State says contract violates new law banning local cooperation in civil immigration detention

Organ Mountain News report

ALBUQUERQUE - New Mexico Attorney General Raúl Torrez has asked the state Supreme Court to block a newly approved agreement between Otero County and U.S. Immigration and Customs Enforcement, arguing the contract violates state law.

The New Mexico Department of Justice filed an emergency petition for a writ of mandamus seeking to halt and invalidate the agreement, which would allow the county to detain individuals on behalf of the federal government.

State officials argue the agreement is unlawful on multiple grounds, including that local governments lack authority to enter into such contracts with ICE and that Otero County failed to obtain required approval from the New Mexico Department of Finance and Administration.

The filing also asks the court to issue an emergency stay to prevent the agreement from taking effect while the case is considered.

The dispute centers on House Bill 9, known as the Immigrant Safety Act, which was signed into law in February. The law prohibits public bodies from entering into or renewing agreements with ICE for civil immigration detention and requires existing agreements to be terminated at the earliest allowable date.

According to the petition, Otero County commissioners approved the agreement during an emergency meeting shortly before a previous contract expired.

State officials argue the move was intended to secure a long-term agreement before the new law took effect. The contract reportedly spans five years and limits the county’s ability to withdraw while allowing federal officials to exit the agreement.

“The rule of law requires that all public bodies follow clearly established legal requirements,” Torrez said in a statement. “Otero County did not obtain the approval state law requires, and the agreement is invalid.”

The state said it will provide updates as the case proceeds.