NM Supreme Court unanimously allows Otero County ICE contract

Yesterday, the New Mexico Supreme Court decided that HB 9 the so-called “Immigrant Safety Act” which passed during the last legislative session, cannot be used to prevent the agreement between Otero County and Immigration and Customs Enforcement (ICE). The law, which goes into effect May 20 states, “A public body that is a party to an existing agreement that is used to detain individuals for federal civil immigration violations shall, upon the effective date of the Immigrant Safety Act, terminate the agreement upon the earliest date permissible under the terms of the agreement, with respect to all provisions that relate to the detention of individuals for federal civil immigration violations.”

1. You can bet that AG Raul Torrez is going to attempt to find a way to argue that “the earliest date permissible” is May 20.
2. The order was issued summarily, without explanation meaning that the legal arguments backing their decision were not outlined. But, it would seem that the law’s effective date (which won’t happen for another month) is critical.

The point is that this legal saga is by no means over. Even though these facilities employ 1,000 New Mexicans and have significant implications for local/state economies this is such a hot-button issue for Democrats that it is unlikely the AG and other Democrats will simply give up. Keep an eye out come May 20. More details from the Santa Fe New Mexican.