New Mexico Attorney General Raúl Torrez Challenges U.S. Department of Justice Denial of Records Request in DEA Fentanyl Investigation

The records are central to the NMDOJ’s investigation into allegations that the DEA knowingly allowed significant quantities of fentanyl to remain on New Mexico streets during federal sting operations, potentially exposing communities to preventable harm.

Source: N.M. Department of Justice

Albuquerque, NM — Attorney General Raúl Torrez today announced that the New Mexico Department of Justice (NMDOJ) has challenged the U.S. Department of Justice’s denial of the NMDOJ’s request for records related to its investigation into the Drug Enforcement Administration’s (DEA) fentanyl operations in New Mexico.

The records are central to the NMDOJ’s investigation into allegations that the DEA knowingly allowed significant quantities of fentanyl to remain on New Mexico streets during federal sting operations, potentially exposing communities to preventable harm.

The NMDOJ’s renewed Touhy request follows a legally flawed denial of the state’s request for records by the federal government that relied on incorrect interpretations of its own regulations and even cited the wrong regulatory provisions in support of its decision.

“The federal government cannot hide behind procedural excuses when New Mexicans deserve answers,” said Attorney General Raúl Torrez. “Our investigation seeks to determine whether federal decisions allowed dangerous quantities of fentanyl to reach our communities and whether those decisions violated New Mexico law. Instead of engaging with the merits of our request, the U.S. Attorney’s Office issued a denial that misstates its own regulations and applies legal standards that simply do not exist.”

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The NMDOJ’s response explains that the U.S. Attorney’s Office wrongly denied New Mexico’s records request by imposing legal requirements that do not exist under the federal Touhy regulations. It also points out that the denial cited the wrong regulatory provisions, relying on rules that apply when the United States is a party to a case, even though that is not the circumstance here. The NMDOJ maintains that its original request was legally sufficient and has renewed its demand for records necessary to continue its investigation. The updated deadline for New Mexico to begin receiving these records, which are vital to its investigation, is August 17, 2026.

Click here for the U.S. Attorney’s Office’s denial letter and the NMDOJ’s response.