NM Attorney General Responds to Otero County Defense with Joint Powers Agreements Act Violation Accusation; County Commission Acts Swiftly to Ratify ICE Contract

ALAMOGORDO, N.M. – The Otero County Commission held a special meeting on Wednesday, March 25, 2026, to address legal challenges from the New Mexico Department of Justice (NMDOJ) and to ratify its Intergovernmental Service Agreement (IGSA) with U.S. Immigration and Customs Enforcement (ICE) for the Otero County Processing Center.

The meeting came as the county received a new letter from the NMDOJ at approximately 4:28 p.m. on , March 25th 2026 (noted in meeting an hour and a half before this meezing. In that correspondence, the Attorney General’s office responded to the county’s defense of its March 13 emergency meeting and introduced an additional accusation: that the IGSA may be void under the Joint Powers Agreements Act (JPAA) because it lacked approval from the Secretary of the Department of Finance and Administration (DFA).

County officials strongly disputed the new JPAA claim, arguing that the IGSA is a federal service contract governed by federal law — not a joint powers agreement subject to state approval requirements. They noted that similar agreements with ICE in the past had not faced this challenge and emphasized that they were not conceding any legal defects while still acting to protect public interests and provide transparency.

Background and Timeline of the Dispute

• March 13, 2026: The commission held an emergency meeting and approved a five-year extension of the IGSA with ICE, along with related resolutions.

• March 20, 2026: NMDOJ notified the county of an alleged Open Meetings Act (OMA) violation, stating the emergency meeting did not qualify under state law.

• March 23, 2026: Otero County Attorney R.B. Nichols sent a detailed response defending the county’s actions.

• Late Wednesday , March 25( approx. 4:28 p.m.): NMDOJ letter arrived, raising the new JPAA violation argument in addition to the OMA concerns.
View the NMDOJ letter here: https://drive.google.com/file/d/1FE80ZB5sByY54IcEdWK_XFVwlQWtXk16/view?usp=drivesdk

• March 25, 2026: Special meeting held with proper 72-hour notice to allow public input and ratify prior actions.

High Financial Stakes for Otero County

Commissioners and staff highlighted the serious risks if the IGSA is invalidated. The processing center was financed with roughly $62–68 million in revenue bonds issued nearly 20 years ago. These bonds are secured only by facility revenues from the ICE contract — not by county general funds.

A default could allow bondholders to accelerate repayment, potentially leading to foreclosure and auction of the facility. This would jeopardize approximately 284 local jobs, disrupt the county economy, and possibly result in a private operator taking over the center and contracting directly with ICE. Rating agencies have already raised concerns, which could increase borrowing costs for future county projects such as roads, schools, and public safety.

County leaders criticized state officials for advancing legislation affecting the facility without offering mitigation, such as paying off the bonds or providing funding to repurpose the asset while preserving jobs.

Commission Actions at the Special Meeting

In a show of unity, the commission unanimously approved two resolutions without conceding any violation of the OMA or applicability of the JPAA:

• Resolution 03-25-26/114-63: Authorizing the IGSA with ICE for the next five years.

• Resolution 03-25-26/114-64: Ratifying the actions from the March 13 meeting and related legal counsel contracting.

The board described these steps as voluntary measures for good governance and to ensure additional public participation. An executive session followed to discuss pending and threatened litigation, including issues related to House Bill 9, the IGSA, the NMDOJ inquiry, and the JPAA challenge. No action was taken in closed session.

Public Comments

Citizens expressed a mix of concerns during the public comment period, including questions about long-term fiscal planning, the economic impact on Otero County, the human dimensions of immigration enforcement, and the need for viable alternatives to heavy reliance on the ICE contract. Comments by Marty McFarland, Joan Price and Tanya Burns took on an especially strong human element with Mrs Burns expressing how her father as a Jewish refugee had no nation to call home and how she had once also been classified as a "domestic terrorist" due to political gamesmanship over facts. Each expressed the human toll of ICE detention and shamed the couunty for putting budget and profits ahead of humanitarian considerations.

Next Steps

The county plans to prepare a formal written response to the NMDOJ addressing the new JPAA argument. Officials continue to defend the validity of the federal contract while navigating the complex overlap of federal and state law.

This development follows the Alamogordo City Commission’s own emphasis on Open Meetings Act compliance during its regular meeting on March 24, 2026, underscoring the heightened focus on governmental transparency across Otero County in recent days.

KALH Radio and Alamogordo Town News will continue to follow this story closely, including any further responses from the NMDOJ or potential court action. Residents are encouraged to attend future commission meetings and review official postings for the latest updates.

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