New Mexico Governor Michelle Lujan Grisham issued a directive in July 2025 requiring the state's child welfare department to seek custody of all newborns exposed to drugs and alcohol in utero. The directive prompted a legal challenge from the American Civil Liberties Union (ACLU) and nine tribes.

The ACLU filed an emergency petition with New Mexico's Supreme Court regarding the directive. The court declined to pause the governor's mandate in early June but will allow arguments on the case to proceed. The federal Indian Child Welfare Act requires states to make efforts to keep Native children in Native communities.

As of last month, 137 newborns had been taken into state custody under the governor's directive. At least 25 Native children have been flagged by child welfare since the directive went into effect. Tribes took jurisdiction in 10 of these cases involving Native children.

"The directive erodes important procedural safeguards for Indian families," the ACLU said in its filing.

Navajo Nation President Buu Nygren said, "While the Navajo nation supports the intent of the Comprehensive Addiction and Recovery Act to provide supportive, family-centered services, we have significant concerns that the proposed rule does not align with federal and state protections, including the Indian Child Welfare Act and the New Mexico Indian Family Protection Act." Nygren added, "Additionally, the rule raises serious issues related to tribal sovereignty, jurisdiction, and the potential for unnecessary child welfare system involvement."

Background data indicates two young children in New Mexico died after substance exposure. More than one-third of infants born in the state between 2016 and 2019 were exposed to drugs, alcohol, or tobacco. Overdose deaths in the U.S. were nearly 80,000 in 2024, with Native Americans recording an overdose rate of 51.6 per 100,000 in the same year. The Comprehensive Addiction and Recovery Act is approaching its 10th anniversary in July.