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 15, 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, an 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.
 

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

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

Senate farm bill protects New Mexico families’ access to SNAP  

ALBUQUERQUE— On Thursday, the U.S. Senate passed its farm bill, which protects and strengthens the Supplemental Nutrition Assistance Program (SNAP), by an overwhelmingly bipartisan vote of 86-11. The Senate’s bill is in stark contrast to the partisan House farm bill narrowly passed last week, which if passed, would restrict food assistance to millions of Americans and hundreds of thousands New Mexicans through cuts and harmful changes to SNAP.

The House and Senate will now need to negotiate a final farm bill before sending it to the White House for President Trump’s signature.

“The Senate farm bill strengthens SNAP and protects millions of Americans’ access to healthy food. This is great news for New Mexico where SNAP is of particular importance. Over 450,000 New Mexicans rely on SNAP to put food on the table, including 40 percent of the state’s young children,” said Maria Griego, supervising attorney at the New Mexico Center on Law and Poverty. “Congress should use the Senate farm bill as a basis for its final legislation. We urge our elected leaders to negotiate a final, bi-partisan bill that remains faithful to the Senate’s approach. We need a farm bill that grows income and employment opportunities for all Americans and bolsters, not weakens our country’s most effective anti-hunger program.”

The Senate bill would provide for modest improvements to SNAP’s operations and administration. It also would expand the 2014 farm bill’s pilot program to test new approaches to job training and other employment-related activities for SNAP participants.

Should a farm bill that is closer to the House’s version pass, up to 121,000 New Mexicans would face termination of SNAP, while tens of thousands of children and other family members would face reduced benefits for up to three years.

For more information on the House version of the 2018 farm bill and how the SNAP cuts would impact New Mexico, go to:  http://nmpovertylaw.org/2018/04/proposed-cuts-to-snap-in-house-farm-bill-would-take-food-off-the-table-for-new-mexico-families/

For more information on SNAP in New Mexico, go to: http://nmpovertylaw.org/proposed-budget-will-increase-hunger-and-inequality-in-nm-february-2018/

New Mexico families in danger of losing access to SNAP   

House Farm Bill passes

ALBUQUERQUE— The 2018 House Farm Bill, passed by the U.S. House of Representatives today, significantly cuts the Supplemental Nutrition Assistance Program (SNAP)—formerly known as food stamps—by more than $20 billion over the next ten years by shrinking eligibility for families, penalizing unemployed older adults, and other changes.

If passed by the U.S. Senate, the cuts will make it difficult for millions of Americans to access enough groceries and healthy food, and would be especially damaging to New Mexico, where over 450,000 people rely on SNAP to eat, including 40 percent of the state’s young children.

The following can be attributed to Sovereign Hager, Managing Attorney at the New Mexico Center on Law and Poverty:

“SNAP, the Supplemental Nutrition Assistance Program, is our country’s most successful hunger fighting program. It helps hundreds of thousands of struggling New Mexicans put food on the table and is of particular importance in the southern half of our state where almost one in four people participate in the program. But the new House Farm Bill cuts SNAP, and Congressman Steve Pearce, who represents District 2, voted again to increase food insecurity and hardship across New Mexico.

“Earlier this year, Congress passed a bill that gives $84 billion in tax breaks to the wealthiest one percent – enough money to fund the entire SNAP program which costs less than $60 million. Few in District 2 or in New Mexico will benefit from those tax cuts for the wealthiest, but at least 162,393 New Mexicans in Congressman Pearce’s district participate in SNAP. Should this legislation pass in the Senate, up to 121,000 New Mexicans would face termination of SNAP, while tens of thousands of children and other family members would face reduced benefits for up to three years.

“Some of these families will lose food assistance due to illogical new work requirements. Research shows that SNAP gives people the support they need to get back on their feet and that compared to people not receiving SNAP, unemployed SNAP participants are more likely, not less, to find work. Despite this clear data showing that it is completely backward to take food away from people who are struggling to find work, the House Farm Bill would force New Mexico to develop a large bureaucracy to track employment and unpaid work hours of people on SNAP and cut unemployed adults, including those with children over six years old.

“Our state elected leaders should know just how misguided such policies are. In 2014 and 2015, Governor Martinez experimented with the same expensive bureaucracy and harsh penalties here in New Mexico despite widespread opposition. The courts ordered the state to stop the program because the state couldn’t administer it without terminating food assisatnce for eligible families.

“The truth is most New Mexican families that can work, do work. Over half of the families who participate in SNAP in New Mexico are in working families. Families in our state receive SNAP for an average of just 14 months, making it a critical temporary support.

“Food is at the heart of our culture here in New Mexico, and in southern New Mexico, food and agriculture have deep roots. The congressional bill threatens not just our families but also our local economies and vibrant local food systems. Millions in SNAP benefits boost food purchases and creates jobs in food retail and agriculture. In fact, SNAP generates $1.70 of economic activity for every federal dollar spent. Over $650 million in SNAP benefits were spent at retailers in New Mexico last year.

“Instead of trying to cut SNAP, lawmakers should focus on bipartisan legislation that grows income and employment opportunities for all New Mexicans through policies that actually work. We urge Steve Pearce and other lawmakers to stop supporting such damaging legislation and instead to strengthen SNAP and ensure families across New Mexico can meet their basic needs.”

For more information on the 2018 Farm Bill and how the SNAP cuts would have impacted southern New Mexico, go to:  http://nmpovertylaw.org/2018/05/farm-bill-proposal-would-hurt-southern-new-mexico-economy-and-leave-families-hungry/

For more information on SNAP in New Mexico, go to: http://nmpovertylaw.org/proposed-budget-will-increase-hunger-and-inequality-in-nm-february-2018/

New Mexico families will not lose access to SNAP   

Farm Bill fails to pass

ALBUQUERQUE— Lawmakers rejected the 2018 Farm Bill today. The bill would have increased food insecurity by significantly cutting the Supplemental Nutrition Assistance Program (SNAP), formerly known as food stamps, by more than $20 billion over ten years. The cuts would have made it difficult for millions of Americans to access enough groceries and healthy food and would have had a particularly harmful impact on New Mexico, where one in four people rely on SNAP to eat, including one in three of the state’s children.

“We are relieved that the House voted to protect access to food for hundreds of thousands of New Mexicans, including children, low-wage workers, older adults, and people with disabilities,” said William Townley, an attorney with the New Mexico Center on Law and Poverty. “SNAP is New Mexico’s first defense against hunger and creates jobs in our agricultural and food industries. We hope Congress will move forward with legislation that bolsters our food assistance programs and ensures that no one in our communities goes hungry.”

Rep. Steve Pearce, who represents southern New Mexico’s District 2, voted in favor of the bill. SNAP has been vital in helping struggling southern New Mexicans afford basic nutrition. At least 162,393 New Mexicans in Pearce’s district participate in SNAP. Most of these families include children and nearly a third include senior citizens. Over half of the SNAP participants in District 2 are in working families.

41 organizations, including the New Mexico Pediatric Society, sent a letter this week to Pearce and Representatives Ben Ray Lujan and Michelle Lujan Grisham urging them to vote against the legislation. The letter can be found here: http://nmpovertylaw.org/farm-bill-snap-sign-on-letter-2018-05-15/

The signatories include:

New Mexico Center on Law and Poverty
El CENTRO de Igualdad y Derechos
Equality New Mexico
Interfaith Worker Justice – New Mexico
National Education Association- New Mexico
Ojo Sarco Community Center
Rio Grande Food Project
RISE Stronger New Mexico
La Semilla Food Center
Santa Maria de la Vid Abbey
Food Bank of Eastern New Mexico
Interfaith Hunger Coalition
The Community Pantry
New Mexico Pediatric Society
National Center for Frontier Communities
New Mexico Asian Family Center
Senior Citizens Law Office
Freeman House
Prosperity Works
Lutheran Advocacy Ministry-New Mexico
New Mexico Voices for Children
National Union of Hospital and Healthcare Employees- District 1199NM
New Mexico Coalition to End Homelessness
Mesilla Valley Community of Hope
Casa Milagro
Enlace Comunitario
Southwest Women’s Law Center
New Mexico Academy of Nutrition and Dietetics
Crossroads for Women
Roadrunner Food Bank of New Mexico
New Mexico Children Advocacy Networks
Encuentro
OLÉ Education Fund
Pegasus Legal Services for Children
Strong Families NM of Forward Together
Transgender Resource Center of New Mexico
National Center for Frontier Communities
Southwest Center for Health Innovation
Center for Civic Policy
NM CAFé (Comunidades en Acción y de Fe)
New Mexico Community Health Worker Association

For more information on the 2018 Farm Bill and how the SNAP cuts would have impacted New Mexico, go to: http://nmpovertylaw.org/2018/04/proposed-cuts-to-snap-in-house-farm-bill-would-take-food-off-the-table-for-new-mexico-families/

For more information on the 2018 Farm Bill and how the SNAP cuts would have impacted southern New Mexico, go to:  http://nmpovertylaw.org/2018/05/farm-bill-proposal-would-hurt-southern-new-mexico-economy-and-leave-families-hungry/

For more information on SNAP in New Mexico, go to: http://nmpovertylaw.org/proposed-budget-will-increase-hunger-and-inequality-in-nm-february-2018/

Farm Bill proposal would hurt southern New Mexico economy and leave families hungry

ALBUQUERQUE — The cuts to food assistance proposed in the 2018 House Farm Bill, which could be voted on as early as next week, would have a particularly harmful impact on southern New Mexico’s Congressional District 2. The district is in an agricultural and rural part of the state where almost one in four people participate in the Supplemental Nutrition Assistance Program (SNAP), formerly known as food stamps, to buy groceries and healthy food.

Rep. Steve Pearce has voiced his support for the proposed SNAP cuts in the Farm Bill, which would cut funding for SNAP by $20 Billion over the next ten years by cutting eligibility for families, penalizing people looking for work, and other changes.

“We need a Farm Bill that actually supports farmers and our shared work to eliminate hunger in the community,” said George Lujan, executive director of SouthWest Organizing Project (SWOP). “Southern New Mexico is one of the most prolific agricultural regions in the country where we grow many of our most popular traditional foods. There’s no reason for a high instance of hunger in an area where food has such deep cultural and historical roots. We need to make sure our policy decisions are in line with our shared belief that everyone has enough to eat in our community.”

SNAP has been vital in helping struggling southern New Mexicans afford a basic diet. At least 162,393 New Mexicans in Pearce’s district participate in SNAP. Most of these families include children and nearly a third include senior citizens. Over half of the SNAP participants in District 2 are in working families.

“Roadrunner Food Bank is deeply concerned about the House Agriculture Committee’s Farm Bill legislation. The bill’s severe cuts to the SNAP program will lengthen the lines at our pantries, soup kitchens, and other sites that serve hungry people,” said Mag Strittmatter, president and CEO of Roadrunner Food Bank. “Deep cuts to SNAP will negatively impact the people we serve and increase hunger in our community. We want to see a strong Farm Bill that protects the hungry as well as struggling farmers and rural communities, but this bill as drafted would only worsen hunger and make it harder for children, seniors, and families to access food assistance.”

If the Farm Bill passes, it would cut SNAP eligibility by reducing the net income limits from 165 percent to 130 percent of the Federal Poverty Level and removing any options for New Mexico to increase the eligibility level. It would also add bureaucratic requirements removed decades ago like requiring New Mexicans to provide their utility bill to their local Income Support Division office.

“Federal Nutrition programs like SNAP account for 80 percent of the Farm Bill, and this Congress is seeking to slash it by $20 Billion. The local impact would be devastating. In Dona Ana County alone, over 60,000 of our neighbors are recipients of SNAP benefits,” said Krysten Aguilar, director of operations and policy advocacy at La Semilla Food Center. “This bill targets our most vulnerable families and children and attacks their ability to eat.”

Aguilar continued, “SNAP benefits generate $1.70 of economic activity for every federal $1 spent, so not only is the program working to feed people, it is creating jobs and stimulating our local economy. This bill is cruel, senseless, and economically unsound.”

SNAP program cuts would decrease economic activity in southern New Mexico, where SNAP benefits boost food purchases spent at local grocers and farmer’s markets by hundreds of millions of dollars a year. On average, SNAP participants in New Mexico receive $121 a month in benefits. That amounts to $19 Million spent in local businesses across Southern New Mexico each month.

The Farm Bill does nothing to increase employment or wages, but proposes a one-size-fits-all work hour requirement for an expanded number of adults that would force states to develop large new bureaucracies. Unemployed or underemployed adults, including those with children over 6 years old, would be cut off of SNAP for up to three years if they cannot comply with the requirements.

New Mexico had a similar program from 2011 to 2016. Data from HSD showed that the majority of participants lost food benefits and there were no improvements in earnings or employment. In fact, the state’s administration of the program was so poor, a federal judge ordered the state to cease implementation.

“We know SNAP works in New Mexico. Cutting it would take food away from people struggling to make ends meet, and from children and working people,” said William Townley, an attorney at the New Mexico Center on Law and Poverty. “It is completely backward to take food away from people who are struggling to find work or are unable to work. Instead, Congress should work together on legislation that provides meaningful job training and jobs with wages families can actually live on.”

New Mexico has consistently qualified for a statewide waiver of any federal penalties on unemployed adults because New Mexico has persistently high unemployment compared with the national average. Under the new bill, most of New Mexico would no longer qualify for a waiver.

The Farm Bill, a piece of legislation renewed every five years, includes the budget for food and agriculture programs, such as crop insurance and subsidies, rural development, SNAP, and other nutrition programs.

For more information on SNAP in New Mexico, go to: http://nmpovertylaw.org/proposed-budget-will-increase-hunger-and-inequality-in-nm-february-2018/

For information on SNAP participants in District 2 by county, go to: http://nmpovertylaw.org/snap-participants-and-total-pop-dist-2-table/

Proposed cuts to SNAP in House Farm Bill would take food off the table for New Mexico families

ALBUQUERQUE, NM — The House Farm Bill, released yesterday, proposes significant cuts to the Supplemental Nutrition Assistance Program (SNAP), formerly known as food stamps, by cutting eligibility for families, penalizing unemployed adults, and other changes. The cuts would make it difficult for millions of Americans and hundreds of thousands of New Mexicans to access enough groceries and healthy food. The bill would have a particularly harmful impact on New Mexico, where one in four people rely on SNAP to eat, including 40 percent of the state’s young children.

“We have a shared responsibility to make sure our neighbors and members of our community all have enough to eat and can access healthy food. But these shameful changes to SNAP literally take food off the table for people trying to get by,” said William Townley, an attorney at the New Mexico Center on Law and Poverty. “It is completely backward to take food away from people who are struggling to find work. We know that participating in SNAP helps people get on their feet when they are unemployed.”

SNAP is the nation’s and New Mexico’s most effective anti-hunger program. It helps struggling families and workers access enough food to eat. The vast majority of SNAP participants, 74 percent, are in families with children and 51 percent are in working families. The remainder, 26 percent, are in families with members who are elderly or have disabilities. New Mexico families receive SNAP for an average of 14 months, making it a critical temporary support.

The Farm Bill would cut eligibility for SNAP for hundreds of thousands of families by reducing the income limits from 165 percent to 130 percent of the Federal Poverty Level and removing any options for New Mexico to increase the eligibility level. It would also add bureaucratic requirements that had been removed decades ago, such as requiring New Mexicans to provide their utility bill to their local Income Support Division office.

The proposed bill would require states to mandate and administer an unpaid work program for unemployed adults between the ages of 18 and 59, including families with children over six years old. Federal law would no longer permit states to design and implement their own work programs. Up to 121,000 New Mexicans would face termination of SNAP, while tens of thousands of children and other family members would face reduced benefits for up to three years.

Currently, only adults age 18 to 49 without children can be required to do work hours if they are unemployed and waivers are available for areas of high unemployment. New Mexico has consistently qualified for a waiver of any federal work requirements because New Mexico has persistently high unemployment compared with the national average. Under the new bill, most of New Mexico would no longer qualify for a waiver.

The changes to federal food assistance programs would also impact Native American communities in New Mexico, which include 23 sovereign nations. The proposed Farm Bill seeks to eliminate federal requirements that people receiving food assistance on Native American reservations be surveyed to determine which traditional foods are most common in the community.

“Native American nations have the right to govern their affairs and protect the health and well-being of their peoples,” said Cheryl Fairbanks, interim executive director of the Native American Budget and Policy Institute. “Not only do the proposed cuts in the Farm Bill violate the rules and trust between tribal sovereigns and the federal government, they would increase hardship for Native Americans families. We need to make sure that all of our kids have their basic necessities met.”

As of February 2018, 75,637 SNAP participants in New Mexico were Native American. The federal government must engage in government to government consultation prior to changing federal food programs that impact Native Americans. Pueblo, Navajo, and Apache governments must be able to determine the best way to address food security in their own communities.

“We know SNAP works in New Mexico. Cutting it would take food away from people struggling to make ends meet, and from children and working people,” said Townley. “When you are looking for a job, you need to be able to eat.”

The Farm Bill, a piece of legislation renewed every five years, includes the budget for food and agriculture programs, such as crop insurance and subsidies, rural development, SNAP, and other nutrition programs.

For more information on SNAP in New Mexico, go to: http://nmpovertylaw.org/proposed-budget-will-increase-hunger-and-inequality-in-nm-february-2018/

Court finds management problems prevent HSD from fixing food and medical benefits applications

ALBUQUERQUE—A federal court found that lack of leadership and accountability in the New Mexico Human Services Department prevents it from fixing entrenched problems in food and medical benefit administration.

In a ruling issued late yesterday, U.S. District Court Judge Kenneth Gonzales set a series of deadlines for HSD compliance with court ordered reforms and required the appointment of knowledgeable subject matter experts in supplemental nutrition assistance program (SNAP), Medicaid, and eligibility for families that include immigrants in the department’s Income Support Division.

“We’re very hopeful that this ruling will lead to much needed changes in the department’s leadership,” said Sovereign Hager, managing attorney at the New Mexico Center on Law and Poverty. “For there to be permanent improvement in administration, the Human Services Department leadership must have expertise and management abilities that give front line workers the tools they need to ensure New Mexicans can get food and medical assistance. HSD is still not processing applications in time, leaving too many children and families unable to access basic necessities.”

In September 2016, Judge Gonzales held the 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.

Despite court orders and the expertise provided by the Special Master, HSD continues to improperly deny eligible New Mexicans food and medical assistance and does not provide timely information about case decisions. Each month the department develops a backlog of unprocessed cases, a large share of phone calls go unanswered, and workers are not accurately trained on the requirements for processing food and medical assistance applications.

In his ruling yesterday, the judge agreed with the Special Master’s January 2018 report finding that the current HSD management team lacks the sufficient “knowledge, skills, and abilities” necessary to ensure families receive information about their cases and get the assistance they need to eat and see the doctor.

The judge also found that the Income Support Division Director demonstrated “woefully” little knowledge of the court ordered changes to improve processing food and Medicaid applications despite the significant impact they had on the division’s mission and work.

The judge was also troubled by the ISD Director’s lack of knowledge of standard memoranda issued by her division, training procedures, and her admitted failure to speak with the Regional Operations Managers on how to address improving timeliness and efficiency.

“We hope the state will make the management changes that will end the need for such extensive oversight through the courts,” said Hager. “New Mexicans who are going through significant hardships shouldn’t have to fight with the state to get the food and medical care they need.”

Center attorneys working on the Deborah Hatten Gonzales v. Brent Earnest lawsuit include Sovereign Hager, Gail Evans, and Maria Griego. Civil rights attorney, Daniel Yohalem is lead counsel on the case.

The court’s ruling can be found here: http://nmpovertylaw.org/wp-content/uploads/2018/04/Doc.-836-Memorandum-Opinion-and-Order-2018-04-05-00000003.pdf

The New Mexico Center on Law and Poverty responds to Trump’s proposed cuts to food assistance

ALBUQUERQUE, NM—The New Mexico Center on Law and Poverty condemns President Trump’s 2019 budget proposal that slashes the Supplemental Nutrition Assistance Program (SNAP), formerly known as food stamps, by $213 billion. The proposal would replace SNAP food dollars for households receiving over $90 a month in benefits with a shelf stable box of foods. With the proposed 30 percent cut to the program over the next ten years, New Mexico would also stand to lose $207.9 million to the state economy.

The following quote can be attributed to New Mexico Center on Law and Poverty Managing Attorney Sovereign Hager:

“In New Mexico and in our country, we have a shared commitment to make sure that no one in our community goes hungry. It is shocking that this administration would propose a shameful budget that would literally take food off the table for our children and families. The cuts would have an outsized impact on our state where one in four New Mexicans participate in SNAP, including 40 percent of our kids. The cuts to these food benefits would not only mean that more New Mexicans won’t have enough to eat, they would also increase poverty and inequality and make it harder to succeed in today’s economy.

“By any measure, the SNAP program has been a huge success. It’s long been our first line of defense against hunger and has other positive economic and health outcomes. Research shows SNAP contributes positively to children’s brain development, and children who participate in SNAP are healthier, do better in school, and have increased earnings over time. SNAP also greatly contributes to our local economy through an exemplary public-private partnership. SNAP dollars are spent in local food retailers across New Mexico contributing hundreds of millions in economic activity.

“What’s more, the proposed replacement of electronic benefit cards with government-issued canned food strips people of the basic dignity of being able to buy their own groceries just like everybody else. Rather than shaming people, the government should be shoring up the SNAP program to make sure that our neighbors and families all have enough to eat. What this administration seems to be doing instead is suggesting that children, the elderly, and disabled people should fund tax cuts for the wealthy. Our members of Congress should reject this indefensible proposal.”

For more information on SNAP in New Mexico, go to: http://nmpovertylaw.org/proposed-budget-will-increase-hunger-and-inequality-in-nm-february-2018/