NM Department of Justice Raises Concerns Over Torrance County ICE Extension
On January 9, 2026, the New Mexico Department of Justice (NMDOJ) formally notified the Torrance County Commission that the NMDOJ believes actions taken during a December 30, 2025, special meeting may be invalid due to multiple alleged violations of the state’s Open Meetings Act (OMA).
In a January 9, 2026, letter addressed to Commission Chair Ryan Schwebach, NMDOJ’s Government Counsel and Accountability Bureau outlined what it described as “serious concerns” regarding the county’s compliance with OMA requirements. The letter focused on three primary issues:
- (1) deficiencies in the county’s 2025 Open Meetings Act resolution,
- (2) improper notice of the December 30 special meeting, and
- (3) the attempted retroactive extension of an intergovernmental services agreement with U.S. Immigration and Customs Enforcement (ICE).
OMA resolution questioned
According to the NMDOJ letter, Torrance County’s 2025 OMA resolution does not meet statutory notice requirements. New Mexico law requires public bodies to determine annually, in a public meeting, what constitutes “reasonable notice” for meetings and to ensure that notices and agendas are posted on the public body’s website at least 72 hours in advance of a meeting, except in emergencies.
NMDOJ stated that the county’s current resolution relied on notice to newspapers and broadcast media but does not explicitly require posting notices and agendas on the county’s website. The letter further noted that it is unclear whether any newspapers or broadcast outlets have formally requested such notices, as required by law.
Because of these omissions, NMDOJ concluded that the county’s OMA resolution appeared to be out of compliance with state law.
December 30 meeting notice deemed insufficient
The letter also stated that the notice for the December 30, 2025, special meeting did not comply with OMA requirements and was likely invalid, invalidating all actions taken during that meeting, including the extension of the ICE detention facility agreement.
The Department of Justice found that the only apparent public notice of the meeting appeared on December 29, 2025, one day before the meeting, which falls short of the 72-hour notice period required by both state law and the county’s own OMA resolution. Without proper notice, the letter stated, any votes or actions taken during the meeting were not valid and must be redone at a meeting preceded by proper notice.
ICE contract extension challenged
A significant portion of the letter addressed agenda item 4(a) from the December 30 meeting, which involved approval of an extension or renewal of the county’s intergovernmental services agreement with ICE.
NMDOJ stated that the original agreement appeared to have expired on Oct. 31, 2025, and that the county’s attempt to retroactively extend or ratify the contract through March 31, 2026, was likely improper. The letter explained that a public body cannot retroactively ratify an action it never took in a legally valid manner, and that ratification, even if valid, only takes effect on the date it is approved, not retroactively.
As a result, NMDOJ indicated that the vote related to the ICE agreement was likely invalid.
County asked to respond
The Department of Justice requested additional information from Torrance County, including a detailed description of what was discussed and acted upon during the December 30 meeting, explanations for the notice failures, and justification for the county’s interpretation of ratification and retroactive approval. The county was given until January 16, 2026, to submit a written response and supporting documentation.
The letter concluded by noting that the Attorney General has statutory authority to enforce the Open Meetings Act and that serious or unresolved violations could result in further legal action.
The Mountainair Dispatch will continue to follow this matter and report on the county’s response and any subsequent actions.
