# New Mexico child welfare border case

> Live situation record from CLSTR: https://clstr.news/situations/new-mexico-child-welfare-border-case
> Updated: 2026-07-30T19:25:00.000Z. Sources: 22. Developments: 2.

Attorney General Raúl Torrez’s civil lawsuit alleges that New Mexico Children, Youth and Families Department staff drove a 15‑year‑old U.S. citizen to the El Paso bridge on July 6, 2024, left him to walk across alone, and then abandoned him at the border after he tried to return. The teen was placed under Texas protective services and later reunited with his mother in Mexico. The complaint notes that the mother, a Mexican national, had been arrested on drug‑related charges and deported earlier in the year, prompting the cross‑border reunion. Torrez seeks a declaration that CYFD violated state law and the teen’s constitutional rights, a temporary restraining order to block future out‑of‑country reunifications without judicial approval, the child’s immediate return to New Mexico, a proper best‑interest assessment, and an injunction against international transfers without court authorization. He also alleges that U.S. Customs and Border Protection urged CYFD to drive the child back, but staff refused, calling the incident a “Texas problem.” CYFD argues it acted in the child’s best interests, citing virtual home visits, safety concerns for the mother, and claimed court approval. The case underscores alleged systemic neglect in New Mexico’s foster‑care system and has drawn criticism from federal officials.

## Claims

- Jessica Treviño, a 34‑year‑old Texas mother, was deported to Mexico on March 25 2026. (corroborated by 14 sources)
- Treviño held a valid DACA status and work permit authorized until April 2027 at the time of deportation. (corroborated by 14 sources)
- USCIS issued a notice of intent to terminate Treviño’s DACA status for “unauthorized travel” on the same day she was deported. (corroborated by 14 sources)
- Treviño has three U.S. citizen children, ages 13, 14 and 16, who remain in the United States with relatives. (corroborated by 14 sources)
- An immigration judge issued a voluntary departure order for Treviño in February 2026 while she was in ICE custody. (corroborated by 14 sources)
- Attorney David Rozas filed a federal lawsuit in Brownsville seeking a court declaration that the deportation was unlawful and restoration of Treviño’s DACA status. (corroborated by 14 sources)
- The Department of Homeland Security claimed the deportation was justified because Treviño’s husband was in the country without permission, but Treviño says she did not consent to removal. (corroborated by 14 sources)
- The lawsuit seeks a court order requiring the government to facilitate Treviño’s return to the United States. (corroborated by 14 sources)
- Attorney General Raúl Torrez filed a civil lawsuit against New Mexico Children, Youth and Families Department. (corroborated by 6 sources)
- The lawsuit alleges CYFD staff drove a 15‑year‑old American citizen to El Paso, Texas on July 6 and forced him to cross the US‑Mexico border alone to find his mother. (corroborated by 6 sources)
- The teen’s mother is a Mexican national who was arrested on drug‑related charges and deported earlier that year. (corroborated by 6 sources)
- Torrez is seeking a temporary restraining order to block future out‑of‑country child reunifications without court approval. (corroborated by 6 sources)
- U.S. Customs and Border Protection urged CYFD to return the child to New Mexico, but staff refused, calling the situation a “Texas problem.” (corroborated by 6 sources)
- After the incident, the teen was placed with the Texas Department of Family and Protective Services. (corroborated by 6 sources)
- Texas officials later returned the child to his mother in Mexico weeks after the border incident. (corroborated by 6 sources)
- Torrez says the case reflects a broader pattern of neglect within New Mexico’s foster care system. (corroborated by 6 sources)
- Attorney General Raúl Torrez filed a civil lawsuit against New Mexico's Children, Youth and Families Department. (corroborated by 6 sources)
- The lawsuit alleges staff drove a 15‑year‑old American citizen to El Paso, Texas on July 6. (corroborated by 6 sources)
- CYFD staff forced the teenager to cross the US‑Mexico border alone to locate his mother. (corroborated by 6 sources)
- The teen’s mother is a Mexican national who was previously arrested on drug‑related charges and deported. (corroborated by 6 sources)
- Torrez seeks a temporary restraining order to block future out‑of‑country reunifications without court approval. (corroborated by 6 sources)
- U.S. Customs and Border Protection urged CYFD to drive the child back to New Mexico, but staff refused and called the case a “Texas problem.” (corroborated by 6 sources)
- After the incident, the teen was left with the Texas Department of Family and Protective Services and later returned to his mother in Mexico. (corroborated by 6 sources)
- A 15‑year‑old American citizen was taken to a Texas border crossing and forced to walk into Mexico by New Mexico foster‑care staff. (corroborated by 6 sources)
- The teen’s mother is a Mexican national who was arrested on drug‑related charges and deported earlier in the year. (corroborated by 6 sources)
- Attorney General Raúl Torrez filed a civil lawsuit against the New Mexico Children, Youth and Families Department on July 28. (corroborated by 6 sources)
- The lawsuit seeks a temporary restraining order to block future out‑of‑country reunifications without court approval. (corroborated by 6 sources)
- U.S. Customs and Border Protection urged the child‑welfare agency to drive the child back to New Mexico. (corroborated by 6 sources)
- CYFD staff allegedly refused and called the child a “Texas problem.” (corroborated by 6 sources)
- After the incident the teen was left with Texas Department of Family and Protective Services and later returned to his mother in Mexico weeks later. (corroborated by 6 sources)
- Torrez said the case reflects a broader pattern of neglect within New Mexico’s foster‑care system. (corroborated by 6 sources)
- Treviño held a valid DACA status and work permit authorized through April 2027 at the time of her deportation. (corroborated by 6 sources)
- USCIS issued a notice of intent to terminate Treviño’s DACA status for “unauthorized travel” on the day she was deported. (corroborated by 6 sources)
- An immigration judge had ordered Treviño’s voluntary departure in February 2026 while she was in ICE custody. (corroborated by 6 sources)
- Treviño filed a federal lawsuit in Brownsville seeking her return and the restoration of her DACA status. (corroborated by 6 sources)
- Attorney David Rozas represents Treviño and said the government had no lawful basis for her removal. (corroborated by 6 sources)
- Treviño has three U.S. citizen children, ages 13, 14 and 16, living with relatives in the United States. (corroborated by 6 sources)
- U.S. Customs and Border Protection and DHS deported Treviño despite DACA protections that forbid removal of DACA recipients. (corroborated by 6 sources)

## Timeline

### 2026-07-30: Jessica Treviño sues U.S. over deportation and DACA termination

Texas DACA mother Jessica Treviño, deported to Mexico on March 25 2026, faces a lawsuit to overturn the removal and restore her DACA status after USCIS cited “unauthorized travel.”

18 sources. https://clstr.news/cluster/new-mexico-attorney-general-ral-torrez-sues-state-over-teen-forced-across-border

### 2026-07-28: New Mexico AG sues child agency over teen sent to Mexico

New Mexico AG Raúl Torrez sued the state child‑welfare agency, alleging it illegally sent a 15‑year‑old U.S. citizen across the border to Mexico and demanding his return and reforms.

4 sources. https://clstr.news/cluster/new-mexico-ag-sues-child-agency-over-teen-sent-to-mexico

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Cite as: New Mexico child welfare border case. CLSTR, https://clstr.news/situations/new-mexico-child-welfare-border-case
