Lawmaker asks U.S. attorney to intervene in New Mexico common lands case – Austin Fisher, Source New Mexico
A state lawmaker is asking the top federal prosecutor in New Mexico to reopen a case that allowed the American government to take millions of acres of commonly owned land promised to New Mexicans in the Treaty of Guadalupe Hidalgo.
Rep. Miguel Garcia (D-Albuquerque) on May 28 sent a letter to U.S. Attorney for the District of New Mexico Ryan Ellison asking him to reopen a 128-year-old court case called United States v. Sandoval.
Garcia is asking Ellison to attend one of this year’s interim legislative Land Grant Committee hearings, at which land grant attorney Narciso Garcia will present the legal arguments and questions surrounding the case to either Ellison or his designee, and the committee will ask him to intervene.
Last Friday, at the committee’s first meeting since this year’s legislative session, Garcia said he took it upon himself to make the request, and that Ellison’s office is deliberating how to respond to it.
Ellison’s office declined to comment.
The case deals with commonly owned land — locally managed lands meant to sustain communities — in seven areas in New Mexico granted by the Spanish Empire and later recognized by Mexican law.
The justices ruled that the common lands were actually owned by the Spanish Empire, and therefore became the U.S. government’s property as a result of the the Treaty of Guadalupe Hidalgo at the end of the Mexican-American War.
During this period, land speculators, including U.S. government officials, took advantage of adverse U.S. Supreme Court decisions to defraud communities of their common lands, Arturo Archuleta, director of the New Mexico Land Grant Council and the University of New Mexico Land Grant-Merced Institute, told the committee.
The Sandoval decision resulted in the seven land grants shrinking from an average of 450,000 acres to 1,500 acres, Garcia wrote.
He wrote that the ruling was a travesty of justice, and told the committee that it resulted in the depopulation of some land grant communities who could no longer herd as many cattle and sheep or produce as many forestry products.
“This was devastating for these communities because this is what brought on poverty in our state,” Garcia told the committee. “This is a good example of how our land grant communities were turned from a vibrant, self-sustaining community to an impoverished community.”
Garcia attached to the letter a 2018 working paper written by John Mitchell, who argues that after Mexico ceded the Territory of New Mexico to the U.S., Congress failed to incorporate it and allowed a temporary government to grant common lands to the inhabitants, which took away jurisdiction from the U.S. Supreme Court concerning land titles in the territory.“Ultimately, the decision still belongs to the New Mexico Supreme Court who could hold that the de facto government did in fact grant common lands under existing law,” Mitchell wrote.
Council vote could end THC-lookalike sales in ABQ – nm.news
New Mexicans have bought a staggering $1 billion worth of THC-containing cannabis since legislators and Governor Michelle Lujan Grisham legalized and regulated the sale of cannabis in 2022.
But that tally doesn’t include the growing segment of synthetic THC-lookalike products for sale in smoke shops and gas stations citywide that are sold with little regulation, testing or protections against sales to youth that the state’s regulated cannabis program requires.
Albuquerque’s City Council may be the first in the state to crack down on synthetic THC products if a bill sponsored by Councilor Dan Lewis passes council tonight.
City Desk previously reported on Lewis’ efforts to regulate so-called “hemp-derived” cannabis products which are chemically similar to THC compounds regulated by the state but just chemically distinct enough to exist in the gap between traditional hemp and Delta-9 THC:
The state’s 2022 law legalizing the sale of cannabis for adult-use only regulated delta-9 THC, the primary psychoactive component in cannabis. But other cannabis compounds such as delta-8 and THC-A, are not covered by the law, though they can produce similar effects to delta-9 when synthesized in a lab or burned. These compounds are then sold as hemp-derived products.
The U.S. Food and Drug Administration issued a warning that “[delta-8] may be labeled simply as “hemp products,” which may mislead consumers who associate “hemp” with “non-psychoactive.”
Lewis’ initial bill was amended in a council committee to distinguish between different types of synthetic hemp and to allow for commercial uses that are not intended for retail sale to consumers in the city.
Two different versions of a similar bill supported by Governor Lujan Grisham passed both chambers of the state legislature in 2025 but failed to receive concurrence on a final version.
If the city bill receives 5 votes tonight it will be forwarded to Mayor Keller who can send it back to council through a veto or allow it to become law. Under the law, anyone caught selling synthetic cannabis in the city would be a charged with petty misdemeanor.
Former NM Veteran’s Department cabinet secretary seeks Secretary of State seat - Danielle Prokop, Source New MexicoSonya Smith, a veteran and former New Mexico cabinet member, will officially announce her 2026 run for New Mexico Secretary of State later this week.
The secretary of state operates the state’s elections, keeps official records for the state government and is third in succession behind the governor and lieutenant governor. Term limits bar current Secretary of State Maggie Toulouse Oliver, finishing her second consecutive term, from running again.
Smith will be the third candidate seeking the Democratic nomination in the June 2, 2026 primary election, alongside Doña Ana County Clerk Amanda Lopez Askin and Santa Fe County Clerk Katharine Clark. As yet, no Republican candidates have announced runs for the office.
Trump administration efforts to change election rules, such as requiring proof of citizenship and changes to mail-in ballots, motivated Smith’s campaign, she told Source NM.
“The biggest threat to elections is people feeling safe and secure and that their right to vote is protected,” Smith said. “Our vote is our voice, and what we’re facing right now is the elimination of that.”
Smith received a bachelor’s in health services management from Norfolk State University and a master’s degree in health care compliance from Argosy University. She served as a combat medic with the United States Air Force Reserve in the first Gulf War, and worked in state health care before joining the New Mexico Department of Health, guiding the agency’s COVID-19 testing team. Gov. Michelle Lujan Grisham appointed Smith to lead the New Mexico Department of Veterans Services as its cabinet secretary in October 2020. She stepped down in November 2022, citing the need to care for her mother in her home state of Virginia. Smith returned to New Mexico after her mother’s death a few months ago.
Smith said her experience in election administrations is limited to “just being a voter,” but said her work in the Lujan Grisham administration gave her the necessary leadership skills required, including relationships to pass stronger legislation.
“I believe that my experience as a former cabinet secretary with statewide experience is just as valuable as having clerking experience,” Smith said.
According to the latest campaign finance records, Smith reported no donations or campaign expenses. She’ll formally announce her candidacy at an event Thursday.
Bloomfield officer shot during traffic stop dies - Gregory R.C. Hasman, Albuquerque Journal
A Bloomfield police officer has died, less than a week after being shot during a traffic stop.
At about 10:55 p.m., May 26, Timothy Ontiveros, 32, pulled over Dennis Armenta, 58, for a traffic violation. Armenta refused to roll down his window or provide identification to Ontiveros, Bloomfield Police Department Chief Phillip Francisco said. After over eight minutes of negotiation, Armenta continued to refuse to comply. Officers decided to arrest him for concealing his identity, Francisco said.
Armenta was inside his locked car with the windows up, prompting officers to break a window to take him into custody. At that point, Armenta opened fire with a handgun, “hitting Ontiveros and narrowly missing a second officer at the scene,” Francisco said.
Ontiveros was taken to multiple hospitals before dying in Albuquerque Sunday, he said Sunday.
"Officer Ontiveros was a valued member of the Bloomfield Police Department," Francisco said. "In his short time with the agency, he demonstrated kindness, professionalism, and dedication to the safety of the community he served.
Ontiveros had been with the Bloomfield Police Department since December. He was also a volunteer firefighter with the Aztec Fire Department. He previously worked for Farmington police.
"We are grieving his loss and ask for your prayers and support for the family of Officer Ontiveros and the Bloomfield Police Department as we navigate this tremendous loss," Francisco said.
A GoFundMe page was set up to support Ontiveros' family. On the page, family friend Heather Eckhoff described Ontiveros as having a "heart of gold" who loved serving and protecting his community.
"I extend my deepest condolences to Officer Ontiveros's family, friends, and fellow officers," Gov. Michelle Lujan Grisham said in a statement. "Today, all New Mexicans honor his life, his service, and the sacrifice he made to keep others safe."
Funeral arrangements have not been set, Francisco said.
Women contribute to NM's high alcohol-related death rate — Roz Brown, New Mexico News Connection
Problem drinking among women is on the rise, according to the National Institutes of Health, and New Mexico is no exception.
In the past two decades, women have had larger increases in alcohol-related emergency room visits, hospitalizations and deaths when compared with men. In addition, experts in alcohol abuse say there's been an increase in binge drinking among women over the past five years.
Stacy Martin, CEO of the Santa Fe Recovery Center, said they see similar trends.
"The majority of people we serve, regardless of gender, come in with alcohol-related issues. Often that's accompanied by other substances," she said. "But what people don't understand is that deaths related to alcohol outpace all other drugs."
May is observed as Women's Health Month, and health experts encourage women to prioritize their well-being. They recommend adult women of legal drinking age limit their alcohol intake to one drink or fewer each day. New Mexico has consistently had the highest alcohol-related death rate in the nation, exceeding the national average by a significant margin.
In general, Martin said, only about 11% of women with a substance-abuse disorder receive treatment. That's often because they are responsible for children, whether married or single, and logistically or financially don't have the resources. She said they also fear that by admitting the problem, their children might be taken away from them.
"In most states if a woman is seeking treatment and there's not a history of or signs of child abuse, there are no consequences," she said. "But the stigma is very real and the fear factor is very real."
Dr. Lisa Saul, UnitedHealthcare's chief medical officer for women's health, pointed to how alcohol is marketed toward women these days.
"Terminology like 'it's wine o'clock,' or 'mommy juice,' - those sorts of things have really normalized the consumption of alcohol in ways that we didn't really see before," she said.
Alcoholics Anonymous says 38% of their clients are women, and the proportion has been rising in recent years. The National Institutes of Health lists alcohol addiction resources on its website, "Rethinking Drinking."
State lawmakers question PED about meeting new Yazzie/Martinez deadlines - Leah Romero, Source New Mexico
Members of the Legislative Education Study Committee voiced concerns last week about the tight deadline the New Mexico Public Education Department has to meet new court orders in the longstanding lawsuit concerning equitable public education.
The LESC met for the first time during the interim Thursday and received an update on the Yazzie/Martinez lawsuit. Parties in the case returned to court last month to consider a motion of non-compliance filed by the plaintiffs in September 2024. First Judicial District Court Judge Matthew Wilson agreed with the plaintiffs that the PED has not complied with previous court orders and ruled the state needs to produce a plan for providing equitable education for at-risk students and tracking progress.
According to court documents, the PED must identify an outside expert to assist with the development of the plan and file a status report by July 1. A draft plan must be filed with the court by Oct. 1 and a final plan must be available for review by the court by Nov. 3.
Lawmakers questioned PED representatives about the court order and whether the department will be able to meet Wilson’s timeline.
“We are going to do whatever it takes to meet these deadlines,” PED Sec. Mariana Padilla told committee members. “We are not starting from scratch…we have so much ready to build upon, which is why I feel that this is doable. Is it going to be difficult? Absolutely.”
PED Assistant Secretary of Policy and Technology Greg Frostad told lawmakers that the department is currently working to identify an outside expert “as quickly as possible.”
Rep. Patricia Roybal Caballero (D-Albuquerque) encouraged Padilla to take into consideration the voices of stakeholders from outside the PED, including advocacy organizations and the plaintiffs in the suit. She also asked Padilla to use the plaintiff’s motion as a guide when implementing the plan because it outlined nine primary goals for creating a multicultural and multilingual educational framework; an education workforce; increasing technology access; developing methods of accountability; and strengthening the capacity of the PED.
“We’re too programmed,” Roybal Caballero said during the meeting. “It takes a great deal of resolve…and commitment to say, ‘I’m going to take that bold leap and step outside of what I’m familiar with.’ Trust the experts that come from our state of New Mexico, the experts that have been delivering this core education to our students, despite or in spite of PED, and trust that what they said and stated and presented in the plaintiff’s motion is valuable.”
President Pro Tempore Sen. Mimi Stewart (D-Albuquerque) said she agreed with her colleague’s sentiments, but added that she believes the PED “has stepped up in a huge way” to address the court’s original findings in the suit: that the state was not providing Native students, English language learners, low-income students and students with disabilities equitable education they constitutionally have a right to.
“I’ll say that I think part of our issue is that we lost our first judge. [The late] Judge [Sarah] Singleton listened to this for years and ruled, and I believe that she kind of understood where the problems were. But she’s no longer with us, and that has, I think, produced all of this lack of focus for all of us,” Stewart said. “I think this is a much bigger picture and I like the idea of an outside expert that will come in and look at everything we’ve done…Because we’ve not been doing nothing; we’ve been doing a lot.”
Albuquerque to spend $4.5M in opioid settlement funds on addiction recovery projects - Justin Garcia, Albuquerque Journal
Members of the Albuquerque City Council and the mayor’s office came together Wednesday to mark the signing of legislation that allocates portions of the historic opioid settlement — one of the largest in history to be doled out to local governments.
Mayor Tim Keller signed legislation that enables $4.5 million from opioid settlement money to fund three Gateway Center projects, all meant to alleviate drug use and homelessness in Albuquerque.
“People who need treatment and addiction help, the most in need, will now have a home and we’ll actually be able to open this very shortly,” Keller said while at the soon-to-be-opened Medical Sobering Center.
According to the legislation, this money goes to three projects.
The largest allocation, $2.25 million, was designated for the Medical Sobering Center, which will provide space for up to 50 individuals to recover from severe intoxication and is set to open later this summer. Another $1.4 million was allocated to the First Responder Receiving Area, a facility where police and other first responders can transport individuals in need of drug and mental health services outside regular hours.
Lastly, $950,000 is allocated to Gateway Recovery, a city-owned community of 46 tiny homes where individuals recovering from addiction can reside and receive treatment for a year.
In all, Albuquerque is set to receive about $80 million over the next 18 years. That money must be used to remediate the effects of the opioid epidemic, per the settlement agreement.
All the money stems from a settlement after local governments across the country sued pharmaceutical companies for overprescribing opioids. The resulting settlement, which followed hundreds of deaths in New Mexico, led to a windfall of funding for local governments.
More recently, rates of fatal overdoses have decreased two years in a row since 2021, when the number of deaths peaked at 1,029 deaths, according to data compiled by the New Mexico Department of Health. The same data set also showed that fentanyl was involved in 65% of overdose deaths in 2023, the year with the most recent available data.
“We created a world of people that were addicted to opiates,” said Jennifer Burke, executive director of Serenity Mesa Recovery Center. “And when they couldn’t get their opiates anymore, fentanyl was there waiting for them.”
However, decisions about how to allocate the money led to a split between some council members and the mayor’s office. The mayor’s office sought additional funding for Gateway services, while the council proposed distributing the funds to nonprofits that support individuals experiencing addiction.
The council’s plan followed dozens of meetings between councilors and Bernalillo County commissioners.
“It was a period of about two years to go through this process of getting community input, finding out how those funds should be used according to the community — which is what they were for — and then coming up with a plan,” Councilor Tammy Fiebelkorn said.
That same plan also allocated funds for the mayor’s office, which the council later allocated toward the three projects celebrated on Wednesday. However, despite the reconciliation and the bill signing, councilors and the mayor sought to convey a message that the work was not over.
“We are at the precipice,” Councilor Nichole Rogers said. “We are right there, and things like this (Medical Sobering Center) coming online are just going to help us really meet people where they are and connect them to the help so that they can get to self-sufficiency.”