Complaint seeks court order requiring CYFD to return child safely to New Mexico and reform unlawful practices.
Source: N.M. Department of Justice
Santa Fe, NM – Attorney General Raúl Torrez today announced that the New Mexico Department of Justice has filed a civil lawsuit against the New Mexico Children, Youth and Families Department (CYFD), alleging that the agency violated state law and the constitutional rights of a 15-year-old U.S. citizen by abandoning him at the U.S.-Mexico border and effectively forcing him into Mexico without adequate legal process or protections.
The lawsuit, filed in the First Judicial District Court, follows a formal referral from the Office of the Child Advocate, which found probable violations of the child’s constitutional rights, reckless disregard for his health and safety, and a pattern of conduct by CYFD that warrants judicial intervention.
“The State of New Mexico cannot claim to protect children while abandoning one of its own at an international border,” said Attorney General Raúl Torrez. “This case is about more than one child. It is about whether the agency entrusted with protecting our most vulnerable children is following the law, honoring constitutional rights, and putting the safety of children above bureaucratic expediency. When government fails so completely in its most fundamental responsibility, we have both the authority and the obligation to act.”
According to the complaint, CYFD took custody of the child after determining he was abused or neglected and successfully petitioned a court for custody. Weeks later, however, the Department voluntarily dismissed the abuse and neglect case and transported the child to the Bridge of the Americas in El Paso, where he was instructed to walk alone across the international border into Mexico to reunite with his biological mother, despite allegations that she had previously abused or neglected him, had been largely absent from his life for nearly a decade, and had recently been deported following a drug-related conviction.
The complaint further alleges that when the child attempted to return to the United States, CYFD asked federal authorities to deny him entry, then refused to retrieve him after he was taken into the care of Texas authorities. Ultimately, Texas child welfare officials transported the child to Mexico after CYFD declined to resume custody.
The lawsuit alleges that CYFD:
- Violated the New Mexico Children’s Code and the child’s constitutional due process rights;
- Failed to adequately investigate the child’s circumstances before dismissing abuse and neglect proceedings;
- Released the child without ensuring continuity of medical care, educational services, or a safe placement;
- Failed to coordinate with appropriate authorities before directing the child to cross into Mexico;
- Abandoned the child after he returned to the United States; and
- Repeatedly obstructed the lawful oversight functions of the Office of the Child Advocate.
The NMDOJ is asking the court to declare CYFD’s actions unlawful and order immediate reforms. The lawsuit also seeks an injunction requiring CYFD to facilitate the child’s prompt and safe return to New Mexico, cease practices that violate children’s constitutional rights, and comply with its statutory obligations to cooperate with oversight by the Office of the Child Advocate.
“This lawsuit is not about second-guessing difficult child welfare decisions,” Torrez added. “It is about enforcing the law when the very agency charged with protecting children allegedly ignores court processes, disregards a child’s safety, and strips away the legal protections every New Mexican child is entitled to receive.”
The Attorney General filed the action pursuant to authority granted under the Office of the Child Advocate Act, which authorizes the NMDOJ to seek declaratory and injunctive relief when the Child Advocate finds probable constitutional violations, reckless disregard for a child’s health or safety, or patterns of unlawful conduct by CYFD.
In addition to the complaint, the Attorney General has filed a motion for a Temporary Restraining Order asking the court to take immediate action to protect the child and prevent similar conduct in the future. Specifically, the motion asks the court to order CYFD to facilitate the child’s prompt and safe return to New Mexico, require the agency to conduct a legally sufficient assessment of the child’s best interests and any future placement, prohibit CYFD from removing children in its custody from the United States without prior court authorization and due process, and require the agency to fully cooperate with the Office of the Child Advocate in carrying out its statutory oversight responsibilities. The State argues that immediate judicial intervention is necessary to prevent ongoing and irreparable harm to the child and to safeguard the constitutional and statutory rights of other children in CYFD’s care.
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