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Robert F. Kennedy Department of Justice Building, Washington, D.C. New Mexico residents can copy letters asking police and the district attorney to investigate DOGE’s handling of Social Security data under NMSA 30-16-24.1 and NMSA 30-45-3.
Letters for New Mexico
These letters are activist material published by The Existentialist Republic. They are not legal advice, and The Existentialist Republic does not act as legal counsel for anyone who files. Each reader decides whether and when to file.
New Mexico elects a district attorney in each judicial district, and that office prosecutes crimes committed there. NMSA 8-5-2(B) directs the attorney general to "prosecute and defend in any other court or tribunal all actions and proceedings, civil or criminal, in which the state may be a party or interested when, in his judgment, the interest of the state requires such action or when requested to do so by the governor," and NMSA 8-5-3 lets the attorney general act when a district attorney fails or refuses to act.
Already filed or written to one of these offices? Add your report so it counts, and come back with the reply when it arrives.
Write your two personal parts once
Every letter starts with your own opening and ends with your own closing, so no two letters arrive identical. The copy buttons switch on once both are filled in.
If you are a federal employee or hold a security clearance, you can leave out the police report and send the other letters. Send them from a personal email account on your own time, and sign as a private resident without a job title.
Letter 1, optional: the police report
To the [police department or sheriff’s office]:
[Your opening: where you live and why this matters to you, in one to three sentences.]
I am reporting suspected theft of identity under NMSA 30-16-24.1. The Social Security Administration holds my personal information, including in the agency’s Numident file.
On Jan. 16, 2026, Justice Department lawyers filed a Notice of Corrections to the Record in AFSCME v. Social Security Administration, No. 1:25-cv-00596 (D. Md.), ECF 197. The Social Security Administration reported that the agency’s former Department of Government Efficiency team, known as DOGE, took actions “potentially outside of SSA policy and/or noncompliant with” a March 20, 2025, court order. From March 7 to March 17, 2025, team members shared data through Cloudflare, a third-party server, and the agency has not been able to determine what was shared. On March 3, 2025, a team member emailed the Department of Homeland Security an encrypted file and copied a senior adviser to the U.S. DOGE Temporary Organization and a DOGE-affiliated Labor Department employee. The agency believes the file held personal information, including names and addresses, of about 1,000 people, and the agency has been unable to open it. A team member signed a “Voter Data Agreement” with a political group seeking “to find evidence of voter fraud and to overturn election results in certain States.” On March 24, 2025, four days after the court order, a team member searched personal data in the Numident, the agency’s master file of Social Security numbers. In an Aug. 26, 2025, whistleblower disclosure, Charles Borges, then the agency’s chief data officer, said DOGE staff copied the Numident, with records on more than 300 million Americans, to a cloud environment without independent oversight. In March 2026, the agency’s Office of the Inspector General notified congressional committee leaders of a review of “the potential misuse of SSA data by a former DOGE employee.” On April 10, 2026, the full U.S. Court of Appeals for the 4th Circuit vacated a preliminary injunction for lack of irreparable harm without ruling on whether DOGE’s access was lawful. U.S. District Judge Ellen Lipton Hollander ordered discovery, including depositions, on April 14, 2026, and on June 26, 2026, refused to withdraw the order, writing that the government “may have ‘provided patently false information to the district court.’”
Please take this report and forward it to the District Attorney.
[Your closing: the reply you want.]
Respectfully,
[Full name]
[Street address]
[City, state, ZIP]
[Email or phone]Letter 2: the district attorney
Dear District Attorney [last name]:
[Your opening.]
I am asking your office to open a criminal investigation into the conduct described below. The Social Security Administration holds my personal information, including in the agency’s Numident file.
On Jan. 16, 2026, Justice Department lawyers filed a Notice of Corrections to the Record in AFSCME v. Social Security Administration, No. 1:25-cv-00596 (D. Md.), ECF 197. The Social Security Administration reported that the agency’s former Department of Government Efficiency team, known as DOGE, took actions “potentially outside of SSA policy and/or noncompliant with” a March 20, 2025, court order. From March 7 to March 17, 2025, team members shared data through Cloudflare, a third-party server, and the agency has not been able to determine what was shared. On March 3, 2025, a team member emailed the Department of Homeland Security an encrypted file and copied a senior adviser to the U.S. DOGE Temporary Organization and a DOGE-affiliated Labor Department employee. The agency believes the file held personal information, including names and addresses, of about 1,000 people, and the agency has been unable to open it. A team member signed a “Voter Data Agreement” with a political group seeking “to find evidence of voter fraud and to overturn election results in certain States.” On March 24, 2025, four days after the court order, a team member searched personal data in the Numident, the agency’s master file of Social Security numbers. In an Aug. 26, 2025, whistleblower disclosure, Charles Borges, then the agency’s chief data officer, said DOGE staff copied the Numident, with records on more than 300 million Americans, to a cloud environment without independent oversight. In March 2026, the agency’s Office of the Inspector General notified congressional committee leaders of a review of “the potential misuse of SSA data by a former DOGE employee.” On April 10, 2026, the full U.S. Court of Appeals for the 4th Circuit vacated a preliminary injunction for lack of irreparable harm without ruling on whether DOGE’s access was lawful. U.S. District Judge Ellen Lipton Hollander ordered discovery, including depositions, on April 14, 2026, and on June 26, 2026, refused to withdraw the order, writing that the government “may have ‘provided patently false information to the district court.’”
As a New Mexico resident whose Social Security records are maintained by the Social Security Administration, I believe this conduct violates NMSA 30-16-24.1 and NMSA 30-45-3. Theft of identity "consists of willfully obtaining, recording or transferring personal identifying information of another person without the authorization or consent of that person and with the intent to defraud that person or another" (NMSA 30-16-24.1(A)). Computer access with intent to defraud covers "a person who knowingly and willfully accesses or causes to be accessed a computer, computer system, computer network or any part thereof with the intent to obtain, by means of embezzlement or false or fraudulent pretenses, representations or promises, money, property or anything of value" (NMSA 30-45-3), a fourth degree felony when the value is $500 to $2,500.
In Colorado v. Symes, 286 U.S. 510 (1932), the U.S. Supreme Court held that federal officers “are not, merely because they are such, granted immunity from prosecution in state courts for crimes against state law.” The immunity recognized in In re Neagle, 135 U.S. 1 (1890), covers acts federal law authorizes that were necessary and proper to the officer’s duty, and the agency has said this conduct was potentially outside agency policy. The plaintiffs in the civil lawsuits seek court orders, and criminal charges require a prosecutor. The president’s pardon power applies only to “Offences against the United States” (U.S. Const. art. II, sec. 2), and in Gamble v. United States, 587 U.S. 678 (2019), the Supreme Court reaffirmed that each state prosecutes crimes under its own law as a separate sovereign. In April 2026, the Hennepin County Attorney’s Office in Minnesota charged a federal immigration officer with assault under state law.
I am asking you to use subpoenas to learn where New Mexico residents’ data went and who used it.
[If you filed a police report: I reported this to (agency) on (date), report number (number).]
[Your closing: the reply you want.]
Respectfully,
[Full name]
[Street address]
[City, state, ZIP]
[Email or phone]Letter 3: the attorney general
Dear Attorney General [last name]:
[Your opening.]
I am asking your office to open a criminal investigation into the conduct described below. The Social Security Administration holds my personal information, including in the agency’s Numident file.
On Jan. 16, 2026, Justice Department lawyers filed a Notice of Corrections to the Record in AFSCME v. Social Security Administration, No. 1:25-cv-00596 (D. Md.), ECF 197. The Social Security Administration reported that the agency’s former Department of Government Efficiency team, known as DOGE, took actions “potentially outside of SSA policy and/or noncompliant with” a March 20, 2025, court order. From March 7 to March 17, 2025, team members shared data through Cloudflare, a third-party server, and the agency has not been able to determine what was shared. On March 3, 2025, a team member emailed the Department of Homeland Security an encrypted file and copied a senior adviser to the U.S. DOGE Temporary Organization and a DOGE-affiliated Labor Department employee. The agency believes the file held personal information, including names and addresses, of about 1,000 people, and the agency has been unable to open it. A team member signed a “Voter Data Agreement” with a political group seeking “to find evidence of voter fraud and to overturn election results in certain States.” On March 24, 2025, four days after the court order, a team member searched personal data in the Numident, the agency’s master file of Social Security numbers. In an Aug. 26, 2025, whistleblower disclosure, Charles Borges, then the agency’s chief data officer, said DOGE staff copied the Numident, with records on more than 300 million Americans, to a cloud environment without independent oversight. In March 2026, the agency’s Office of the Inspector General notified congressional committee leaders of a review of “the potential misuse of SSA data by a former DOGE employee.” On April 10, 2026, the full U.S. Court of Appeals for the 4th Circuit vacated a preliminary injunction for lack of irreparable harm without ruling on whether DOGE’s access was lawful. U.S. District Judge Ellen Lipton Hollander ordered discovery, including depositions, on April 14, 2026, and on June 26, 2026, refused to withdraw the order, writing that the government “may have ‘provided patently false information to the district court.’”
As a New Mexico resident whose Social Security records are maintained by the Social Security Administration, I believe this conduct violates NMSA 30-16-24.1 and NMSA 30-45-3. Theft of identity "consists of willfully obtaining, recording or transferring personal identifying information of another person without the authorization or consent of that person and with the intent to defraud that person or another" (NMSA 30-16-24.1(A)). Computer access with intent to defraud covers "a person who knowingly and willfully accesses or causes to be accessed a computer, computer system, computer network or any part thereof with the intent to obtain, by means of embezzlement or false or fraudulent pretenses, representations or promises, money, property or anything of value" (NMSA 30-45-3), a fourth degree felony when the value is $500 to $2,500.
In Colorado v. Symes, 286 U.S. 510 (1932), the U.S. Supreme Court held that federal officers “are not, merely because they are such, granted immunity from prosecution in state courts for crimes against state law.” The immunity recognized in In re Neagle, 135 U.S. 1 (1890), covers acts federal law authorizes that were necessary and proper to the officer’s duty, and the agency has said this conduct was potentially outside agency policy. The plaintiffs in the civil lawsuits seek court orders, and criminal charges require a prosecutor. The president’s pardon power applies only to “Offences against the United States” (U.S. Const. art. II, sec. 2), and in Gamble v. United States, 587 U.S. 678 (2019), the Supreme Court reaffirmed that each state prosecutes crimes under its own law as a separate sovereign. In April 2026, the Hennepin County Attorney’s Office in Minnesota charged a federal immigration officer with assault under state law.
NMSA 8-5-2(B) directs your office to prosecute criminal actions when "the interest of the state requires such action." I am asking you to use that authority.
[If you filed a police report: I reported this to (agency) on (date), report number (number).]
[Your closing: the reply you want.]
Respectfully,
[Full name]
[Street address]
[City, state, ZIP]
[Email or phone]Letter 4: the governor
Dear Governor [last name]:
[Your opening.]
The Social Security Administration holds my personal information, including in the agency’s Numident file.
On Jan. 16, 2026, Justice Department lawyers filed a Notice of Corrections to the Record in AFSCME v. Social Security Administration, No. 1:25-cv-00596 (D. Md.), ECF 197. The Social Security Administration reported that the agency’s former Department of Government Efficiency team, known as DOGE, took actions “potentially outside of SSA policy and/or noncompliant with” a March 20, 2025, court order. From March 7 to March 17, 2025, team members shared data through Cloudflare, a third-party server, and the agency has not been able to determine what was shared. On March 3, 2025, a team member emailed the Department of Homeland Security an encrypted file and copied a senior adviser to the U.S. DOGE Temporary Organization and a DOGE-affiliated Labor Department employee. The agency believes the file held personal information, including names and addresses, of about 1,000 people, and the agency has been unable to open it. A team member signed a “Voter Data Agreement” with a political group seeking “to find evidence of voter fraud and to overturn election results in certain States.” On March 24, 2025, four days after the court order, a team member searched personal data in the Numident, the agency’s master file of Social Security numbers. In an Aug. 26, 2025, whistleblower disclosure, Charles Borges, then the agency’s chief data officer, said DOGE staff copied the Numident, with records on more than 300 million Americans, to a cloud environment without independent oversight. In March 2026, the agency’s Office of the Inspector General notified congressional committee leaders of a review of “the potential misuse of SSA data by a former DOGE employee.” On April 10, 2026, the full U.S. Court of Appeals for the 4th Circuit vacated a preliminary injunction for lack of irreparable harm without ruling on whether DOGE’s access was lawful. U.S. District Judge Ellen Lipton Hollander ordered discovery, including depositions, on April 14, 2026, and on June 26, 2026, refused to withdraw the order, writing that the government “may have ‘provided patently false information to the district court.’”
In Colorado v. Symes, 286 U.S. 510 (1932), the U.S. Supreme Court held that federal officers “are not, merely because they are such, granted immunity from prosecution in state courts for crimes against state law.” The immunity recognized in In re Neagle, 135 U.S. 1 (1890), covers acts federal law authorizes that were necessary and proper to the officer’s duty, and the agency has said this conduct was potentially outside agency policy. The plaintiffs in the civil lawsuits seek court orders, and criminal charges require a prosecutor. The president’s pardon power applies only to “Offences against the United States” (U.S. Const. art. II, sec. 2), and in Gamble v. United States, 587 U.S. 678 (2019), the Supreme Court reaffirmed that each state prosecutes crimes under its own law as a separate sovereign. In April 2026, the Hennepin County Attorney’s Office in Minnesota charged a federal immigration officer with assault under state law.
Under NMSA 8-5-3, the attorney general "shall, upon direction of the governor, investigate any matter or matters in any county of the state" in which the state may be interested. I am asking you to direct the attorney general to investigate this conduct.
[Your closing: the reply you want.]
Respectfully,
[Full name]
[Street address]
[City, state, ZIP]
[Email or phone]What officials in New Mexico said back
No reader reports are on record yet for this page.
Report what happened in New Mexico
If you filed a police report or sent one of these letters, add it here, and come back with the office’s reply when it arrives. The ER publishes each report’s state, office, outcome and month. The report contains no name, address, email address, phone number or case number.
What reason did the office give? Check all that apply.
Sources
- NMSA 30-16-24.1
- NMSA 30-45-3
- NMSA 8-5-2(B)
- NMSA 8-5-3
- NMSA 36-1-18
- Notice of Corrections, ECF 197
- Colorado v. Symes, 286 U.S. 510 (1932)
- In re Neagle, 135 U.S. 1 (1890)
- Gamble v. United States, 587 U.S. 678 (2019)
- U.S. Constitution, Article II, Section 2
Change log
- Feb. 16, 2026, version 1: First set posted as a comment on the Feb. 16, 2026, article. Original
- Sept. 29, 2026, version 2: Set rebuilt from the state’s own statutes, with every quotation checked against the official text or a published copy of the code.
These letters are activist material published by The Existentialist Republic. They are not legal advice, and The Existentialist Republic does not act as legal counsel for anyone who files. Each reader decides whether and when to file.
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