New Mexico Attorney General Raúl Torrez Files Emergency Petition with State Supreme Court to Block Otero County’s ICE Detention Contract

Albuquerque, NM — The New Mexico Department of Justice (NMDOJ), under Attorney General Raúl Torrez, filed a petition for a writ of mandamus with the New Mexico Supreme Court on April 1, 2026. The filing seeks an immediate stay and invalidation of the Intergovernmental Service Agreement between Otero County and U.S. Immigration and Customs Enforcement (ICE) for detaining individuals at the Otero County Processing Center in Chaparral.

The petition argues that the agreement is unlawful on two main grounds: New Mexico municipalities, including Otero County, lack statutory authority to detain individuals for the federal government based solely on civil immigration violations (as these detainees have not been charged or convicted of state crimes). Additionally, even if authority existed, Otero County failed to obtain required approval from the New Mexico Department of Finance and Administration (DFA), which renders the contract void under state law.

“The rule of law requires that all public bodies follow clearly established legal requirements, without exception,” said Attorney General Raúl Torrez. “Otero County did not obtain the approval state law requires, and the agreement is invalid. We are asking the Court to act swiftly to prevent its enforcement.”

The NMDOJ is also requesting an emergency stay to halt any enforcement of the agreement while the Supreme Court reviews the petition.

Connection to the Immigrant Safety Act (HB 9)

The challenged five-year contract extension directly conflicts with the spirit and upcoming requirements of House Bill 9, the Immigrant Safety Act. Signed by Governor Michelle Lujan Grisham in February 2026, the law prohibits state and local public entities from entering into, renewing, or maintaining agreements with ICE for civil immigration detention. It takes effect on May 20, 2026, and requires termination of existing agreements at the earliest permissible date.

Otero County’s actions—rushing a new agreement with minimal public notice through an emergency commission meeting just before the prior contract expired—are viewed by the state as an attempt to circumvent this clear legislative mandate. The new deal reportedly bars the county from withdrawing while allowing ICE to exit at will.

Additional Concerns from Prior Actions

This Supreme Court petition builds on the NMDOJ’s earlier determination that Otero County violated the state’s Open Meetings Act during its March 13, 2026, emergency meeting. That session provided only hours of notice, lacked sufficient justification for “emergency” status, and resulted in a rushed vote with limited public input. A follow-up vote on March 25 aimed to address some issues but still failed to secure the mandatory DFA approval.

The Otero County Processing Center, operated under contract with Management and Training Corporation (MTC), has long housed ICE detainees (approximately 900 at capacity). County officials have expressed concerns that losing the agreement could lead to facility closure, job losses, and financial impacts related to revenue bonds used to build the center.

For the full details of the legal arguments, read the official NMDOJ Press Release here:

New Mexico Department of Justice Files Emergency Petition to Block Unlawful Immigration Detention Agreement in Otero County

The actual Petition for Writ of Mandamus is available as a PDF on the NMDOJ website:

View the Petition

The New Mexico Supreme Court has not yet issued a public response or ruling as of April 2, 2026. Otero County officials have previously defended the contract as a valid intergovernmental service agreement and indicated they would retain counsel to respond to legal challenges.

This story draws directly from the official NMDOJ press release and related public filings requested by AlamogordoTownNews.org and KALHRadio.org Updates will be provided as the court considers the emergency petition and stay request or Otero County responds 

More News from Alamogordo

• Otero County Commission Grapples with $3.3 Million General Fund Deficit in FY27 Budget Work Session, Teetering on Fiscal Cliff Amid Litigation Risks and Looming Tax Increases Otero County Commissioners face budget crises while getting raises
• Save the Date: Classic Indie Film “Dinner Rush” Screens at Otero Artspace on April 29 – A Delicious Blend of Comedy, Drama, and Thriller Save the date...