SOUTHERN NEW MEXICO
Supreme Court won't intervene in Otero County ICE detentions
Justices deny petition from NM attorney general
The New Mexico Supreme Court declined to intervene in a dispute over Otero County’s new service agreement with Immigration and Customs Enforcement, which means the use of a county-owned facility in Chaparral for federal immigration detention will continue for now.
State Attorney General Raúl Torrez sought an order invalidating the service agreement and placing an emergency stay on enforcing it while his office pursues civil litigation. Torrez claims the county did not have legal authority to enter into the agreement and did not obtain a required approval from the state Department of Finance and Administration.
The order on Thursday, joined by all five Supreme Court justices, declined Torrez’s petition without explanation.
“The Supreme Court did exactly what courts are supposed to do — apply the law as written without regard to political pressure,” Otero County Commission Chair Vickie Marquardt said in a written statement.
County commissioners initially approved their new agreement with ICE in an emergency session in March, convened with just a few hours’ notice, leading critics — including Torrez — to argue the meeting and any actions taken were void. Commissioners redid the vote in a properly noticed regular meeting.
The five-year contract provides facilities for holding immigration detainees in ICE custody at the Otero County Processing Center, which is operated for ICE by private contractor Management and Training Corp.
The previous contract extension expired last month and some lawmakers viewed the new agreement as an evasion of a recently enacted barring public bodies, including Otero County, from participating in federal immigration detentions.
The law, which takes effect next month, required that any service agreements affected by the law be terminated as soon as possible. Otero County’s new agreement with ICE does not permit the county to withdraw from the agreement.
The county maintained that without the partnership with ICE, it would default on revenue bonds used to build the facility and risk the loss of 284 jobs.
In a written statement, County Attorney R.B. Nichols said the county’s arguments “were grounded in the plain text of New Mexico law, 18 years of uninterrupted state acquiescence, and the federal government’s exclusive authority over immigration detention.”
Torrez accepted the court’s decision and vowed to “monitor the situation to ensure compliance with the new law that becomes effective in just a few weeks.” He continued: “The Legislature has made its intention clear that these kinds of contracts should be eliminated and that they do not benefit the people of New Mexico.”
Algernon ’A is the Journal’s southern New Mexico correspondent. He can be reached at adammassa@abqjournal.com.