note the ruling raises questions about the scope of the Attorney General’s authority in challenging county-level agreements, particularly when those agreements involve federal partnerships. All five justices on the New Mexico Supreme Court—despite being composed entirely of Democratic appointees—ruled against the Democratic Attorney General’s legal theory, suggesting the case faced substantial hurdles on procedural or statutory grounds. As the May 20 effective date of the Immigrant Safety Act approaches, attention will shift to how the law applies to existing contracts like Otero County’s. While the legislation bans new ICE detention agreements after its effective date, questions remain about whether it automatically voids validly executed contracts that extend beyond that point—a matter that may require further judicial interpretation. For now, the Otero County Processing Center will continue operations under its current ICE agreement, pending any additional legal challenges or legislative developments regarding immigrant detention policies in New Mexico.