The petition asks the Court to stay and invalidate the Intergovernmental Service Agreement under which Otero County would detain individuals on behalf of the federal government.
Source: N.M. Department of Justice
Albuquerque, NM — The New Mexico Department of Justice today filed a petition for a writ of mandamus with the New Mexico Supreme Court, seeking to immediately block an agreement between Otero County and U.S. Immigration and Customs Enforcement that violates state law.
The petition asks the Court to stay and invalidate the Intergovernmental Service Agreement under which Otero County would detain individuals on behalf of the federal government. The agreement is unlawful on two independent grounds. First, New Mexico municipalities lack the legal authority to enter into such agreements with ICE. Second, even if they did, Otero County failed to obtain mandatory approval from the New Mexico Department of Finance and Administration, rendering the contract void under state law.
The rule of law requires that all public bodies follow clearly established legal requirements, without exception,” said Attorney General Raúl Torrez. “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.”
The filing also requests an emergency stay to prevent the County from acting on the agreement while the Court considers the merits of the petition.
Otero County’s agreement also defies a clear and recent legislative mandate. House Bill 9, the Immigrant Safety Act, was passed by the Legislature and signed into law by Governor Lujan Grisham in February. It prohibits public bodies from entering into, renewing, or maintaining intergovernmental service agreements with ICE for civil immigration detention and requires that any existing agreements be terminated at the earliest permissible date.
Otero County’s conduct is precisely the kind of maneuver HB 9 was designed to prevent. With minimal public notice, commissioners convened an emergency meeting to rush through a new five-year agreement just days before their previous contract expired. The agreement bars the County from withdrawing for any reason while leaving ICE free to exit at will. 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 New Mexico Department of Justice will provide updates as the matter proceeds.
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