Judge to hear challenge to New Mexico’s free child care program

Working parents in Bernalillo County are watching a June 11 court hearing that could shape whether New Mexico’s free child care program keeps moving forward without interruption. For families in Albuquerque and across the county, the issue is immediate: the program helps cover care costs, protect work schedules and keep slots available for young children while parents are on the job.

The legal challenge comes from Republican candidate Duke Rodriguez, who argues Gov. Michelle Lujan Grisham created the program by executive action without the authority to do so. A state judge previously ordered the administration to stop enforcing the program or explain why it should continue, and state officials chose to defend it. The New Mexico Early Childhood Education and Care Department said the child care assistance program continues and that the court action was not a pause on universal child care.

The program first took effect on Nov. 1, 2025, when New Mexico became the first state in the nation to offer no-cost child care for families regardless of income. In March 2026, Lujan Grisham signed Senate Bill 241, the Child Care Assistance Program Act, putting universal child care into state law after the rollout had already begun. That later vote gives the coming hearing added weight: the court is being asked to sort out a policy that moved from executive action to statute while families and providers were already depending on it.

The stakes stretch beyond the courtroom. Early 2026 budget discussions put the Early Childhood Education and Care Department’s request at $1.2 billion, as lawmakers debated whether the expansion was fully funded. Legislative Finance Committee analysts said the department began overspending within weeks of the universal expansion because enrollment rose faster than expected. That pressure matters in Bernalillo County, where child care centers, home providers and parents are making staffing, enrollment and household budget decisions around the assumption that the statewide program will remain in place.

For many families, the question is how quickly a court fight can affect everyday life. If the program were curtailed, parents could be forced to cover costs they have not budgeted for, cut work hours or scramble for alternative care in a market already strained by demand. For providers, a change could force quick adjustments to staffing and capacity. The hearing will test whether one of New Mexico’s signature social policies can withstand legal attack and financial strain at the same time.