WASHINGTON — U.S. Senator Martin Heinrich (D-N.M.) sent a letter to U.S. Immigration and Customs Enforcement (ICE) Acting Director Todd Lyons to demand answers on ICE’s continued operation of Torrance County Detention Facility (TCDF), despite a lapse in contractual authority to detain and care for individuals in ICE custody at TCDF, and renew his call for ICE to close the facility.
“While my longstanding concerns regarding the continuing and systemic failures of CoreCivic and ICE to ensure humane conditions for those in detention at TCDF remain, I am specifically inquiring here about the current lapse in contractual authority for Torrance County and CoreCivic to detain and care for individuals in ICE custody at TCDF,” Heinrich wrote to ICE Acting Director Lyons.
Heinrich continued, “The contract between ICE and Torrance County expired on October 31, 2025. It is my understanding that, at the time of writing, no new agreement has been entered into. It is also my understanding that ICE’s own internal policies dictate that ICE contracts and agreements for bed space ‘automatically expire if a new option period is not exercised or if the contract or agreement is not renewed.’ In the event of a contract expiring, per ICE’s policy, ‘all noncitizens and ICE equipment must be removed from the facility on or before the expiration of the period of performance.’ Counsel for a number of detainees at TCDF have confirmed that their clients remain at the facility.”
“It has been reported that ICE had meetings with Torrance County officials on October 27, 2025 about a short-term extension of the contract. Not only has that contract extension not been presented to the County, but we understand that those discussions have stalled due to a lack of communication from ICE,” Heinrich stated.
“ICE, which furloughed less than 7% of their workforce at the beginning of this government shutdown, despite furloughing key oversight staff, excepted law enforcement operations, and has additional funds at their disposal during this shutdown, ICE should be able to maintain even basic communications with their contractual partners,” Heinrich asserted. “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 also pointed out contradictory statements from ICE Acting Assistant Director Sean Hackbarth, “I was informed by Acting Assistant Director Sean Hackbarth 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’ and closing TCDF would ‘significantly hamper ICE’s ability to fulfill its immigration enforcement and public safety mission....’ ICE’s subsequent failure to extend its contract with Torrance County seems even more egregious considering its belief that TCDF is a mission-critical facility.”
Additionally, Heinrich requested ICE Acting Director Lyons to answer the following questions:
“The lapse in contractual authority for the continued detention and care of immigrants at TCDF is extremely concerning. I reiterate my calls for ICE to close the facility, but if you will not, I urge you to transfer all ICE detainees out of TCDF immediately until such time that the contract between ICE and Torrance County is extended,” Heinrich concluded.
The full text of the letter is here and below:
Dear Acting Director Lyons:
I write to you about the Torrance County Detention Facility (TCDF), an Immigration and Customs Enforcement (ICE) facility managed by CoreCivic in Estancia, New Mexico. While my longstanding concerns regarding the continuing and systemic failures of CoreCivic and ICE to ensure humane conditions for those in detention at TCDF remain, I am specifically inquiring here about the current lapse in contractual authority for Torrance County and CoreCivic to detain and care for individuals in ICE custody at TCDF.
The contract between ICE and Torrance County expired on October 31, 2025. It is my understanding that, at the time of writing, no new agreement has been entered into. It is also my understanding that ICE’s own internal policies dictate that ICE contracts and agreements for bed space “automatically expire if a new option period is not exercised or if the contract or agreement is not renewed.” In the event of a contract expiring, per ICE’s policy, “all noncitizens and ICE equipment must be removed from the facility on or before the expiration of the period of performance.” Counsel for a number of detainees at TCDF have confirmed that their clients remain at the facility.
It has been reported that ICE had meetings with Torrance County officials on October 27, 2025 about a short-term extension of the contract. Not only has that contract extension not been presented to the County, but we understand that those discussions have stalled due to a lack of communication from ICE. Torrance County Manager Jordan Barela informed Torrance County Commissions on October 29, 2025, that ICE’s failure to present the County with an amended contract may be due to the current lapse in government funding but that it is unclear to what extent that is true. A spokesman for CoreCivic has been quoted as saying that the shutdown will lead to “no changes we are aware of.” In a recent court filing, government lawyers wrote that “ICE is incurring obligations in advance of FY2026 appropriations...[and] certain ICE operations during this lapse in appropriations are being funded by appropriations made through the [One Big Beautiful Bill].” ICE, which furloughed less than 7% of their workforce at the beginning of this government shutdown, despite furloughing key oversight staff, excepted law enforcement operations, and has additional funds at their disposal during this shutdown, ICE should be able to maintain even basic communications with their contractual partners. 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.
Additionally, in response to my most recent letter calling your attention to the grievous failures of CoreCivic to meet ICE’s own detention standards, I was informed by Acting Assistant Director Sean Hackbarth 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” and closing TCDF would “significantly hamper ICE’s ability to fulfill its immigration enforcement and public safety mission....” ICE’s subsequent failure to extend its contract with Torrance County seems even more egregious considering its belief that TCDF is a mission-critical facility.
I am requesting answers to the following questions:
The lapse in contractual authority for the continued detention and care of immigrants at TCDF is extremely concerning. I reiterate my calls for ICE to close the facility, but if you will not, I urge you to transfer all ICE detainees out of TCDF immediately until such time that the contract between ICE and Torrance County is extended.
Sincerely,
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