Litigation Coming, Otero County Violated Open Meetings Act in Rushed ICE Contract Extension, NM Attorney General Rules

ALAMOGORDO, N.M. (March 20, 2026) – $350,000 was allocated of Otero County taxpayers money for potential litigation in the rushed special session of the Otero County Commission on Friday March 13th, 2026. Let the litigation begin…

New Mexico Attorney General Raúl Torrez has ruled that Otero County broke state law when commissioners held a last-minute emergency meeting on March 13 to extend the county’s five-year contract with U.S. Immigration and Customs Enforcement (ICE) for the Otero County Processing Center in Chaparral.

In a statement released today through the New Mexico Department of Justice, the AG’s office declared the contract extension “invalid under New Mexico law” because the commission “improperly classified the meeting as an ‘emergency’ and failed to meet the legal requirements for bypassing standard public notice and transparency procedures.”

The full Attorney General statement reads:

“The Open Meetings Act is not optional. It ensures that public business is conducted in the open, not rushed through under the guise of an emergency when no true emergency exists.” — Attorney General Raúl Torrez.

The DOJ has given Otero County until Monday, March 23, to submit a written plan outlining steps to come into compliance.

Definition of Emergency: The NMDOJ stated that a "known contractual end date" does not constitute an unforeseen circumstance requiring an emergency meeting under OMA.

Actionable Demand: The state ordered Otero County to outline steps to bring the decision into compliance with the law, with a response required by March 23, 2026, as reported by the Santa Fe New Mexican.

Background on the Contract and Meeting

County commissioners voted unanimously in a roughly 12-minute session with only hours of public notice to approve a new Intergovernmental Service Agreement (Contract No. 70CDCR26DIG000010). The deal, effective March 16, 2026, through March 15, 2031, includes a clause stating Otero County “shall not have the right to terminate this agreement,” while allowing ICE to end services with 60 days’ notice.

As part of its investigation into Open Meetings Act compliance, the New Mexico Attorney General’s office reached out directly to Chris Edwards, General Manager of KALH Radio (KALHRadio.org) and AlamogordoTownNews.org. The AG’s office sought confirmation on whether Otero County had notified recognized local media outlets about the emergency meeting.

Edwards confirmed that his organizations were contacted by Otero County at 2:57 p.m. on Friday, March 13. KALH Radio and Alamogordo Town News promptly issued an immediate announcement to readers and listeners despite the very short notice.

Officials justified the emergency declaration because ICE sent the final contract draft on March 12—just days before the prior agreement expired on March 15. County Attorney R.B. Nichols had warned that failing to act could jeopardize the county’s bond obligations (approximately $19.3 million) and harm the local economy. The Otero County Processing Center is a major employer in the Chaparral area, supporting hundreds of jobs and generating significant revenue.

Tie to New State Law

The move comes just weeks before the Immigrant Safety Act (House Bill 9) takes effect on May 20, 2026. Signed by Gov. Michelle Lujan Grisham earlier this year, the law prohibits state and local governments from entering into or renewing contracts with federal immigration authorities for detention services. State Rep. Sarah Silva (D-Las Cruces) had asked the AG on March 16 to investigate whether the county’s actions violated the new law or transparency rules.

County and Local Response

This story is developing. Otero County commissioners have not announced their next steps or whether they will hold another meeting on the matter. We have an email directed to Commissioner Barela and RB Nichols asking for a statement and will update the story once provided. 

2nd Life Media and KALH Radio will continue monitoring responses from county officials, the Attorney General’s office, and state lawmakers. Updates will be posted here and broadcast on KALHRadio.org

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