New Mexico AG Leads 30-State Coalition Against Proposed Federal Ban on State AI Laws

Albuquerque, NM – New Mexico Attorney General Raúl Torrez joined 29 fellow attorneys general from across the political spectrum Thursday in a forceful rebuke of congressional efforts to strip states of their authority to regulate artificial intelligence.

In a sharply worded letter to House and Senate leadership, the bipartisan coalition warned that language quietly inserted into must-pass military funding legislation would preempt all existing and future state-level AI protections, leaving consumers, children, and voters vulnerable to rapidly evolving harms posed by the technology.

“Congress has repeatedly failed to pass comprehensive federal AI legislation,” the letter states. “In the absence of federal action, states have stepped in to address the most urgent risks—deepfake election interference, AI-enabled fraud, child sexual exploitation, and algorithmic price manipulation. A blanket preemption would eliminate these critical safeguards overnight.”

The move comes as Senate Commerce Committee Ranking Member Ted Cruz (R-TX) and others have floated attaching a one-sentence rider to the National Defense Authorization Act (NDAA) that would prohibit states from enforcing any law “regulating artificial intelligence models or artificial intelligence systems” for the next decade.

New Mexico has emerged as one of the most aggressive states on AI governance. During the 2025 legislative session, Torrez championed the Responsible Artificial Intelligence Act (Senate Bill 47), which would have imposed transparency requirements on high-risk AI systems used in employment, housing, and criminal justice. Although the bill stalled amid industry lobbying, Torrez has vowed to reintroduce stronger measures in 2026.

Nationwide, at least 45 states introduced or passed AI-related legislation in 2025 alone, according to the National Conference of State Legislatures. Notable examples include:

• California’s AB 3211 banning sexually explicit deepfakes of real persons without consent

• Illinois and Texas laws restricting AI-generated robocalls and texts

• Colorado’s first-in-the-nation comprehensive AI consumer protection framework (SB 24-205)

• Tennessee’s ELVIS Act protecting musicians from AI voice cloning

The coalition argues that a federal moratorium would immediately invalidate many of these protections and block others currently moving through state legislatures.

“AI is already being weaponized to scam seniors out of their life savings, to generate child sexual abuse material indistinguishable from reality, and to spread disinformation that threatens our elections,” Torrez said in a statement. “States are the laboratories of democracy—we are on the front lines seeing these harms in real time. Washington cannot tie our hands while it dithers.”

The letter instead urges Congress to adopt a federal floor of AI protections that preserves states’ ability to go further where necessary—an approach similar to longstanding frameworks for data privacy, consumer protection, and environmental regulation.

The full list of signatories includes Democratic strongholds (California, New York, Illinois), Republican-led states (Idaho, Indiana, South Carolina, Utah), and purple battlegrounds (Nevada, North Carolina, Pennsylvania).

As of publication, congressional staff have not confirmed whether the controversial preemption language remains in the NDAA conference report expected next week.

Sources

1. Letter from 30 Attorneys General to Congressional Leadership, Nov. 27, 2025 – https://nmdoj.gov/press-release/attorney-general-raul-torrez-opposes-ef…

2. National Conference of State Legislatures, “2025 Artificial Intelligence Legislation Tracker”

3. Colorado SB 24-205 (Colorado AI Act), enacted June 2024

4. California AB 3211 (Deepfake Revenge Porn Ban), enacted Sept. 2024

5. Politico Pro, “Cruz eyes AI preemption in defense bill,” Nov. 22, 2025 (subscription)

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