The New Mexico Department of Justice filed a petition for a writ of mandamus with the New Mexico Supreme Court, seeking to immediately block an agreement between Otero County and U.S. Immigration and Customs Enforcement that it says violates state law.
The petition asks the Court to stay and invalidate the Intergovernmental Service Agreement under which Otero County would detain individuals on behalf of the federal government. The department said the agreement is unlawful because New Mexico municipalities lack legal authority to enter into such agreements with ICE, and because Otero County did not obtain mandatory approval from the New Mexico Department of Finance and Administration, making the contract void under state law.
“The rule of law requires that all public bodies follow clearly established legal requirements, without exception. 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,” Attorney General Raúl Torrez said according to the organization’s press release.
The filing also requests an emergency stay to prevent Otero County from acting on the agreement while the Court considers the merits of the petition. The department said that House Bill 9, known as the Immigrant Safety Act, was passed by the Legislature and signed into law in February. The act prohibits public bodies from entering into, renewing, or maintaining intergovernmental service agreements with ICE for civil immigration detention and requires existing agreements be terminated at the earliest permissible date.
According to Torrez in the organization’s press release, “Otero County’s conduct is precisely the kind of maneuver HB 9 was designed to prevent. With minimal public notice, commissioners convened an emergency meeting to rush through a new five-year agreement just days before their previous contract expired. The agreement bars the County from withdrawing for any reason while leaving ICE free to exit at will. By rushing to lock in a long-term detention contract on the eve of that law taking effect, Otero County acted in direct defiance of public policy set by the New Mexico Legislature.”
The New Mexico Attorney General serves as chief legal officer for all counties in New Mexico, coordinates with local law enforcement agencies for public safety efforts, advances justice through civil litigation and criminal prosecutions, seeks to protect consumers and uphold rule of law, provides services across all counties in New Mexico, fosters trust via community outreach initiatives according to the official website.
