NM Department of Justice: Otero County Commission’s vote to renew contract with ICE facility is invalid

OTERO COUNTY, New Mexico (KVIA) - The New Mexico Department of Justice (NMDOJ) announced Friday that the Otero County Commission violated the state’s Open Meetings Act when it held an emergency meeting to renew a contract with Immigration and Customs Enforcement (ICE).

The NMDOJ’s Government Counsel and Accountability Bureau reviewed the meeting and concluded that the commission improperly classified the March 13 meeting as an “emergency.”

Otero County is accused of failing to meet the legal requirements for bypassing standard public notice and transparency procedures.

The NMDOJ said the actions taken during that meeting, including the vote to renew the contract, are invalid under New Mexico law.

“The Open Meetings Act is not optional,” Attorney General Raúl Torrez said in a statement. “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.”

Otero County approved the contract renewal even though New Mexico Gov. Michelle Lujan Grisham signed the Immigrant Safety Act in February, which prohibits state or local governments from renewing or agreeing to contracts to arrest people for federal immigration crimes or violations.

The NMDOJ said that under the Open Meetings Act, emergency meetings are permitted only in response to unforeseen circumstances that pose an immediate threat to public health, safety, property, or that could cause substantial financial harm.

According to the NMDOJ, the expiration of the ICE contract was a known and predictable deadline, not an unforeseen event.

The NMDOJ also said the county’s justification — potential financial impacts tied to bond obligations — stemmed from internal planning failures, not a legitimate emergency.

The law does not allow public bodies to use emergency procedures to address foreseeable administrative or financial matters, the NMDOJ said.

The NMDOJ has directed the Otero County Commission to respond with outlined steps to come into compliance with the law.

KVIA ABC-7 reached out to Otero County Commissioners for comment. We have not heard back yet.

The NMDOJ sent a letter to the Otero County Commission, which you can read below.