Court battle leaves tenuous funding for unaccompanied migrant children’s legal representation– Austin Fisher, Source NM
Attorneys for unaccompanied migrant children in New Mexico say a federal judge’s order keeps in place money for their legal representation for now — or at least until the Trump administration appeals to the nation’s highest court.
For decades, Congress has required the federal government to ensure that children who cross the border without a parent or legal guardian have legal representation in immigration proceedings. The government has done this by paying immigration lawyers through federal grants.
However, on Feb. 18, the U.S. government ordered Acacia, the primary grant recipient, to stop working on the cases, according to court records.
The government rescinded the stop-work order a week later, but on March 21 terminated the contract altogether, which stopped all funding for legal representation going to the organizations.
Any child who was not already represented prior to the termination could not be represented in court, said Imelda Maynard, legal director at Estrella del Paso, which works with children released to their guardians in Doña Ana County and west Texas. This impacted a couple dozen children’s cases that Estrella would have handled, she said.
“During that time, we had kids who definitely needed legal representation, but because we couldn’t do it, some of them ended up with removal orders,” Maynard said. “There were children going to court that we could not represent, so they were sitting through their hearings by themselves.”
After the legal organizations sued, a federal judge in the Northern District of California issued a temporary restraining order at the beginning of April and, at the end of that month, the government provided instructions to the legal organizations about how to continue to pay for the representation.
U.S. District Judge Araceli Martínez-Olguín then issued a preliminary injunction on April 29, ruling that the government cannot depart from its prior policy without a good reason, and they haven’t shown that good reason in this case.
“The Government offers no evidence that it found pro bono counsel or even sought out alternative representation for the unaccompanied children,” Martínez-Olguín wrote.
“There’s no substitution for having legal representation,” Andres Santiago, managing attorney for the New Mexico Immigrant Law Center’s children’s team, said. “To expect a kid to navigate the system on their own is absolutely crazy.” NMILC works with children released to their guardians in every county in New Mexico.
The government appealed the judge’s order to the Ninth Circuit Court of Appeals, which denied its request. Maynard said the government might appeal to the U.S. Supreme Court but, as of Tuesday, they had not done so.
The injunction bars the government from withholding the funds until Sept. 29.
NMILC is not a named plaintiff in the case but is affected as one of the legal service providers under the grant.
“We’ve seen things go up to the Supreme Court, so right now, it’s a tenuous situation where we have funding for now,” Santiago said.
SOMEONE ON THEIR SIDESome unaccompanied children are eligible for asylum, Santiago said, while others are eligible for other kinds of immigration relief. Some are also victims of commercial sex trafficking or labor trafficking, he said.
A lot of the children had very traumatic experiences that caused them to flee their countries, Maynard said, and a lot of them experienced further trauma on their journey here to the United States.
While every now and then some very bold children are able to advocate for themselves, most are very disoriented and scared, she said.
Federal law requires the U.S. Department of Homeland Security to transfer unaccompanied children to the Department of Health and Human Services and release them to juvenile shelters.
Attorneys connect the children to services, help them apply for visas, navigate their immigration cases, conduct know-your-rights training and represent them in immigration court.
“Their counsel, essentially, it’s the only time that they’re really hearing, ‘Hey, someone’s on your side, and someone’s here to look out for you and your interests, and listen to you,’” Maynard said.
As a result of the disruption in funding, Santiago said some NMILC staff are considering whether this kind of work makes sense for them in the long-term, though as of yet they haven’t yet lost any staff members. The children’s team has six attorneys, one legal representative and then four support staff.
The team is representing more than 200 children through the program, Santiago said. Last year, 235 children were released to sponsors in New Mexico, he said. But so far this year, there have been only 73 children released, he said.
The gap could be explained by the stop-start nature of the funding, or constraints on shelters’ ability to refer children to the attorneys, he said.
Estrella del Paso had to furlough about 18 of its staff because the flow of children coming into the shelters was so low, Maynard said.
The government argued in the case that it needed to cut the funding because of “fiscal constraints” and concerns about the “sustainability” of the program. Santiago said the funding is still needed.
“There are children that are continuing to be released to family in New Mexico, and they’re going to continue to need legal representation,” Santiago said.
State officials launch probes into possible misuse of disaster relief funds by Mora County– Dan Boyd, Albuquerque Journal
SANTA FE — Amid growing concern about possible financial improprieties, State Auditor Joseph Maestas has ordered a special audit of a northern New Mexico county to pinpoint what happened to an estimated $2.7 million in unaccounted for public funds.
The planned audit comes as Mora County is managing roughly $40 million in state loans intended to jump-start recovery efforts after the 2022 Calf Canyon/Hermits Peak Fire, the largest wildfire in modern New Mexico history.
Maestas, a Democrat, said his office’s recent concerns stemmed largely from tips from a Mora County whistleblower. A state agency also asked both the Auditor’s Office and the New Mexico Department of Justice to investigate Mora County earlier this month.
Any misuse or mismanagement of the loan funds could jeopardize the state’s ability to secure reimbursement from the Federal Emergency Management Agency, Maestas said.
“As the state’s financial watchdog, I’m compelled to step in and really get to the bottom of this,” he said in a Tuesday interview, while also citing past delays and financial waste connected to the construction of a new Mora County Courthouse.
Maestas also said a 2023 special audit that Mora County officials requested was never completed after county officials balked at the last minute.
The current special audit was ordered by Maestas with “great sadness,” he said, as some area residents are still awaiting federal payments after losing their homes in the 2022 wildfire.
“My hope is this intervention and special audit designation will begin the process of restoring trust in Mora County,” Maestas told the Journal.
The money is intended to be used for road repairs, culvert restoration and fixing other damaged public property in San Miguel and Mora counties. Disaster relief and compensation for damages on private property are covered by a separate FEMA program.
Sen. Pete Campos, D-Las Vegas, a sponsor of the 2023 legislation, said Tuesday he was not familiar with the details of the special audit but expressed concern about its impact on the ongoing courthouse project and other county operations.
Meanwhile, a state Department of Finance and Administration spokesman said Tuesday the agency has not received “clarity” on Mora County’s finances, despite extensive efforts and numerous meetings.
The agency is tasked with doling out the natural disaster loan funds and formally requested an investigation on May 2 due to concern over alleged financial misconduct, DFA spokesman Henry Valdez said.
“The people of Mora County suffered a monumental loss as a result of the fires,” Valdez said in a statement. “Local leadership should act with urgency and integrity to ensure that available federal and state resources are used effectively to support recovery and rebuild the community.”
AG also investigating
Attorney General Raúl Torrez, New Mexico’s top prosecutor, also opened an investigation into the matter after being asked to do so.
In a May 6 letter, Torrez told state DFA Secretary Wayne Propst his office would conduct an independent investigation into allegations of governance and financial misconduct in Mora County.
Meanwhile, the special audit into the missing funds will be conducted at Mora County’s expense by an outside firm approved by the State Auditor’s Office, Maestas said.
He also said he planned to meet with county officials in the next week or so to discuss the audit’s scope and other issues.
While the work has not yet begun, the audit is expected to examine contracts between Mora County and vendors hired to do repair work, along with possible concerns about possible conflicts of interest involving county officials and contractors.
Mora County Interim Manager Richard Trujillo, who was hired earlier this month, said Tuesday he was willing to work with state officials to address their concerns.
“I truly believe in transparency and the residents of Mora County deserve that from my office and county officials and personnel,” Trujillo told the Journal.
He also said Mora County has not yet used any of the state loan funds it received, saying an initial road construction plan did not adequately address hydrologic issues in the burn scar.
Judge finds police acted reasonably in shooting New Mexico man while at wrong address — Morgan Lee, Associated Press
A federal judge has dismissed part of a lawsuit that accused police of violating constitutional protections when they fatally shot a man after showing up at the wrong address in response to a domestic violence call.
The shooting of Robert Dotson, 52, in the northwestern New Mexico city of Farmington prompted a civil lawsuit by his family members, though public prosecutors found there was no basis to pursue criminal charges against officers after a review of events. The suit alleged that the family was deprived of its civil rights and officers acted unreasonably.
Hearing a knock at the door late on April 5, 2023, Dotson put on a robe, went downstairs and grabbed a handgun before answering. Police outside shined a flashlight as Dotson appeared and raised the firearm before three police officers opened fire, killing him. Dotson did not shoot.
"Ultimately, given the significant threat Dotson posed when he pointed his firearm at officers ... the immediacy of that threat, the proximity between Dotson and the defendant officers, and considering that the events unfolded in only a few seconds, the court finds that the defendant officers reasonably applied deadly force," U.S. District Court Judge Matthew Garcia said in a written court opinion.
The judge also said the officers were entitled under the circumstances to qualified immunity — special legal protections that prevent people from suing over claims that police or government workers violated their constitutional rights.
The opinion was published May 15 — the same day the U.S. Supreme Court ruled unanimously in a separate case that courts should weigh the totality of circumstances and not just a "moment of threat" when judging challenges to police shootings under the Fourth Amendment.
Tom Clark, one of the Dotson family's attorneys, said the lawsuit against Farmington police will move forward on other claims under tort law and provisions of the New Mexico Civil Rights Act, which limits immunity for police and other government agencies.
Defense attorneys said in court filings that the officers acted reasonably under "the totality of circumstances," noting that they repeatedly knocked and announced that police had arrived and saying Dotson "posed an imminent threat of death or great bodily harm to police."
Philip Stinson, a professor of criminal justice at Bowling Green State University in Ohio, said Tuesday that court evaluations of police immunity in shootings "sometimes lead to results that end up leaving you scratching your head."
NM's outsized reliance on Medicaid has advocates prepping for worst-case — Roz Brown, New Mexico News Connection
Unprecedented cuts to Medicaid under consideration by lawmakers in Congress would be a heavy blow to New Mexico, where more than one-third of the state's population is enrolled.
New Mexico also has one of the highest participation rates in the Supplemental Nutrition Assistance Program, another safety net system on the chopping block.
Monica Otero, health policy analyst at New Mexico Voices for Children, said continuous coverage for eligible kids is always a concern, because some parents will not know they need to renew it.
"This can occur about 25% of the time," Otero pointed out. "New Mexico's estimating that about 25,000 New Mexican children would be at risk of losing health coverage."
New Mexico's director of the Legislative Finance Committee has said a worst-case scenario would translate to cuts of more than $1 billion in Medicaid funding.
Nationwide, 23% of rural women of childbearing age are covered by Medicaid.
Joan Alker, executive director of the Georgetown University Center for Children and Families, said in New Mexico, the rate is 40%, the highest in the nation.
"New Mexico and Louisiana, Kentucky, West Virginia, Arizona, Oregon and Montana," Alker outlined. "And all those states have adopted the Affordable Care Act's Medicaid expansion for adults."
She argued a major reduction in Medicaid funding would also affect rural hospitals already struggling to stay in business.
Jacob Vigil, chief legislative officer at New Mexico Voices for Children, said Medicaid is also the state's largest source of federal funds.
"It's not just numbers on a spreadsheet," Vigil stressed. "It's our most vulnerable kids and families who are affected. We're talking about vaccines, developmental screenings, early care and treatment when it's most effective and least expensive."
There is a secondary way the budget bill could hurt New Mexico. One provision would reduce federal oil and gas royalties by 4%, revenue the state could use to pay for health care which might no longer be available through Medicaid.
Stansbury, Haaland criticize proposed Medicaid cuts in New Mexico — Kevin Hendricks, NM.News
Rep. Melanie Stansbury (D-NM) and former U.S. Interior Secretary Deb Haaland have recently voiced strong opposition to proposed Medicaid cuts, raising concerns about the potential impact on residents’ healthcare in New Mexico.
Congressional Budget Office estimates indicate that the House Republican reconciliation bill would eliminate health coverage for at least 8.6 million individuals and reduce health care spending by a minimum of $715 billion, primarily through Medicaid cuts.
Haaland, a candidate for the Democratic nomination for New Mexico governor in 2026, posted a video on social media criticizing proposed cuts, arguing that these policies could jeopardize healthcare for over 90,000 New Mexicans through reduced Medicaid funding. Haaland said that 40 percent of New Mexico’s population relies on Medicaid, and the proposed cuts could affect low-income families, children, rural health providers, hospitals, and the Indian Health Service.
“Healthcare is not a partisan issue – it is right that we all deserve, and we must stand together to protect Medicaid and demand that Republicans in Congress put people over politics,” Haaland said. “I promise to stand up for our communities’ access to healthcare in every arena. New Mexicans deserve better, and we can’t back down.”
Stansbury also slammed House Republicans’ efforts to advance the “devastating reconciliation bill that would increase taxes for our lowest-income working Americans, and gut healthcare and food assistance programs to give billionaires permanent tax breaks.”
Stansbury said the potential consequences could be dire in New Mexico, where a significant percentage of children, adults with disabilities, and elders in nursing homes rely on Medicaid. She also pointed out the potential for increased health insurance costs for families in her district.
“Republicans have repeatedly doubled down on their efforts to sacrifice the families in pursuit of tax breaks for their billionaire donors,” Stansbury said. “From forcing single parents and elders off SNAP, kicking an estimated 13.7 million Americans off health care, to gutting historic investments in climate and clean energy, this bill is nothing short of devastating for families in New Mexico.”
Haaland, who has personally relied on Medicaid, has previously pushed for Medicaid expansion and opposed cuts to the program. Stansbury criticized the Republican bill as a “betrayal of our working families” and vowed to fight against it.
“President Trump’s shakedown of the American people—enabled by House Republicans, continues,” Stansbury said. “I’ll continue to fight against this catastrophic reconciliation bill and work toward real solutions to lower costs for New Mexicans and the nation.” The House Budget Committee passed the Republicans’ reconciliation bill late Sunday. The House Rules Committee is scheduled to discuss the package on Wednesday. The bill will then move to the U.S. Senate for further consideration.
"Here the court is saying the police made a mistake — but in that moment they were confronted with a decision to use deadly force," he said. "I don't think this is the last word in this case."
Lawyers for Dotson's family emphasized that police were at the wrong address and that he was likely blinded by the flashlight with little inkling that police were there. They said officers did not give him sufficient time to comply with commands as an officer shouted, "Hey, hands up."
According to the lawsuit, Dotson's wife, wearing only a robe, came downstairs after hearing the shots and found her husband lying in the doorway. She fired outside, not knowing who was out there. Police fired 19 rounds but missed her.
NM increases high school graduation rates, but remains lower than national average — Leah Romero, Source New Mexico
While the State of New Mexico reported gains in its most recent high school graduation rates, they still remain below the national average.
According to recently released graduation rate data by the state Public Education Department for 2024, the state’s average graduation rate was 78.04%, or 20,375 students, which reflects an increase of over one percentage point from the 2023 rate.
The 2024 rate also marks the state’s highest graduation rate and the largest number of graduating students in the last 15 years.
“This increase reflects the hard work of our educators, students and families, and it underscores our shared commitment to student success,” PED Secretary Mariana Padilla said in a statement. “At the same time, we recognize that too many students are still not making it to the finish line—and we must continue working together to ensure every student has the support they need to graduate.”
According to the National Center for Education Statistics, a nonpartisan federal statistical agency, the national high school graduation rate has been about 87% since the 2021-2022 school year.
Some districts have met the national rate, such as Gadsden Independent School District in the southern part of the state, which has been on par with the national average for several years.
GISD Superintendent Travis Dempsey told Source NM the district’s success does not boil down to just one factor, but multiple steps teachers and administrators have taken. For instance, he said, the district partnered with outside consultant Marzano Resources for additional support.
The district also releases students two hours early every Wednesday to allow teachers to participate in “professional learning communities” to learn from one another and improve individual instruction.
“A third factor, I would say, is we’ve really tried very hard to come at this from a perspective that we have to meet our kiddo’s needs, basic needs, before we start trying to press in academically,” Dempsey told Source.
He pointed to breakfast and dinner programs in several schools, as well as an addition of six mental health therapists to the district’s secondary schools. He added that Career Technical Education programs have also allowed students to explore and meet their needs in other areas.
“Please don’t think that we’re perfect, because we are far from that, but I think that’s part of the success that you’ve seen over the last couple of years,” Dempsey said. “Stability in a district makes all the difference in the world, in my opinion. And listening to your…community about what they think is important.”
He told Source that because GISD encompasses multiple rural communities in Doña Ana and Otero counties and students often come from low income families, parents have voiced that they feel their children get limited experiences. To address this concern, Dempsey said the district tries to bring experiences to the students and “put learning tools in their hands as much as” possible.
Dempsey added that GISD also has a low staff turnover rate, which contributes to the stability of the district, its schools and the students.
“When we hire a teacher, we typically keep them for a whole career,” he said. “And it’s very common that many of our teachers are from Gadsden, so we get a lot of people who come back home to serve their community. And that fact just does wonders for us.”
According to the PED news release, improving graduation rates throughout the state is a primary goal of the department’s strategic plan. The department noted that about 2,400 more high school students need to graduate on time annually for the state to reach the national benchmark by 2027.
The department added that districts that reported higher graduation rates typically all closely monitor students’ course completion; identify and support at-risk students early; implement school improvement plans; participate in CTE programs; and have students set personal goals before entering high school.
“Our kids work hard,” Dempsey said. “There’s a culture here in Gadsden of, we expect kids to perform, and they do.”