NM Attorney General Moves to Block Otero County's ICE Detention Deal

Petition alleges contract violates state law and was approved without required oversight.

Apr. 2, 2026 at 10:09am

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New Mexico Attorney General Raúl Torrez has filed an emergency petition with the state's Supreme Court to block an agreement between Otero County and U.S. Immigration and Customs Enforcement (ICE) to detain immigrants. Torrez argues the contract violates state law and was approved without the mandatory approval from the New Mexico Department of Finance and Administration.

Why it matters

The case highlights ongoing tensions between state and local governments over immigration enforcement policies. New Mexico recently passed the Immigrant Safety Act, which aims to terminate contracts for detaining non-violent immigrants at facilities like the one in Otero County. This petition is the latest legal action in the dispute.

The details

In the petition, Torrez alleges that not only do New Mexico municipalities lack the legal authority to enter into such agreements with ICE, but Otero County also failed to obtain the required approval from the state's Department of Finance and Administration. Torrez is asking the state Supreme Court to stay and invalidate the Intergovernmental Service Agreement between Otero County and ICE.

  • The petition was filed on Wednesday, April 2, 2026.
  • In February 2026, New Mexico's governor signed the Immigrant Safety Act, which orders the termination of contracts to detain non-violent immigrants.

The players

Raúl Torrez

The Attorney General of New Mexico who filed the petition to block Otero County's agreement with ICE.

Otero County Commissioners

The county officials who approved the agreement with ICE to detain immigrants, which the Attorney General is now seeking to invalidate.

Michelle Lujan Grisham

The Democratic governor of New Mexico who signed the Immigrant Safety Act in February 2026, which aims to terminate contracts for detaining non-violent immigrants.

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What they’re saying

“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.”

— Raúl Torrez, New Mexico Attorney General

What’s next

The New Mexico Supreme Court will decide whether to stay and invalidate the Otero County-ICE agreement.

The takeaway

This case highlights the ongoing legal battles between state and local governments over immigration enforcement policies, with the New Mexico Attorney General seeking to enforce the state's new Immigrant Safety Act and block local contracts with federal immigration authorities.