Feds Cut Out Counties to Keep New Mexico Immigrant Detention Centers Open Despite State Ban

The federal government has found a way to keep immigrant detention centers open in New Mexico despite a state law designed to shut them down. On May 1, U.S. Immigration and Customs Enforcement (ICE) began a direct contract with private prison operator CoreCivic to house detainees in facilities located in Cibola and Torrance counties. This contract bypasses county governments entirely, effectively nullifying the state’s recently passed Immigrant Safety Act, which prohibits local involvement in ICE detention contracts.

Previously, county governments acted as middlemen between ICE and CoreCivic. But with the new law set to take effect on May 20, counties like Cibola and Torrance were expected to end their cooperation, potentially shuttering these facilities. Instead, ICE moved quickly to secure a direct contract with CoreCivic, awarding it on April 30 with a term extending through April 2027. The contract’s financial details remain opaque, though public databases show $13.4 million awarded so far.

Local officials confirmed their hands were forced. Cibola County Manager Kate Fletcher said the county is no longer involved with ICE detainees as of May 1, after receiving notice from ICE just days earlier. Torrance County’s contract expired in late March, and its manager says the county has no knowledge of any direct federal agreements that followed.

The third New Mexico facility, in Otero County, remains open under a separate arrangement. Unlike the other two, Otero’s center is county-owned and contracts with a different private company, Management and Training Corp. The state’s attempt to block Otero’s contract extension failed in the state Supreme Court.

These detention centers have long been under fire for abusive conditions including medical neglect, solitary confinement, and inadequate food and water. Advocates argue that New Mexicans overwhelmingly oppose housing immigrant detainees in their communities. Ian Philabaum of Innovation Law Lab called the direct contract a “rebuke of the will of the people” and questioned the legality of the sole-source contracting process, which bypassed competitive bidding rules.

While state lawmakers and local officials worried about economic fallout from closing the centers, the federal government’s move ensures that jobs tied to detention will continue. Cibola’s county manager expressed relief at the contract’s swift approval, contrasting it with slower state procurement processes.

This federal end-run around state law highlights the limits of local control over immigration enforcement and the persistent role of private prison companies in detaining immigrants. It underscores the urgent need for transparency and accountability in contracts that affect vulnerable populations behind bars.