Texas Border Business
U.S. Department of Justice
The Justice Department filed a lawsuit against the New Mexico Supreme Court and the New Mexico Board of Bar Examiners, alleging that they violated the Servicemembers Civil Relief Act (SCRA) by refusing to recognize the out-of-state law licenses of qualifying servicemembers and their spouses.
“The Servicemembers Civil Relief Act gives servicemembers and their spouses the right to have their covered out-of-state law licenses recognized in a state where they have relocated due to military orders,” said Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division. “State supreme courts and bar associations in other states should take note of this lawsuit and come into full compliance with the SCRA immediately, or risk a lawsuit by the Department of Justice.”
“New Mexico is the proud home of four major military installations and more than 14,000 active-duty servicemembers. Our military servicemembers and their families bear great burdens to protect our Nation, including frequent moves and interruptions or barriers to employment,” said First Assistant U.S. Attorney Ryan Ellison for the District of New Mexico. “In fact, spousal unemployment is a leading cause of servicemembers leaving military service and is a significant readiness and retention issue. This lawsuit highlights the fact that license portability is a critical tool for our military spouses to be able to earn a living in the manner of their choosing.”
The complaint alleges that the New Mexico Supreme Court and Board of Bar Examiners refused to allow a military spouse to practice as an attorney in New Mexico after his wife was transferred to Holloman Air Force Base. As a result, the military spouse, who is licensed to practice law in the states of Texas, Washington and Maryland, was unable to accept a higher-paying position at the Las Cruces District Attorney’s Office. The complaint also alleges that New Mexico imposes requirements on military applicants that exceed what is allowed by the SCRA, by requiring them to provide transcripts, test scores, and references and to submit to a full character and fitness evaluation.
The Department’s enforcement of the SCRA is conducted by the Civil Rights Division’s Housing and Civil Enforcement Section in partnership with U.S. Attorneys’ Offices throughout the country. Since 2011, the Department has obtained over $489 million in monetary relief for over 152,000 servicemembers through its enforcement of the SCRA. For more information about the department’s SCRA enforcement efforts, please visit www.servicemembers.gov.
Servicemembers and their dependents who believe that their rights under the SCRA may have been violated should contact the nearest Armed Forces Legal Assistance Program Office. Office locations can be found at legalassistance.law.af.mil.
Updated June 11, 2026
