New Mexico Lawmakers Face Urgent Decision on ICE Detention Centers

UPDATE: New Mexico lawmakers are confronting a critical legal challenge regarding the potential expansion of Immigration and Customs Enforcement (ICE) detention facilities within the state. Chief Deputy Attorney General James Grayson revealed that while new facilities may be restricted, existing contracts complicate any efforts to remove current detention centers.

During a presentation to the Courts, Corrections and Justice Committee on October 2, 2023, Grayson addressed lawmakers about the authority of the state to regulate ICE operations, particularly in Hobbs. His remarks come amidst rising concerns about the future of local detention facilities and the implications for state law.

Grayson highlighted that other states, like California, have attempted to limit local contracts with ICE, but similar measures have faced legal hurdles. He stated, “Different legal principles are at stake when it comes to impairment of existing contracts,” leaving lawmakers uncertain about the state’s ability to intervene decisively.

Committee Chair Senator Joseph Cervantes emphasized the urgency of understanding these legal complexities, especially as proposed legislation seeks to prevent local governments from forming new agreements to house individuals accused of civil immigration violations. Cervantes stated, “I certainly don’t want us debating legislation that is just going to buy a lawsuit.”

The future of the Lea County Correctional Facility looms large as it recently ceased operations as a state prison. The facility, owned by Geo Group, has been suggested as a site for potential ICE detainees, raising pressing questions about the timeline and legal ramifications of such contracts. Cervantes warned that if local governments rush to finalize agreements before new legislation passes, it could complicate the state’s regulatory power.

Geo Group, one of the nation’s largest private prison operators, announced on October 3, 2023, that it intends to lay off about 69 employees effective December 2, 2023, further complicating the facility’s future. The company has until November 13, 2023, to respond to Lea County’s petition for a declaratory judgment on its contractual obligations.

Grayson refrained from commenting on ongoing legal matters but asserted that the state generally retains the authority over local governments, which can only exercise powers granted by the state. This principle was recently reinforced when the New Mexico Supreme Court struck down local ordinances that conflicted with state law.

As lawmakers grapple with these complex issues, there is a clear sense of urgency among committee members, many of whom expressed a desire for a definitive legal opinion from the Attorney General’s office. Representative John Block from Alamogordo stated, “I do want an opinion from the AG to just button down specifically what powers we do have and what we don’t have.”

Cervantes concluded the discussion with a warning to all parties involved, including Geo Group: “The Legislature is going to be watching this relationship pretty carefully.”

As developments continue to unfold, the implications for New Mexico’s immigration policies and local governance remain uncertain. Lawmakers are tasked with navigating these legal challenges while addressing public concerns about immigration enforcement and community safety. Stay tuned for further updates as this story develops.