U.S. Sen. Martin Heinrich is demanding answers from federal immigration officials about the continued operation of a New Mexico detention facility despite the expiration of its contract more than two weeks ago.
The New Mexico Democrat sent a letter to U.S. Immigration and Customs Enforcement Acting Director Todd Lyons last week questioning the legal authority for detaining approximately 550 individuals at the Torrance County Detention Facility after the contract between ICE and Torrance County expired Oct. 31, according to a statement released by Heinrich’s office.
A Torrance County official confirmed Nov. 3 that no new contract had been established, according to a statement from a coalition of advocacy groups including the ACLU of New Mexico, Innovation Law Lab and the New Mexico Immigrant Law Center.
The advocacy groups called on ICE to immediately release detainees, stating the agency is holding people “unlawfully” at the facility.
“The lapse in contractual authority for the continued detention and care of immigrants at TCDF is extremely concerning,” Heinrich wrote in the letter.
Heinrich said ICE’s own internal policies dictate that contracts for detention bed space “automatically expire if a new option period is not exercised or if the contract or agreement is not renewed.” The policies also require that “all noncitizens and ICE equipment must be removed from the facility on or before the expiration of the period of performance,” according to the senator.
According to the ACLU of New Mexico, attorneys for detainees at the facility have confirmed their clients remain at TCDF, which is managed by CoreCivic in Estancia.
According to Heinrich, ICE met with Torrance County officials Oct. 27 about a short-term contract extension, but discussions have stalled due to a lack of communication from the agency. Torrance County Manager Jordan Barela told county commissioners Oct. 29 that ICE’s failure to present an amended contract may be related to the current lapse in government funding, Heinrich said.
The senator criticized ICE’s communication failures, noting the agency furloughed less than 7% of its workforce at the beginning of the government shutdown and has additional funds at its disposal.
“ICE’s public assertion that there is no change to U.S. immigration law or enforcement rings hollow when it is now unclear what the legal justification is for the continued detention of approximately 550 individuals at TCDF,” Heinrich wrote.
The advocacy groups cited longstanding concerns about conditions at the facility, including human rights abuses, infrastructural failures such as sewage flooding, racist mistreatment by guards, medical neglect, lack of drinking water and restricted law library access, according to their statement. The groups said these issues have persisted despite ICE increasing the detention population at the facility in 2025.
A 2022 report by the Office of the Inspector General documented violations at the facility, according to the advocacy groups. They also referenced a whistleblower report released in 2025 by former TCDF staff that detailed abuse and cover-ups by authorities.
Heinrich pointed to what he described as contradictory statements from ICE Acting Assistant Director Sean Hackbarth, who previously told Heinrich that TCDF “is necessary to manage the administrative custody of one of the most highly transient and complex populations of any correctional or detention system in the world.”
Heinrich requested ICE confirm whether it intends to renew the agreement with Torrance County or pursue a direct contract with CoreCivic, and asked under what authority ICE is continuing to detain individuals without an active agreement.
The senator reiterated his call for ICE to close the facility, but urged the agency to at least transfer all detainees out of TCDF immediately until a contract is extended.