A lawsuit by Federal officials to block New Mexico’s new law forcing the closure of ICE detention centers scored its first victory Wednesday afternoon when New Mexico Attorney General Raúl Torrez filed a stipulated motion agreeing to stop pursuing enforcement of the law against the sprawling Otero County Detention Center while the federal suit continues.
In exchange for the U.S. Department of Justice withdrawing its preliminary injunction request, Torrez committed to withholding enforcement of House Bill 9, the Immigrant Safety Act, regarding the Otero County Processing Center.
Asked for comment on the stipulated agreement, NMDOJ Spokesperson John Blair told The Paper. and NM Political Report, “This was a procedural decision made in the interest of speeding up the pending federal litigation. We’re confident that we’re right on the law and we want to get to a final resolution quickly.”
On Friday, in response to the DOJ suit, Torrez said, “House Bill 9 is a constitutional exercise of state authority, and this office will defend it… This lawsuit asks a federal court to override a democratically enacted state law because the administration disagrees with the policy choice the Legislature made. That is not a constitutional argument. It is an attempt to use federal litigation to reverse an outcome the administration dislikes. We will see them in court.” Today’s agreement allows the case to continue but avoids the possibility of a federal judge ruling against the state’s attempts to close the facilities in the meantime.
In April, the New Mexico Supreme Court declined Torrez’ request to stop an extension of Otero County’s ICE contracts, essentially allowing the facility to remain open for the near future.
The Federal government also sued the City of Albuquerque but did not request an injunction to stop the city from implementing its immigrant protection ordinance. Today’s stipulated agreement has no impact on the City of Albuquerque.