Bernalillo County champions ‘Medicaid Buy-in’

County Commissioners moved by local and statewide support for innovative solution

BERNALILLO COUNTY–The Bernalillo County Board of Commissioners, after hearing from NM Together for Healthcare leaders from Bernalillo County, passed a resolution today that supports the state’s commitment to exploring an innovative proposal to allow New Mexicans to purchase health insurance coverage through Medicaid — including to those who do not currently qualify for Medicaid or cannot afford to use their current insurance.

“The Medicaid Buy-in plan is important because insurance is very expensive, and all New Mexicans need healthcare coverage,” said Reyna Tovar, a Partnership for Community Action healthcare advocate and Bernalillo County resident. “When my husband was unemployed, we did not have health insurance. When he found a new job, he had to wait six months until he qualified for health insurance through his employer. We did not have coverage during this time because we made too much for Medicaid and Obamacare was too expensive to use.”

Since July, policymakers and community members have been working together to develop this affordable healthcare solution through statewide roundtables and the passing of similar resolutions through local governments like the City of Sunland Park, Doña Ana, and McKinley County. During the 2018 legislative session, Medicaid Buy-in memorials passed with bipartisan support in the New Mexico House and Senate.

Medicaid already covers over 850,000 New Mexicans, including over 228,065 Bernalillo County residents. The plan would expand Medicaid for all New Mexican’s to buy into, providing low-cost coverage for the over 54,000 Bernalillo County residents who are still uninsured. It would also provide affordable health insurance to individuals who are not eligible for Medicaid due to income, immigration status, and for those who have healthcare coverage but cannot afford to use it.

“A Buy-in program would build upon Medicaid’s strong foundation to ensure that families do not have to choose between death and financial ruin,” said Lan Sena, a resident of Bernalillo County and a Strong Families New Mexico healthcare advocate. “My grandfather, an immigrant, could not get Medicaid when he had cancer and died because he could not afford treatment. I have cancer too, and even though I have insurance, I still cannot afford my treatments.”

“I have to choose whether to pay for healthcare insurance or gas for my car,” said Tovar. “Many people don’t qualify for Medicaid or earn slightly too much for Medicaid and cannot afford to pay for healthcare on their own.”

Bernalillo County will share the resolution with state legislators and include this resolution in their legislative requests for the upcoming 2019 session.

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NM Together for Healthcare is a statewide, multiracial campaign of families and community organizations working together to strengthen healthcare access in New Mexico supported by Strong Families New Mexico, Partnership for Community Action, New Mexico Center on Law and Poverty, and Health Action New Mexico. For information, visit http://nmtogether4health.org/ or email: nmtogether4healthcare@gmail.com.

Press conference on Monday on Yazzie/Martinez education ruling

District court rules the State of New Mexico violates students’ constitutional rights

The New Mexico Center on Law and Poverty and MALDEF (Mexican American Legal Defense and Educational Fund) will hold a press conference and a teleconference press briefing Monday to discuss the ruling in their consolidated lawsuit against the State of New Mexico (Yazzie v. State of New Mexico and Martinez v. State of New Mexico). The district court has ruled that the state fails to provide all public school students a sufficient education in violation of the New Mexico Constitution.

PRESS CONFERENCE INFORMATION

WHEN:     
Monday, July 23, 2018 at 10:00 a.m. MT

WHO:      
Center attorneys, MALDEF attorneys, education stakeholders, educators, parents, and students

WHERE:    
Washington Middle School Park
Northwest corner of Park SW and 10th Street SW
Albuquerque, NM 87102
See map at: https://goo.gl/maps/yLtVzHEpeJw

Join the press conference on Facebook Live: https://www.facebook.com/nmcenteronlawandpoverty/

TELECONFERENCE INFORMATION

WHEN:      
Monday, July 23, 2018 at 11:30 a.m. MT

WHO:     
Gail Evans, lead counsel, the Center
Preston Sanchez, attorney, the Center
Ernest Herrera, staff attorney, MALDEF
E. Martin Estrada, partner at Munger, Tolles & Olsen LLP and co-counsel to MALDEF
Veronica Garcia, superintendent, Santa Fe Public Schools

DIAL-IN:
877-830-2589 or 785-424-1736
Conference ID: New Mexico

WHY:         
The district court in Santa Fe has ruled that the state is responsible for failing to provide adequate educational opportunities to all public school children. The lawsuit brought by New Mexican families and six school districts asserts that the State of New Mexico’s inadequate funding of public schools and lack of necessary oversight deprives children – particularly low-income, Native American and English language learner students – of the education necessary to be ready for college, career, and civic life.

The ruling can be found here: http://nmpovertylaw.org/order-decison-2018-07-20/

Judge rules New Mexico violates public school students’ constitutional right to sufficient educational opportunities

SANTA FE, NM – July 20, 2018 – A state court ruled today that New Mexico’s education system violates the state constitution because it fails to provide students a sufficient public education.

Families and school districts in the consolidated lawsuit Yazzie v. State of New Mexico and Martinez v. State of New Mexico sued the state for failing to provide public school students with a sufficient education as mandated by the state’s constitution. The lawsuit challenged the state’s arbitrary and inadequate funding of public schools as well as its failure to provide students with the programs and services needed to be college, career and civic ready. It alleged that the lack of necessary monitoring and oversight deprived students of the resources and services they need to succeed—particularly low-income, students of color, including Native American, English-language learners, and students with disabilities.

The plaintiffs are represented by the New Mexico Center on Law and Poverty (the Center) and MALDEF (Mexican American Legal Defense and Educational Fund).

“We are extremely gratified that the court has ruled in favor of children and families and recognizes the State’s failure to provide all of New Mexico’s public school students a sufficient education,” said Ernest Herrera, a MALDEF staff attorney. “Now, the State can no longer deny its legal responsibility to all New Mexico’s students.”

In her ruling, First Judicial District Court Judge Sarah Singleton affirmed the plaintiffs’ claims, stating:

“Therefore, the Defendants will be given until April 15, 2019, to take immediate steps to ensure that New Mexico schools have the resources necessary to give at-risk students the opportunity to obtain a uniform and sufficient education that prepares them for college and career. Reforms to the current system of financing public education and managing schools should address the shortcomings of the current system by ensuring, as a part of that process, that every public school in New Mexico would have the resources necessary for providing the opportunity for a sufficient education for all at-risk students.”

Gail Evans, lead counsel on the case for the Center, shared, “We owe it to the hundreds of thousands of children across New Mexico, in this generation and the next, to ensure the court’s ruling is implemented without delay. Now is the opportunity to transform public schools—the state knows what it needs to make available to our students: a quality education that is culturally and linguistically responsive and the necessary resources to make opportunities possible for all children who need them.”

During the eight-week trial, which began in June 2017, educational experts provided the Court testimony about the needs of New Mexico students and the systemic deficiencies undermining student success. Many school superintendents testified that their districts lack resources, quality programs, and state support, which also includes collaboration between districts and tribal communities.

“I just want my son to be prepared for life, to get a good job, learn strong ethics, and get life skills,” said James Martinez, a plaintiff in the Yazzie case. “My son just tested as gifted, but his school doesn’t have the curriculum or resources to push him to his full potential. The kids who are falling behind have it much worse. All kids should have the same opportunity to learn, progress, and succeed. The only way we can do that is by fixing our public schools and giving all kids a chance.”

Seventy percent of New Mexico students cannot read or write at grade level, 80 percent cannot do math at grade level and graduation rates are among the lowest in the nation, according to the New Mexico Public Education Department. Witnesses also testified that the state fails to address the needs of English-language learners by failing to provide sufficient access to quality bilingual/multicultural education programs.

During the trial, the State’s experts conceded that students at high-poverty schools have less access to effective teachers, yet the State has failed to provide adequate resources to improve teacher training, compensation, recruitment and retention.

The Martinez lawsuit was brought on behalf of parents and public school children from Española, Santa Fe, Albuquerque, Zuni, Magdalena, Las Cruces and Gadsden, including students who are English-language learners, Native American, economically disadvantaged or disabled. 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. The state sought to dismiss the case but the court in Martinez denied the request, and ruled for the first time in New Mexico’s history that education is a fundamental right under the state constitution.

The Center’s Yazzie lawsuit 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, Native American, Hispanic, low-income and have been negatively impacted by the lack of resources provided to New Mexico public schools.

A copy of the decision can be found here: http://nmpovertylaw.org/order-decison-2018-07-20/

Indian Affairs Committee asks for FID report on law capping store front loans  

CHAMA—At a legislative hearing in Chama today, the New Mexico Indian Affairs Committee passed a resolution asking the Financial Institutions Division to report on how it is enforcing a new law that caps interest rates on small loans and to provide data collected from lenders on the loan products they sell. The FID report is due for presentation to the committee later this fall.

“All New Mexicans deserve access to fair and transparent loans under reasonable terms, but generations of low-income families and Native American communities have been aggressively targeted by unscrupulous store front lenders,” said Lindsay Cutler, attorney at the New Mexico Center on Law and Poverty. “The FID has a duty to enforce the new law and protect families from unfair lending practices. The new law went into effect in January, but FID still hasn’t updated its regulations to reflect the new standards. Without information on FID enforcement, we don’t have a clear picture of how the small loan industry is doing business with New Mexico families and how the new law is affecting New Mexicans. We’re grateful that the Indian Affairs Committee has asked the FID to report on its enforcement efforts.”

Before passage of HB 347 in the 2017 legislative session, most small loans were unregulated and borrowers were frequently charged interest rates of 300 percent APR or more. Reforms to the Small Loan Act are now in effect, capping interest rates at 175 percent APR and eliminating traditional short term payday and title loans. The new law requires lenders to provide clear information about the costs of loans, allows borrowers to develop a credit history when they make payments on small-dollar loans, and sets minimum contract terms for small loans, including at least four payments and 120 days to pay off most loans. Refund anticipation loans are exempt from those requirements.

The FID proposed regulations to implement HB 347 in late February 2018 to eliminate inconsistencies between the new law and the old payday lending regulations. Loan renewals, however, are not addressed by the FID’s proposed regulations. This loophole could leave borrowers vulnerable to interest rates and fees that are now illegal under the law for new loans. The Center urges the FID to close this loophole by clarifying that renewals are subject to the law’s fee limit, interest rate cap, and payment schedule requirements for new loans.

“Passing HB 347 was a necessary first step, but enforcing regulation and compliance with the law is the critical next step in protecting our families and ensuring that all New Mexicans have equal access to affordable loans and protection from predatory lending practices,” said Michael Barrio, Director of Advocacy for Prosperity Works. “The data and reporting transparency we seek is necessary to close loopholes that could render HB 347 ineffective, and to augment existing consumer protections in New Mexico. Our focus, now, is on creating transparency and eliminating loopholes that can be used to continue exploiting hard-working New Mexicans. We’re making progress every day.”

The FID’s proposed regulations can be found here: www.rld.state.nm.us/financialinstitutions/

The Center’s comments on the proposed regulations can be found here: https://wp.me/a7pqlk-10H

A factsheet on regulations the FID should enact to enforce the small loans act can be found here: http://nmpovertylaw.org/fact-sheet-fid-must-enact-regulations-to-enforce-the-small-loans-act-2018-07/

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/

McKinley County Commission unanimously supports innovative ‘Medicaid buy-in’

Community need and widespread support inspired commission

GALLUP–The McKinley County Commission, after hearing powerful community testimony, on Tuesday unanimously passed a resolution in support of the state’s work to develop and implement an innovative plan to allow New Mexicans the opportunity to buy-in to the proven, trusted Medicaid healthcare system.

“With more than 16,000 McKinley residents still uninsured,” said Christopher Hudson from the McKinley Communities Health Alliance “We need to support innovative ideas that will help everyone in our communities get the health care they need. A Medicaid buy-in program is a great option to make quality care affordable and accessible.”

In the 2018 Legislative Session, both the House and the Senate passed memorials calling for the Legislative Health and Human Services Committee to explore the policy and fiscal implications of offering a Medicaid Buy-in plan to New Mexico residents.

By allowing McKinley County residents to buy-in to Medicaid for their health coverage, a state program would reduce uncompensated care for doctors and hospitals and would also save much-needed funding in the county’s indigent care funds.

“I know how hard it can be to access health care,” said McKinley County resident and Strong Families New Mexico healthcare advocate Althea Yazzie. “I’ve had to fight with insurance providers to get help to pay for my medications, my transportation, and my rheumatologist appointments. Being sick is hard. Getting better shouldn’t be. I’m proud of our county for supporting Medicaid buy-in.”

In addition to sharing the resolution with legislators to show the county’s support for a Medicaid buy-in plan, the resolution also adds Medicaid buy-in to McKinley County’s legislative priorities, meaning the county will work directly with legislators to advance the program.

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/

FID must fix loopholes in regulations to protect New Mexicans from predatory loans

GALLUP— The New Mexico Financial Institutions Division must close loopholes in storefront loan renewals and ensure greater transparency in the small loan industry, said the New Mexico Center on Law and Poverty at a hearing in Gallup today. The FID held the hearing to gather public comment on its proposed HB 347 regulations. The law, passed during the 2017 New Mexico legislative session, imposes a 175 percent APR interest rate cap on small loans. Previous to its passage, most small loans were unregulated and interest rates were even higher.

Gallup, which is almost 50 percent Native American, has the highest concentration of storefront lenders in New Mexico with nearly 50 licensed lenders for a population of less than 23,000. Storefront lenders have long aggressively targeted low-income families and Native communities in the state, pushing loans with high-interest rates or arbitrary fees with little regard for an individual’s ability to repay.

“The Navajo Nation Human Rights Commission office receives a variety of consumer complaints about small loans that Navajo citizens enter,” said Leonard Gorman, executive director of the Navajo Nation Human Rights Commission. “Often times the Navajo consumer is an elder who has been misinformed or not informed of the conditions involving their loans.”

HB 347, in addition to the APR cap, strictly limits the fees that lenders are permitted to charge borrowers, eliminates interest-only payments on the majority of storefront loans, and stipulates that all such loans, except refund anticipation loans, have an initial maturity of 120 days.

Loan renewals, however, are not addressed by the FID’s proposed regulations. This creates a major loophole that leaves consumers vulnerable to interest rates and fees that are now illegal under the law for new loans. The Center urges the FID to close this loophole by clarifying that renewals are subject to the law’s fee limit, interest rate cap, and payment schedule requirements for new loans.

“All New Mexicans deserve access to fair and transparent loans under reasonable terms, including low-income families. But we have a lot of work to do to create a more inclusive economy in our state,” said Christopher Sanchez, supervising attorney at the New Mexico Center on Law and Poverty. “Predatory lending has hurt New Mexican families and our economy in concrete ways, draining millions of dollars from the pockets of those who can least afford it. The FID can meaningfully address this damage to consumers in 2018 by first fixing the loopholes around loan renewals in its regulations.”

In New Mexico, storefront lenders frequently market and encourage borrowers to “renew,” “refinance,” or “rollover” their existing loans. High-cost small loans, with interest rates and fees that add up to several times the loan principal, are often nearly impossible for borrowers to pay off in the short terms that lenders offer.

For many people, the only solution at the end of the repayment period is to renew the loan and pay costly fees and extended high interest payments. Repeated renewals dramatically increase the cost of a small loan and make it extremely difficult for a borrower to calculate the long term financial consequences of the extension.

For example, a Zuni man with a full-time income was struggling to make payments on a $125 loan he took out from a Gallup company 10 years ago. When he was unable to pay back the principal, interest, and high fees by the date the loan was due, he renewed the loan rather than default. He has now renewed his loan over a dozen times and paid the company thousands of dollars in interest and renewal fees. He still cannot pay off the principal.

The FID’s proposed regulations also fail to address the lack of transparency in storefront lending practices. It is all too common in the industry for storefront lenders to mislead borrowers about the true cost of small loans through confusing contract terms, expensive and often useless add-on products, and by marketing loans that conceal long term costs. Because of this intentional subterfuge, it is often difficult or impossible for consumers to calculate the true costs of their loans.

“We should all be able to walk into a small loan store and see how much a loan will actually cost,” said Sanchez. “The market operates more effectively when all members of the public can understand the terms of the contracts they are entering. It’s important that the regulations ensure that loan terms are disclosed to borrowers in clear, straightforward terms.”

The Center also suggests the regulations include improved methods of data collection, greater protections for borrowers of refund anticipation loans, and expanded language accessibility.

“While a small loan business may have a Navajo employee interacting with the Navajo customers, our Navajo plaintiffs indicate that the Navajo employee does not speak the Navajo language well enough to communicate effectively with Navajo elders,” said Gorman. “The new administrative rules must include provisions for explaining the small loan entirely in the language preferred by the customers. Without a language assistance provision, Navajo consumers with difficulty understanding the English language will continue to be disenfranchised because they cannot fully understand the loan documents.”

The FID’s proposed regulations can be found here: www.rld.state.nm.us/financialinstitutions/

The Center’s comments on the proposed regulations can be found here: https://wp.me/a7pqlk-10H

The Center’s suggested changes to the proposed regulations can be found here: https://wp.me/a7pqlk-10I

Groups seek immediate order to stop state’s illegal denial of non-REAL IDs to eligible New Mexicans

SANTA FE – Today, civil rights groups and advocates for people experiencing homelessness requested a temporary restraining order (TRO) in state district court against the New Mexico Taxation and Revenue Department and the Motor Vehicles Division to stop them from unlawfully denying Driver’s Authorization Cards (DAC’s) and non-REAL ID identification cards to eligible New Mexicans until a lawsuit filed earlier this year is resolved.

The lawsuit, Coss v. Monforte, filed in January of 2018, challenges MVD’s onerous and illegal regulations governing the issuance of non-REAL ID driver’s licenses and identification cards, including the illegal practices of requiring proof of identification number and not providing adequate due process to applicants who are denied.

“Every day New Mexicans go without a license or ID is another day where they are unable to cash their paycheck, pick up their prescriptions or lose a job opportunity,” said David Urias, lead attorney on the case. “While the court decides this important case, MVD should not be allowed to further endanger the livelihoods of countless working families by ignoring the law and overstepping their authority.”

The plaintiffs include senior citizens, immigrants, and homeless individuals who need a license or ID to go to work or school, obtain housing, medical care or other necessities, but were illegally denied an MVD credential without written notice detailing the reasons for the denial or information about how to appeal it.

Plaintiffs such as Charlie Maldonado Jr. lost a job offer because he could not present a valid ID that left him without a much-needed source of income that would have helped him exit homelessness. Similarly, Eulalia Robles lost two caregiving jobs because she could not present a valid driver’s license and was forced to forfeit her car. While other plaintiffs like former Santa Fe Mayor David Coss, Raúl Aaron Lara Martínez, Reyna Carmona and Elizabeth Lara find it much more difficult to take care of their families because they cannot legally drive.

“We continue to hear from people throughout New Mexico who are eligible under state law, but are still denied licenses or ID cards by MVD,” said Marcela Díaz, executive director of Somos Un Pueblo Unido (Somos), an organizational plaintiff in the case. “We also continue to receive reports from agencies that provide services to vulnerable New Mexicans like domestic violence survivors and people who are experiencing homelessness. These agencies are struggling to help their clients meet MVD’s illegal regulations. MVD’s regulations and practices are setting low-income New Mexicans back, and they must stop while our families get their day in court.”

“Time is of the essence for people who have been illegally denied a license or ID in New Mexico,” said Peter Simonson, Executive Director at the ACLU of New Mexico. “People are already losing work and falling behind on their bills. We cannot allow MVD to continue hurting hardworking New Mexicans while this case works its way through the courts.”

If granted, the injunction would require TRD, MVD, their employees, and their contractors, such as MVD Express, do the following:

  1. Halt implementing and enforcing illegal regulations that do not exist in the governing statutes for the DAC or the non-federally compliant ID card.
  2. Notify all New Mexicans previously denied a DAC or non-federally compliant ID card in writing to provide the reason for their denial and how to resolve their ineligibility, including those who underwent a background check.
  3. Record and preserve the name and mailing address of every New Mexican who applies for, but does not receive, a DAC or a non-federally compliant ID card moving forward.

“When a person who is working hard to exit homelessness is denied an identification card, they are almost guaranteed to stay homeless since they will not be able to get a job or rent an apartment without ID,” said Hank Hughes, executive director of New Mexico Coalition to End Homelessness. “We cannot wait, we need MVD to follow the law and give people a fair shot at getting an ID now.”

In 2016, Republican and Democratic legislators came together and created a two-tiered driver’s license system that gives New Mexicans the choice to opt in or out of the federal REAL ID Act. According to the law, the state must provide a REAL ID-compliant license or ID card to eligible residents who want it and can meet the federal government’s onerous requirements. An alternative non-REAL ID license or ID card for otherwise eligible applicants who do not meet the federal requirements or simply do not want a REAL ID, must also be made available.

The defendants in the lawsuit are the TRD, acting Cabinet Secretary John Monforte, the MVD and acting MVD Director Alicia Ortiz.

Individual plaintiffs who were denied licenses and ID cards are joined by organizational plaintiffs New Mexico Coalition to End Homelessness and Somos Un Pueblo Unido in the lawsuit. Urias of Freedman, Boyd, Hollander Goldberg Urias & Ward, P.A. is the lead counsel on the legal team that includes attorneys from Somos, ACLU-NM, and the New Mexico Center on Law and Poverty.

To view the Plaintiffs’ motion for injunction, click here: http://nmpovertylaw.org/tromotion/

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/