New Mexico Attorney General Raúl Torrez has filed a federal lawsuit to force the U.S. Department of Education to release billions in withheld education funding.
Nearly $45 million of that total is designated for New Mexico schools.
The funding supports programs for English learners, migrant students, afterschool care, and teacher training.
But a freeze on those funds is already causing major disruptions as districts prepare for the new school year.
Education leaders from across the state gathered in Santa Fe this week to describe how the delay is affecting their schools.
AG Torrez described how the federal funding pause will affect families in the state, with the start of the school year a few weeks away.
"Imagine what happens when you have nearly 10,000 kids at 127 centers across the state of New Mexico. Instantly their parents are thrown into this state of anxiety and they're trying to figure out what to do with their families," Torrez said.
"That is what happens when someone in D.C. looks at a line item like something like this and decides, well, this is a place that we can just make a cut. It is, I think, completely irresponsible to engage in policymaking in that way."
Raton Superintendent Kristie Medina said rural districts may have to cancel essential programs if the money doesn’t arrive soon.
Santa Fe school officials also raised concerns.
Bill Rodriguez, who oversees the district’s 21st Century Learning Centers, said fall programming is already behind schedule.
Peter McWain, in charge of curriculum and instruction, warned that staffing and academic planning are at risk.
According to a declaration filed by Education Secretary Mariana Padilla, more than $44 million in federal support is in jeopardy for the 2025–2026 school year.
That includes over $18 million for teacher development, nearly $10 million for afterschool programs, and close to $6 million for English learner support.
State officials argue these funds are not optional—they’re required under the federal Every Student Succeeds Act and are supposed to be delivered annually by July 1.
Torrez said New Mexico joined a coalition of 22 states to file the action, all of them led by democratic attorneys general.
"This is not a partisan issue. This is about kids who will not have access in the matter of weeks to educational support and resources that can make the difference in their lives. When we undertake an action like this, I want people to know that we do it on behalf of all new Mexicans, Torrez said."
The lawsuit, filed in Rhode Island, claims the Department of Education and the Office of Management and Budget lack the legal authority to delay or withhold the funding.