DEMING – New Mexico Attorney General Raul Torrez has asked the state Supreme Court to step in and block Otero County’s renewed agreement with U.S. Immigration and Customs Enforcement to house detainees, arguing the contract violates multiple provisions of state law as a new immigration-related statute prepares to take effect.
Torrez filed the petition Wednesday, requesting the court halt the county’s arrangement to detain individuals at the Otero County Detention Center. He contends the county does not have the legal authority to hold individuals under civil immigration detention orders and also failed to obtain required approval from the Secretary of the New Mexico Department of Finance and Administration.
In public statements, the attorney general said the contract is unlawful under current state statutes and emphasized that all government entities must follow the rule of law while disputes are resolved through the courts.
The Otero County Commission renewed the contract during an emergency meeting held shortly before the previous agreement expired. County leaders cited financial concerns as a driving factor, including millions of dollars in outstanding bond debt tied to the detention facility. Commissioners have argued that shutting down the center could have significant economic consequences for the county and surrounding communities.
Torrez said both sides will have the opportunity to present their legal arguments before the court and expressed hope that the justices will review the matter promptly.
The legal challenge comes as the Immigrant Safety Act is scheduled to take effect May 20, a law that places new restrictions on local government cooperation with federal immigration detention operations across New Mexico.