Court officials say they didn't know ICE agents were at Otero County courthouse; county has yet to respond

ALAMOGORDO — Officials with the Twelfth Judicial District say they had no advance knowledge that federal immigration agents were on courthouse grounds on Sept. 22, when masked men who identified themselves as ICE agents detained a man moments after a judge dismissed the criminal case against him.

The man's name has not been released.

Audrey Hukari, chief clerk and court executive officer for the Twelfth Judicial District and Magistrate Courts, responded to a request for comment sent Sunday to District Judge Angie Schneider and the court clerk's office. Hukari said the court "can not comment on specific cases," but that court staff "were not aware of federal immigration agents being present on September 22nd."

Hukari also said there was no communication about the case "outside of normal business practices related to the conclusion of any court case." She did not say what those practices include.

Arrest took place in county-owned lot, court says

According to Hukari, the detention happened in the courthouse parking lot, which is owned by Otero County, not the court. She said the lot is shared by several government entities, including the district court, and serves both the public and court staff.

An emailed request for comment to the Otero County CEO, asking about the county's policy on immigration enforcement on county property and whether the county was aware of the detention, has not received a response as of publication.

The parking lot detail matters because of the statewide rules that govern courthouse access. Hukari pointed to a New Mexico Supreme Court order, No. S-1-AO-2025-00023, which she said all judicial districts follow.

The order took effect Nov. 17, 2025, and applies to "all courthouses and buildings owned or occupied by the New Mexico Judicial Branch." The policy does not specifically address parking lots or other grounds outside court buildings.

What the statewide policy says

The Supreme Court policy does not prohibit immigration arrests at courthouses. It requires any on-duty law enforcement officer from an outside agency, whether local, state, tribal or federal, to present a badge and official credentials to on-site courthouse security immediately upon entering. It also requires any arrest or detention inside a courthouse to be carried out in a way that does not interfere with court proceedings.

In the order, the justices said courthouses should remain open and accessible to "individuals, families, and businesses," and that people should be able to take part in proceedings free of "harassment or threats to their security or freedom." Violations of the policy can be enforced through each court's contempt powers.

Because the court says the Sept. 22 detention happened outside the building, it is unclear whether the identification requirement or any other part of the policy applied.

Immigration status not tracked

Hukari said the court does not record immigration status. "An individual's immigration status is not tracked as a data point in our case management system," she wrote.

She added that the Twelfth Judicial District is committed to providing access to justice through fair, timely and efficient resolution of all cases within its jurisdiction.

Public defender raised concerns

The incident first came to light through an email from Dayna Louise Jones, District Defender for the 12th Judicial District with the Law Office of the Public Defender, to the district's Criminal Justice Coordinating Council.

Jones wrote that the man, a client of her office, was taken immediately after his case was dismissed. His children, who were with him, described the men as masked and traveling in an unmarked vehicle. Jones wrote that people present told her office the detention "appeared to be coordinated and preplanned with local entities," though she did not name any agency.

Jones cited a 2025 state law meant to keep state agency employees from disclosing a person's immigration status. Separately, the Immigrant Safety Act, House Bill 9, which took effect May 20, bars state and local public bodies from agreements with ICE for civil immigration detention.

"The courthouse should be a safe place for individuals who are seeing their cases through to their resolutions," Jones wrote.

This story will be updated if the county responds.

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