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As New Mexico House Bill 9 (2026) advances through the legislature, State Senator Jim Townsend of District 34 has issued a formal appeal to the U.S. Department of Justice, warning that the proposed ban on ICE detention contracts could devastate Otero County’s economy and violate constitutional protections.
In a letter dated January 22, 2026, addressed to U.S. Attorney General Pam Bondi, Townsend argues that HB 9 infringes on federal authority under the Supremacy Clause and the doctrine of intergovernmental immunity. He cites the July 2025 Third Circuit ruling in CoreCivic, Inc. v. Governor of New Jersey, which struck down state laws prohibiting private entities from contracting with federal immigration authorities. Townsend contends that HB 9 would similarly “foreclose federally authorized immigration detention contracting within New Mexico,” violating federal discretion under 8 U.S.C. § 1231(g).

Economic Fallout for Otero County
Townsend’s public statement accompanying the letter underscores the local stakes:
“This attempt to close facilities in New Mexico just hurts New Mexicans. Those illegal aliens held within these facilities are there because they broke the laws of our country. They will not be released, they will be transferred and people in New Mexico will be left unemployed.”
He specifically referenced the Otero County Processing Center near Chaparral, which he described as “an excellent well-run facility” where detainees are “well cared for.” Townsend warned that Otero County still carries nearly $30 million in bonded debt from the facility’s construction, and that taxpayers would be left footing the bill if the center is forced to close.
Legislative Momentum and Local Resistance
As previously reported by AlamogordoTownNews.org, HB 9 has gained traction in Santa Fe, propelled by human rights advocates and progressive lawmakers who argue that ICE detention centers perpetuate abuse and lack transparency. The bill would prohibit counties and municipalities from entering or renewing contracts with ICE detention facilities, effectively targeting the three major centers in Otero, Torrance, and Cibola counties.
Local officials have pushed back, citing economic dependence on detention-related employment and infrastructure. Otero County’s facility alone supports hundreds of jobs and anchors a complex web of service contracts, transportation logistics, and public financing.
Federal vs. State Jurisdiction
Townsend’s letter urges the Department of Justice to intervene during the legislative process, warning that HB 9 “undermines federal supremacy” and could trigger costly litigation. His appeal adds a new dimension to the debate, framing the issue not only as a local economic crisis but as a constitutional showdown between state sovereignty and federal enforcement prerogatives.
Whether the DOJ will respond remains uncertain, but the stakes for Otero County—and the broader legal landscape—are rising fast.
For ongoing coverage of HB 9, ICE contract debates, and local economic impact, follow 2ndlifemediaalamogordo.town.news. Want to share your perspective? Email ChrisEdwards@KALHRadio.org or join the conversation follow us on our community forum via our social media page at https://www.facebook.com/share/183QsREGD9/?mibextid=wwXIfr