Santa Fe, New Mexico — New Mexico’s Children, Youth and Families Department told a state court that ordering it to bring back a 15-year-old it drove to the Mexican border and told to walk across alone would be “absurd and impossible,” Searchlight New Mexico reported Sept. 6. The state attorney general sued the agency in July, alleging it abandoned a child in its custody.
What the lawsuit alleges
Attorney General Raúl Torrez filed a civil complaint against CYFD on July 28 in the First Judicial District Court in Santa Fe after a referral from the state’s Office of the Child Advocate, according to the New Mexico Department of Justice. The child advocate’s office found probable constitutional violations and reckless disregard for the teen’s health and safety, the department said.
According to the complaint, CYFD took custody of the U.S.-citizen teen after finding he had been abused or neglected and obtained a court custody order. Weeks later, the agency voluntarily dismissed the case, drove him to the Bridge of the Americas in El Paso and told him to walk into Mexico alone to reunite with his mother. The lawsuit says she had allegedly abused or neglected him before, had been largely absent for nearly a decade and had recently been deported after a drug-related conviction.
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The complaint alleges CYFD released him without arranging medical care, schooling or a safe placement, asked federal authorities to deny his re-entry when he tried to come back, and refused to resume custody after Texas authorities took him in. He spent several days in a Texas youth homeless shelter before being escorted into Mexico, according to the lawsuit. These are allegations that have not been decided by a court.
The State of New Mexico cannot claim to protect children while abandoning one of its own at an international border.
Raúl Torrez, New Mexico attorney general, NMDOJ press release
CYFD’s response in court
In a reply filed in late August, CYFD argued the court lacks jurisdiction to order a foreign government to return the boy and that reunifying him with his mother was proper under state law, Searchlight reported. The agency said the request would disrupt a family with “no allegation or finding of abuse or neglect,” even though CYFD has acknowledged substantiating a 2019 abuse or neglect allegation against the mother, according to Searchlight.
CYFD says the boy is living with his mother in Mexico and that she reported in August that he and his siblings were safe. The attorney general’s lawsuit says he tried to run away at least once after the reunion and was returned by Mexican authorities. When the suit was filed, CYFD spokesman Jake Thompson told Source New Mexico the agency was “reviewing the complaint and the order and will respond to them in court.”
Why this case matters beyond one child
The same agency that can remove a child in an emergency also decided, without a court hearing on his safety, to send that child to another country and then tried to keep him out. Parents in New Mexico are told the state acts in the best interests of children. This case shows how much unchecked discretion an agency holds once a child is in its custody, and how hard it is for anyone, even the attorney general, to make it answer for that power. The suit also accuses CYFD of repeatedly obstructing the child advocate’s oversight. FAN’s guide to parents’ rights in CPS cases explains the due process children and families are owed.
What’s next
As of Searchlight’s report, the judge had not ruled on the attorney general’s request for a temporary restraining order, which would require a best-interests review, court approval before CYFD removes any child in its custody from the country, and full cooperation with the child advocate. No hearing date was reported.
Key facts
- AG Raúl Torrez sued CYFD on July 28, 2026, in First Judicial District Court in Santa Fe.
- The suit alleges CYFD dropped a 15-year-old’s abuse case and told him to walk alone into Mexico at El Paso’s Bridge of the Americas.
- His mother had recently been deported after a drug-related conviction, the suit says.
- CYFD allegedly asked federal authorities to bar his re-entry and refused to resume custody.
- The Office of the Child Advocate found probable constitutional violations.
- CYFD called a court order to return him “absurd and impossible.”
- No ruling on the temporary restraining order had been reported as of early September.
Sources
- Searchlight New Mexico — CYFD sent a 15-year-old to Mexico. Why the teen may not come back. (2026-09-06)
- New Mexico Department of Justice — Attorney General Raúl Torrez Files Lawsuit Against CYFD Following Alleged Unlawful Removal of New Mexico Teen to Mexico (2026-07-28)
- Source New Mexico — New Mexico AG sues CYFD over reports that staff instructed foster teen to cross Mexican border (2026-07-28)
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