By Gail Evans, Legal Director NM Center on Law and Poverty
Published in the Albuquerque Journal, Monday, March 28th, 2016. See the original article at http://www.abqjournal.com/747133/opinion/court-was-right-to-halt-bungled-snap-rules.html
Earlier this month, a federal court halted the latest effort by Gov. Susana Martinez’s administration to revise the state’s SNAP food assistance program because the revisions were illegally denying food assistance to people in need.
A recent editorial by the Albuquerque Journal blasted the New Mexico Center on Law and Poverty for bringing a lawsuit to prevent this effort. However, a very basic review of the facts reveals the suit halted a bureaucratic nightmare that left people in our state without either food aid or job opportunities.
The governor has wanted to revise state SNAP policy to penalize people receiving food assistance who do not meet certain work requirements. However, each attempt to impose these requirements has been a disaster.
When the Human Services Department first tried to do so, in 2014, a state court found that the agency’s rules were so incoherent that they could not be deciphered. The department tried again this year, but a federal court found they were not implementing the penalties fairly or in accordance with the law.
In the hearing, Judge Kenneth Gonzalez heard testimony from the department’s own employees that they had no way to track who had been meeting work requirements and who had not. They admitted that the department’s notice procedures were inadequate and that caseworkers were not trained. They admitted that chronically ill and homeless individuals had been wrongly classified as ineligible for exemptions. They heard testimony from people who were wrongfully denied food assistance and learned of some 12,000 New Mexicans directly affected by this bungling.
The evidence was so clear and overwhelming, the judge ruled that the department must cease applying penalties until it demonstrates it can apply them within the law.
One of the roles of the New Mexico Center on Law and Poverty is to ensure that laws like this, which impact low-income New Mexicans, are well designed and implemented. When they are not, we seek to get the problem repaired.
Our staff spent many hundreds of hours over the past two years trying to get the state to do this one right. But the state Human Services Department, with major deficits in funding and administrative expertise, has so far failed, causing harm to people in trying. Judge Gonzales was absolutely right to stop them.
All of the witnesses in this case want to work and need help finding work. Low-income New Mexicans are not lazy or cheats. The problem is that they are living in a broken state education system and a flailing economy, among the worst in the nation on both counts.
The very least our state government can do during times of crisis is effectively and efficiently administer the public safety net that is required by law.
Instead, the Human Services Department is left to serve record numbers of people in need while struggling with inadequate funding and a shallow bench of capable administrators. They are barely able to administer the expanded Medicaid program, which has been the best source of jobs and out-of-state investment we’ve had in the past five years.
It makes no sense for the governor to add to the department’s workload with new SNAP regulations unless they can be implemented properly.
Federal law doesn’t require these regulations in places of high unemployment like New Mexico. But it does require of the very few states choosing to impose them that they be imposed legally and fairly.
People should be notified when they are subject to new regulations. People who are meeting the requirements and those who cannot work, such as people with disabilities or chronic illnesses, should not lose food assistance.
The Journal’s editorial attack on the Center on Law and Poverty and the courts is baseless and misses an important opportunity to help hold our government accountable for policies and practices that are improperly impacting thousands of people.