CHAPARRAL, N.M. (KFOX14/CBS4) — A decision by the Otero County Commission to renew a federal detention services contract with U.S. Immigration and Customs Enforcement is invalid under New Mexico law, according to the New Mexico Department of Justice, stating that the commission violated the state’s Open Meetings Act.

The New Mexico Department of Justice said it determined the commission broke the Open Meetings Act when it convened an emergency meeting on March 13 to renew an ICE contract, continuing to operate an immigration processing center.

Commissioners said the processing center has operated under an intergovernmental service agreement with ICE since the facility opened, and that the agreement is tied to revenue pledged to secure bonds used to build the facility, adding that the existing agreement was set to expire Sunday, March 15, and that ICE sent a replacement agreement a day before the meeting.

Commissioners said the timing forced them to act under emergency authority because there was less than four days before the current agreement expires, and they could not provide a 72-hour notice for a special meeting.

However, after a review by the NMDOJ’s Government Counsel and Accountability Bureau, the department concluded the commission improperly classified the meeting as an “emergency” and failed to meet legal requirements for bypassing standard public notice and transparency procedures.

The NMDOJ also found the expiration of the ICE contract was a known and predictable deadline, not an unforeseen event.

As a result, NMDOJ said the action taken during that meeting, including the vote to renew the contract, is invalid under New Mexico law.

“The Open Meetings Act is not optional,” Attorney General Raúl Torrez said. “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 renews ICE detention contract despite New Mexico ban taking effect in May

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 cause substantial financial harm.

According to the commissioners, last week’s emergency meeting and renewal were also tied to funding, stating that allowing the agreement to lapse would create significant financial consequences tied to the bonds.

“These revenue bonds were issued in 2007 to finance the construction of Otero County Processing Center,” commissioners said last week, adding the bonds “are still outstanding” and that “the total remaining debt service as of this afternoon is in excess of $19 million.”

Commissioners said the next principal-and-interest payment is due April 1 and warned that if the current agreement expired Sunday, the county would not be able to make that payment.

“If the current IGSA were to expire on Sunday, the payment for that payment would absolutely not be able to be made,” commissioners said.

However, the NMDOJ also determined the county’s justification of potential financial impacts tied to bond obligations stemmed from internal planning failures, not a legitimate emergency, stating that the law does not allow public bodies to use emergency procedures to address foreseeable administrative or financial matters.

Meanwhile, this comes after the Immigrant Safety Act was approved by state lawmakers last month. The law prohibits state or local governments from entering into or renewing contracts to detain individuals for federal civil immigration violations.

This means new ICE detention centers cannot be approved, nor can existing contracts be renewed. The law, which was signed by Gov. Michelle Lujan Grisham in early February, is set to take effect in May.

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

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RECOMMENDED: New Mexico bans new and renewed ICE detention contracts under Immigrant Safety Act

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