New Mexico’s AG Raises Questions on ICE Detention Facility Contracts

UPDATE: In a critical presentation just moments ago, New Mexico’s Chief Deputy Attorney General James Grayson revealed significant challenges surrounding the state’s authority to regulate ICE detention facilities. This urgent update comes as lawmakers grapple with the implications of existing contracts and the potential for new immigration detention centers in the state.

The discussion took place during a session of the Courts, Corrections and Justice Committee, where Grayson outlined the complexities of New Mexico’s legal landscape regarding immigration detention. With the potential reopening of the 1,200-person GEO Group facility in Hobbs, lawmakers are racing against time to understand their options. The facility, which has been closed since May, could soon be a site for ICE detainees, pending contractual agreements.

Grayson emphasized that while the state may have some control over new facilities, existing contracts present a more complicated scenario. He referenced similar actions taken in other states, highlighting California’s legislation that prevented local governments from entering into new contracts with federal detention facilities. However, those measures have faced legal hurdles, raising questions about the extent of state powers.

Committee Chair Sen. Joseph Cervantes expressed concern over the potential for litigation, stating, “It’s important for us to understand because I certainly don’t want us debating legislation that is just going to buy a lawsuit.” Lawmakers are particularly focused on the fate of the recently vacated Lea County Correctional Facility, owned by GEO Group, which announced it would lay off approximately 69 employees effective December 2.

As the clock ticks towards potential decisions, Cervantes questioned the urgency of entering contracts that could complicate future legislative actions. “If the argument is that the Legislature cannot enact a law that would interfere with their existing contracts, what happens if Lea County and Hobbs rush to get into a contract now?” he asked, highlighting the precarious position facing local officials.

GEO Group has remained tight-lipped about its plans for the facility, following a complicated history that includes the closure of the prison and the potential for it to become an ICE detention center. As of October 3, the company indicated it would transition to another corrections client but has not disclosed further details.

Amidst these developments, Grayson noted that state law dictates local government powers, asserting that local ordinances cannot contradict state legislation. This has led to uncertainty as lawmakers await a formal opinion from the Attorney General’s office to clarify their powers.

As the situation unfolds, stakeholders from Lea County and Hobbs are urged to stay vigilant. The Legislature is closely monitoring the relationship between GEO Group and local governments, and further actions may be taken as more information becomes available.

This developing situation remains under close watch as lawmakers strive to navigate the complex web of immigration policy and local governance in New Mexico. Stay tuned for updates as this urgent matter progresses.