Candidate Rodriguez’s Lawsuit Against Governor Michelle Lujan Grisham Argues New Mexico’s ‘Universal Child Care’ Program Is Unlawful

Albuquerque, New Mexico — Republican gubernatorial candidate Duke Rodriguez has sued current New Mexico Governor Michelle Lujan Grisham over the rollout of New Mexico’s “universal child care program.” Rodriguez’s suit argues that Lujan Grisham acted without legal authority, without legislative participation, and without proper diligence in implementing her “universal child care program” in the state.

The suit asks the District Court to prohibit Lujan Grisham from further enforcement of regulations tied to the program. The suit attacks the process by which Lujan Grisham attempted to introduce her “universal child care program,” rather than the substance of the program.

Rodriguez’s legal action is a special form of suit called a mandamus action. Rodriguez, along with fellow petitioners Steve Lanier and Zachary Anaya, filed the suit in New Mexico’s Second Judicial District Court on April 16, 2026. The suit is numbered D-202-CV-2026-03721.

On September 8, 2025, Governor Michelle Lujan Grisham announced in a press release posted to her website that “New Mexico is first state in nation to offer universal child care.” See https://www.governor.state.nm.us/2025/09/08/new-mexico-is-first-state-in-nation-to-offer-universal-child-care/.

Rodriguez, Lanier, and Anaya argue in their suit that Lujan Grisham created a “universal child care program” entirely unilaterally, without a legislatively enacted statute, without a legislative appropriation of state money, and without following proper regulatory procedures.

“Let me make this absolutely clear: I want the best for New Mexico families. I support providing New Mexico families with a wide variety of child care options. I especially support empowering New Mexico families by eliminating state personal income tax. However, Governor Lujan Grisham betrayed New Mexico families by acting unlawfully,” Rodriguez declared. “Governor Lujan Grisham acted without any statutory authority and without legislative participation. Acting unlawfully does not help New Mexico families. Unlawful government action only creates risk and uncertainty for parents and children.”

Zachary Anaya joined Rodriguez’s suit as a petitioner because his own family is affected by that risk and uncertainty. Anaya has two young children and has received child care assistance payments from New Mexico over the last several months. Anaya argues that Lujan Grisham’s unlawful process casts doubt over the benefits of the assistance.

“In order to truly benefit New Mexico families like mine, a child care assistance program needs to be legal, lawful, and properly enacted. Doing things the wrong way only causes chaos down the line,” Anaya said.

Plaintiff Steve Lanier joined Rodriguez’s suit because he is a sitting New Mexico state Senator. “The New Mexico Legislature got swept aside by the momentum and pressure of Governor Lujan Grisham,” Lanier commented. “The Legislature did not do enough in our recent session to stop the power grab, but I will do my best to stop it now.”

Indeed, the suit claims that the New Mexico Legislature passed Senate Bill 241, which outlined a state-funded child care assistance program, only after Michelle Lujan Grisham’s whirlwind press tour announcing and celebrating the new child care assistance program.

The mandamus action has been assigned to Judge Elaine Lujan. Albuquerque attorney Jacob Candelaria represents all three petitioners. “Mandamus actions move quickly and are a powerful tool to hold government officials including the Governor, accountable to us, the people, for their unlawful official acts,” Candelaria opined. “When a Governor decides to create new public policy by rule and spend tens of millions of dollars without an appropriation authorizing her to do so, that breaks the law, it offends the constitution, it threatens individual liberty, and it must be stopped.” 

Rodriguez is no stranger to legal fights against New Mexico state agencies and Governor Lujan Grisham herself. “I and my businesses have sued the state over absurd regulations, over public records access, over open meetings access, over questionable vetoes, and over so many other issues. I do not do this for the publicity; I do this because we, the people, must hold our government accountable,” Rodriguez proclaimed. “I am a New Mexican first and a candidate second. Even if I was not running for office, I would still file this lawsuit, because New Mexicans deserve more from their elected officials.”