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Law lab raises legal questions about Torrance County's ICE contract with CoreCivic
Summary
Innovation Law Lab summarized a Jan. 9 NM DOJ letter suggesting the county's retroactive ratification of an expired IGSA with ICE may be invalid under NMSA 10-15-3(A); the letter warns of potential legal exposure if CoreCivic is detaining individuals without lawful authority and asked the county for any contrary evidence.
Tiffany Wang of Innovation Law Lab, addressing the Commission by Zoom during public comment, summarized a Jan. 9, 2026 letter from the New Mexico Department of Justice that questions the legality of a retroactive extension or ratification of an intergovernmental services agreement (IGSA) between Torrance County and ICE for services at the Torrance County Detention Facility.
Wang said DOJ's reading of the statute (citing NMSA 10-15-3(A)) indicates a public body cannot retroactively ratify acts it never authorized, and that if the IGSA had expired before an extension was adopted, any subsequent ratification would be ineffective as of the original expiration date. She testified the DOJ letter notes the contract's stated expiration is March 31, 2026, but that DOJ's analysis suggests it may already be invalid and asked the county to provide evidence to the contrary.
Wang also warned of potential consequences if the contract is invalid: "CoreCivic is detaining people in ICE custody without lawful authorization," which could expose the county to claims under New Mexico false-imprisonment law. She requested clarification from the County about planned special meetings and any responses to the DOJ inquiry; the transcript records the question but does not record a substantive county response during this meeting.
County Manager Jordan Barela was present and the Commission did not provide a formal reply on the record during the March 25 meeting; the matter remained unresolved in the public record and the Commission scheduled a special session on March 30 related to canvassing business. The transcript does not include legal counsel's response on the record to DOJ's analysis during this meeting.
