New Mexico Attorney General Sues to Bring Back Teen Allegedly Forced Across U.S.-Mexico Border by Foster Care Staff

The New Mexico Attorney General has filed a lawsuit seeking the return of a 15-year-old U.S. citizen who was allegedly forced by state foster care workers to cross the U.S.-Mexico border alone in an attempt to reunite with his deported mother.

Attorney General Raúl Torrez filed the civil action against the New Mexico Children, Youth and Families Department (CYFD), accusing the agency of abandoning its duty to protect a vulnerable child and asking a state judge to order the department to help return the teenager to the United States. The lawsuit also seeks a temporary restraining order to prevent the agency from removing children from the U.S. without prior court approval.

According to the complaint, CYFD staff drove the teenager to El Paso, Texas, on July 6 and instructed him to walk alone across an international bridge into Mexico to reunite with his mother, who had previously been deported following drug-related charges.

The lawsuit alleges the boy, who had not seen his mother for years, was unable to locate her after crossing the border. He reportedly panicked, ran back toward the United States through multiple lanes of traffic and re-entered the country.

The Attorney General’s office further claims that after U.S. border officials urged New Mexico child welfare workers to take the teenager back into their custody, agency staff refused, allegedly saying he had become “Texas’ problem” before leaving the area. The teen was subsequently taken into the care of Texas child welfare authorities.

Torrez condemned the agency’s actions, arguing that the state failed in its legal and moral responsibility to protect a child under its care.

He said the teenager remains in Mexico with his mother after Texas authorities eventually facilitated the reunification and is now seeking a court order compelling CYFD to make every reasonable effort to bring the child back to New Mexico.

“The State of New Mexico cannot claim to protect children while abandoning one of its own at an international border,” Torrez said in announcing the lawsuit.

The Children, Youth and Families Department has strongly disputed the Attorney General’s claims.

Agency officials said the boy was never placed in danger and insisted the reunification with his mother was conducted at her request after virtual home assessments determined it was safe. CYFD also noted that state law does not prohibit reunifying children with parents living in another country when appropriate safeguards are in place.

A spokesperson said the department is reviewing the lawsuit and will respond through the courts.

The lawsuit also alleges the teenager suffers from a heart condition requiring daily medication and claims CYFD failed to ensure continuity of his medical treatment after sending him to Mexico.

Investigators further allege the department did not conduct an adequate assessment of the mother’s circumstances before arranging the cross-border reunification.

The case has intensified scrutiny of New Mexico’s child welfare system, which has faced criticism in recent months.

Earlier this year, the New Mexico Department of Justice released a report alleging systemic failures within CYFD, including cases where children were returned to unsafe environments and concerns over the agency’s handling of vulnerable youths.

Torrez argues the latest case reflects broader institutional problems that require judicial intervention and stronger oversight.

The lawsuit seeks both the teenager’s return and broader policy changes that would prohibit New Mexico’s child welfare agency from arranging international reunifications without judicial approval.

The case is expected to test the legal boundaries of state child welfare authority, particularly in situations involving deported parents, international custody arrangements and the protection of American citizen children caught between immigration enforcement and foster care responsibilities.