New Mexico DOJ files emergency petition to block ICE detention center agreement in Otero County

CHAPARRAL, New Mexico (KVIA) -- The New Mexico Department of Justice filed a petition for a 'writ of mandamus' yesterday with the New Mexico Supreme Court to immediately block the agreement between Otero County and U.S. Immigration and Customs Enforcement (ICE) aimed at keeping open the detention center located in Chaparral, New Mexico, given that, according to the Department of Justice, said agreement violates 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 petition written by the New Mexico DOJ asks the Court to stay and invalidate the Intergovernmental Service Agreement under which Otero County would be detaining people on behalf of the federal government, a press release said.

"The agreement is unlawful on two independent grounds. First, New Mexico municipalities lack the legal authority to enter into such agreements with ICE. Second, even if they did, Otero County failed to obtain mandatory approval from the New Mexico Department of Finance and Administration, rendering the contract void under state law," the New Mexico DOJ also said.

The filing made by the New Mexico DOJ also requests an emergency stay to prevent Otero County from acting on the agreement while the Court considers the merits of the petition.

"Otero County's agreement also defies a clear and recent legislative mandate. House Bill 9, the Immigrant Safety Act, was passed by the Legislature and signed into law by Governor Lujan Grisham in February. It prohibits public bodies from entering into, renewing, or maintaining intergovernmental service agreements with ICE for civil immigration detention and requires that any existing agreements be terminated at the earliest permissible date," New Mexico DOJ added.

"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."

ABC-7 reached out to the offices of New Mexico Attorney General Raúl Torrez, Otero County Commissioner for Precinct One, Gerald Matherly, Otero County Attorney, R.B. Nichols and to ICE and the Department of Homeland Security for comment.

Full story tonight on ABC-7 at 5 and 6.