THURS: New Mexico judge dismisses a legal challenge to first-in-the-nation universal childcare program, + More
By KUNM News
June 11, 2026 at 5:53 AM MDT
A New Mexico judge on Thursday dismissed a lawsuit that challenged the state’s universal childcare program, allowing the ambitious and closely watched experiment to continue.
Attorneys for former Republican gubernatorial candidate Duke Rodriguez and other plaintiffs had questioned the process used by Democratic Gov. Michelle Lujan Grisham’s administration to eliminate an income cap and co-pays for childcare assistance before the Legislature had a chance to weigh in or approve funding.
Attorneys representing Lujan Grisham and the state’s childcare agency argued that lawmakers have since authorized and funded the program’s expansion, rendering the legal challenge moot.
District Judge Elaine Lujan agreed, tossing the lawsuit and allowing the state to continue footing the daycare bill for families regardless of income. She also found that Rodriguez and his co-plaintiffs lacked standing to bring the lawsuit.
Rodriquez's attorneys indicated they will appeal the judge's decision.
"Just because (Lujan Grisham) thinks she has a great idea doesn’t mean she gets to write the law and enforce the law,” plaintiffs attorney Jacob Candelaria said after Thursday’s hearing.
Thursday’s ruling prevented a financial headache for many childcare businesses and for families who have rebalanced household budgets around free childcare.
Lujan Grisham’s administration applauded the ruling.
“The lawsuit — nothing more than a cheap political stunt disguised as a constitutional claim — caused New Mexico’s working families undue worry about their access to the program,” said Michael Coleman, a spokesperson for the governor’s office. “With the judge’s ruling today, they can rest assured that universal child care is here to stay.”
The challenge came as New Mexico looks to cement its place as the first U.S. state to cover daycare bills for all families regardless of income, provided parents or legal guardians are working, in school or qualify for an exemption. The stakes extend nationwide as policymakers from New York to California look for models to reduce costs for families and expand public investment in childcare.
During the hearing, Candelaria told the judge that the governor's move to establish the program without the Legislature weighing in was "a fundamental perversion of the separation of powers” and that New Mexicans' constitutional interests needed to be protected.
Holly Agajanian, the governor's chief general counsel, suggested that the plaintiffs were asking the court to referee a policy disagreement on the merits of universal child care.
“We are not in a constitutional crisis,” Agajanian said.
Lujan Grisham signed legislation in February enshrining the program into law, provided state finances remain healthy.
New Mexico’s program, which is financed in large part with revenue from oil and gas production in the state, was among the nation's most generous before November’s expansion, waiving costs for families making up to 400% of the federal poverty rate or roughly $132,000 per year for a family of four.
Legislative analysts have raised questions about the sustainability of New Mexico's expanded program, noting earlier this year that the state’s Early Childhood Education and Care Department started overspending just weeks into the November launch.
This week, the state agency proposed new regulations aimed at shoring up the program’s sustainability. Potential guardrails include copayments for higher-income families in the event of a significant drop in oil prices or enrollment in free childcare surging beyond state projections.
New Mexico Livestock Board issues livestock emergency over screwworm - Danielle Prokop, Source New Mexico
New Mexico livestock officials on Tuesday issued an emergency declaration allowing for additional state and federal assistance to combat New World screwworm after the state’s first case was confirmed the day prior in a Lea County dog.
The resurgence of the parasitic pest in five cases in Texas and New Mexico follows its advance through Mexico after being mainly contained in Central America for several decades. Federal officials declared the fly eradicated from the U.S. for the past 60 years, and its return poses a threat to wildlife, livestock, pets and people.
The fly is named for the maggot’s behavior of burrowing into flesh and causing devastating wounds that can maim or even kill the host.
State and federal officials established an approximately 12-mile quarantine around the Eunice residence where the case in a dog was confirmed. Officials are continuing surveillance to determine if further New World screwworm flies are breeding, U.S. Department of Agriculture Secretary Brooke Rollins told members during a Senate Agriculture Committee hearing Tuesday.
U.S. Sen. Ben Ray Luján (D-NM) asked Rollins about the impacts of staffing cuts on the agency’s response to the spread, along with the federal official’s commitment to Texas and New Mexico.
Rollins responded that the agency has 120 staff dedicated to addressing the screwworm and said that mitigating its impact is “a nonpartisan issue. We’ve got to protect our livestock industry, our hunting industry, etc.”
State officials will hold an informational meeting at the Eunice Community Center at 6 p.m. Thursday, with officials from the state departments of agriculture, wildlife and health to answer questions and provide materials.
New Mexico Livestock Board Executive Director Belinda Garland told Source NM teams of investigators are going door-to-door to alert people to the signs of New World screwworm, but that for now, “not much has changed” as a result of the order.
“We’re trying to give a clear directive to our staff but to producers as well,” Garland said. “If a situation arises that we haven’t thought about, the declaration is a living document and we can change it, if needed.”
The order allows for the receipt of state or federal emergency funds, authorizes agricultural officials to investigate and perform insect control within affected areas.
The threat level remains low, Garland said, but the agency is personally reaching out to every rancher in Lea County.
“We’re kind of fortunate in the location that this incident occurred. There’s a lot of oilfields immediately around that area, so there’s not a lot of prevalent livestock there,” she said.
Garland said early warning is the best prevention, noting that there are treatments for the maggot if caught soon enough.
“Pay attention to your animals, pay attention to any wildlife that might be around your property, if they’re acting like they’re in distress,” She said. “Be aware, but there’s no need to panic.”
New Mexico officials launched a one-stop website in mid-May to track potential New World screwworm cases in the state, offer resources for identifying the fly and the best contacts if an infestation is spotted.
New Mexico reports fatal plague case in Santa Fe County
—Danielle Prokop, Source New Mexico
New Mexico’s first human plague case of the year has resulted in the death of a Santa Fe County woman in her 50s, health officials said Thursday.
“We extend our heartfelt condolences to the friends and family of the woman who passed away due to plague,” New Mexico Department of Health state public health veterinarian Erin Phipps said in a statement. “This tragedy emphasizes the need for heightened community awareness and for taking measures to prevent plague infections.”
The New Mexico Department of Health confirmed it is determining that no close contacts of the woman are exhibiting symptoms.
Plague is a bacterial disease carried by rodents and often transmitted through infected fleas biting animals — including pets — as well as humans. If the infection is in the lungs, humans can also transmit the disease through coughing.
The first warning symptoms of plague are a sudden, high fever, chills and often painful swellings in the groin, armpit or neck. In a short interview with Source NM, Phipps said antibiotic treatments can greatly reduce the fatality rate of the disease in pets and people, but requires prompt diagnosis.
“Plague is one of those illnesses that can become very severe, very quickly,” Phipps said. “So anybody who experiences sudden onset of a high fever, any shortness of breath, any weakness, those are all signs that medical attention should absolutely be sought.”
New Mexico consistently has some of the highest rates of plague in the U.S. and has accounted for more than half of infections nationwide since 1970, according to the Centers for Disease Control and Prevention. State health officials documented three human cases in 2025 and one in 2024 which was fatal.
Two dogs also have been diagnosed with plague this year in Santa Fe County — and a third in Bernalillo County — none of which had a direct relationship with the human case, Phipps said.
To reduce the chances of contracting plague, NMDOH recommends avoiding contact with sick or dead rodents and rabbits; cleaning up areas where they may be tempted to burrow; using insect repellent when outside and speaking with veterinarians about flea and tick prevention for pets.
“Most human cases of plague are transmitted via fleas, either directly from wild rodents or through their dogs or cats, so it’s something that can protect both people and their pets,” Phipps said.
U.S. Sen. Heinrich decries committee’s ‘backdoor’ vote to repeal ‘Roadless Rule’ in national forests
—Patrick Lohmann, Source New Mexico
A United States Senate committee on Wednesday voted along party lines to add a legislative repeal of the “Roadless Rule,” which protects roughly millions of acres of federal forestland from road construction and timber harvesting, to a previously bipartisan bill aimed at wildfire reduction.
U.S. Sen. Martin Heinrich (D-N.M.), ranking member of the U.S. Senate Energy and Natural Resources Committee, said that the “last-minute” amendment seeks to bypass the public’s opposition to the rule’s repeal.
“Americans deserve an open debate about the future of their public lands, not a backdoor effort to weaken protections that have benefited communities, sportsmen and wildlife for decades,” he said in an emailed statement to Source NM. “Make no mistake: This is just another attack on our public lands that shuts the public out of decisions about lands they own.”
Heinrich announced Wednesday that he and fellow committee member U.S. Sen. Ron Wyden (D-Oregon) would hold a news conference Thursday morning regarding the Republicans’ “latest effort to repeal the Roadless Rule.”
United States Department of Agriculture Secretary Brooke Rollins announced last June in Santa Fe that the agency intended to repeal the rule, which has been in place since 2001. She said repealing the protections would prevent wildfires — though some recent studies suggest otherwise — and would mean more “logs on trucks” as the Trump administration seeks to rekindle a nationwide logging industry in federal forests.
The rule currently protects 45 million acres of some of the most remote swathes — including 730,000 acres in the Gila National Forest in New Mexico — of federal forestland from development.
The agency does not need a law like the one Heinrich’s committee passed Wednesday to repeal the rule, though it is required to go through an administrative process, including accepting public comments and also evaluating alternatives. According to Heinrich’s office, 99% of thousands of comments the agency has received so far have opposed the rule’s rescission.
But the legislation, which now heads to the full U.S. Senate following the committee’s 11-9 vote, would cut out that public process, according to Heinrich spokesperson Luis Soriano, and would prevent the rule from being reinstated in the future, absent another legislative change.
Committee Chair U.S. Sen. Mike Lee (R-Utah) sponsored the amendment repealing the “Roadless Rule” to the Wildfire Prevention Act, which otherwise establishes annual goals for federal wildfire prevention efforts, including increasing the average number of treated acres by 40% from current levels by October 2028.
MDC employees pack BernCo Commission meeting demanding warden's removal - Matthew Reisen, Albuquerque Journal
The Bernalillo County Commission chambers were packed with more than 100 Metropolitan Detention Center officers Tuesday night. They came to the microphone one by one, many in union garb, and asked for the removal of Warden Kai Smith, who watched quietly from 20 feet away.
The union brought with them over 1,000 signatures of MDC employees, relatives of staff and county residents asking for a new leader. Those who spoke said Smith’s leadership led to declines in safety and staff morale compounded by fears of retaliation amid policy changes that “cut corners.”
While at least one officer couched their criticism, saying Smith had good intentions with bad execution, they still demanded change. Some speeches were met with clapping, and at least once Smith appeared to join in by patting his hand on the table in rhythm.
Family members of inmates and at least one former inmate told commissioners the warden had made positive changes for those behind bars at MDC, despite what the employees thought.
The strong showing came weeks after 14 members of MDC’s tactical team resigned and the correction officers’ union held a no-confidence vote on Smith. The resignations followed a string of assaults on officers, including two taken hostage by an inmate with a shank who then stabbed another inmate.
When asked Wednesday, County Manager Cindy Chavez said she had no plans to remove Smith. She said she had “a lot of confidence” in the warden and believed there was “absolutely” a way to get everyone on the same page.
“We have been striving to make MDC a safer, more transparent, more accountable place for a long time, and I don't think it's any one person's fault that the improvements still need to be made,” she said. “I think it's going to take all of us to play a role.”
Union President Joseph Trujeque said the staff would keep pushing for Smith’s removal, even if that meant going to every commission meeting.
“If somehow there's a 180-degree turn with the warden, and we can sit down and have conversations, that might be a possibility, but the members are pretty adamant that they want him gone,” Trujeque said.
He said they brought issues to Chavez over several meetings but nothing was done, adding “if she had taken some action sooner, we probably wouldn't be here.”
In a statement Wednesday, Smith said, “I want to acknowledge the dedication, professionalism, and vital role of the staff at the Metropolitan Detention Center.”
“As the leader of a complex organization, I have a responsibility to ensure that safety remains the highest priority in every decision I make,” according to the statement. “I am committed to continuously strengthening the training, procedures, and policies that support our officers and enhance their ability to perform their duties safely and effectively.”
‘At what cost?’
On Tuesday night the commissioners listened intently to the 27 speakers signed up for public comment, most of them officers.
In his 20 years at MDC, Donovan Greathouse said the facility has always faced challenges. He added, “I do not believe any leader sets out to fail and I do not believe Chief Kai wants MDC to fail.”
Greathouse went on to say that, nonetheless, the warden was failing in one area: leadership and communication. Officers “are not resistant to change,” he said.
“What we struggle with is change without explanation, direction without communication and decisions made without considering the concerns of the people who are responsible for carrying them out,” Greathouse said.
Mary Reyna, an officer training instructor, said Smith had built a top-heavy hierarchy that acts less like a leadership team and “more like a human wall” to protect him from responsibility. She said he had a reckless approach to staffing that led to recruits out of high school being provided few resources for the task at hand.
“Are we making it work, yes, but at what cost?” Reyna asked, adding that the facility didn’t have enough radios for every officer, which she called a “lifeline.”
Devon Harrier described, in visceral terms, what officers work through: pools of blood, inmates overdosing, foaming at the mouth, breaking their ribs doing CPR and feeling “the squish of their chest under our hands.”
She continued, “hearing them take their last breath, having to cut inmates down who have committed suicide… we don’t stop our work, we continue, day-in day-out.”
While far outnumbered, people who loved someone behind bars or had been locked up at MDC told a different story — Smith brought change to the facility that, while unappreciated by staff, treated inmates with humanity.
“I understand that the job of a correctional officer is difficult … but no challenge negates the fact that the people behind those walls are human beings,” said Kimberly Apodaca, whose son was jailed at MDC four years ago.
She said the facility had long lacked “human-centered leadership," and Smith brought “transparency and humanity that gives families like mine hope that progress is possible.”
“Things are not perfect today and no one is claiming they are but since Warden Kai Smith stepped into this role I have witnessed meaningful change,” Apodaca said.
Another woman said her son was jailed in 2021 “under conditions that no person should be subjected to,” lockdowns lasting up to 11 days with no access to basic hygiene or a choice between a call to family or taking a shower.
The woman said when her son was jailed in 2025, he reported significant improvements and fewer arbitrary lockdowns. She added jails “must operate under clear policies, lawful procedures and professional standards.”
Mark Regan, who was jailed at MDC in the last year, said the “real reason” for the no-confidence vote is because Smith had been making “true changes” in the treatment of inmates.
“He’s making them work the pods instead of sitting in a breakroom — eating burritos and not wanting to work — leaving people locked down for days,” he said.
Regan said most MDC inmates are awaiting trial, innocent until proven guilty, “yet treated like animals.”
“Not everyone is homeless or — as they consider — lower than low. Some people are incarcerated, and they have real lives and real families and made mistakes, and they are going to be back in the community,” he said.
Santa Fe County commissioner postpone vote on controversial housing plan – Santa Fe New Mexican
Widespread opposition prompted Santa Fe County commissioners to delay a decision Tuesday night on building a new housing development after an 8-hour public meeting.
The Santa Fe New Mexican reports the 158-lot residential project would be built just west of the La Tierra trails system. Residents who live in the Camino La Tierra area said at a packed hearing the density of the proposed Camino Verde subdivision would alter the character of their neighborhoods.
Commissioners voted unanimously to resume consideration of the conceptual plan proposal on June 30th. They said they want more information on traffic, residential density, and public safety.
As proposed, Camino Verde would have 18 affordable homes and half of the property would be preserved as natural open space with public trails. But some lots would be smaller than one acre. One resident from a nearby subdivision said Camino Verde threatens the area’s rural lifestyle. People also raised concerns about water use.
A local development management firm hired by the Chicago-based developer said Camino Verde would look different because of 2016 changes to the county’s Sustainable Land Development Code that call for more clustering in development, with more open space and less sprawl.
Socorro County approves data center moratorium amid opposition - Jessica Carranza Pino, El Defensor Chieftain via Albuquerque Journal
After more than two months of public opposition to the proposed Green Data Center project, the Socorro County Commission on Tuesday unanimously approved a one-year moratorium on data centers and related infrastructure.
Green Data, a Canadian company, had proposed a 10-gigawatt solar and data center project in Socorro, in collaboration with New Mexico Tech, on 10,000 acres west of M Mountain and north of U.S. 60.
According to Jason Bak, CEO of Green Data, the data center project would have generated 2 gigawatts of base-load power, with a goal of delivering 100 megawatts per month. The project included battery storage for a 24/7 operation and water-neutral design using atmospheric water generation.
The vote came a week after New Mexico Tech and Green Data announced a mutual pause on the project following public opposition at a town hall meeting. In a statement, NMT cited the complexity of the issues involved while leaving open the possibility of revisiting the project in the future.
Commissioners heard comments from 14 county residents who supported the moratorium and urged the county to protect water resources, ranch land and scientific assets such as the Very Large Array radio telescope facility.
Many speakers thanked commissioners for holding the hearing and listening to community concerns. The moratorium includes the formation of a Blue Ribbon Committee to study the issue.
The final speaker during public comment was Bak.
Bak said the company welcomed both the moratorium process and the creation of the Blue Ribbon Committee.
"We understand that some Socorro County residents are skeptical," Bak said. "That skepticism is being reflected by opposition to other projects across the country, but we're not other projects across the country."
Bak argued that the Green Data project differs from controversial data center developments elsewhere in the nation. He promised transparency and said the project could generate about $50 million annually in direct community benefits, create well-paying jobs and potentially attract suppliers to the region.
"We appreciate your attention to the project and your commitment to Socorro County, and the fact that you're having an open process like this that allows people to comment on it. Thank you," Bak said.
When commissioners unanimously approved the moratorium, the crowd of more than 80 attendees responded with applause.
After the vote, Bak said he supported the county's decision and was interested in participating in the Blue Ribbon Committee.
"We welcome the board's plan to create a panel of experts and policymakers to study the issue of developing these new technologies in a way that protects the environment and benefits the community," Bak said.
Asked whether Green Data could revisit a partnership with NMT or pursue the project independently, Bak said the company remains focused on participating in the public process and listening to community concerns.
"We're not going to make any decisions," Bak said. "We'll participate in the process and get a sense of what emerges from the moratorium."
Cecilia Rosacker, executive director of the Rio Grande Agricultural Land Trust and spokesperson for Inform Socorro, a grassroots organization born out of the data center proposal, said the moratorium was a big win for Socorro County.
“We want to ensure all energy development — renewable or not — is implemented in an environmentally conscious manner and the corporations are held accountable for the environmental impacts now and the future and their project proposals bring generous community benefits,” Rosacker said.
She said Inform Socorro intends to ask the city of Socorro to also adopt a data center moratorium that includes renewable energy development.
Raton postpones decision on data center moratorium - Joshua Bowling, Source New Mexico
Elected officials in Raton, a northern New Mexico town of about 6,000 near the Colorado state line, voted Tuesday to delay a decision on a data center moratorium after signing a memorandum of understanding with a data center developer earlier this year.
The Raton City Commission in February voted 3-1 to approve a memorandum of understanding with Colorado-based Atterix LLC, which proposed to transform an old K-Mart into a data center. The preliminary agreement said developers would spend six months conducting a feasibility study before reporting back to the commission.
Matthew Bruff, a Colorado lawyer who filed paperwork to incorporate Atterix in December, told city leaders at the time that Raton provided “unique geographical advantages” — including the option to use fresh mountain air rather than water to cool servers — for a data hub that could help address internet latency along Interstate 25 from Albuquerque to Wyoming.
“This is not a large-scale AI data center,” Bruff said at the February meeting. “This is an infrastructure hub that helps reduce the latency to make some of those larger facilities more productive.”
Some pushed back during the meeting’s public comment period and raised concerns about water and electricity usage.
“The Southwestern part of the U.S. is in the biggest megadrought that this area has seen in 1,200 years,” Raton resident Pat Walsh said at the February meeting, adding that she was concerned about any potential strain on the area’s water resources as “I don’t think these centers create many jobs.”
About two weeks after the MOU decision, residents launched an online petition calling on commissioners to oppose local data center proposals. It’s since grown to nearly 400 signatures.
On Tuesday, commissioners were scheduled to vote on a temporary moratorium on issuing business licenses or zoning approvals to data center projects. They ultimately decided to postpone the vote as city staff had not yet conducted a legal review of the proposed moratorium and how it might impact the existing MOU with Atterix.
“It appears we’re doing a bait-and-switch in bad faith,” Mayor Pro Tem Mark Honeyfield said during Tuesday’s meeting. “We haven’t heard anything from this company regarding this feasibility study, so we don’t know where that’s gone or if it’s gone anywhere. We’re exposing ourselves to some liability here.”
Sally Anne Hoger, another commissioner, said city leaders did not intend for a moratorium to keep data centers out of their community. It was a necessary pause, she said, so the city could adopt necessary regulations and safeguards before seriously entertaining proposals on these developments.
Further south that same evening, elected officials in Socorro County unanimously approved a yearlong data center moratorium after residents and U.S. Rep. Gabe Vasquez (D-N.M.) urged them to do so.
Green Data CEO Jason Bak for months has proposed a data center and massive solar array in the ranching community and has said he plans to generate the “vast majority” of the project’s water by utilizing technology that pulls moisture from the air.
Last week, New Mexico Tech, the local university that had been operating in partnership with Bak’s company, announced it was halting the deal for the time being, partly because the university did not own enough contiguous land to host the development.
Loyola’s property lists for sale, bringing impending end to iconic Albuquerque diner - Kylie Garcia, Albuquerque Journal
Albuquerque resident Tom Jaramillo has been eating at Loyola’s on Central Avenue for years.
He’s developed just one complaint: He wishes he could have it more often.
“They need to stay open more,” he said. “This restaurant is probably (in) the top 10 in Albuquerque.”
The classic diner, at 4500 Central SE, is also a frequent stop for regular William Kaiser.
“Several times a week — sometimes four days a week,” Kaiser said.
“He’s been coming in a long time,” said Sarah Cordova, the longtime owner of Loyola’s, as she patrolled the restaurant Tuesday.
“Not as long as you,” Kaiser said, prompting laughs from the two.
Cordova started the restaurant with her late mother, Loyola Baca, 36 years ago. Baca, who died in 2009, had run the business on Central Avenue for even longer, first launching it as a coffee shop at the De Anza Motor Lodge 43 years ago and expanding to the diner it is today in 1990.
But after decades cooking up New Mexican and American cuisine — including everything from a grilled cheese sandwich to huevos rancheros — and serving as a film site for hits like “Breaking Bad” and “Better Call Saul,” the restaurant property is up for sale.
Cordova, with the help of Alfredo Barrenechea of Absolute Investment Realty, listed the property for a little over $1 million in February, according to the Commercial Association of Realtors New Mexico website. No offers have yet been made.
Asked why she decided to list the property, Cordova said it was the reelection of Albuquerque Mayor Tim Keller.
“During the election, if Mayor Keller was going to win again, I told myself that I would sell because I knew — and I know — that he’s not going to change anything on Central,” Cordova said, referring to the large population of homeless people who frequent the area.
In a statement, a city spokesperson said Keller “understands the concerns raised by business owners and residents along Central and remains committed to improving safety, quality of life and economic vitality along the corridor.”
But Cordova, who is nearing retirement age, said the city’s efforts haven’t been enough. She said being assaulted by a homeless person while walking one of her customers to PAH! Hiland Plaza — an apartment complex for the deaf and blind about a minute away from the restaurant — last year, and Keller’s reelection, were ultimately what pushed her to sell.
“Some people might get pissed off, but it’s true,” Cordova said. “We’ve been through the drugs, prostitution — we’ve been through all that. We survived a lot.”
It is solely the property for sale and not the business, Cordova noted.
She did offer the business to two longtime employees she said she trusted to keep the restaurant’s legacy going. But those employees did not end up taking the offer, so Cordova said Loyola’s name and recipes will come to an end when the property sells. The diner will remain open, business as usual, until then.
“My mom worked too hard to keep her name and keep her legacy, and I don’t want somebody else to come in and destroy it,” Cordova said.
The property, which Cordova said is 75 years old, spans 3,861 square feet, comes with 29 parking spaces and sees more than 17,000 vehicles pass by per day, according to Absolute Investment Realty’s listing. The listing touts the availability as “a turnkey opportunity for an owner-operator or investor” looking to acquire “a beloved, well-established destination known by locals and visitors alike.”
Regulars eating lunch at the diner on Tuesday expressed sadness when told about the property’s listing, saying they hoped the historic property would go to someone who cares about the community as much as Cordova has.
“I hate to see it go,” said longtime customer Ed Tanuz. “It’s a place where we all hung out for many years.”
For Cordova, keeping customers happy and maintaining her mother’s legacy was the most rewarding part of the venture.
“Loyola’s has meant the world to me,” she said.
Attorneys for former Republican gubernatorial candidate Duke Rodriguez and other plaintiffs had questioned the process used by Democratic Gov. Michelle Lujan Grisham’s administration to eliminate an income cap and co-pays for childcare assistance before the Legislature had a chance to weigh in or approve funding.
Attorneys representing Lujan Grisham and the state’s childcare agency argued that lawmakers have since authorized and funded the program’s expansion, rendering the legal challenge moot.
District Judge Elaine Lujan agreed, tossing the lawsuit and allowing the state to continue footing the daycare bill for families regardless of income. She also found that Rodriguez and his co-plaintiffs lacked standing to bring the lawsuit.
Rodriquez's attorneys indicated they will appeal the judge's decision.
"Just because (Lujan Grisham) thinks she has a great idea doesn’t mean she gets to write the law and enforce the law,” plaintiffs attorney Jacob Candelaria said after Thursday’s hearing.
Thursday’s ruling prevented a financial headache for many childcare businesses and for families who have rebalanced household budgets around free childcare.
Lujan Grisham’s administration applauded the ruling.
“The lawsuit — nothing more than a cheap political stunt disguised as a constitutional claim — caused New Mexico’s working families undue worry about their access to the program,” said Michael Coleman, a spokesperson for the governor’s office. “With the judge’s ruling today, they can rest assured that universal child care is here to stay.”
The challenge came as New Mexico looks to cement its place as the first U.S. state to cover daycare bills for all families regardless of income, provided parents or legal guardians are working, in school or qualify for an exemption. The stakes extend nationwide as policymakers from New York to California look for models to reduce costs for families and expand public investment in childcare.
During the hearing, Candelaria told the judge that the governor's move to establish the program without the Legislature weighing in was "a fundamental perversion of the separation of powers” and that New Mexicans' constitutional interests needed to be protected.
Holly Agajanian, the governor's chief general counsel, suggested that the plaintiffs were asking the court to referee a policy disagreement on the merits of universal child care.
“We are not in a constitutional crisis,” Agajanian said.
Lujan Grisham signed legislation in February enshrining the program into law, provided state finances remain healthy.
New Mexico’s program, which is financed in large part with revenue from oil and gas production in the state, was among the nation's most generous before November’s expansion, waiving costs for families making up to 400% of the federal poverty rate or roughly $132,000 per year for a family of four.
Legislative analysts have raised questions about the sustainability of New Mexico's expanded program, noting earlier this year that the state’s Early Childhood Education and Care Department started overspending just weeks into the November launch.
This week, the state agency proposed new regulations aimed at shoring up the program’s sustainability. Potential guardrails include copayments for higher-income families in the event of a significant drop in oil prices or enrollment in free childcare surging beyond state projections.
New Mexico Livestock Board issues livestock emergency over screwworm - Danielle Prokop, Source New Mexico
New Mexico livestock officials on Tuesday issued an emergency declaration allowing for additional state and federal assistance to combat New World screwworm after the state’s first case was confirmed the day prior in a Lea County dog.
The resurgence of the parasitic pest in five cases in Texas and New Mexico follows its advance through Mexico after being mainly contained in Central America for several decades. Federal officials declared the fly eradicated from the U.S. for the past 60 years, and its return poses a threat to wildlife, livestock, pets and people.
The fly is named for the maggot’s behavior of burrowing into flesh and causing devastating wounds that can maim or even kill the host.
State and federal officials established an approximately 12-mile quarantine around the Eunice residence where the case in a dog was confirmed. Officials are continuing surveillance to determine if further New World screwworm flies are breeding, U.S. Department of Agriculture Secretary Brooke Rollins told members during a Senate Agriculture Committee hearing Tuesday.
U.S. Sen. Ben Ray Luján (D-NM) asked Rollins about the impacts of staffing cuts on the agency’s response to the spread, along with the federal official’s commitment to Texas and New Mexico.
Rollins responded that the agency has 120 staff dedicated to addressing the screwworm and said that mitigating its impact is “a nonpartisan issue. We’ve got to protect our livestock industry, our hunting industry, etc.”
State officials will hold an informational meeting at the Eunice Community Center at 6 p.m. Thursday, with officials from the state departments of agriculture, wildlife and health to answer questions and provide materials.
New Mexico Livestock Board Executive Director Belinda Garland told Source NM teams of investigators are going door-to-door to alert people to the signs of New World screwworm, but that for now, “not much has changed” as a result of the order.
“We’re trying to give a clear directive to our staff but to producers as well,” Garland said. “If a situation arises that we haven’t thought about, the declaration is a living document and we can change it, if needed.”
The order allows for the receipt of state or federal emergency funds, authorizes agricultural officials to investigate and perform insect control within affected areas.
The threat level remains low, Garland said, but the agency is personally reaching out to every rancher in Lea County.
“We’re kind of fortunate in the location that this incident occurred. There’s a lot of oilfields immediately around that area, so there’s not a lot of prevalent livestock there,” she said.
Garland said early warning is the best prevention, noting that there are treatments for the maggot if caught soon enough.
“Pay attention to your animals, pay attention to any wildlife that might be around your property, if they’re acting like they’re in distress,” She said. “Be aware, but there’s no need to panic.”
New Mexico officials launched a one-stop website in mid-May to track potential New World screwworm cases in the state, offer resources for identifying the fly and the best contacts if an infestation is spotted.
New Mexico reports fatal plague case in Santa Fe County
—Danielle Prokop, Source New Mexico
New Mexico’s first human plague case of the year has resulted in the death of a Santa Fe County woman in her 50s, health officials said Thursday.
“We extend our heartfelt condolences to the friends and family of the woman who passed away due to plague,” New Mexico Department of Health state public health veterinarian Erin Phipps said in a statement. “This tragedy emphasizes the need for heightened community awareness and for taking measures to prevent plague infections.”
The New Mexico Department of Health confirmed it is determining that no close contacts of the woman are exhibiting symptoms.
Plague is a bacterial disease carried by rodents and often transmitted through infected fleas biting animals — including pets — as well as humans. If the infection is in the lungs, humans can also transmit the disease through coughing.
The first warning symptoms of plague are a sudden, high fever, chills and often painful swellings in the groin, armpit or neck. In a short interview with Source NM, Phipps said antibiotic treatments can greatly reduce the fatality rate of the disease in pets and people, but requires prompt diagnosis.
“Plague is one of those illnesses that can become very severe, very quickly,” Phipps said. “So anybody who experiences sudden onset of a high fever, any shortness of breath, any weakness, those are all signs that medical attention should absolutely be sought.”
New Mexico consistently has some of the highest rates of plague in the U.S. and has accounted for more than half of infections nationwide since 1970, according to the Centers for Disease Control and Prevention. State health officials documented three human cases in 2025 and one in 2024 which was fatal.
Two dogs also have been diagnosed with plague this year in Santa Fe County — and a third in Bernalillo County — none of which had a direct relationship with the human case, Phipps said.
To reduce the chances of contracting plague, NMDOH recommends avoiding contact with sick or dead rodents and rabbits; cleaning up areas where they may be tempted to burrow; using insect repellent when outside and speaking with veterinarians about flea and tick prevention for pets.
“Most human cases of plague are transmitted via fleas, either directly from wild rodents or through their dogs or cats, so it’s something that can protect both people and their pets,” Phipps said.
U.S. Sen. Heinrich decries committee’s ‘backdoor’ vote to repeal ‘Roadless Rule’ in national forests
—Patrick Lohmann, Source New Mexico
A United States Senate committee on Wednesday voted along party lines to add a legislative repeal of the “Roadless Rule,” which protects roughly millions of acres of federal forestland from road construction and timber harvesting, to a previously bipartisan bill aimed at wildfire reduction.
U.S. Sen. Martin Heinrich (D-N.M.), ranking member of the U.S. Senate Energy and Natural Resources Committee, said that the “last-minute” amendment seeks to bypass the public’s opposition to the rule’s repeal.
“Americans deserve an open debate about the future of their public lands, not a backdoor effort to weaken protections that have benefited communities, sportsmen and wildlife for decades,” he said in an emailed statement to Source NM. “Make no mistake: This is just another attack on our public lands that shuts the public out of decisions about lands they own.”
Heinrich announced Wednesday that he and fellow committee member U.S. Sen. Ron Wyden (D-Oregon) would hold a news conference Thursday morning regarding the Republicans’ “latest effort to repeal the Roadless Rule.”
United States Department of Agriculture Secretary Brooke Rollins announced last June in Santa Fe that the agency intended to repeal the rule, which has been in place since 2001. She said repealing the protections would prevent wildfires — though some recent studies suggest otherwise — and would mean more “logs on trucks” as the Trump administration seeks to rekindle a nationwide logging industry in federal forests.
The rule currently protects 45 million acres of some of the most remote swathes — including 730,000 acres in the Gila National Forest in New Mexico — of federal forestland from development.
The agency does not need a law like the one Heinrich’s committee passed Wednesday to repeal the rule, though it is required to go through an administrative process, including accepting public comments and also evaluating alternatives. According to Heinrich’s office, 99% of thousands of comments the agency has received so far have opposed the rule’s rescission.
But the legislation, which now heads to the full U.S. Senate following the committee’s 11-9 vote, would cut out that public process, according to Heinrich spokesperson Luis Soriano, and would prevent the rule from being reinstated in the future, absent another legislative change.
Committee Chair U.S. Sen. Mike Lee (R-Utah) sponsored the amendment repealing the “Roadless Rule” to the Wildfire Prevention Act, which otherwise establishes annual goals for federal wildfire prevention efforts, including increasing the average number of treated acres by 40% from current levels by October 2028.
MDC employees pack BernCo Commission meeting demanding warden's removal - Matthew Reisen, Albuquerque Journal
The Bernalillo County Commission chambers were packed with more than 100 Metropolitan Detention Center officers Tuesday night. They came to the microphone one by one, many in union garb, and asked for the removal of Warden Kai Smith, who watched quietly from 20 feet away.
The union brought with them over 1,000 signatures of MDC employees, relatives of staff and county residents asking for a new leader. Those who spoke said Smith’s leadership led to declines in safety and staff morale compounded by fears of retaliation amid policy changes that “cut corners.”
While at least one officer couched their criticism, saying Smith had good intentions with bad execution, they still demanded change. Some speeches were met with clapping, and at least once Smith appeared to join in by patting his hand on the table in rhythm.
Family members of inmates and at least one former inmate told commissioners the warden had made positive changes for those behind bars at MDC, despite what the employees thought.
The strong showing came weeks after 14 members of MDC’s tactical team resigned and the correction officers’ union held a no-confidence vote on Smith. The resignations followed a string of assaults on officers, including two taken hostage by an inmate with a shank who then stabbed another inmate.
When asked Wednesday, County Manager Cindy Chavez said she had no plans to remove Smith. She said she had “a lot of confidence” in the warden and believed there was “absolutely” a way to get everyone on the same page.
“We have been striving to make MDC a safer, more transparent, more accountable place for a long time, and I don't think it's any one person's fault that the improvements still need to be made,” she said. “I think it's going to take all of us to play a role.”
Union President Joseph Trujeque said the staff would keep pushing for Smith’s removal, even if that meant going to every commission meeting.
“If somehow there's a 180-degree turn with the warden, and we can sit down and have conversations, that might be a possibility, but the members are pretty adamant that they want him gone,” Trujeque said.
He said they brought issues to Chavez over several meetings but nothing was done, adding “if she had taken some action sooner, we probably wouldn't be here.”
In a statement Wednesday, Smith said, “I want to acknowledge the dedication, professionalism, and vital role of the staff at the Metropolitan Detention Center.”
“As the leader of a complex organization, I have a responsibility to ensure that safety remains the highest priority in every decision I make,” according to the statement. “I am committed to continuously strengthening the training, procedures, and policies that support our officers and enhance their ability to perform their duties safely and effectively.”
‘At what cost?’
On Tuesday night the commissioners listened intently to the 27 speakers signed up for public comment, most of them officers.
In his 20 years at MDC, Donovan Greathouse said the facility has always faced challenges. He added, “I do not believe any leader sets out to fail and I do not believe Chief Kai wants MDC to fail.”
Greathouse went on to say that, nonetheless, the warden was failing in one area: leadership and communication. Officers “are not resistant to change,” he said.
“What we struggle with is change without explanation, direction without communication and decisions made without considering the concerns of the people who are responsible for carrying them out,” Greathouse said.
Mary Reyna, an officer training instructor, said Smith had built a top-heavy hierarchy that acts less like a leadership team and “more like a human wall” to protect him from responsibility. She said he had a reckless approach to staffing that led to recruits out of high school being provided few resources for the task at hand.
“Are we making it work, yes, but at what cost?” Reyna asked, adding that the facility didn’t have enough radios for every officer, which she called a “lifeline.”
Devon Harrier described, in visceral terms, what officers work through: pools of blood, inmates overdosing, foaming at the mouth, breaking their ribs doing CPR and feeling “the squish of their chest under our hands.”
She continued, “hearing them take their last breath, having to cut inmates down who have committed suicide… we don’t stop our work, we continue, day-in day-out.”
While far outnumbered, people who loved someone behind bars or had been locked up at MDC told a different story — Smith brought change to the facility that, while unappreciated by staff, treated inmates with humanity.
“I understand that the job of a correctional officer is difficult … but no challenge negates the fact that the people behind those walls are human beings,” said Kimberly Apodaca, whose son was jailed at MDC four years ago.
She said the facility had long lacked “human-centered leadership," and Smith brought “transparency and humanity that gives families like mine hope that progress is possible.”
“Things are not perfect today and no one is claiming they are but since Warden Kai Smith stepped into this role I have witnessed meaningful change,” Apodaca said.
Another woman said her son was jailed in 2021 “under conditions that no person should be subjected to,” lockdowns lasting up to 11 days with no access to basic hygiene or a choice between a call to family or taking a shower.
The woman said when her son was jailed in 2025, he reported significant improvements and fewer arbitrary lockdowns. She added jails “must operate under clear policies, lawful procedures and professional standards.”
Mark Regan, who was jailed at MDC in the last year, said the “real reason” for the no-confidence vote is because Smith had been making “true changes” in the treatment of inmates.
“He’s making them work the pods instead of sitting in a breakroom — eating burritos and not wanting to work — leaving people locked down for days,” he said.
Regan said most MDC inmates are awaiting trial, innocent until proven guilty, “yet treated like animals.”
“Not everyone is homeless or — as they consider — lower than low. Some people are incarcerated, and they have real lives and real families and made mistakes, and they are going to be back in the community,” he said.
Santa Fe County commissioner postpone vote on controversial housing plan – Santa Fe New Mexican
Widespread opposition prompted Santa Fe County commissioners to delay a decision Tuesday night on building a new housing development after an 8-hour public meeting.
The Santa Fe New Mexican reports the 158-lot residential project would be built just west of the La Tierra trails system. Residents who live in the Camino La Tierra area said at a packed hearing the density of the proposed Camino Verde subdivision would alter the character of their neighborhoods.
Commissioners voted unanimously to resume consideration of the conceptual plan proposal on June 30th. They said they want more information on traffic, residential density, and public safety.
As proposed, Camino Verde would have 18 affordable homes and half of the property would be preserved as natural open space with public trails. But some lots would be smaller than one acre. One resident from a nearby subdivision said Camino Verde threatens the area’s rural lifestyle. People also raised concerns about water use.
A local development management firm hired by the Chicago-based developer said Camino Verde would look different because of 2016 changes to the county’s Sustainable Land Development Code that call for more clustering in development, with more open space and less sprawl.
Socorro County approves data center moratorium amid opposition - Jessica Carranza Pino, El Defensor Chieftain via Albuquerque Journal
After more than two months of public opposition to the proposed Green Data Center project, the Socorro County Commission on Tuesday unanimously approved a one-year moratorium on data centers and related infrastructure.
Green Data, a Canadian company, had proposed a 10-gigawatt solar and data center project in Socorro, in collaboration with New Mexico Tech, on 10,000 acres west of M Mountain and north of U.S. 60.
According to Jason Bak, CEO of Green Data, the data center project would have generated 2 gigawatts of base-load power, with a goal of delivering 100 megawatts per month. The project included battery storage for a 24/7 operation and water-neutral design using atmospheric water generation.
The vote came a week after New Mexico Tech and Green Data announced a mutual pause on the project following public opposition at a town hall meeting. In a statement, NMT cited the complexity of the issues involved while leaving open the possibility of revisiting the project in the future.
Commissioners heard comments from 14 county residents who supported the moratorium and urged the county to protect water resources, ranch land and scientific assets such as the Very Large Array radio telescope facility.
Many speakers thanked commissioners for holding the hearing and listening to community concerns. The moratorium includes the formation of a Blue Ribbon Committee to study the issue.
The final speaker during public comment was Bak.
Bak said the company welcomed both the moratorium process and the creation of the Blue Ribbon Committee.
"We understand that some Socorro County residents are skeptical," Bak said. "That skepticism is being reflected by opposition to other projects across the country, but we're not other projects across the country."
Bak argued that the Green Data project differs from controversial data center developments elsewhere in the nation. He promised transparency and said the project could generate about $50 million annually in direct community benefits, create well-paying jobs and potentially attract suppliers to the region.
"We appreciate your attention to the project and your commitment to Socorro County, and the fact that you're having an open process like this that allows people to comment on it. Thank you," Bak said.
When commissioners unanimously approved the moratorium, the crowd of more than 80 attendees responded with applause.
After the vote, Bak said he supported the county's decision and was interested in participating in the Blue Ribbon Committee.
"We welcome the board's plan to create a panel of experts and policymakers to study the issue of developing these new technologies in a way that protects the environment and benefits the community," Bak said.
Asked whether Green Data could revisit a partnership with NMT or pursue the project independently, Bak said the company remains focused on participating in the public process and listening to community concerns.
"We're not going to make any decisions," Bak said. "We'll participate in the process and get a sense of what emerges from the moratorium."
Cecilia Rosacker, executive director of the Rio Grande Agricultural Land Trust and spokesperson for Inform Socorro, a grassroots organization born out of the data center proposal, said the moratorium was a big win for Socorro County.
“We want to ensure all energy development — renewable or not — is implemented in an environmentally conscious manner and the corporations are held accountable for the environmental impacts now and the future and their project proposals bring generous community benefits,” Rosacker said.
She said Inform Socorro intends to ask the city of Socorro to also adopt a data center moratorium that includes renewable energy development.
Raton postpones decision on data center moratorium - Joshua Bowling, Source New Mexico
Elected officials in Raton, a northern New Mexico town of about 6,000 near the Colorado state line, voted Tuesday to delay a decision on a data center moratorium after signing a memorandum of understanding with a data center developer earlier this year.
The Raton City Commission in February voted 3-1 to approve a memorandum of understanding with Colorado-based Atterix LLC, which proposed to transform an old K-Mart into a data center. The preliminary agreement said developers would spend six months conducting a feasibility study before reporting back to the commission.
Matthew Bruff, a Colorado lawyer who filed paperwork to incorporate Atterix in December, told city leaders at the time that Raton provided “unique geographical advantages” — including the option to use fresh mountain air rather than water to cool servers — for a data hub that could help address internet latency along Interstate 25 from Albuquerque to Wyoming.
“This is not a large-scale AI data center,” Bruff said at the February meeting. “This is an infrastructure hub that helps reduce the latency to make some of those larger facilities more productive.”
Some pushed back during the meeting’s public comment period and raised concerns about water and electricity usage.
“The Southwestern part of the U.S. is in the biggest megadrought that this area has seen in 1,200 years,” Raton resident Pat Walsh said at the February meeting, adding that she was concerned about any potential strain on the area’s water resources as “I don’t think these centers create many jobs.”
About two weeks after the MOU decision, residents launched an online petition calling on commissioners to oppose local data center proposals. It’s since grown to nearly 400 signatures.
On Tuesday, commissioners were scheduled to vote on a temporary moratorium on issuing business licenses or zoning approvals to data center projects. They ultimately decided to postpone the vote as city staff had not yet conducted a legal review of the proposed moratorium and how it might impact the existing MOU with Atterix.
“It appears we’re doing a bait-and-switch in bad faith,” Mayor Pro Tem Mark Honeyfield said during Tuesday’s meeting. “We haven’t heard anything from this company regarding this feasibility study, so we don’t know where that’s gone or if it’s gone anywhere. We’re exposing ourselves to some liability here.”
Sally Anne Hoger, another commissioner, said city leaders did not intend for a moratorium to keep data centers out of their community. It was a necessary pause, she said, so the city could adopt necessary regulations and safeguards before seriously entertaining proposals on these developments.
Further south that same evening, elected officials in Socorro County unanimously approved a yearlong data center moratorium after residents and U.S. Rep. Gabe Vasquez (D-N.M.) urged them to do so.
Green Data CEO Jason Bak for months has proposed a data center and massive solar array in the ranching community and has said he plans to generate the “vast majority” of the project’s water by utilizing technology that pulls moisture from the air.
Last week, New Mexico Tech, the local university that had been operating in partnership with Bak’s company, announced it was halting the deal for the time being, partly because the university did not own enough contiguous land to host the development.
Loyola’s property lists for sale, bringing impending end to iconic Albuquerque diner - Kylie Garcia, Albuquerque Journal
Albuquerque resident Tom Jaramillo has been eating at Loyola’s on Central Avenue for years.
He’s developed just one complaint: He wishes he could have it more often.
“They need to stay open more,” he said. “This restaurant is probably (in) the top 10 in Albuquerque.”
The classic diner, at 4500 Central SE, is also a frequent stop for regular William Kaiser.
“Several times a week — sometimes four days a week,” Kaiser said.
“He’s been coming in a long time,” said Sarah Cordova, the longtime owner of Loyola’s, as she patrolled the restaurant Tuesday.
“Not as long as you,” Kaiser said, prompting laughs from the two.
Cordova started the restaurant with her late mother, Loyola Baca, 36 years ago. Baca, who died in 2009, had run the business on Central Avenue for even longer, first launching it as a coffee shop at the De Anza Motor Lodge 43 years ago and expanding to the diner it is today in 1990.
But after decades cooking up New Mexican and American cuisine — including everything from a grilled cheese sandwich to huevos rancheros — and serving as a film site for hits like “Breaking Bad” and “Better Call Saul,” the restaurant property is up for sale.
Cordova, with the help of Alfredo Barrenechea of Absolute Investment Realty, listed the property for a little over $1 million in February, according to the Commercial Association of Realtors New Mexico website. No offers have yet been made.
Asked why she decided to list the property, Cordova said it was the reelection of Albuquerque Mayor Tim Keller.
“During the election, if Mayor Keller was going to win again, I told myself that I would sell because I knew — and I know — that he’s not going to change anything on Central,” Cordova said, referring to the large population of homeless people who frequent the area.
In a statement, a city spokesperson said Keller “understands the concerns raised by business owners and residents along Central and remains committed to improving safety, quality of life and economic vitality along the corridor.”
But Cordova, who is nearing retirement age, said the city’s efforts haven’t been enough. She said being assaulted by a homeless person while walking one of her customers to PAH! Hiland Plaza — an apartment complex for the deaf and blind about a minute away from the restaurant — last year, and Keller’s reelection, were ultimately what pushed her to sell.
“Some people might get pissed off, but it’s true,” Cordova said. “We’ve been through the drugs, prostitution — we’ve been through all that. We survived a lot.”
It is solely the property for sale and not the business, Cordova noted.
She did offer the business to two longtime employees she said she trusted to keep the restaurant’s legacy going. But those employees did not end up taking the offer, so Cordova said Loyola’s name and recipes will come to an end when the property sells. The diner will remain open, business as usual, until then.
“My mom worked too hard to keep her name and keep her legacy, and I don’t want somebody else to come in and destroy it,” Cordova said.
The property, which Cordova said is 75 years old, spans 3,861 square feet, comes with 29 parking spaces and sees more than 17,000 vehicles pass by per day, according to Absolute Investment Realty’s listing. The listing touts the availability as “a turnkey opportunity for an owner-operator or investor” looking to acquire “a beloved, well-established destination known by locals and visitors alike.”
Regulars eating lunch at the diner on Tuesday expressed sadness when told about the property’s listing, saying they hoped the historic property would go to someone who cares about the community as much as Cordova has.
“I hate to see it go,” said longtime customer Ed Tanuz. “It’s a place where we all hung out for many years.”
For Cordova, keeping customers happy and maintaining her mother’s legacy was the most rewarding part of the venture.
“Loyola’s has meant the world to me,” she said.