The New Mexico attorney general says his office will demand federal records and evaluate criminal, civil and structural remedies after allegations that DEA allowed fentanyl pills into communities.

Organ Mountain News report

LAS CRUCES - New Mexico Attorney General Raúl Torrez has opened a formal investigation into allegations that the U.S. Drug Enforcement Administration knowingly allowed fentanyl pills to be distributed in New Mexico communities.

The announcement follows a June 24 letter from Gov. Michelle Lujan Grisham raising the allegations and asking Torrez to investigate whether federal agents broke state law.

In a June 26 response to the governor, Torrez said his office will send a Touhy letter to the federal government demanding documents and information about the DEA’s conduct in New Mexico and nationally.

A Touhy letter is a formal request under federal agency rules seeking authorization for federal employees to produce official records, documents or testimony. Such requests are commonly used when state or local authorities seek information from federal agencies or employees.

Governor asks Torrez to investigate DEA handling of New Mexico fentanyl shipments

Gov. Michelle Lujan Grisham asked Attorney General Raúl Torrez to investigate whether federal agents broke state law by allowing fentanyl shipments to go unseized in New Mexico.

Organ Mountain NewsDamien Willis

“The families who have lost children, siblings and parents to fentanyl deserve the truth about what the federal government knew and what it failed to do,” Torrez said. “If the DEA stood by while poison flooded our communities, that is not a bureaucratic failure. It is a betrayal of the people it was sworn to protect. This office will pursue every legal avenue available to hold the responsible parties accountable and make certain this never happens again.”

The investigation will examine whether the alleged conduct reflects a broader pattern of reckless or unlawful behavior, according to the New Mexico Department of Justice.

Torrez said his office will evaluate the full range of available legal remedies, including criminal prosecution, civil litigation and structural relief intended to prevent similar conduct in the future.

In his letter to Lujan Grisham, Torrez said federal law enforcement officers are not above the law, but acknowledged that the Supremacy Clause of the U.S. Constitution provides substantial protections for federal employees acting within the scope of their authority.

The legal framework does not foreclose state prosecution of federal officers, Torrez wrote, but it creates “significant legal barriers” that must be evaluated carefully.

“We will do that evaluation rigorously and honestly,” he wrote.

The announcement comes after New Mexico’s three U.S. House members asked DEA Administrator Terrance Cole for answers about how often federal agents knowingly let fentanyl shipments go unseized during drug trafficking investigations and how much fentanyl was involved.

U.S. House members call for congressional investigation of federal drug agents’ actions in NM

New Mexico’s U.S. House members are asking the DEA for answers after reports that federal agents allowed fentanyl shipments into the state.

Organ Mountain NewsJulia Goldberg

The congressional request followed reports that federal agents allowed fentanyl shipments into New Mexico while pursuing larger drug trafficking investigations.

New Mexico has been among the states hardest hit by the fentanyl crisis, with overdose deaths devastating communities statewide, Torrez’s office said.

“The people of New Mexico deserve a full accounting of what happened and a firm commitment that it will not happen again,” Torrez wrote. “You have my word that this office will not rest until we have both.”