Alamogordo, NM – March 24, 2026 — Following a formal determination by the New Mexico Department of Justice (NMDOJ) that its March 13. 2026 emergency meeting violated the state’s Open Meetings Act (OMA), the Otero County Board of County Commissioners has scheduled a properly noticed special meeting for Wednesday, March 25, 2026, at 6:00 p.m. in the County Commission Chambers.
The sole purpose of Wednesday’s meeting is to re-consider and potentially re-authorize a five-year extension of the Intergovernmental Service Agreement (IGSA) with U.S. Immigration and Customs Enforcement (ICE) for continued operation of the Otero County Processing Center in Chaparral. The contract extension is valued at approximately $283 million over the full term and is critical to the county’s financial stability.
On Friday, March 13, 2026 — the final business day before the existing IGSA was set to expire — the commission convened an “emergency” meeting with only a few hours’ public notice. In a session that lasted roughly 12 minutes, commissioners unanimously voted to approve the new five-year agreement running from March 16, 2026, through March 15, 2031.
County officials justified the emergency declaration by citing an imminent financial crisis: without the renewed contract, the county would lose more than $5 million in annual revenue, rendering it unable to meet debt service obligations on bonds previously issued to fund improvements at the processing center. They argued this created a substantial risk of bond default.
However, in a detailed letter dated March 20, 2026, from Blaine N. Moffatt, Director of the NMDOJ’s Government Counsel and Accountability Bureau, the Department of Justice concluded the meeting was not a lawful emergency under the Open Meetings Act (NMSA 1978, §§ 10-15-1 to -4). Key findings included:
Attorney General Raúl Torrez emphasized in the accompanying press release: “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. New Mexicans have a right to transparency and accountability from their local governments, especially when decisions of this magnitude are being made.”
The NMDOJ directed the county to provide a written response outlining steps to achieve compliance by 5:00 p.m. MDT on Monday, March 23, 2026.
On March 23, Otero County Attorney R.B. Nichols submitted the county’s official response to the DOJ (the document referenced as Nichols to Moffatt re NM DOJ OMA Response 3.23.2026.pdf). In it, the county maintains that the emergency meeting was necessary to protect public funds and prevent a bond default that could have had severe consequences for county operations and taxpayers. Nichols is expected to defend the county’s position at Wednesday’s meeting, arguing that the fiscal urgency justified the expedited process despite the DOJ’s interpretation of the OMA.
The response is linked here: Nichols to Moffatt re NMDOJ OMA Response 3.23.2026.pdf - Google Drive
The county has consistently stressed the economic importance of the processing center, which serves as a major revenue source and employer in Otero County.
To cure the procedural defect identified by the NMDOJ, the commission has now provided full, proper public notice as required under the Open Meetings Act for a special meeting. Agenda items are expected to include:
This meeting should allow for the transparency and public participation that the original emergency session lacked. Residents are encouraged to attend in person or watch via any available live stream.
The action comes as a new state law — the Immigrant Safety Act (HB 9) — is scheduled to take effect in May 2026, which would generally prohibit New Mexico counties from entering into or renewing contracts to house ICE detainees. By securing the extension now, Otero County aims to lock in the agreement before the ban activates.
This dispute highlights ongoing tensions between local economic interests, state oversight, and requirements for governmental transparency. Failure to properly re-authorize the contract could jeopardize millions in revenue, bond ratings, and jobs tied to the facility. At the same time, the NMDOJ’s enforcement underscores that even urgent fiscal matters must follow statutory public notice rules.
2nd Life Media Alamogordo Town News & KALHRadio.org will provide coverage and updates from Wednesday’s special meeting. We will also continue to monitor any further correspondence between the county and the NMDOJ, potential litigation, or additional developments. This story carries significant implications for Otero County’s budget, transparency in local government, and the long-term future of the Otero County Processing Center.
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