southern New Mexico lawmaker is asking the state attorney general to investigate Otero County commissioners’ recent emergency approval of a five-year detention contract with federal immigration officials, and to determine if it violates a new state law.
Rep. Sarah Silva (D-Las Cruces), whose district encompasses portions of Otero and Doña Ana counties, wrote in a March 16 letter to Attorney General Raúl Torrez that she believed the Otero County commissioners’ actions violated the recently adopted Immigrant Safety Act.
House Bill 9, signed into law by Gov. Michelle Lujan Grisham after its passage in the 2026 legislative session, bans public entities from signing detention contracts with federal immigration officials and requires public bodies to terminate existing agreements “upon the earliest date permissible.” The law goes into effect May 20.
At a 12-minute emergency meeting on March 13, Otero County Commissioners unanimously adopted a new five-year contract, effective Monday, March 16. The contract, obtained by Source NM, allows for U.S. Immigration and Customs Enforcement to end services with 60-days notice, but states Otero County “shall not have the right to terminate this agreement.” Additionally, the contract says the federal government will not have to pay for any further costs if the contract is terminated.
In her March 16 letter, Silva asked the New Mexico Department of Justice to issue an opinion on the contract’s validity, saying she suspected it was “an attempt to circumvent HB9,” and determine if commissioners’ lack of discussion on the contract violated state transparency laws.
“Otero County’s three commissioners raised no questions and engaged in no discussion during the emergency meeting, which lasted only a few minutes,” Silva wrote. “I cannot fathom how they could have no questions before voting to approve an agreement that potentially put them at odds with the State of New Mexico and could lead to litigation. The circumstances cast doubt on whether this body conducted all of its business in full view of the public, and I suspect an illegal rolling quorum may have occurred.”
A call to Commission Chair Vickie Marquardt seeking comment regarding Silva’s concerns was not immediately returned on Tuesday.
NMDOJ Chief of Staff Lauren Rodriguez told Source NM in a statement Tuesday that the agency was aware of the board’s actions and was “reviewing the matter.”
If the agency weighs in on the issue, it won’t be the first time. NMDOJ in a January letter said the commission’s extension at the end of last year of what was then an expired contract between the county, ICE and private prison operator CoreCivic was “likely improper and invalid.”
At the Friday meeting, Otero County Attorney R.B. Nichols told commissioners the original contract with ICE would expire on Sunday, March 15, necessitating an emergency meeting, without the three-days notice required by state law. He also told commissioners that without the $5.2 million annually in revenue from immigrant detention, the county would be unable to pay the $5.3 million in debt due on April 1. Moreover, the county owes $19 million in bonds issued in 2007 for the construction of the $68 million detention center.
“There’s a lot at stake here,” Nichols told commissioners, adding the inability to pay could mean the foreclosure of the detention center and harm Otero County’s ability to borrow in the future.
Lawmakers earmarked nearly $6 million to pay Otero County to offset the impacts of HB9, but the funding would be insufficient and not arrive in time for the April 1 debt payment, Nichols said.
The commissioners voted unanimously to approve the new contract.
Additionally, the emergency motion also allowed Nichols to file litigation in state or federal court over the contract and approval to spend up to $350,000 to hire additional attorneys.
Rep. Angelica Rubio (D-Las Cruces), one of the sponsors of HB9, criticized the Otero County Commission’s approval of the new contract in a statement to Source NM Tuesday.
“The economic argument lacks vision, and frankly it’s disappointing,” she wrote. “Our communities deserve leaders who share our values. You don’t build a future for New Mexico on the backs of your neighbors. Instead of doing the hard work of finding real economic opportunities for their communities…they’re choosing contracts that will cost them — legally and morally. They’ll need to find another way.”
