Trump’s alarming “Public Charge” rule attacks immigrants, threatening access to food and healthcare

The Trump administration greenlights rule despite massive public opposition

ALBUQUERQUE—Widespread, devastating impact looms as the Trump administration sidesteps Congress with “Public Charge” changes. The expanded “Public Charge” rule allows the government to deny permanent residency (green cards) and visa renewals to lawfully present immigrants who participate in basic need programs like Medicaid, housing assistance, and SNAP food assistance. The rule also adds specific requirements into the public charge test, including income, age, health and English proficiency. Advocacy groups condemn the new rule, which goes into effect October 15th, 2019.

“Immigrant communities contribute so much to the cultural, civic, and economic fabric of our state and nation,” said Fabiola Landeros, a community organizer with El CENTRO de Igualdad y Derechos. “Once again the Trump administration is targeting our communities, persecuting the most vulnerable based on their economic status, and trying to minimize our political power. No family should be forced to choose between feeding their children or having access to medical care or risking family separation. In New Mexico, we value taking care of our families and neighbors. As Nuevo Mexicanos, we need to look for solutions to provide safety net services for our communities and we must fight back against Trump’s racist agenda by continuing to organize and building upon our legacy in New Mexico of supporting immigrant integration.”   

“The expanded public charge rule is an attack on all immigrants, including children and seniors who, like any working American, may need to access supplemental benefits at any point such as subsidized housing or food stamps,” said Kay Bounkeua, Executive Director of the New Mexico Asian Family Center. “The Asian population has a high rate of family sponsorships and limited English proficiency – the expanded testing will result in keeping families apart and undermine the strengths and contributions of a racially diverse community.”

Congress made many lawfully present immigrants eligible for basic needs assistance to promote economic stability. Historically, administrations of both parties have only considered receipt of cash benefits and institutional care as reasons to deny lawfully present immigrants visa renewals or to deny their application for permanent residency. 

“We have a shared responsibility to make sure no one in our community, especially children, go without basic needs,” said Teague Gonzalez, attorney at the New Mexico Center on Law and Poverty. “Immigrants contribute exponentially more to our tax system that supports basic benefit programs than they draw in direct assistance. Trump’s new rule furthers a cruel and racist agenda meant to separate families and spread fear. It will turn the U.S. immigration system into a pay-to-play game that unfairly favors the wealthiest households.”

“We envision a vibrant New Mexico where all people—regardless of immigration status—can achieve their full potential and are treated with dignity and respect,” said Eduardo García, an attorney with the New Mexico Immigrant Law Center. “This harsh change in policy targeting immigrants goes against our core values. It is a tactic to spread fear among immigrants, discourage immigration, and harm immigrants by preventing them from having access to public resources. Further, this policy change and the ugly rhetoric behind it continue to fuel hatred, xenophobia, and racism against immigrants. Nonetheless, we will fight back and NMILC will provide guidance to people that need it.” 

“We are saddened by the Trump administration’s decision to force our country’s green card applicants to make an impossible choice between legally receiving public benefits and getting their green cards, both of which they need to succeed in our country,” said Tess Wilkes, of the Santa Fe Dreamers Project. “The complexity of this rule change will discourage many eligible folks in the immigrant community from even applying for much-needed public benefits for themselves and their children, at a time when many of them already feel under attack.”

The proposed changes to public charge policy are already causing significant harm. Fear and confusion is creating a chilling effect, causing people to disenroll from programs and forgo benefits. The impact is far-reaching in New Mexico—nearly one in 10 New Mexicans is an immigrant, and one in nine have immigrant parents. Over 77,000 U.S. citizen children in New Mexico live with at least one immigrant parent and are in a family that receives basic food assistance. A Manatt Health analysis estimates that, across the country, as many as 26 million people and their families could be dissuaded from using public benefits under the proposed rule change. 

“The American spirit is rooted in the welcoming of the stranger into our communities—it is in the belief that all coming to our communities should be cared for and that everyone has the opportunity to be given the resources necessary to climb out of poverty and contribute to the community,” said James Gannon, CEO of Catholic Charities. “Throughout the history of this nation, the foreign born welcomed into our community have contributed to and strengthened the fabric of our nation, and participated in our national defense and advanced our society.  Penalizing through an expansion of public-charge testing of immigrants will only lead to self-injury to the American society and our nation.” 

New Mexico stands to lose as many as 2,700 jobs and nearly $400 million in economic activity because eligible New Mexicans will forego federal benefits that flow directly into the state’s economy. Immigrant-led households in New Mexico paid $756.9 million in federal taxes and $394.3 million in state and local taxes in 2014.

“The vast majority of children in New Mexico– 97%–are U.S.-born citizens. But that shouldn’t matter. Every child living in New Mexico, regardless of where they or their parents were born, deserves the healthcare, food assistance, and other benefits they’re eligible for and need in order to thrive,” said James Jimenez, executive director of New Mexico Voices for Children. “As with the family separations–which are still going on–this is an unconscionable and racist immigration policy that will have very negative, life-long consequences for children.”

“Punishing people for accepting help with food, housing, and medical care that they are eligible for, and have contributed tax dollars to, will have devastating and widespread effects on New Mexico’s communities,” added Gonzalez. “The expanded rule will push people further into poverty, separate families, and lead to overall worse health outcomes and higher rates of food insecurity in our state. We are already hearing from families who are afraid to seek help for their children.” 

For more information please see the following handouts in English and Spanish. People concerned about their benefits or immigration status should speak to an immigration attorney about the best route for families to take.
 

Child care assistance hearing postponed

We did it! Thanks to all your hard work, the Children, Youth and Families Department announced yesterday that it will not cut child care assistance eligibility to 160% of the Federal Poverty Level as it proposed. It will maintain the current eligibility of 200% FPL for child care assistance contracts.

The hearing scheduled for Monday, July 8 has been postponed until further notice.

While this is great news, CYFD still requires families to pay unaffordable copays. Too many parents are forced to drop out of the child care assistance program and find cheaper⁠ and often less safe⁠ alternatives or reduce their work hours or drop out of school.

CYFD will reschedule the hearing and will continue to take public comment on this issue. Let’s keep the momentum going!

We ALL depend on child care to work or pursue an education. Thank you for submitting comments, making phone calls, and for standing with New Mexico’s parents and children!

You can read about CYFD’s announcement here.

Public hearing on cuts to CYFD’s child care assistance on Monday, July 8

SANTA FE—There is a public hearing on proposed cuts to the Children, Youth and Families Department’s Child Care Assistance program on Monday, July 8 in Santa FeCYFD’s proposed regulation changes will prevent thousands of parents who are working or in school from getting much needed child care and continue to require families to pay an unaffordable share of costs. 

The regulation would hurt hard working New Mexico families by cutting child care assistance eligibility to 160% of the Federal Poverty Level from 200%. This means fewer working families will have access to child care assistance, even though the program is one of the best work support programs available to help families exit poverty and increase financial stability.

CYFD’s proposed regulations also fail to address affordability for the child care assistance program. Unfortunately, CYFD requires low-income working families to pay an unaffordable share of their income toward copayments. The federal government has urged states to ensure affordability for child care assistance by capping the family’s share of costs at no more than 7% of their income. Under CYFD’s current copayment requirements, families often pay 10% or more. This makes it difficult for families to pay for other necessary expenses like food and housing. 

The proposed regulation and public comments on the proposed cuts can be found here: https://www.newmexicokids.org/ 

WHAT:          
Public hearing on proposed CYFD regulation that would cut eligibility to the state’s Child Care Assistance program

WHEN: 
Monday, July 8, 2019 at 11:00 am          

WHERE:          
Apodaca Hall, 1120 Paseo De Peralta, Santa Fe, NM 87502.

WHO:             
CYFD
Families who would be impacted by the proposed cuts
Other members of the public  

ACTION ALERT: Tell CYFD not to cut child care assistance!

All families need access to affordable child care so they can make a living and pursue future career opportunities. But in a move that will prevent parents who are working or in school from getting much needed child care, the Children, Youth and Families Department proposed this week to cut eligibility to New Mexico’s Child Care Assistance Program and to continue to require families to pay an unaffordable share of costs. Without access to affordable child care, families will be forced to either go without child care or forego education or employment opportunities.

The regulation will hurt hard working New Mexico families by:

  • Cutting eligibility to 160% FPL from 200%. This means less families will have access to child care assistance, even though they are low income.  
  • Requiring low-income families to pay an unaffordable share of costs. Federal guidance found that child care costs over 7% are not affordable for working families. CYFD’s proposal requires families to pay more than 10% of their income towards child care and higher, depending on the size of a family.

Please tell CYFD to make child care accessible and affordable for New Mexican families!

Speak out at the public hearing:
Monday, July 8, 2019 at 11:00 a.m.
Apodaca Hall, 1120 Paseo De Peralta, Santa Fe, NM 87502.

Submit written public comment no later than July 8, 2019 at 11:00 a.m.

  • By email to: CYFD-ECS-PublicComment@state.nm.us with the subject line “8.15.2 NMAC Public Comment” or
  • By mail to: Kimberly Brown, Child Care Services Bureau, CYFD, P.O. Drawer 5160, Santa Fe, NM 87502-5160.  

Sample content for public comment on cuts to child care assistance. 

Slashing eligibility for child care assistance harms New Mexico’s families!
Families need reliable and safe child care so that they can make a living and pursue future career opportunities. Without child care assistance, families are often unable to afford appropriate child care and are faced with the difficult choice of either resorting to lower quality care or foregoing education or work opportunities. CYFD raised eligibility to 200% of the federal poverty level in November of 2018 and enrollment has not increased. CYFD should seek supplemental funding from the legislature before cutting the eligibility level.

CYFD’s copayments are unaffordable!
According to CYFD data, just a third of eligible families participate in the program. Federal law requires CYFD to make co-payments affordable for families. Federal guidance recommends that co-payments be no higher than 7% of a family’s income. CYFD has not set a cap on copayments, and parents often pay much more than 10% of their income on child care, including families living in deep poverty. CYFD data from FY2017, shows a 66% drop in participation in the program once families are charged a copay, beginning with incomes as low as 25% to 50% of the FPL. Parents who cannot afford the copayment often have to reduce their work hours or seek alternative and often unreliable care. Families should not have to choose between paying for childcare or other basic necessities like food and clothing. New Mexico’s kids deserve better!

Proposed cuts to child care assistance will force parents to give up employment and educational opportunities

Eligible families sued department last year over arbitrary denials of assistance

SANTA FE—In a move that will prevent families from getting much needed child care, the State of New Mexico proposes to cut eligibility to child care assistance available to parents who are working or in school. A regulation released yesterday, would reduce families’ eligibility to incomes of 160% and lower of the federal poverty level. Currently, families with incomes up to 200% of the FPL qualify for assistance. The regulation also provides some information used to determine family copays, which continue to be unaffordable according to federal standards.

The proposed rule will reduce the number of families eligible for child care assistance and continue to burden parents with unaffordable copays that force them to go without child care and forego education or employment opportunities. Children, Youth and Families Department data from FY2017, shows a 66% drop in participation in the program once families are charged a copay, beginning with incomes as low as 25% to 50% of the FPL. According to CYFD data, just a third of eligible families participate in the program.

“We urge CYFD to change this proposed regulation so that more, not fewer, families have access to the child care they desperately need. We know that CYFD wants to increase opportunities for New Mexico’s families. One clear way to do that is to help hard-working parents keep their jobs and stay in school by providing help with the exorbitant costs of child care. Unfortunately, too few families qualify, and those who do must come up with copays that are so high that many are forced to leave the program and give up on careers and their education or resort to unreliable and unlicensed care,” said Maria Griego, supervising attorney at the New Mexico Center on Law and Poverty.

Griego added, “We are concerned that the state is cutting benefits when enrollment has decreased. We need safeguards that ensure child care copayments are actually affordable so families can benefit from the program. This means adequate funding at the legislature that is based on the economic reality facing New Mexico families. The state should seek supplemental funding to prevent cuts right now.”

CYFD agreed to issue regulations that detail eligibility requirements for the Child Care Assistance Program following a lawsuit filed by Organizers in the Land of Enchantment (OLÉ) and families represented by the New Mexico Center on Law and Poverty. The lawsuit, Torres v. Jacobson, argued that the department illegally reduced eligibility and determined the amount of child care assistance without going through the public regulatory process required by law.

After the lawsuit was filed, CYFD immediately increased eligibility to 200% of the federal poverty level, which it now proposes to cut.

“When CYFD extended the eligibility requirements, it opened the doors for more parents out there struggling to find childcare and now they are looking to close that door again,” said Brian Gelepsie, OLÉ member. “The state is messing with families’ livelihoods when families have to decide between paying for childcare or having a roof over their heads. Our parents and children deserve better.”

The proposed Child Care Assistance Program regulation:

  • Cuts eligibility to 160% FPL—even though enrollment in the program is dropping.
  • Sets child care copayments at unaffordable levels and fails to explain the details of how copayments are calculated. For example, the department applies a 10% increase to base copayments for every case, but this is not in regulation.
  • Does not clearly articulate how CYFD calculates income to determine eligibility or how the application process works.
  • Does not require applications and eligibility documents to be in languages other than English.

A public hearing on the rule is scheduled to take place in Santa Fe on July 8, 2019.

Court hearing on HSD compliance with orders to remove barriers to food and medical assistance next Thursday

LAS CRUCES—On Thursday at 10:30 a.m., in U.S. District Court in Las Cruces, Judge Kenneth Gonzales will hear an update on the New Mexico Human Services Department’s compliance with multiple court orders to remove barriers to food and medical assistance for eligible families.

At the hearing, the New Mexico Center on Law and Poverty will provide information about a statistically significant review of food and medical assistance cases conducted between September 2018 to February 2019. Both the court appointed Special Master and the plaintiffs, represented by the Center, found that New Mexicans are still not getting the food and medical assistance they need because HSD continues to violate the law.

According to an extensive review by the Center of HSD client cases, HSD made errors in 202 out of 288 cases—an error rate of 70%. These errors led to 109 households of the 288 cases reviewed losing food or medical assistance, sometimes both. The Special Master validated nearly all these findings. The review found that HSD continues to illegally deny food and medical assistance in the following ways:

  • HSD illegally denies food and medical assistance to families who fail to provide unnecessary paperwork.
  • HSD’s own quality assurance team failed to find the vast majority of the errors found by the Center and the Special Master.
  • HSD does not consistently apply eligibility policy and application procedures.
  • HSD does not accurately inform families about their eligibility and what is needed to process their case.
  • HSD’s management team lacks expertise to administer food and medical programs in accordance with federal law.
  • HSD’s IT system requires changes to accurately process applications for benefits.

In September 2016, Judge Gonzales held former HSD Secretary Brent Earnest in contempt for failing to remove barriers to assistance for eligible families. The court appointed a Special Master to monitor and make recommendations to the department. In April 2018, the judge set a series of deadlines for HSD compliance with court ordered reforms.

The New Mexico Center on Law and Poverty report on it’s case review can be found here: http://nmpovertylaw.org/nmclp-report-on-hsd-case-review-2019-02-25-redacted/

The Gonzales v. Earnest joint status report can be found here: http://nmpovertylaw.org/doc-873-joint-status-report-2019-05-01/

WHAT:
U.S District Court status conference on HSD compliance with court orders in Deborah Hatten Gonzales v. Brent Earnest, No. 88-385 KG/CG

WHEN:
Thursday, May 16, 2019 at 10:30 a.m.

WHERE:
United States Courthouse
4th Floor, North Tower, Mimbres Courtroom
100 N. Church Street
Las Cruces, New Mexico 88001

WHO:
New Mexico Center on Law and Poverty attorneys
Court Appointed Special Master Lawrence M. Parker
HSD Secretary and Attorneys

Court orders CYFD to lawfully manage Child Care Assistance Program

Department increased eligibility levels after families sued last year

SANTA FE—Working families will have increased access to much needed child care assistance as a result of a court order approving an agreement between working families and the New Mexico Children, Youth and Families Department. The order, entered by the First Judicial District Court in Santa Fe yesterday, mandates that CYFD will follow the law in managing New Mexico’s Childcare Assistance Program.

“Every family deserves access to quality child care while parents are at work or in school,” said Maria Griego, supervising attorney at the New Mexico Center on Law and Poverty. “Only a third of eligible families in New Mexico currently access child care assistance because the application process and eligibility requirements are inconsistent and confusing. The settlement is a critical opportunity for CYFD to improve the well-being of children. We look forward to working with this administration to fix long standing barriers.”

Several families and OLÉ, represented by the New Mexico Center on Law and Poverty, sued the department in September 2018, charging that CYFD illegally established a policy of denying child care assistance to families with incomes over 150% of the federal poverty level—a yearly income of $31,170 for a family of three—without publishing a regulation or going through the required public comment and hearing process. The lawsuit also argued that CYFD illegally failed to provide adequate notice to families about their child care benefits or establish a regulation that explains how CYFD determines the share of costs the family has to pay.

After the lawsuit, CYFD immediately increased eligibility for child care assistance to families with incomes up to 200% of the federal poverty level.

The court order requires CYFD to:

  • Maintain the current eligibility level until or unless CYFD lawfully passes regulations with public comment with a different eligibility level;
  • Put into regulation child care assistance eligibility requirements, including how CYFD calculates the amount of costs shared by parents;
  • Revise notices and forms that families receive or fill out in the application process;
  • Revise the manual CYFD workers use to determine eligibility for assistance;
  • Post eligibility information and application rights in all CYFD offices.

“We know that the earliest years in children’s lives are the most important in their development and lay the foundation for all that is to come,” said Traeshaun Buffin a community organizer at OLÉ. “The astronomical costs of child care prevent tens of thousands of New Mexican families with children from accessing meaningful work and educational opportunities. We’re so pleased that CYFD has agreed to stop denying eligible families the child care assistance they need and to adopt standards with public input to make the program affordable and predictable.”

The court order can be found here: http://nmpovertylaw.org/9-order-torres_2019_05_06/

The Torres v. Jacobson complaint can be found here: http://nmpovertylaw.org/torres-v-jacobson-first-amended-complaint-with-exhibits/

ACTION ALERT- Stop Trump’s attack on food assistance!

Federal food assistance was created to increase nutrition levels and eliminate hunger. However, a new rule proposed by the Trump administration threatens food assistance for more than 27,000 New Mexicans and 755,000 low income adults nationwide.

Federal law already requires that states limit SNAP eligibility to just three months out of every three years for unemployed and underemployed adults without dependent children unless they can document 20 hours of work a week.

Now the Trump administration has proposed to make the time limits even harsher with a rule that would prevent states from waiving these draconian time limits in areas with too few jobs.

Please tell the Trump administration to abandon this unfair rule!

New Mexico has implemented a statewide waiver of the time limits for decades because our unemployment levels have been more than 20 percent above the national average.

New Mexico has some of the highest rates of food insecurity in the United States, and SNAP has been a critical tool in addressing hunger. But counties like Catron, Cibola, McKinley, Mora, Sierra, Taos, and Torrance—with unemployment rates over seven percent—would likely no longer qualify for a waiver. The same would be true for most Native American communities in the state.

Protect food security in New Mexico and the nation by submitting your public comment! Deadline: April 2, 2019.

Submit your comment here: https://www.federalregister.gov/documents/2019/02/01/2018-28059/supplemental-nutrition-assis

Below is some content to include in your comment. To maximize its impact, make sure your comment has at least one third original text. 

Food for the hungry shouldn’t have a time limit!

  • This rule will only increase hunger. The adults who would be affected by the new rule are some of the lowest income of all SNAP participants. USDA data shows that those likely to be cut off by the time limit have average monthly income of about 17 percent of the poverty line.
  • There is no evidence that the rule increases employment or earnings, but data from states that implemented the time limit, show that the vast majority of adults simply lost SNAP benefits without finding employment.
  • Food banks and charities cannot fill the need. Roadrunner Food Bank reports that they have increased their distribution of food by 70 percent over the last ten years, but it is still not enough.
  • Losing SNAP hurts grocers and our local economies. SNAP benefits are spent at more than 1,588 authorized retailers in New Mexico, including grocers and local food retailers around the state. About $693 million of SNAP benefits were redeemed in New Mexico in 2016. The average New Mexico SNAP benefit in FY 2017 was $121. When multiplied by the 27,244 people who could lose benefits under the proposed rule, up to $3,296,524 federal dollars could leave the state.
  • New Mexico could lose more than $5.5 million in economic activity because SNAP dollars have a multiplier effect. $1.7 dollars is generated for every SNAP dollar spent.
  • Losing SNAP will mean an increase in public healthcare costs. A study published by the American Medical Association found that on average SNAP participation lowers an individual’s health care expenditures by approximately $1,447 per year.
  • The rule sidesteps Congress, which rejected these changes in the 2018 farm bill.
  • The rule is costly and difficult for New Mexico to administer. Governor Martinez attempted to implement these requirements despite New Mexico’s high unemployment. The federal court found that the state could not implement the requirements without terminating assistance to eligible adults.

More information about SNAP in New Mexico:
https://www.cbpp.org/research/food-assistance/a-closer-look-at-who-benefits-from-snap-state-by-state-fact-sheets#New_Mexico

Proposed Medicaid cuts would force New Mexicans to go without healthcare

ALBUQUERQUE—New Mexico’s Human Services Department proposed cuts to Medicaid would hurt families and violate federal law, said the New Mexico Center on Law and Poverty in comments submitted yesterday on the department’s Centennial Care 2.0 waiver proposal.

“Everyone needs access to healthcare coverage,” said William Townley, an attorney with the New Mexico Center on Law and Poverty. “But HSD’s proposed cuts to Medicaid would force many New Mexican families to go into debt or simply drop coverage. That’s bad news for all of us. We know that when people go without healthcare, it’s much harder for them to maintain their financial stability, be productive in the workforce, or continue their education.”

HSD’s proposal imposes new patient premiums on low-income adults living just above the poverty line. Research has shown that these fees will cause thousands of New Mexicans to lose healthcare coverage. For many low-income families, the proposed increase to $10 a month is prohibitive and would force them to choose between healthcare and other necessities like food, housing, and transportation.

Hospital bills are especially devastating for families on limited income, often ranging from $10,000 to over $100,000. Yet, HSD’s proposed cuts would also phase-out retroactive coverage, which pays for a Medicaid eligible person’s hospital and medical bills incurred up to three months before signing up for Medicaid. Phasing out retroactive coverage would put New Mexico’s families in jeopardy of severe medical debt and force healthcare providers to shoulder increased uncompensated care costs.

New Mexicans have voiced overwhelming opposition to HSD’s proposed cuts to Medicaid. Throughout the entire Centennial Care 2.0 waiver application process, patients, providers, stakeholders, researchers, advocates and community members were nearly unanimously opposed to these changes.

HSD’s proposed Medicaid cuts also violate federal law. The Centers for Medicare and Medicaid Services (CMS) can only approve waivers of federal Medicaid requirements that are listed under Section 1115 of the Medicaid Act. Provisions that govern cost-sharing, such as premiums, and retroactive coverage are outside of Section 1115, meaning CMS lacks legal authority to waive such requirements. CMS has not yet approved the regulatory changes proposed in HSD’s new regulations.

The Center’s comments can be found here: http://nmpovertylaw.org/wp-content/uploads/2018/10/NMCLP-Comment-on-HSDs-Medicaid-Cuts2018-10-25.pdf

 

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The New Mexico Center on Law and Poverty is dedicated to advancing economic and social justice through education, advocacy, and litigation. We work with low-income New Mexicans to improve living conditions, increase opportunities, and protect the rights of people living in poverty.

 

Proposed Public Charge rule would increase hunger and poverty in New Mexico

ALBUQUERQUE—New Mexico organizations are fighting the Trump administration’s reckless new attack on our families: a greatly expanded “Public Charge” rule that essentially turns the U.S. immigration system into a pay-to-play game that unfairly favors the wealthy. If the proposed rule were to go into effect, it would allow the government to deny green cards and visa renewals to lawfully present immigrants who participate in programs that help with basic needs like medical care, food, and housing.

In New Mexico, immigrants make up a large part of our communities. Nearly one in 10 New Mexicans is an immigrant, and one in nine have immigrant parents. New Mexico stands to lose as many as 2,700 jobs and nearly $400 million in economic activity because eligible New Mexicans will forego federal benefits that flow directly into our local economy.

“Trump Charge is yet one more example of this administration’s agenda to target and persecute our communities,” said Fabiola Bawden, community organizer from El CENTRO de Igualdad y Derechos. “We are proud of the economic, cultural, and social contributions that immigrant communities make in New Mexico and across the nation. We are ONE New Mexico and must continue to resist Trump’s attempts to push our families into further poverty, strip away legal protections that keep our families together, and rob us of the opportunity to fully integrate into the civic and economic life of the state and country we call home.”

Trump’s new rule dramatically expands the list of programs that jeopardize immigration status to include nearly all available basic need programs like Medicaid, housing assistance, and SNAP food assistance. Currently, the Public Charge rule only considers receipt of cash benefits and institutional care as a reason to deny lawfully present immigrants visa renewals or to deny their application for legal residency.

“No one should ever have to choose between putting food on the table and keeping their family together,” said Sovereign Hager, legal director of the New Mexico Center on Law and Poverty. “At least 77,000 U.S. children in New Mexico live with at least one immigrant parent and are in a family that receives basic assistance. Kids who get assistance with basic needs are healthier, do better in school, and earn more in the future. If this rule goes into effect, we will all face the consequences for generations to come.”

The rule is in a public comment period until December 10, 2018. The Department of Homeland Security must consider all comments before it publishes a final rule in order for there to be a change to immigration law or policy.

“The Trump administration continues to target immigrant communities,” said Eduardo García of the New Mexico Immigrant Law Center. “This is an effort to create confusion and fear among immigrants and discourage immigration and the use of benefits for immigrant families who qualify. We encourage all New Mexicans to submit comments against the proposed rule and stand up against this drastic change in policy.”

The new rule will not be retroactive, so the current use of food and medical benefits do not fall under the proposed rule. The groups recommend that people concerned about their immigration status continue participating in benefits programs and speak to an immigration attorney. If the rule is approved, it will not go into effect immediately after it is published. Families will have time to make decisions about benefits then.

“Through our daily work, we witness the devastating impact that poverty and the associated toxic stress have on individuals’ and families’ psychological and emotional well-being. The Trump administration is attacking a significant portion of the hardworking families in our communities,” said William Wagner, PhD, LCSW, Director of Centro Savila. “We cannot sit by while the Trump administration increases hunger, poverty, and sickness in our nation while handing out deep tax cuts to the rich. This endangers our families, communities, our state, and our country.”

“Thousands of New Mexico children – most of whom are U.S. citizens – will likely lose access to services because their parents will terminate their health insurance, food assistance, and more as a result of these proposed changes to the public charge definition,” said James Jimenez, executive director of New Mexico Voices for Children, a child advocacy organization. “It’s unconscionable that the Trump administration would take actions that will harm children across the nation.”

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Centro Savila improves the mental health of our community by ensuring access to linguistically and culturally relevant, quality mental health and prevention services, education and healthcare professional development.

EL CENTRO de Igualdad y Derechos is a grassroots, immigrants’ rights and workers’ justice organization based in Central New Mexico that works with Latino immigrant communities and allies to defend, strengthen, and advance the rights of Albuquerque’s communities.

The New Mexico Center on Law and Poverty is dedicated to advancing economic and social justice through education, advocacy, and litigation. We work with low-income New Mexicans to improve living conditions, increase opportunities, and protect the rights of people living in poverty.

New Mexico Immigration Law Center advances justice and equity by empowering low-income immigrant communities through collaborative legal services, advocacy, and education.

New Mexico Voices for Children champions  public policies that improve the well-being of New Mexico’s children, families, and communities in the areas of health, education, and economics through credible research and effective advocacy.