Federal benefits recipients must act by WEDNESDAY to get stimulus payments for children

Trump administration gives tightest deadline to people most in need of relief during COVID-19 crisis

ALBUQUERQUE—Social Security and Railroad Retirement benefit recipients with children who do not file taxes must file a form by tomorrow at 10 am MST to receive their full stimulus payment in a timely manner. Benefits recipients must act immediately to receive the additional $500 stimulus payment this year for any eligible dependent children. The IRS announced this tight deadline on Monday afternoon.

“We are horrified by the IRS’s sudden announcement late yesterday forcing a large category of people to file a form by tomorrow morning to get stimulus payments for their children in a timely way,” said Lindsay Cutler, attorney at the New Mexico Center on Law and Poverty. “This is not enough time for most people to even hear about this new requirement, much less complete the form. Other options should be made available. People who receive Social Security and Railroad Retirement benefits programs should fill out the IRS Portal immediately to ensure they get their payment this year.”

To receive the $500 stimulus payments for children this calendar year, individuals must file a form on the IRS Portal by tomorrow morning at 10 am if they: 

  • Receive Social Security retirement benefits, including Social Security Disability Insurance and Railroad Retirement benefits;
  • Have a dependent child/children under the age of 17 who qualify for the $500 Economic Impact (stimulus) payment; and
  • Did not file a 2018 or 2019 tax return.

The IRS Portal for non filers can be found here: https://www.irs.gov/coronavirus/non-filers-enter-payment-info-here  

More information from the IRS is available here: https://www.irs.gov/newsroom/ssa-rrb-recipients-with-eligible-children-need-to-act-by-wednesday-to-quickly-add-money-to-their-automatic-economic-impact-payment-irs-asks-for-help-in-the-plus-500-push

Facing this Emergency Together

Friends,

Protecting our families, loved ones and community is at the top of all our minds as we face this public health emergency together. The Covid-19 pandemic brings enormous challenges—practicing social distancing for our health and safety, while also responding to the economic consequences. As businesses close down, thousands of people are losing their jobs. More than 10,000 New Mexicans filed for unemployment benefits in just one week. 

This crisis exposes long-standing inequities for working families, and demands urgent action. It has made it abundantly clear that what we fight for—healthcare, housing, income and food support, childcare, workers’ rights, and educational opportunities—is fundamental to our communities.

The New Mexico Center on Law and Poverty sent recommendations to our state leaders calling for a united and comprehensive response. We have been circulating “know your rights” information and critical updates about actions being taken at the national and state levels to bring down healthcare costs, expand income assistance, and prevent evictions and utility shut offs. Please join us in sharing this information widely with your networks and on social media, and stay tuned for alerts about ways to get involved as we work with you and our community partners on solutions.

We thank our Governor and policymakers for their leadership. We know there is much more to do. We vow to stand with you as we face this together.

Sincerely,
Sireesha Manne

5 things you should know about the new public charge rule

By Teague González, director of Public Benefits

Changes to the “Public Charge” rule go into effect today. Some of the changes include allowing the government to deny permanent residency (green cards) and visa renewals to certain lawfully present immigrants who participate in basic need programs like Medicaid, SNAP food assistance, and housing assistance.

The Trump administration is counting on fear to harm immigrant families and turn lifesaving programs against families. But the new public charge rule change applies to very few immigrants. Get all the facts and always talk to someone to make the best choices for your family.

Here are 5 important things you need to know about public charge:

Number 1: The test does not apply to people who are already legal permanent residents — as long as they don’t leave the US for 6 consecutive months. 
Number 2: The rule does not apply to people who want to adjust from legal permanent resident to citizens. 
Number 3: It never applies to US citizen children. A US citizen child’s use of benefits is never counted against their parent no matter the parent’s immigration status. Please do not disenroll or cancel your US citizen children from Medicaid or Food Stamps without talking to someone first. 
Number 4: There are important exceptions to the public charge rule, for example, pregnant women may receive Medicaid during their pregnancies and up to 60 days after delivery and this will not be counted against them when they try to become legal permanent residents. The same goes for Medicaid use by children under 21 years of age who want to become legal permanent residents. 
Many categories of immigrants are exempt from the rule like T and U Visa holders, as are VAWA beneficiaries, and many other statuses. 
Number 5: Many government benefits are not included in the public charge rule like school breakfast and lunch, WIC, CHIP, unemployment benefits and many more. 

This is why it is very important that you talk with someone about the rule change before you make any decisions about canceling your benefits or your children’s benefits. 

Please call 505-255-2840 with any questions. Watch the video in English and Spanish. Get the handout in English or Spanish.

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.
 

Action Alert: Stop the Trump administration’s new attack on immigrant families!

Together, we must stop the Trump administration’s new attack on immigrant families!

Yesterday evening, the Department of Homeland Security proposed a revised “public charge” rule that threatens access to food, medical, and housing assistance for millions of lawfully present immigrant families. It allows the federal government to block immigrants from becoming legal permanent residents or “green card” holders have used public benefits like food and medical assistance for which they are eligible.

The new “public charge” rule greatly expands the list of programs that jeopardize immigration status to include nearly all available basic need programs like Medicaid and Supplemental Nutrition Assistance Program (SNAP).

If it goes into effect, many families will have no choice but to forgo critical assistance for fear of family members being denied a green card, putting them at greater risk of falling into poverty. It will also allow the administration to significantly shift the U.S. legal immigration system away from family-based immigration without the approval of Congress.

Sign up here to help us resist! Help fight this shameful rule!

You can find information on what we know about the proposed changes here.

New Mexicans prevail in driver’s license lawsuit

SANTA FE, NM – On Tuesday, civil rights groups and homeless advocates announced a settlement agreement reached in a lawsuit against the New Mexico Taxation and Revenue Department and the Motor Vehicles Division that requires the state to properly implement its two-tiered driver’s license law and take much-needed steps to ensure New Mexicans can more easily access to an alternative to the federal REAL ID as state legislators intended.

“Everyday New Mexicans came out on top today,” said David Coss, former mayor of Santa Fe and lead plaintiff in the lawsuit filed in January. “I look forward to finally obtaining my state license knowing that other people won’t have to go through the difficult and frustrating process I did. I believe that government should create opportunities for residents to get ahead, not barriers that get in their way. This settlement ensures fewer barriers and restored access to these essential documents.”

The lawsuit Coss v. Monforte challenged the MVD’s regulations governing the issuance of non-REAL ID driver’s licenses and identification cards, including the illegal practices of requiring proof of an “identification number” and not providing adequate due process to applicants who were denied a credential. The roll out of those regulations caused many applicants across the state to be wrongly denied a license or ID, and in countless cases, it triggered multiple visits to MVD and other government agencies for additional documentation not required by law.

On Friday afternoon, Santa Fe First Judicial District Court Judge David K. Thomson signed the settlement agreement between MVD, organizational plaintiffs and individual plaintiffs delineating what the MVD must do to have the case dismissed with prejudice.

Under the settlement agreement, the MVD will:

  • No longer require proof of an identification number, such as a social security number, to apply for a Driving Authorization Card (DAC) or non-federally compliant identification card.
  • Implement new regulations that will only require proof of New Mexico residency, identity and age for a non-REAL ID credential.
  • Expand the list of acceptable documents to show proof of New Mexico residency, identity and age.
  • Inform applicants who are denied a DAC or non-federally compliant identification card on the basis of a fingerprint background check of the reason for the denial, evidence the applicant can provide MVD to resolve the denial and information on how to appeal a denial and the timeframe for doing so.
  • Provide additional training to MVD clerks and public information regarding the new rules and policies.

In 2016, New Mexico lawmakers 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. While the state law requires MVD to provide a REAL ID-compliant license or ID card to New Mexicans who can meet the federal government’s burdensome requirements, the MVD is also required to issue a non-REAL ID license or ID card to eligible applicants who do not meet the federal requirements or simply do not want a REAL ID.

The plaintiffs in the lawsuit included senior citizens, immigrants, and homeless New Mexicans who need a license or ID to go to work or school, obtain housing, medical care or other necessities.

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. David 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.

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

The following are additional statements from plaintiff organizations and the legal team:

“A broad coalition of community groups, public safety advocates and legislators has worked together over a 15-year span to ensure that all New Mexicans have the ability to apply for a license or ID, critical tools in navigating every day life,” said Marcela Díaz, Executive Director of Somos Un Pueblo Unido, an organizational plaintiff in the lawsuit. “The onerous and misguided federal REAL ID Act threatened our common sense licensing policies, but the Legislature pushed back and gave us a real alternative that meets the needs of New Mexicans. We are satisfied that through this agreement, citizens and non-citizens alike will have access to accurate information about the non-REAL ID license, as well as a more efficient process to obtain it.”

“This agreement is an important victory for New Mexicans experiencing homelessness,” said Hank Hughes, Executive Director of New Mexico Coalition to End Homelessness. “Obtaining an identification card is often the first step for someone who has lost everything, as they put their life back together. This agreement removes the unnecessary barriers that were in place with the old regulations.”

“We’re relieved the MVD has agreed to stop asking New Mexicans to provide unnecessary documentation in order to get a non-REAL ID license or ID,” said Sovereign Hager, legal director at the New Mexico Center on Law and Poverty. “MVD’s decision to comply with our state law benefits all New Mexicans, but especially families who do not have a stable place to live or consistent employment. An ID or driver’s license is a basic necessity to do just about anything. Without one, you can’t drive, fill a prescription, cash a check, find housing, or get job to support your family. We hope MVD will continue to work on common sense improvements that will streamline access to IDs and licenses for all New Mexicans.”

“We applaud the professionalism of MVD officials in hammering out this agreement with our organizations,” said Gabriela Ibañez Guzmán, staff attorney with Somos Un Pueblo Unido and co-counsel in the lawsuit. “The settlement represents a sensible solution that will benefit hardworking New Mexicans and ensure that people are not left without a driver’s license or ID.”

“The federal REAL ID was a bad law that imposed unnecessary identification requirements on New Mexico residents,” said ACLU of New Mexico executive director Peter Simonson. “In its wisdom, the Legislature passed a law to ensure compliance while also guaranteeing our most vulnerable residents have opportunity to continue access to a driver’s license or state ID and today’s settlement agreement allows that purpose to be fulfilled. That said, we believe there is more work to do to ensure New Mexico residents aren’t left out due to fingerprinting requirements and other obstacles.”

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/

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/