State Officials Say Child Care Assistance Program Continues Amid Legal Challenge

On April 16, 2026, a request was filed with the 2nd Judicial District Court seeking to immediately halt the program until Senate Bill 241, the Child Care Assistance Program act is set to go into effect on May 20, 2026. 

By Levi Gwaltney
Source: N.M. Early Childhood Education and Care Department

New Mexico officials say the state’s child care assistance program remains in effect following a recent legal challenge, with no interruption to services currently in place.

According to the New Mexico Early Childhood Education and Care Department (ECECD), a request filed April 16 in the 2nd Judicial District Court sought to immediately halt the program until new legislation takes effect later this spring.

The court declined that request.

Instead, the court issued an alternative writ, a procedural step that allows the state to respond before any further action is considered. A hearing is scheduled for June 11, 2026.

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Program Remains Active

ECECD stated that the court’s action does not pause or suspend the state’s child care assistance program, which continues to serve families across New Mexico.

The department also pointed to the passage of Senate Bill 241, which is set to take effect May 20 and provides statutory authorization for the program moving forward.

“The child care assistance program serving New Mexico families continues,” the department said in a statement, adding that it is prepared to defend the program in court.

Governor Addresses Public Confusion

Michelle Lujan Grisham also addressed the issue in a public statement, emphasizing that the court did not order the program to end and that the legal process is ongoing.

The governor said the court’s action allows the state an opportunity to respond before any decision is made, which she described as standard legal procedure.

Next Steps

The case is expected to proceed through the court process, with the June hearing providing the next opportunity for legal arguments to be presented.

Until then, officials say families can continue to rely on the program without disruption.