ACLU, Joined by State Legislators, Asks NM Supreme Court to Halt CYFD Directive Separating Newborns from Their Families

ALBUQUERQUE, N.M. — The American Civil Liberties Union (ACLU) of New Mexico, along with Rep. Micaela Cadena and Sen. Linda Lopez, filed an emergency petition late yesterday asking the New Mexico Supreme Court to immediately halt a Children, Youth and Families Department (CYFD) directive that is unlawful and flies in the face of medical best practices and state and federal goals for keeping families together.

The directive, issued July 7, 2025, by CYFD's Acting Chief General Counsel, orders CYFD to seek the immediate removal of newborns based on certain medical diagnoses or substance-exposure findings, without an individualized investigation into whether the child is unsafe, without meaningful consideration of family supports or medical context, and without the due process protections guaranteed by the New Mexico Constitution.

“We all want what is best for New Mexico’s children, and our laws aim to prioritize child well-being while also preserving family unity,” said Deanna Warren, staff attorney at the ACLU of New Mexico. “There will be times when parents are not in a position to provide the care their infants need, but a decision to remove a newborn from their mother should not be determined by a blanket policy. Instead, it should be made through an individualized assessment of the particular circumstances of each child. The right to due process of law requires that every family be treated as an individual family unit –– not treated as a category. New Mexico children deserve the chance to grow up with the people who love them and for decisions made about their wellbeing to be grounded in law, medicine, and their actual circumstances."

The directive causes the very harm it purports to prevent. Stigma and criminalization drive families away from care — parents may avoid prenatal appointments, travel out of state to give birth, or conceal their health history from providers, leaving both mother and child worse off.

"This directive contradicts what we know through research –– that non-punitive policy for substance use in pregnancy improves outcomes,” said Dr. Jocelyn Wu, a board certified OBGYN, addiction medicine specialist, and fellow with Physicians for Reproductive Health. “I served families in Albuquerque and the Espanola Valley as an OBGYN. I know how harmful family separation can be for recovering parents. It takes tremendous courage to come to see a provider and enter into conversations about plans of safe care during recovery, and even the fear and anxiety of separation can impact recovery. This directive incorrectly represents current regulations and will discourage pregnant people and parents from seeking care.”

Parents receiving legal medications like Methadone and Suboxone to treat opioid addiction can also be separated from their babies under the directive. Separating a mother from her children because she uses prescribed medications that are intended to assist with overcoming opioid addiction is inhumane and counterproductive.

As of March 2026, 167 infants in New Mexico have been impacted as a result of the directive.

"This immoral and unlawful directive turns our back on families that most need support,” said Rep. Micaela Lara Cadena. "This directive is causing state-sanctioned trauma, and we cannot allow it to stand."

The executive order violates state and federal laws aimed at providing treatment rather than punishment and keeping families together. It directly contradicts the Comprehensive Addiction and Recovery Act (CARA) program offering voluntary services and case management for families and newborns — without judgment or stigma — set to take effect this July 2026 and ignores federal and state requirements to make active efforts to prevent the breakup of Native American families.

“This directive is already causing extensive harm and trauma throughout the Nations, Tribes and Pueblos of New Mexico,” said Cynthia Chavers, LMSW, social worker and community advocate. “We must do everything possible to keep Indigenous families together when safe and possible, not separate newborns from their parents at the most critical time of their lives. Native children need their communities. This directive contradicts both the New Mexico Indian Family Protection Act and the federal Indian Child Welfare Act, legislation put in place after generations of Indigenous children were taken from their families and communities.”

"The people of New Mexico expect their government to follow the law and to put children first," said Sen. Linda Lopez. "Every day this directive remains in effect is a day another family is torn apart — and that is not justice."

The ACLU of New Mexico is asking the New Mexico Supreme Court to do what is best for New Mexico families: halt this directive immediately, provide due process rights to both parents and children, and return the state to a framework grounded in law, evidence, and the knowledge that compassionate, individualized care provides the best outcome for children, parents, and our communities.

The petition can be found below.