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/

Landmark Education Trial Against State of New Mexico Ends

Families & School Districts Assert that Students’ Constitutional Rights are being Violated

SANTA FE, NM – Today marks the last day of testimony in an eight-week trial against the state of New Mexico, in a case that alleges the State has violated the constitutional rights of its public school students.

The consolidated lawsuit, which was filed by the New Mexico Center on Law and Poverty (the Center) and MALDEF (Mexican American Legal Defense and Educational Fund), claims that the State’s arbitrary and inadequate funding of public schools, and lack of necessary monitoring and oversight, deprives children—particularly low-income, Native American, and English language learner students—of a sufficient education, in violation of the New Mexico Constitution.

“It was very clear from the defense that the State is in denial about the educational crisis that New Mexico students face,” said Marisa Bono, MALDEF Southwest Regional Counsel. “We look forward to a ruling from the Court that will force the State to stop fiddling while Rome burns, and start providing equal educational opportunities to all students.”

Through the course of the trial, a number of respected national and state experts provided testimony about how New Mexico’s public school system is in crisis. They provided data about the State’s dismal education outcomes, most notably that three out of four students cannot read or write at grade level and two-thirds cannot do math at grade level, that graduation rates are among the lowest in the nation, and a majority of New Mexico graduates are not college and career ready.

“We heard from superintendents from across the state who testified that the lack of resources and quality programs available to schools is harming their students,” said Preston Sanchez, attorney at the Center. “They can’t afford the types of programs they know work, can’t purchase up to date materials and textbooks, can’t provide sufficient afterschool programs, teacher training and even buses.”

Educators and school leaders from across the State discussed the distinct needs of New Mexico’s large population of English language learners and the importance of expanded access to quality bilingual/multicultural education programs and properly trained teachers. PED’s own expert admitted that the State does not provide oversight or monitoring for thousands of English language learners in the State.

Witness testimony addressed the ways in which historical and current injustices have led to disparate outcomes for Native students and English language learner students. Expert witnesses reiterated the need for culturally and linguistically relevant programming as an evidence-based means to improve student performance.

Furthermore, testimony was offered about what steps should be taken to fundamentally improve academic outcomes and close the achievement gap. It was virtually undisputed that high quality preschool and extended learning opportunities like the K-3 Plus Program, which adds 25 more days to the school year for elementary school students, are necessary to ensure that that low income and ELL students start school ready, yet a majority of eligible children in the State do not have access to such programs. Others spoke to the importance of wraparound services in a high poverty state like New Mexico, such as access to social workers and counselors, tutors, and on campus healthcare services that are necessary to mitigate the impact of poverty on learning

Defense witnesses testified under cross examination that the state has made policy choices over the past decade that have benefited higher income New Mexicans and corporations and resulted in a loss of hundreds of millions of dollars in state revenue every year. Defense experts also acknowledged that students who attend high-poverty schools have less access to effective teachers, but the State has failed to provide adequate resources to provide the mentoring and training that teachers need to improve, and the proper compensation for effective teacher recruitment and retention strategies.

The Center’s lawsuit, Yazzie v. State of New Mexico, was filed in March 2014 on behalf of a group of families and school districts including Gallup-McKinley, Rio Rancho, Santa Fe, Cuba, Moriarty/Edgewood, and Lake Arthur. The families represented have children who are English language learners (ELL), Native American or economically disadvantaged and have been negatively impacted by the lack of resources provided to New Mexico public schools. (Click here for information on the case and plaintiff profiles).

The Martinez lawsuit was brought on behalf of parents and public school children from Española, Santa Fe, Albuquerque, Zuni, Magdalena, Las Cruces and Gadsden. It was filed in April 2014 by MALDEF following extensive discussions with community groups, local leaders, and parents in New Mexico concerning chronic achievement gaps on standardized tests and other systemic failures. State attorneys sought to dismiss the lawsuit, but the court denied the request and ruled for the first time in New Mexico’s history that education is a fundamental right. (Click here for a fact sheet on the case and a timeline of significant dates.)

The trial for the consolidated lawsuit began on June 12, 2017. It calls for the court to declare the current system of public education constitutionally insufficient, and order the state to provide the programming and resources necessary for all public school students to succeed, as well as ensure that funds are distributed equitably, including for economically disadvantaged and ELL students.

The Center’s legal counsel on the case include Gail Evans, Preston Sanchez, Lauren Winkler, and Christopher Sanchez of the Center along with co-counsel Daniel Yohalem and Mark D. Fine. MALDEF’s lead counsel is Marisa Bono, Southwest regional counsel, and legal counsel include staff attorneys Ernest Herrera and Jack Salmon; E. Martin Estrada, Nick Sidney and Jessica Baril with Munger, Tolles & Olson; Alejandra Avila of Fried, Frank, Harris, Shriver & Jacobson, and David Garcia.

State District Court Judge Sarah Singleton has requested that parties submit post-trial briefing and is expected to make a ruling on the case this fall or winter.

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The mission of the New Mexico Center on Law and Poverty is to advance economic and social justice through education, advocacy, and litigation. The Center works with low-income New Mexicans to improve living conditions, increase opportunities, and protect the rights of people living in poverty. Underlying its mission is a vision of New Mexico without poverty, where all peoples’ basic human rights are met. For more information on the Yazzie lawsuit, including plaintiff profiles, please visit: http://nmpovertylaw.org/our-work/education-2/. For media inquiries, please contact Maria Archuleta at (505) 255-2840 or MariaA@nmpovertylaw.org.

Founded in 1968, MALDEF is the nation’s leading Latino legal civil rights organization. Often described as the “Latino Legal Voice for Civil Rights in America,” MALDEF promotes social change through advocacy, communications, community education and litigation in the areas of education, employment, immigrant rights and political access. For more information, on MALDEF, please visit: www.maldef.org. For media inquiries, please contact Tony Marcano at (213) 629-2512 ext. 128 or amarcano@maldef.org