ACTION ALERT: Tell the Trump administration not to cut SNAP

We have a shared commitment in our country that no one should ever go hungry, but a new rule proposed by the Trump administration would cause approximately 12,261 New Mexicans to lose food assistance. The rule is so draconian, it  would drop thousands of children from  free and reduced school lunch across the state. 

We need your help to let the Trump administration know that you oppose this attack on New Mexico’s families! Submit your public comment by Monday, September 23.

The rule cuts food assistance by eliminating state ability to increase the gross income test for SNAP. Currently, states have the flexibility to set this test between 130% and 200% of the federal poverty level. New Mexico currently sets the gross income limit at 165% of the federal poverty level. 

In New Mexico over 6,639 single parents, including 2,961 single parents in school and 5,607 children are among those who would lose food benefits. Children who receive SNAP food assistance are categorically eligible for free and reduced lunch and are automatically enrolled. Children cut off of SNAP would lose this enrollment option.. 

Cuts to federal food assistance also hurt our local economy. Over $30 million in economic activity will be lost if New Mexicans lose federal food benefits under this rule. 

The proposal would also end streamlined enrollment options that reduce paperwork for families who are already receiving services funded by New Mexico’s Temporary Assistance for Needy Families Program. Under the proposal, these families would no longer be exempt from the burdensome requirement to document assets.. 

New Mexicans have fought back against similar policies proposed by the Martinez administration, and made it clear that we should fight hunger not hungry people. 

Deadline to submit your public comments: September 23, 2019. 

Submit your comments here: https://www.regulations.gov/document?D=FNS-2018-0037-0001 

What to include in your comment: 

Use the outline below to draft a comment that reflects your opposition to the rule. It does not have to be long or detailed. However, please write some original text to maximize the impact. 

1. Say you oppose the proposal: 

  • I strongly oppose the proposed rule that will take food assistance away from families. 

2. Explain the impact of the proposal on your community: 

  • If the Trump Administration implements the rule, approximately 12,261 New Mexicans will lose food assistance that includes 5,607 children. 
  • One in five New Mexicans participate in the SNAP program. 
  • New Mexico has the highest rate of food insecurity in the nation. According to 2019 USDA Economic Research Service data, 16.8% of New Mexico’s households are food insecure. 
  • The rule jeopardizes access to free and reduced lunch, because kids who are eligible for SNAP are also eligible for automatic enrollment free and reduced school lunch. 
  • The rule will cause a loss of approximately $30 million in economic activity, and SNAP dollars are spent in the local economy. 

3. Explain why the policy is wrong: 

  • The proposal runs contrary to the purpose of SNAP, which is to “safeguard the health and well-being of the Nation’s population by raising levels of nutrition among low-income households.” 
  • Losing SNAP can mean an increase in 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 $1,447.00 per year. 
  • Families who work for low wages, or who cannot find enough work hours, will be expected to go hungry.

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/

Judge Holds NM Human Services Chief in Contempt

human-services-departmentOriginally published in the Albuquerque Journal September 28, 2016
https://www.abqjournal.com/854783/judge-finds-contempt-in-hsd-legal-case.html

SANTA FE – A federal judge held New Mexico’s top human services official in contempt Tuesday for failing to comply with court orders aimed at improving the administration of food aid and Medicaid health care benefits.

The contempt order against Human Services Secretary Brent Earnest by U.S. District Court Judge Kenneth Gonzales upheld findings that the cabinet secretary did not diligently attempt to comply with court orders concerning the handling of Medicaid benefit renewals, eligibility for immigrants, training for agency employees and other administrative requirements.

The judge, in his Tuesday order, also said objections filed by the agency were without merit and that the overall direction of the case was troubling.

“It remains clear that HSD and its officials have failed to exercise the leadership, control and managerial oversight to effectively come into compliance with the court orders,” Gonzales wrote.

However, a spokesman for the Human Services Department, which runs the federally funded Supplemental Nutrition Assistance Program, or SNAP, took issue with at least part of the judge’s order.

“We strongly disagree with the judge’s characterization of the department, which doesn’t take into account all of our efforts to resolve long-standing issues – some of which are three decades old and occurred under several administrations,” HSD spokesman Kyler Nerison said. “However, we are pleased that the court has agreed with us to bring in an outside monitor to help resolve those issues.”

“Regardless, we are going to continue providing services to New Mexicans who need it the most,” he added.

The contempt finding accompanies the judge’s earlier approval of plans for a court-appointed special master to help ensure federally funded benefits are administered properly amid internal investigations by state and federal agencies into allegations that food aid applications were falsified.

The civil contempt order carries no additional sanctions or penalties.

Sovereign Hager, an attorney at the New Mexico Center on Law and Poverty and advocate for aid beneficiaries in the litigation, said the order sends a strong message nonetheless.

“I think this is a message that if things don’t work out with a special master and the state doesn’t come into compliance, the court will look to harsher remedies,” she said.

New Mexico has one of the nation’s highest poverty rates, and there were more than 536,000 New Mexicans receiving food assistance benefits under SNAP, which was formerly known as food stamps, as of July, according to HSD. That figure was up by more than 7 percent – or nearly 36,000 people – from a year earlier.

The judge’s contempt order is the latest twist in a 1988 lawsuit. Earlier this year, a series of hearings were conducted by U.S. Magistrate Judge Carmen Garza, who had been tasked with monitoring compliance with a consent decree in the lawsuit and previous court orders.

Those hearings showed potential problems with the SNAP program, including testimony that state intake workers had been ordered to falsify income for some applicants, effectively denying them emergency benefits.

The testimony prompted criticism of Gov. Susana Martinez’s administration by top legislative Democrats and party officials, including a call from Sen. Gerald Ortiz y Pino, D-Albuquerque, the chairman of the interim Health and Human Services Committee, for Earnest to resign.

Earnest took over as HSD secretary – after Martinez picked him for the job – in December 2014 after the agency’s former secretary stepped down.

Read the Order from Judge Gonzales here.

Human Services Department withdraws new hurdles to food assistance – for now…

Last week, the Human Services Department withdrew proposed changes to work requirements for food assistance, conceding that the Department could not legally implement the new rules.

This about-face was a direct result of our lawsuit challenging the illegal process that the state used to implement the new requirements. The New Mexico Center on Law and Poverty and the Southwest Organizing Project, along with New Mexicans in need of food assistance, filed this suit on October 31st. Our case outlined how the Department failed to follow proper procedure when it did not make the full proposal available for public review. Additionally, the information that was released contained inaccurate descriptions of the rule changes and contradictory statements about how a person can fulfill the requirements, making it impossible for New Mexicans to comply.

A Santa Fe District Court judge found merit with the concerns we voiced and issued a temporary restraining order, meaning that the proposed changes would not go into effect until a full hearing could be held. Just hours before that hearing, Department attorneys advised the Center and SWOP that the state was withdrawing the proposal. On the same day, we learned that Human Services Department Secretary Sidonie Squier had resigned.

We believe the Human Services Department intends to reissue the new regulations, which include imposing harsh penalties on those who cannot meet the requirements: adults who do not understand and follow the rules could lose access to food assistance for the next 3 years, and other families could lose benefits for up to one year, devastating punishments for those struggling to eke out a living. We will continue to watch for these policy changes in order to defend this vital safety net.