Judge invalidates top federal prosecutor's appointment, but leaves him in charge under new job title
—Colleen Heild, Albuquerque Journal
The Trump administration's effort to install a U.S. attorney for New Mexico without U.S. Senate confirmation has failed, but a federal judge allowed Ryan Ellison to be a top prosecutor under another title.
Ellison is among six U.S. Department of Justice appointees, two of whom have been controversial, who have lost their interim or acting U.S. attorney titles over the past year after federal courts invalidated their appointments as unlawful.
"The issues presented arise in a context unfamiliar to most citizens, lawyers and, judges," wrote Senior U.S. District Judge David Ogden Nuffer in a 53-page ruling released Wednesday. "The fundamental pillars of checks and balances among co-equal branches of the United States federal government are implicated."
In less than a year, Ellison has gone from an assistant U.S. attorney to interim U.S. attorney and then "acting" U.S. attorney.
The Alamogordo native now holds the title of first assistant U.S. attorney after lawyers for about 20 criminal defendants challenged his acting U.S. attorney appointment as illegal and asked for his disqualification from and dismissal of their pending cases.
"Mr. Ellison is not, and was never, a validly acting United States Attorney for the District of New Mexico," Nuffer said in his ruling. "He has been invalidly claiming to serve in that capacity since his resignation as interim United States Attorney on August 13, 2025."
There is no U.S. attorney for New Mexico, but the judge ruled that Ellison will assume that responsibility for the most part as the second-in-charge.
New Mexico's U.S. Sens. Martin Heinrich and Ben Ray Luján, both Democrats, issued a statement Thursday saying, “New Mexicans deserve a chief federal prosecutor focused on keeping our communities safe. And that requires a fidelity to the law, which this administration is clearly uninterested in.”
Lawyers for the defendants pointed out that the Trump administration has attempted to use similar methods of installing acting U.S. attorneys in New Jersey, Nevada, the Los Angeles area, northern New York and in the Eastern District of Virginia.
Nuffer was asked to hear the Ellison appointment challenge in September after all New Mexico's federal judges recused themselves.
Typically, the president would send a nominee for U.S. attorney to be confirmed by the Senate, as happened with Ellison's predecessor Alexander M.M. Uballez, an appointee of President Biden in 2022.
After Trump took office and asked Uballez to resign, Ellison became an interim U.S. attorney April 17, a temporary post that had a 120-day term.
To stay in office without the traditional U.S. Senate confirmation, Ellison resigned that post Aug. 13, several days before that term expired. The next day, U.S. Attorney General Pam Bondi designated him the first assistant U.S. attorney with authority to serve as acting U.S. attorney.
Nuffer wrote that the method used by the Trump administration was "an apparent attempt to contravene the clear and plain limitations Congress implemented for the temporary filling" of the U.S. attorney's job. But Nuffer, an Obama appointee, noted that the "tension between the Executive and Congress regarding (such appointments) is not unique to this administration."
He also rejected the criminal defendants' request for dismissal of their charges filed when he held the acting post, as well as finding no need to disqualify him from supervising those cases.
"Since I was appointed last April, I’ve repeatedly used the phrase 'for however long I serve' because the duration of my time leading the United States Attorney’s Office has always been uncertain. Even though my title has changed, my mission remains the same," Ellison said in a press release on Thursday.
It wasn't clear whether Trump will ever nominate a U.S. attorney for New Mexico subject to Senate confirmation during the remainder of his term.
"As the top federal prosecutor in New Mexico, I will work tirelessly to enhance public safety for all New Mexicans," Ellison added. "I look forward to continuing to work with public servants of all political stripes for the betterment of our state — for however long I serve.”
Nuffer noted that it was reasonable to infer that because of Ellison's length of service, which spanned multiple executive administrations, he is a career official with knowledge of the U.S. Attorney's Office.
"And there is no record evidence that he lacks the qualification or the ability to serve in the role of (First Assistant U.S. Attorney)," the judge wrote. "Defendants have also failed to identify sufficient legal authority demonstrating that the motive behind Mr. Ellison's designation somehow invalidates the designation."
In the five other cases, one of Trump's former private attorneys, Alina Habba, was found to be unlawfully appointed to the U.S. attorney's job in New Jersey. In eastern Virginia, a judge ruled that another of Trump's former personal lawyer, Lindsey Halligan, was unlawfully appointed as interim U.S. attorney and dismissed cases she had brought against New York Attorney General Letitia James and former FBI Director James Comey.
Mark Baker, a former assistant U.S. attorney who is a private attorney in Albuquerque, said of Nuffer's ruling, "Like in other parts of the country, the Trump administration distorted the process for confirming the U.S. Attorney. That violates the Constitution. The only surprising thing about yesterday’s ruling is that Ryan 'Ry' Ellison and the administration made a federal court issue an order confirming that the Constitution still matters.
"Every other person to serve as U.S. Attorney has submitted to Senate confirmation before trying to serve as the top federal law enforcement officer in this state. It’s dangerous for the State, crime victims, defendants, and law enforcement to not have a legitimate, vetted, and confirmed U.S. Attorney," Baker added.
State Republican Party Chairwoman Amy Barela issued a statement, saying, “This decision affirms the validity of Mr. Ellison’s designation as First Assistant U.S. Attorney and his commitment to public safety that benefits all New Mexicans."
"Ryan Ellison has done exactly what he was put in his position to do — responsibly, respectfully, and in a nonpartisan manner by following the rule of law," Barela stated. "New Mexicans deserve effective leadership that focuses on securing our state first, not political theater aimed at undermining justice.”
Six Democratic senators want billions in ICE funding redirected to other law enforcement agencies - Cathy Cook, Albuquerque Journal
A New Mexico senator is pushing for billions in Immigration and Customs Enforcement funding to go toward other law enforcement agencies.
Sen. Martin Heinrich, D-N.M., is one of six Senate Democrats who this week introduced the PUBLIC SAFETY Act, which would redirect close to $75 billion from ICE toward local law enforcement agencies. The bill could have a tough path to passage, given Democrats are the minority in the Senate and House and immigration enforcement is a priority for President Donald Trump.
ICE has come under increased scrutiny after a federal immigration officer fatally shot Renee Good in Minnesota last week. House Democrats on the Homeland Security Committee announced a probe of Homeland Security Secretary Kristi Noem’s actions on Thursday. Dozens of Democrats in the House, including New Mexico’s representatives, have signed on to three articles of impeachment against Noem. DHS Assistant Secretary Tricia McLaughlin called the impeachment push "silly."
Increased immigration enforcement was a pillar of Trump’s 2024 campaign, and Congress boosted ICE funding by billions last year with the “One Big Beautiful Bill.”
“The unprecedented funding for ICE will enable my hard-working officers and agents to continue making America safe again by identifying, arresting and removing criminal aliens from our communities,” acting ICE Director Todd Lyons said in a statement after the funding passed.
Increased federal immigration enforcement in cities like Portland, Chicago and Minneapolis has sparked protests.
“We’ve seen how this administration has chosen to use these funds to weaponize ICE against our communities — and that doesn’t make anyone safer,” Heinrich said in a statement.
The PUBLIC SAFETY Act would reallocate $45 billion from ICE meant for increasing detention capacity to the Edward Byrne Memorial Justice Assistance Grant Program. The Byrne JAG program is the leading source of federal justice system funding for states and local agencies. It provides federal dollars for a wide range of criminal justice activities, like law enforcement, indigent defense, prosecution, crime prevention, corrections and drug treatment and enforcement.
More than $4 million has been awarded in New Mexico through the Byrne JAG program over the last five years, the bulk of it to the state’s Department of Public Safety, according to grant data.
The legislation would also reallocate $29.8 billion from ICE enforcement and operations to the COPS Hiring program, which could fund hiring more than 200,000 police officers across the country. That proposed influx in funds would allow the COPS Hiring Program to waive its 25% cost-share requirement for small local and tribal law enforcement agencies and police departments.
The bill would not affect the $10 billion Congress allocated in annual appropriations for ICE, which is similar to the funding level ICE had the previous fiscal year.
Santa Fe school board puts off E.J. Martinez decision, will weigh more options
—Santa Fe New Mexican
The Santa Fe school board continues to delay a final decision on what to do about E.J. Martinez Elementary School.
The Santa Fe New Mexican reports the board was not able to keep a December promise to come up with a plan for the school. Instead, the board on Thursday indicated its intent to study three options.
Thursday night’s meeting of the Santa Fe school board ran late into the night. Eventually, the board voted to reassess three options: to rebuild E.J. Martinez; to keep E.J. as a “school within a school” at Chaparral Elementary, where they are currently attending school — or to do so within Milagro Middle School.
The New Mexican reports the vote followed a long and emotional public comment period. Public comment was characterized by strong support for the school remaining intact in some form. E.J. Martinez parents, teachers and students asked the board to adopt a plan that would keep the school’s community together.
Many of them promoted a solution the district has been exploring since November: moving E.J.’s students and teachers into Milagro Middle School.
The New Mexican reports that option was not embraced by Milagro staff at the meeting.
Last year, the board voted to not rebuild E.J. Martinez after estimates placed the cost of a rebuild project at $35 million.
As lawmakers ready to move quickly on bonding bill, report finds NM road deficiencies have high cost - Dan Boyd, Albuquerque Journal
The combination of rising inflation-related costs and less revenue due to more fuel-efficient vehicles has made it a bumpy ride for New Mexico drivers in recent years.
But state lawmakers are expected to take quick action during the 30-day legislative session that begins next week to pass a $1.5 billion bonding bill that could help alleviate a funding crunch for road repairs and construction statewide.
The bonding bill, which would have also increased vehicle registration fees and imposed a new fee on electric vehicles, stalled in the Senate during the final days of last year's 60-day legislative session. But a new version of the bill could advance to Gov. Michelle Lujan Grisham's desk for final approval in the first two weeks of this year's session, said Senate Majority Leader Peter Wirth, D-Santa Fe.
"Given the fact that we've not raised the gas tax since (the 1990s), getting dollars into our roads is a huge, high priority," Wirth said in a recent interview.
He also said additional dollars for road projects will likely be allocated in a separate budget bill for the coming fiscal year that's also expected to be approved during the legislative session that starts Jan. 20.
The push for more road funding was bolstered Thursday by a report from a national group that found that driving on deficient roads costs New Mexico drivers about $3.3 billion per year. That figure was calculated based on the estimated costs of vehicle repairs from driving on rough roads, wasted fuel due to traffic congestion and car crashes.
In addition, the report specifically pegged the cost for drivers in Albuquerque at $3,061 per year, with slightly lower costs for drivers in Las Cruces and Santa Fe.
The report, released by TRIP, a Washington D.C.-based nonprofit group, also found that more than half of the roads in both Albuquerque and Las Cruces are currently in poor or mediocre condition.
"Although the costs to drivers are already startlingly high and come at a time when many drivers can ill-afford it, they'll grow even higher in the future unless the state can provide additional funding to improve road and bridge conditions, ease congestion and enhance safety across the state," said Carolyn Bonifas Kelly, the director of communication and research for the group and an author of the report.
Meanwhile, the report also cited a current budget shortfall of $7.5 billion to pay for road projects determined to be necessary by the New Mexico Department of Transportation. Top DOT officials last year said the agency faced a $471.6 million gap in funding for priority projects around the state.
During a Thursday news conference, House Minority Leader Gail Armstrong, R-Magdalena, described road improvements as key to bolstering the state's economic development and public safety efforts.
At a glance:
A report issued Thursday by a national group identified more than $7.5 billion in needed but unfunded transportation projects across New Mexico. Here are some of the proposed projects:
- $408 million — Add additional traffic lane on a 22-mile stretch of Interstate 25 between Bernalillo and Cochiti Pueblo.
- $500 million — Improve pavement along Interstate 40 from Santa Rosa to the Texas state line.
- $355 million — Rebuild U.S. Highway between Deming and Bayard to feature four lanes or an alternating passing lane.
- $48 million — Reconstruct and improve Cerrillos Road in Santa Fe between St. Francis Drive and St. Michael's Drive.
- $195 million — Widen U.S. Highway 64 between Taos and Tres Piedras to add shoulders.
"New Mexico is not a poor state," said Armstrong, who represents one of the state's largest legislative districts. "And we shouldn't act like one when it comes to DOT."
While $65 million in state funds was allocated for road projects last year, critics said that amount of money was insufficient to keep up with necessary repairs statewide. A group of construction and maintenance workers urged Lujan Grisham to add road funding to the agenda of a special legislative session last fall, but the governor ultimately decided against doing so.
Given that backdrop, Sen. George Muñoz, D-Gallup, the chairman of the Senate Finance Committee, pledged the $1.5 billion bonding bill will move quickly during this year's session to the governor's desk.
"New Mexico is going to step to the plate and make sure that's taken care of," Muñoz said Thursday.
However, he also called on the state Department of Transportation to be more efficient when it comes to putting appropriated state dollars to work.
New Mexico’s state road fund gets its money from several revenue sources, including the gas tax, vehicle registration fees and the vehicle excise tax levied on purchases.
The road fund, which is used to pay for repair and construction projects statewide, is projected to gradually increase to nearly $600 million in 2030. But its value is then projected to decrease by 13% by 2050.
In large part, that’s because of a projected increase in fuel efficiency — as measured in miles per gallon of gasoline — in new vehicles.
That trend has reignited a debate in recent years over whether New Mexico should increase its 17-cent per gallon gas tax rate, which is the lowest in the region. The state's gas tax rate was last adjusted in 1996.
Muñoz said he expects the issue to generate additional debate during this year's session, as a way to generate additional recurring revenue.
Meanwhile, the Governor's Office has thrown its support behind the planned funding infusion for road improvements, but has taken a wait-and-see approach on a possible gas tax hike.
Mining company announces milestone in push to dig new uranium mine in NM - Patrick Lohmann, Source New Mexico
The company seeking to build a new uranium mine near Mount Taylor announced a significant milestone this week, completing an operations plan that one environmental lawyer said indicates the company is serious about extracting the first load of uranium from the state in decades.
Laramide Resources, Inc. issued a notice Monday alerting the public it had submitted a complete Mining Operations and Reclamation Plan to the state regarding the Jara Mesa uranium mine project about 10 miles north of Grants. The state’s Mining and Minerals Division, which is reviewing the application, deemed the plan complete and is now beginning its technical review, according to state officials and the notice.
The 74-page plan is the culmination of years of data collection and marks a new phase of the project, according to Eric Jantz, legal director for the New Mexico Environmental Law Center. What happens now could set the precedent for how the state handles new uranium mine applications under the current legal framework the state created in 1993, he said.
“This is a big deal in a number of senses,” Jantz told Source New Mexico on Thursday. “It’s going to be the first uranium mine in New Mexico — if it starts, and that’s a big if — in …probably 40 years. It would also be, irrespective of if it produces anything, the first new uranium mine license under the New Mexico Mining Act. So it could potentially set the tone for how state regulatory agencies deal with conventional mines going forward.”
According to the plan, the mine, once built, will produce 12 to 15 truckloads a day of uranium ore to be processed at an unspecified offsite mill. The operation could run in New Mexico for up to 20 years, the company says.
A spokesperson for Laramide did not respond to Source’s request for comment Thursday. The company’s notice says that the plan is available for inspection at the MMD office in Santa Fe or on its website, and says the public must submit written comments or requests for a public hearing within 30 days of the notice, which is Feb. 10.
Both the state and the federal government have to approve the mine through parallel permitting applications, though the federal government has signaled it intends to fast track approvals. Last year, federal officials added La Jara Mesa and other New Mexico uranium projects to a list of projects they hope to streamline permitting for.
Also, the Jara Mesa project is one of two long-pending uranium proposals that Cibola National Forest officials deemed “priority projects” early last year amid President Donald Trump’s push for domestic energy production.
In an interview last May, MMD program manager DJ Ennis told Source that the state has a “robust permitting process” that Laramide would have to navigate even if the federal government quickly issues its stamp of approval.
MMD officials, in a statement to Source on Thursday, confirmed that the division has deemed the plan “administratively complete,” which sets in motion a multi-agency review. Agencies involved include the New Mexico Environment Department, the State Engineer, the state Forestry Division and Historic Preservation Division.
The statement did not say how long such a review could take. Jantz estimated it could take a few months to a year or longer.
The state and federal Forest Service will also consult tribal governments, according to MMD, as part of the technical review.
The proposed site is near Mount Taylor, which is one of four mountains sacred to the Navajo people and other local pueblos. Tribes and pueblos in the early 2000s successfully convinced the state to designate the mountain and outlying areas a “traditional cultural property,” an effort to protect it from mining.
The Jara Mesa mine’s proximity to Mount Taylor is one reason anti-nuclear opponents have forcefully pushed back against the mine for more than a decade. They also cite the legacy of the uranium mining industry in New Mexico, which has left decades of radioactive and cancer-causing waste in its wake.
Jantz, who said he was still reading the plan Thursday, said he is keenly interested to see how the company intends to handle the “cultural integrity of the mountain,” as well as how it plans to transport any uranium for processing.
Jantz said the state regulations and the site’s cultural significance could prove important barriers in the way of the project, but the market could be the biggest one. Whether uranium prices rise high enough to make a new mine profitable is another major factor, he said, and the company will still need to determine how much uranium is available at its selected site.
“But it certainly signals that La Jara Mesa believes the market is going to support, at least the first phase of the project, which is confirming the resources,” he said.
Haaland unveils education policy plan, doubles down on universal pre-k - Danielle Prokop, Source New Mexico
Outdoor learning for K-12 kids, expanding trade pathways in middle schools, universal pre-k and bilingual education were top of the education platform announced Thursday by Democratic gubernatorial candidate Deb Haaland.
Haaland, a former U.S. congresswoman and U.S. The Secretary of the Interior made the announcement of her platform from a classroom in Albuquerque’s Highlands Highschool, the last of the 13 public schools she attended in childhood, due to constant moves by her military family.
“Every step in a child’s education should open doors for them, from pre-k to grade school to whatever they decide to do after. Our kids can’t do that alone though, they need stability at home and their educators should feel supported to do the jobs they need to do,” Haaland said.
When asked, Haaland said if elected, she would continue to support free universal child care, a policy announced by Gov. Michelle Lujan Grisham, who is term-limited from seeking office again.
Haaland acknowledged that lawmakers and the executive disagree on how to pay for the program but said if she’s sworn in: “I’ll be happy to see where it is and I’ll take it from there.”
Supporters included the New Mexico American Federated Teachers Union leadership, teachers, and the Democratic chairs of both education committees in the Legislature.
Picaris Pueblo Gov. Craig Quanchello praised the plan for “investing in Native schools and children to meet their unique needs,” in a speech endorsing Haaland.
“I’m honored to stand before an amazing person and support her. Education is strongest when it reflects who our children are and the communities that raise them,” he said.
Los Alamos County Ice Rink to host outdoor intercollegiate hockey tournament
—Mark Haslett, KUNM News
Outdoor intercollegiate ice hockey is coming to the Los Alamos County Ice Rink this weekend. The Nuclear Shootout Tournament returns to the venue, beginning this evening and continuing through Sunday. The University of New Mexico team is hosting the four-school competition, with this year’s guests being UCLA, SMU, and California State Northridge.
If you didn’t know that UNM has a hockey team, that’s probably because ice hockey isn’t an NCAA sport for the Lobos. But, UNM does have a team. They play in the American Collegiate Hockey Association, which is a circuit for colleges and universities that don’t play hockey at the NCAA level.
UNM will face off against UCLA this evening at 6:00. The Lobos play Cal State Northridge Saturday evening at 7:30 and then take the ice early Sunday morning for an 8:00 a.m. game against SMU. The forecast for Los Alamos this weekend is sunny, with highs in the 40s and lows in the 20s.
UNM plays most of its home games at the McDermott Athletic Center in Rio Rancho. The Lobos return to Rio Rancho later this month for a two-game set against the University of Wyoming Jan. 30-31.
More information about UNM hockey is online at the Lobo Hockey Facebook group, and at lobohockey.com.