Facing this Emergency Together

Friends,

Protecting our families, loved ones and community is at the top of all our minds as we face this public health emergency together. The Covid-19 pandemic brings enormous challenges—practicing social distancing for our health and safety, while also responding to the economic consequences. As businesses close down, thousands of people are losing their jobs. More than 10,000 New Mexicans filed for unemployment benefits in just one week. 

This crisis exposes long-standing inequities for working families, and demands urgent action. It has made it abundantly clear that what we fight for—healthcare, housing, income and food support, childcare, workers’ rights, and educational opportunities—is fundamental to our communities.

The New Mexico Center on Law and Poverty sent recommendations to our state leaders calling for a united and comprehensive response. We have been circulating “know your rights” information and critical updates about actions being taken at the national and state levels to bring down healthcare costs, expand income assistance, and prevent evictions and utility shut offs. Please join us in sharing this information widely with your networks and on social media, and stay tuned for alerts about ways to get involved as we work with you and our community partners on solutions.

We thank our Governor and policymakers for their leadership. We know there is much more to do. We vow to stand with you as we face this together.

Sincerely,
Sireesha Manne

Paid sick leave, halting evictions & benefits terminations necessary to mitigate COVID-19 impact on New Mexicans

Groups provide state leaders multiple strategies to protect New Mexico’s residents

ALBUQUERQUE—Advocacy groups from across the state urged New Mexico’s leaders to exercise their emergency powers and provide emergency assistance, access to healthcare, and other relief to stem the rising financial insecurity and income inequality caused by the coronavirus crises. 

The recommendations were sent to Governor Lujan Grisham, Attorney General Balderas, Chief Justice Nakamura, Speaker Egolf, Senator Papen, Mayor Keller, Mayor Webber, Mayor Hull, and Mayor Miyagishima. 

“Our state’s response must focus on and involve the communities already experiencing the impact of economic inequality,” states the letter sent by the New Mexico Center on Law and Poverty, Forward Together, Strong Families New Mexico, Lutheran Advocacy Ministry – New Mexico, New Mexico Coalition to End Homelessness, New Mexico Voices for Children, NM Comunidades en Acción y de Fé – CAFé, Health Action New Mexico, United South Broadway, Fair Lending Center, Southwest Organizing Project (SWOP), Catholic Charities – Archdiocese of Santa Fe, New Mexico Social Justice Equity Institute, McKinley Co. Assn. of Retired Educators, and multiple individuals.

Recommendations include:

Protect workers 

  • Enact emergency paid sick leave and pass local paid sick leave ordinances that guarantee paid sick leave for all workers. 
  • Eliminate the one-week delay in unemployment benefits. 

Ensure economic security 

  • Create a new emergency income assistance program. 
  • Stay wage garnishments and bank levies in the courts. 
  • Streamline access to Medicaid, Supplemental Nutrition Assistance Program (SNAP), and cash assistance for workers who have lost their jobs by allowing enrollment when filing for unemployment insurance. 
  • Extend eligibility, suspend work requirements and sanctions, and delay all public benefits recertification requirements. 

Healthcare for all 

  • Provide for immediate access to healthcare through Medicaid for all Medicaid applicants.  
  • Assure immigrant communities that screening and treatment for COVID-19 do not impact public charge determinations and will not have immigration consequences. 
  • Ensure hospitals and clinics are safe spaces regardless of immigration status.  
  • Require employers maintain health insurance benefits regardless of reduction of work hours resulting from the pandemic. 
  • Call for a federal amendment to the Medicaid statutes to add a state option extending coverage to the uninsured for all medical services in connection with COVID-19. 

Moratorium on evictions, foreclosures, towing, and utility shut offs 

  • Stay all court eviction and foreclosure proceedings statewide to slow the spread of COVID-19 and prevent an increase in homelessness in New Mexico.   
  • Create a rent relief fund to help impacted families. 
  • Stop all utility shut offs. 
  • Place a moratorium on towing vehicles. 

Include all New Mexicans in the response to this crisis 

  • Protect New Mexicans without homes by providing emergency resources to shelters and on-location medical care.
  • Local governments should affirm their institutional commitment to all immigrant community members who may be targets of xenophobic behavior. 
  • Reduce the number of people in custody and release nonviolent defendants and people serving sentences for nonviolent offenses. 

The groups commend government officials and state leaders for the expedient initial steps already taken to mitigate the harm New Mexicans are facing. However, the groups maintain that much remains to be done without delay to protect the wellbeing of all New Mexico’s families.  

The full recommendations can be found here: http://nmpovertylaw.org/strategies-to-mitigate-covid-19-impact-on-nm-2020-03-18/

State admits students lack a sufficient education in motion to dismiss Yazzie/Martinez lawsuit

ALBUQUERQUE—In a motion asking the First Judicial District Court to dismiss the Yazzie/Martinez v. State of New Mexico lawsuit on Friday, the state acknowledged it continues to violate students’ right to a sufficient education. Legal counsel for the Yazzie plaintiff families pledge to continue litigation to hold the state accountable to comply with the court’s landmark ruling.  

The following can be attributed to Gail Evans, lead counsel for the Yazzie plaintiffs in the Yazzie/Martinez v. State of New Mexico lawsuit.

“The state knows it must make comprehensive changes to fix the education system for our students, but over a year and a half since the ruling, little to nothing has changed for the students at the heart of the case—low-income, English language learners, Native American, and students with disabilities, who account for about 80% of New Mexico’s student population. 

“In asking the judge to dismiss the case, the state does not argue that it has fixed our schools. The state simply can’t refute the stark fact that it has a very long way to go to provide our students with a sufficient education. Despite two legislative sessions since the court ruled, the state has not come close to adequately addressing long running problems. 

“We cannot expect that the political system will simply shift course and do right by our students. The court has to intervene when politics fail, and politics have clearly failed New Mexico’s children for decades. As long as the state does not provide children the educational opportunities they need, the Yazzie plaintiffs will continue to fight for our students.”

There will be a hearing on the Yazzie plaintiffs’ motion to hold the state in compliance with the court’s order and develop a plan on March 27 before Judge Matthew Wilson.

The Yazzie plaintiff’s reply brief in Yazzie/Martinez v. State of New Mexico can be found here: http://nmpovertylaw.org/yazzie-plaintiffs-reply-compliance-motion-2020-01-31/

Reply brief exhibits can be found here: http://nmpovertylaw.org/exhibits-for-yazzie-reply-brief-2020-01-31/

A report by economist Steve Barro on public education funding trends in New Mexico can be found here:  http://nmpovertylaw.org/report-nm-edu-funding-trends-barro-2020-01-30/

The final ruling in the lawsuit can be found here: http://nmpovertylaw.org/wp-content/uploads/2019/02/D-101-CV-2014-00793-Final-Judgment-and-Order-NCJ-1.pdf

5 things you should know about your rights as a worker during coronavirus

By Stephanie Welch, director of Workers’ Rights

Termination
Your employer can’t fire you if you are placed in isolation or quarantine. Employers who violate this legal protection could owe up to $5,000 in penalties.

Unemployment
If you are laid off or furloughed because of COVID-19, you are eligible for unemployment benefits. Contact the Department of Workforce Solutions for more information. . You can apply for unemployment benefits online at www.jobs.state.nm.us or by calling DWS at (877) 664-6984.

Privacy Rights
Your employer has to keep all medical information about you private and confidential. This includes if you have the coronavirus.

Discrimination
It is illegal for employers to mistreat you because of your race, national origin, or ethnic background. This means your employer can’t treat you differently than your coworkers because you are Asian or from another country affected by coronavirus. Contact the U.S. Equal Employment Opportunity Commission if you are facing discrimination at work. 

Sick Leave
If your employer provides you with paid sick leave when you are ill or need medical treatment, it must allow you to take that paid leave to care for a family member. Family member means a spouse or domestic partner, parent, grandparent, great-grandparent, child, foster child, grandchild, great-grandchild, brother, sister, niece, nephew, aunt, or uncle.

Please call 505-255-2840 with any questions. Watch the video in English or Spanish. Get the handout in English or Spanish.

Report shows gaps in New Mexico’s early childhood agenda

ALBUQUERQUE—According to a new report, more investment in home visiting, child care assistance, cash assistance, and minimum wage enforcement would significantly improve New Mexico families’ stability and economic outlook. The report, “New Mexico’s Infant Toddler Agenda,” was authored by the New Mexico Center on Law and Poverty and the Center for Law and Social Policy (CLASP).

“Every child should have the opportunity to succeed in life, yet nearly a third of New Mexico’s 70,000 infants and toddlers live in poverty. Across the board, state investments are too low in programs that address economic barriers and support opportunities for families with young children,” said Sovereign Hager, legal director at NMCLP. “Every family should have safe and affordable child care, sound parental support, and resources to pay for necessities. But there are huge gaps between what programs work for families and what our state funds.” 

Children’s growth and development are shaped by early life experiences. Good health, empowered families, and positive early learning environments foster children’s physical, intellectual, and social-emotional development. Culturally and linguistically appropriate programs and policies that are developed in collaboration with local communities are also essential to their success. 

Home visiting empowers parents 

In New Mexico, home visiting services provide support, coaching, and resources for parents from trained professionals during pregnancy and in children’s earliest years. Home visiting improves children’s mental and physical health, supports school readiness, and helps keep children and families safe. 

However, the report notes the lack of home visiting programs in New Mexico and that few programs are culturally and linguistically relevant to the state’s diverse communities. In New Mexico, an estimated 157,600 children—half of whom are infants and toddlers—were eligible for home visiting programs in 2017 but only approximately 5,000 slots were available in 2018. 

The report recommends that New Mexico fully leverage Medicaid dollars for home visiting and expand its current pilot program to include all Medicaid-eligible families.

Child care assistance provides high-quality child care and early education opportunities

The state’s Child Care Assistance Program makes it possible for low-income parents to work or go to school while providing their children with a safe place to learn and grow. The report notes that when families have access to child care assistance, they are better able to access high quality child care and have more resources for basic needs. They also have far fewer child care related work disruptions.

Unfortunately, even after increases to the program’s budget this year, the vast majority of families in New Mexico face high out of pocket costs even when they get assistance. Eighty one percent of families who receive child care assistance in New Mexico had to pay a share of costs in 2017 compared to the national rate of 62%.

Data shows that too many families simply cannot afford to participate in the program. Enrollment falls for families earning between 25% and 50% of the Federal Poverty Guidelines—when New Mexico starts imposing unaffordable co-payments.

The report recommends New Mexico eliminate co-payments for families living below 100% FPG and cap out of pocket costs at affordable levels for other families.

Families also face a steep “cliff effect” when their incomes exceed the eligibility threshold for the program. In many cases, this leaves families much worse off than they were before an increase in wages.

In New Mexico, families can earn a maximum of 250% of the FPG (equivalent to $53,325 for a family of three in FY 2019) before becoming ineligible for assistance. The report recommends tiered eligibility policies to smooth the cliff effect by gradually reducing assistance as income rises.

Increasing and enforcing the minimum wage supports economically stable families 

New Mexico’s minimum wage increase went into effect in January 2020. The report notes that an estimated 100,600 children will be helped by their parents’ increased wages.

However, workers can’t benefit from a minimum wage increase if the law isn’t enforced. Too many New Mexico workers are paid less than the minimum wage because employers violate the law. The New Mexico Department of Workforce Solutions has a statutory obligation to enforce the law, but DWS is underfunded and overwhelmed by a backlog of over 1,800 wage complaints. One in five workers has been waiting for their case to be investigated or to be paid wages owed for over a year and a half. Some have been waiting as long as eight years. 

The report recommends the state strategically and robustly enforce the law to maximize benefits to workers and their families.

Improving cash assistance to support economically stable families

Increased income during early childhood is associated with improved health, better school performance, and even increased earnings later in a child’s life. Even a small amount of additional income can be a stabilizing force, allowing parents to purchase diapers, groceries, or other household necessities. 

Although many families with low incomes could benefit from cash assistance, which provides a temporary monthly benefit and work supports for parents, only a small percent in New Mexico qualify for help because of limited eligibility, ineffective work requirements, and time limits for children. 

The assistance itself is minimal and does not provide enough for families to live on while seeking employment. 

The report recommends New Mexico improve its cash assistance program by offering flexibility, exemptions from work requirements, and allowing children to receive benefits when parents become ineligible or reach time limits.

“Strong investments in programs that impact early childhood are proven to increase well being and economic opportunity for families, but too many of New Mexico’s families with infants and toddlers aren’t able to access programs that would help them the most,” said Hager. “Our state government has an obligation to fix this and must prioritize an agenda that focuses on opportunity for families with young children. This means adequate resources towards programs and services for families with young children, investment in culturally and linguistically relevant programming, and work across agencies to streamline and integrate eligibility and enrollment processes.”

“New Mexico’s Infant Toddler Agenda” can be found here: http://nmpovertylaw.org/wp-content/uploads/2020/03/CLASP_NewMexico_infants_brochure3.pdf