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Urge Governor Lujan Grisham to stand in support of HB 38.

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Please call the Governor’s office today and urge her support for the state’s investment in a Paid Family & Medical Leave program. Governor Lujan Grisham makes the final decision about whether to sign the bill. She needs to hear what having a Paid Family & Medical Leave program would really mean for working families.

Where to call
Governor’s Office: (505) 476-2200

What you might say
“I am calling to urge the Governor to stand in support HB38. I believe that working families shouldn’t be forced to choose between paying their bills and caring for their health and their families. An investment in Paid Family & Medical Leave is an investment in New Mexico’s future.”

Urge House Appropriations & Finance Committee to vote “Do Pass” on HB38.

During the House Judiciary Committee, HB 38 got another committee assignment.  Our next stop is House Appropriations and Finance Committee, and we need to ask them to invest in working families by supporting HB 38. Time is of the essence.  We will provide an update when this is scheduled.

  1. Email/call members of the Committee to express your support for HB 38 and ask them to schedule and vote yes on HB38.
  2. Share this message widely. Mobilize your networks to email Committee members and ask them to vote yes on HB38.
  3. Prepare a public comment to share during the hearing.  We’ve seen the power of public comments. A 60 second story can persuade legislators and change votes. Reach out to us if you need support in preparing your remarks.

House Appropriations & Finance Committee members are:  

Patricia A. Lundstrom (Chair)
Capitol: (505) 986-4316
Email: patricia.lundstrom@nmlegis.gov

Nathan P. Small (Vice Chair)
Capitol: (505) 986-4319
Email: nathan.small@nmlegis.gov

Anthony Allison
Capitol: (505) 986-4436
Email: anthony.allison@nmlegis.gov

Phelps Anderson
Capitol: (505) 986-4226
Email: phelps.anderson@nmlegis.gov

Gail Armstrong
Capitol: (505) 986-4227
Email: gail@gailfornewmexico.com

Cathrynn N. Brown
Capitol: (505) 986-4227
Email: c.brown.nm55@gmail.com

Ambrose Castellano
Capitol: (505) 986-4236
Email: ambrose.castellano@nmlegis.gov

Jack Chatfield
Capitol: (505) 986-4467
Email: jackchd67@gmail.com

Randal S. Crowder
Capitol: (505) 986-4215
Email: randal.crowder@nmlegis.com

Meredith A. Dixon
Capitol: (505) 986-4210
Email: meredith.dixon@nmlegis.gov

Candy Spence Ezzell
Capitol: (505) 986-4454
Email: csecows@aol.com

Harry Garcia
Capitol: (505) 986-4233
Email: hgarciad69@gmail.com

Susan K. Herrera
Capitol: (505) 986-4249
Email: susan.herrera@nmlegis.gov

Dayan Hochman – Vigil
Capitol: (505) 986-4432
Email: dayan.hochman-vigil@nmlegis.gov

T. Ryan Lane
Capitol: (505) 986-4226
Email: ryan@laneforliberty.com

Raymundo Lara
Capitol: (505) 986-4233
Email: raymundo.lara@nmlegis.gov

Debra M. Sarinana
Capitol: (505) 986-4438
Email: debbie.sarinana@nmlegis.gov

Candie G. Sweetser
Capitol: (505) 986-4255
Email: candie.sweetser@nmlegis.gov

Christine Trujillo
Capitol: (505) 235-8783
Email: christine.trujillo@nmlegis.gov

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Southwest Women’s Law Center End of Year

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With all that 2020 has been, the issues we here at SWLC have been at work to remedy for our families and community have been magnified immensely. Here is our -End of the Year- break down and the endeavors we will continue through the coming year.
 
We are so grateful for our team and each of the moving parts that keep us connected to you (our supporters), and our funders. 
 
Our new office manager, Jamie Savage, has been imperative to ensure that our team expansion efforts are up to date. She has been keeping us in check with our social media platforms, which has made for a smooth transition for our new Communications Consultant, Erica Davis-Crump, who joined us in November. Jamie has also equipped us for the coming legislative session. This is critical as it will be our first virtual session, which is unprecedented. 
 
Paid Family Medical Leave (PFML) is being led by Tracy McDaniel. To date, the PFML coalition has been able to present to the Governor’s Racial Justice Commission’s Health Subcommittee. The PFML coalition has been growing abundantly, making for intersectional outreach. Tracy has been garnering great support through community leadership as well. The SWLC will be working on a revised PFML bill this coming 2021 Legislative Session.
 
Reproductive & Gender Justice, is being led by Wendy Basgall. We are working with partners to expand access to menstrual supplies, specifically in the city of Albuquerque. In preparation for the coming legislative session, Wendy has been working along with the Coalition for Choice to repeal the outdated Abortion Ban law from 1969. With our recent win for pregnant worker accommodations, we will oversee the proper implementation and protections of that legislation. We have obtained several grants to work on discrediting disinformation about Long Acting Reversible Contraceptives (LARC) in New Mexico’s Indigenous communities. We have also received a small grant to work with the Indigenous communities to determine why abortion care is not being provided, even when legal under the Hyde Amendment’s exceptions regarding health of mother.
 
In the first week of December, we observed and supported the Congressional hearing to end the Hyde Amendment. We also signed a letter of support to end the Hyde Amendment, along with more than 100 other supporting partner organizations nationwide.
 
This year, there has been a huge spotlight on Indigenous women’s wellness. Our executive director and champion, Terrelene Massey (Navajo), has been fundamental in the critical solutions that are being realized. Terrelene has been working with and on the board of the Coalition to Stop Violence Against Native Women (CSVANW) since last year. Terrelene is also working on the Indian Child Welfare Act (ICWA) that CYFD will be pushing this coming legislative session providing input to the CSVANW staff. Terrelene was also recently approved to practice in the recently created ICWA court in Bernalillo County under a partnership with the Pegasus Legal Services for Children in 2021. She will also be working with Wendy on the issues impacting Native American women reproductive services.
 
In the fall of this year, SWLC submitted position statements on Savanna’s Act (requires the Justice Department to establish justice and law enforcement protocols to address missing and murdered Native Americans) and the Not Invisible Act (establishes a commission to study violence in and against the Native American community). Just last month, Terrelene presented on these federal legislations at the State Bar of New Mexico’s on this subject, speaking about these bills from a state and federal level perspective. The CSVANW was also on this panel, along with the New Mexico Indian Affairs Department and the New Mexico Attorney General’s Office.
 
This coming year, the SWLC will continue efforts to lead this spectrum of economic security, gender equity and reproductive justice. You have been an essential part of ensuring we can continue and expand our work as pillars of support for our communities. 

To donate to our efforts please click the donation button below.
  
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Lovelace Women’s Health screening is discriminatory against Native Americans mothers and babies and the State should investigate

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The Southwest Women’s Law Center is committed to addressing systemic inequities and protecting all reproductive rights, including informed birthing choices, for New Mexico’s women and girls. A New Mexico In Depth report recently brought to light allegations of a secret policy at Lovelace Women’s Hospital that has unfairly singled out Native American mothers for COVID-19 testing, leading to the separation of Native mothers from their newborns during the immediate postpartum period. This critical developmental period is essential for new mothers to bond with their babies, establish their breastfeeding relationship, and develop secure attachment. The World Health Organization affirms that closeness between mother and baby during this early period should be supported even when the mother is COVID-19 positive. This is particularly important for communities that have experienced historical trauma, including violence, inequities, non-consensual medical procedures, and children being separated from their families. 

For centuries, Native American communities have faced injustices and systemic racism that have contributed to health disparities, including the current disparate impacts of COVID-19. Now we learn that Lovelace has unjustly and systematically disrupted the critical postpartum experience for Native American mothers and newborns through racial profiling in the midst of a pandemic. Although this policy is reportedly intended to limit the spread of COVID-19, it is clear that Native American mothers are being targeted based on their appearance and zip code. This “racial red- lining” is unacceptable, discriminatory, and a violation of medical ethics. We call upon the Governor’s office to investigate this policy and its impact on Native American families. Not only is this a continuation of long-standing injustices perpetrated against indigenous women, but this also harms future generations as the first crucial moments of their new lives are already being impacted by unjust and racist policy. We stand with Native American Mothers and with all mothers of color who face these continuing injustices. If you are a mother who has been impacted by Lovelace Women’s Hospital’s COVID-19 policy of separating mothers and newborns based on their race and home zip codes please contact the Southwest Women’s Law Center for assistance at 505.244.0502 or info@swwomenslaw.org.

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The Southwest Women’s Law Center stands in solidarity with the Black community and supports Black Lives Matter

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The video of a Minneapolis police officer killing an unarmed Black man pleading for his life while being held down has been heart wrenching and infuriating to watch. This scene is vivid in all our minds. And then there is another. Two white men with guns in a truck chasing down an unarmed Black man whom they attacked and shot. Then, there is the story of a young Black medical worker sleeping in her bed and getting shot by policemen without any warning. All these events show a pattern that racism is alive and well in our country. Ahmaud Arbery, Breonna Taylor, and George Floyd are not the first Black people killed because of their skin color. Unfortunately, it will probably not be the last time Black people are killed due to racism. These senseless killings have caused us to reevaluate what is important to us as a society, community, and as individuals. Not only that; it has made us evaluate what more we can do.  

For the Southwest Women’s Law Center, since our founding in 2005, our non-profit organization has advocated for women and girls. We have advocated for reproductive rights, economic security for women and their families, and to address gender discrimination, including equal pay, and other workplace rights. We reaffirm our commitment to working in these areas, in honor of Black women and girls. We also commit to the following acts and actions:  

  • We will honor women of color, including Black women, in local businesses, professional fields, and those who are engaged in advocacy work, and we will further encourage our community members to support these women and their efforts.
  • While we cannot support candidates for office as a 501(c)3, we will support policies and positions that support and enhance the lives of Black women and girls as part of our commitment to the #BlackLivesMatter movement.
  • Our team will also take part and engage in discussions, forums, and trainings on race so that we can enhance our understanding and knowledge of racial equity, and thereby increase our efforts for social justice and social change. 
  • We will partner with others in the #BlackLivesMatter movement and provide support to efforts that improve the lives of Black communities. 

We stand in solidarity with the Black community and support Black Lives Matter.

Activist Collaboration Fund

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The Ms. Foundation for Women recently formed the Activist Collaboration Fund (ACF), granting $275,000 to 15 Organizations across the country. The ACF launched in late January and supports social justice and movement-building organizations. The ACF has granted organizations that are led by and for women and girls of color, trans women and girls of color, and indigenous women and girls. 


We at SWLC are incredibly grateful to be on the roster of 15 organizations to receive an ACF grant that helps support our work for our women and girls in New Mexico. 


You can read more about the Ms. Foundation for Woman and the Activist Collaboration Fund HERE.

COVID-19 AND ITS IMPACT ON TRIBAL COMMUNITIES IN NM

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There is no equal access to COVID-19 testing and treatment.

While this is an “equal opportunity crisis”, the impact and burden will not be shared equally among all communities. American Indian/Alaska Native (AI/AN) will carry the brunt of this as immigrants, and other people of color.

Federal Responsibility and IHS

The U.S. Government has a Trust Responsibility to AI/AN Tribes through the COTUS, Treaties, Executive Orders, Statutes. The trust relationship establishes a responsibility for a variety of services and benefits to Indian people based on their status as Indians, including health care.

IHS is founded in 1955 to meet the needs of AI/AN Tribes (within US Health and Human Services) and has significantly been underfunded by the U.S. Government throughout the years

IHS is reliant on third party reimbursement (Medicaid and Medicare, and private insurance).

COVID-19 (AKA CORONAVIRUS)

The best offense and defense against COVID-19:

  • Prevention is the best 
  • Washing hands, social distancing, not traveling, and staying home
  • Testing is also recommended

Similar to other hospitals and providers, IHS is not ready to address the COVID-19. There are not enough Personal Protection Equipment, and even doctors, nurses, other providers The IHS has 71 or fewer ventilators and 33 intensive care unit (ICU) beds at the 24 hospitals it runs.
(See Native American Communities And COVID-19: How Foundations Can Help)

IHS COVID-19 TESTING—All Service Areas & Navajo and Albuquerque Areas

COVID-19 testing is limited in IHS areas.

Source: IHS.GOV/CORONAVIRUS

Challenges that Tribes Face

“Covid-19 could be a perfect storm for Indian Country”

Dante Desiderio (Native American Financial Officers Association)

Some tribes do not have access to clean drinking water and lack infrastructure for water. Overcrowded homes pose an issue as 17% of AI/AN households are overcrowded making social distancing a challenge.

Native Americans have high rates of preexisting conditions (i.e. diabetes, hypertension, heart disease, cancer) that impact the immune system and may contribute to poor outcomes for COVID-19 patients.

Right now, there are limited economic opportunities because tribal casinos and hotels were closed due to the COVID-19 pandemic which significantly impacts households headed by AI/AN women. This may lead to employees being laid off and therefore have to apply for unemployment. This has an immediate impact on tribes and in the long run because there are no revenues coming in for tribal operations (i.e. gaming profits supports tribal health, education, and economic development)

Source: The coronavirus is exacerbating vulnerabilities Native communities already face

THE NAVAJO NATION EXPERIENCE (AZ, NM, UT)

Navajo Nation has largest outbreak among tribes in the U.S.” 

Navajo Nation President has issued stay at home order (as early as March 17, 2020) and a curfew. On 4/1/20, according to the Navajo Nation President, Jonthan Nez, the number of positive tests for COVID-19 reached a total of 214 and 7 confirmed deaths related to COVID-19. 

The 214 cases include the following counties:

  • Navajo County, AZ: 97
  • Apache County, AZ: 22
  • Coconino County, AZ: 49
  • McKinley County, NM: 14
  • San Juan County, NM: 22
  • Cibola County, NM: 3
  • San Juan County, UT: 7

Navajo Nation Challenges

There are limited number of IHS and Tribal 638 clinics and hospitals on the Navajo Nation covering an area the size of West Virginia. 

Navajo is one of the largest AI/AN Tribes by population, including living on reservation. In New Mexico, sites include Crownpoint, Shiprock, Gallup and Arizona sites include Kayenta, Tuba City, Chinle, Pinon, Winslow.

Challenges:

  • Rural and frontier lands (2-4 hour drives to major towns)
  • High poverty rates and unemployment rates (now likely worsened by the COVID-19 as the rest of the country)
  • Lack of drinking water, and limited access to internet
  • Stark health conditions
  • Slow federal and state responses (AZ and UT had a slower response compared to NM)
  • Limited food supply and food desert (not many grocery stores)
  • Transportation for families to have AI/AN children participate in school breakfast and lunch programs

Federal Action

H.R. 6074 —Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020, signed March 6, 2020

$8.3 billion for medical and pharmaceutical research, relief for small businesses and public health funding. This includes at least $40million in direct set-aside funding for tribal nations, organizations, and urban Indian organizations.

CDC to distribute funds to Tribes, meanwhile Tribes have asked DHHS to transfer money from CDC to IHS.

Recommendation:  Federal government should increase the set aside from $40 million to $120million as Tribes have recommended.

Declaration of Emergency

President Trump declared a National Emergency in regards to COVID-19 on March 13, 2020. This opens up FEMA funds at 75% cost share. Tribal nations can request a waiver of their 25% cost share; allowing DHHS to release national stockpiles and waive Medicare, Medicaid, Children’s health insurance regulations.

Navajo Nation President recently reported that they got some of the equipment from the national stockpiles, but it sounds like it wasn’t enough (as states have also reported).

H.R. 6201—Families First CoronaVirus Response Act (aka Phase 2), signed March 18, 2020

Includes $64 million to be appropriated to Indian Health Services account.

Additionally, H.R. 6201:

  • Includes coverage of testing for COVID-19 at no cost for AI/AN regardless of where services have been authorized
  • Lastly $10 million set aside for grants for Indian Programs with Older Americans Act.

Recommendation: More funding should be provided to Tribes to combat COVID-19.

S. 3528, Coronavirus Aid, Relief, and Economic Security Act or CARES Act (aka Phase 3), signed March 27, 2020 

$2 trillion stimulus package to battle COVID-19

For individuals:

  • Native American taxpayers can get $1200 (individuals) and $2400 for married couples.
  • Native Americans who become unemployed or underemployed can apply for their state’s unemployment insurance 
  • Native Americans can apply for SNAP (formerly Food stamps)
    • $15.5 billion going to cover the expected costs of new applications

Other federal/state programs are on-going such as Medicaid and ACA enrollment for Native Americans.

For tribal government and businesses, CARES

  • Creates a $150 billion Corona Virus Relief Fund for state, local, and tribal governments
    • $1.25 billion for New Mexico (and other smaller states, this is the minimum) and all 562 federally recognized tribes share $8 billion.  
  • $45 billion for Disaster Relief Fund for immediate needs of state, local, tribal and territorial governments 
  • $453 million to Bureau of Indian Affairs to prepare for and respond to Coronavirus for Public Safety, Welfare and social services programs, and other tribal government assistance
  • US Department of Treasury’s Loans and Guarantee Loans §4002 makes Tribes and their businesses eligible for the $454 billion loan guarantee fund
    • Tribal casinos likely will not be able to access more than $350 billion in emergency loans available through the U.S. Small Business Association, which is prohibited from lending money to casinos or gaming operations by federal law

For more information, visit NCAI

The Future

4th phase? There are some reports that a 4th federal package is underway. We are keeping our eyes on this development.

Outside of that, the U.S.should uphold its trust responsibility and invest in AI/AN healthcare facilities, services and infrastructure so that AI/AN can be prepared for the next pandemic.

View presentation of this information.