Duane Duffy, Vice President of the Mescalero Apache Tribe, is urging state lawmakers and the Attorney General to take action against online platforms like Kalshi, which he claims are enabling illegal sports betting under the guise of financial trading. He argues this undermines tribal gaming rights and violates existing compacts between the state and Native tribes.
Speaking to legislators at the Inn of the Mountain Gods casino, Duffy warned that these apps are exploiting legal loopholes to operate in New Mexico, where online sports betting and online casinos are prohibited from operating. He and other tribal leaders plan to push for legislative solutions during the upcoming session and are currently seeking support from the Attorney General’s office.
The AG’s office confirmed it has received concerns from tribal representatives and is monitoring related legal developments in other states. Arizona and several others have already issued cease-and-desist orders to Kalshi and similar companies, accusing them of sidestepping gambling laws by disguising bets as commodity contracts.
Previous Issues
Duffy also referenced a previous case involving the Jackpocket lottery app, which was deemed “internet gaming” by the AG and forced to halt operations. However, the AG has not issued a formal opinion on Kalshi, citing procedural limitations.
Senator Bill Sharer questioned the feasibility of regulating internet-based gambling, while Duffy emphasized the financial impact on tribal economies. With no legal pathway for tribes to offer online casino gaming in New Mexico, he said out-of-state platforms are collecting potential revenue for the state.
Tribal casinos in New Mexico generated over $219 million in net gaming revenue in the first quarter of 2025, with the state receiving more than $20 million. For the Mescalero Apache Tribe, the Inn of the Mountain Gods remains a vital economic lifeline, mainly as climate change affects tourism at its ski resort.
Will New Mexico Pass Online Casino Legislation?
Currently, no legislation on the table would allow online casinos in New Mexico to operate from brick-and-mortar locations. There are also no laws preventing offshore casinos from accepting NM players.
In 2018, the state passed legislation to allow domestic sports betting at tribal casinos; however, they did not propose online sports betting. At the time of this writing, there are no laws that allow casinos or sportsbooks to operate online from within the borders of the state.