Docket last checked September 26, 2026. Snapshot — not legal advice.
As of September 27, 2026, the legality of prediction markets in New Mexico is unresolved — litigation is ongoing with no final ruling yet. New Mexico status and cases →
Overview
Four New Mexico tribal plaintiffs, led by the Mescalero Apache Tribe (with the Pueblos of Sandia, Isleta, and Pojoaque), sued Kalshi under the Indian Gaming Regulatory Act (filed May 12, 2026), alleging its sports contracts amount to illegal sports betting on or affecting tribal lands. Kalshi moved to dismiss in June; the tribes moved for a preliminary injunction that would require Kalshi to geofence tribal lands, and both motions are now fully briefed. A hearing on them was reported set for September 23, 2026 in Las Cruces. The Ninth Circuit’s Blue Lake Rancheria decision is persuasive authority here, not binding: New Mexico sits in the Tenth Circuit. (Caption + docket confirmed via CourtListener: Mescalero Apache Tribe v. Kalshi, Inc., D.N.M. No. 1:26-cv-01517, before Judge Strickland.)
Changes
Logged September 26, 2026
Hearing
Judge Strickland heard the New Mexico tribes’ motion to make Kalshi geofence tribal lands, together with Kalshi’s motion to dismiss. No ruling from the bench.
The New Mexico tribes’ injunction motion, which would make Kalshi geofence tribal lands, and Kalshi’s motion to dismiss are fully briefed. A hearing is reported set for September 23 in Las Cruces.
The tribes file their final brief for a preliminary injunction requiring geofencing of tribal lands.
September 22, 2026
The Blue Lake and Chicken Ranch Rancherias and the Ho-Chunk Nation are granted leave to file an amicus brief.
September 23, 2026
Hearing held on both motions; rulings pending.
What's next: Judge Strickland heard the tribes’ injunction motion and Kalshi’s motion to dismiss on September 23, 2026 in Las Cruces; both are under advisement. One of six New Mexico actions.
Parties
Plaintiffs
Mescalero Apache Tribe
Pueblo of Sandia
Pueblo of Isleta
Pueblo of Pojoaque
Defendants
Kalshi, Inc.
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