Why New Mexico’s Universal Child Care Program Is in Court — and How It Could Help Families Save Thousands

A legal battle over New Mexico’s new universal child care program is raising questions for parents, News From The States reports. A district judge ordered state officials to respond in court or pause the program, but the program remains in effect for now.

Gov. Michelle Lujan Grisham announced the Universal Child Care Program in September 2025. She says it could save households about $12,000 per child a year. “Child care is essential to family stability, workforce participation, and New Mexico’s future prosperity,” Lujan Grisham said.

The case centers less on child care itself than on how the program was launched. Republican gubernatorial candidate Duke Rodriguez, who co-filed the lawsuit, argues the administration implemented the program without proper legislative authority. He cited an earlier New Mexico Supreme Court precedent from his own time as Human Services Department secretary in the Johnson administration, when he was accused of implementing a program without legislative approval. Rodriguez called the judge’s order a victory, while Lujan Grisham’s office called it routine.

State officials say the judge did not suspend the program and families should expect services to continue while the case moves forward. The administration also says Senate Bill 241, which the governor signed into law this year, strengthens the program’s legal basis by establishing funding and rules for future co-pays during economic downturns. Rodriguez argues the law was passed after implementation and does not settle the legal problems.

Editor’s note: Updated Oct. 31, 2026. This story is now part of Daily Reports, our New Mexico news roundup, and was revised to credit News From The States’s original reporting. Learn how Daily Reports works in our editorial standards.