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New Mexico gov to abusive caregivers: 'We're coming for you'

3/21/2023

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PictureNM Gov. Michelle Lujan Grisham
SANTA FE (AP) - Any caregivers who mistreat and abuse developmentally disabled or otherwise vulnerable people will be held accountable, New Mexico’s governor and top health officials warned Monday.

Gov. Michelle Lujan Grisham, members of her cabinet and law enforcement officials gathered at the state Capitol to provide an update on ongoing investigations into an alleged abuse and neglect case involving a developmentally disabled person that was brought to the state's attention March 1.

The case resulted in the state terminating contracts with four providers in the Albuquerque area. It also prompted what the governor described as a forensic review of the entire developmentally disabled waiver system, which is meant to offer an alternative to institutional care.
Five more cases — including three in which individuals being cared for died — are under investigation. Officials said that they haven't determined if those deaths are tied to abuse or neglect.

Over the weekend, state health workers visited more than 1,000 people who are part of the federally funded waiver program. As a result, another eight potential cases warrant future review, officials said.

“If you’re not providing the care that you were supposed to provide, we will find you and you will be held accountable. That’s it — zero tolerance in the state of New Mexico. We are coming,” Lujan Grisham said during a news conference.

Lujan Grisham, whose sister is developmentally disabled, called the recent cases in New Mexico alarming, and vowed that the state will not tolerate abuse, neglect and exploitation of any vulnerable populations.

Officials with the New Mexico Department of Health have been tight-lipped about the allegations that prompted the initial investigation and the cancellation of the providers' contracts.
Health Secretary Patrick Allen said Monday that the client involved in the March 1 case suffered life-threatening injuries but didn't provide further details.

He said that the other instances identified in recent weeks involve neglect such as malnutrition.
Lujan Grisham partly blamed the coronavirus pandemic and strict public health protocols that limited family members and other advocates from visiting patients, for some instances of neglect and abuse going unreported. She said telehealth visits and online wellness checks have been no substitute and the number of referrals for potential abuse or neglect dropped as a result. She suggested that also opened the door for other insidious behavior to go unchecked.

The governor pointed to a recent case in Michigan involving a 71-year-old woman who was born with a spinal deformity that left her unable to care for herself or to communicate. She starved to death in a group home.

Allen said his agency, along with the state's Aging and Long-Term Services Department, will be working to visit the remaining nearly 5,100 people who are participating in the developmentally disabled waiver program within the next 30 days.

The state also plans to schedule more regular visits going forward and to review entire case files, rather than only what providers submit to Medicaid for reimbursement.

Allen said the reliance on caregivers, limited transportation options, limited access to language interpreters or other assistive devices, and general isolation from the community can put people with disabilities at higher risk.

“Escaping abuse is difficult for any victim, but it’s only compounded when the person abusing you is the one you rely on to help you dress and get out of the house,” he said.

While all of the care givers allegedly involved in the initial March 1 case are no longer are working with clients, no criminal charges have been filed. Authorities stressed Monday that the investigations were ongoing.

One of the providers that had their contract cancelled — an agency that provided residential in-home care for the person — posted a statement on its website saying that it immediately notified state officials after learning of “significant injuries” to one of their clients after a caregiver chose to take that person out of state. They called the case heartbreaking.

The other providers offered case management, behavioral services and physical therapy for the victim. They too have said that they were unaware of the allegations.

Some plan to appeal the state's decision to cancel their contracts, citing reputations built over many years by serving people with disabilities.

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New Mexico gov. signs bill overriding local abortion bans

3/17/2023

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PictureState Sen. Katy Duhigg, top right, D-Albuquerque, guides an hours-long debate on a bill that would shore up abortion access statewide amid a flurry of local anti-abortion ordinances, Tuesday, March 7, 2023, at the Capitol building in Santa Fe, N.M. A 23-15 vote of the Senate nearly ensures the bill will reach the desk of supportive Democratic Gov. Michelle Lujan Grisham. New Mexico has one of the country's most liberal abortion access laws, but two local counties and three cities have recently adopted abortion restrictions that reflect deep-seated opposition to the procedure. AP Photo

SANTA FE, N.M. (AP) — New Mexico's governor signed an abortion-rights bill Thursday that overrides local ordinances aimed at limiting access to abortion procedures and medications.

Reproductive health clinics in New Mexico offer abortion procedures to patients from states, including Texas, with strict abortion bans. The new law also aims to ensure access to gender affirming healthcare related to distress over gender identity that doesn’t match a person’s assigned sex.

New Mexico has one of the country’s most liberal abortion access laws, but two counties and three cities in eastern New Mexico have recently adopted abortion restrictions that reflect deep-seated opposition to offering the procedure.

The bill signed by Gov. Michelle Lujan Grisham overrides those local ordinances.

An additional bill working its way through New Mexico’s Legislature would protect abortion providers and patients from out-of-state interference, prosecution or extradition attempts.

In 2021, New Mexico’s Democrat-led Legislature passed a measure to repeal a dormant 1969 statute that outlawed most abortion procedures, which ensured access to abortion after the U.S. Supreme Court overturned Roe v. Wade last year.

Anti-abortion ordinances — adopted over the past several months by officials in the cities of Hobbs, Clovis and Eunice, along with Lea and Roosevelt counties — reference an obscure U.S. anti-obscenity law that prohibits shipping of medication or other materials intended to aid abortions.
Separately, Democratic state Attorney General Raúl Torrez has urged the state Supreme Court to intervene against local abortion ordinances that he says violate state constitutional guarantees of equal protection and due process.

Democratic governors in 20 states this year launched a network intended to strengthen abortion access in the wake of the U.S. Supreme Court decision nixing a woman’s constitutional right to end a pregnancy. The decision shifted regulatory powers over the procedure to state governments.

Many states have also enacted or contemplated limits or outright bans on transgender medical treatment, with conservative U.S. lawmakers saying they are worried about young people later regretting irreversible body-altering treatment.

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New Mexico Voting Rights Act Heads to Governor’s Desk

3/13/2023

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House votes to concur with Senate amendments in final legislative step for House Bill 4


Santa Fe, NM - The New Mexico Voting Rights Act, House Bill 4, cleared its final legislative hurdle today as the House of Representatives voted 42-25 to concur with Senate amendments to the bill. The bill is now headed to the desk of Governor Michelle Lujan Grisham to be signed into law. 

HB 4 is a robust package of voting accessibility and election security measures, which includes: 
  • Voting protections and improved access for Native American voters 
  • Enhancements to voter registration systems and voter data privacy
  • Restoration of voting rights for formerly-incarcerated individuals
  • Creation of a permanent absentee ballot list, allowing eligible voters to opt-in to automatically receive mail-in ballots 
  • Automatic voter registration when changing address or presenting documents at the MVD or other state agencies
  • Designation of Election Day as a school holiday

House Bill 4 is sponsored by Speaker of the House Javier Martínez (D-Albuquerque), House Majority Floor Leader Gail Chasey (D-Albuquerque), Senator Katy Duhigg (D-Albuquerque), Representative D. Wonda Johnson (D-Church Rock), Majority Caucus Chair Ray Lara (D-Chamberino), Rep. Derrick Lente (D-Sandia Pueblo), and Rep. Patricia Roybal Caballero (D-Albuquerque). 

“The New Mexico Voting Rights Act will empower our diverse communities to participate in our elections, strengthen democracy, and make our government more representative of its people,” said Speaker Martínez. 

“With this legislation, New Mexico is poised to become a national model for voting, election fairness, and ballot access,” said Leader Chasey. “We are not only removing barriers, we are encouraging civic engagement and participation for all eligible New Mexicans.”

“The New Mexico Voting Rights Act will protect fair and open access to voting for our historically-disenfranchised tribes, pueblos, and sovereign nations across our state,” said Representative Johnson. “I am proud that we are taking such important steps to protect this fundamental freedom for all eligible New Mexicans.”

“Every eligible New Mexican, regardless of where they live, has the right to participate in our democracy,” said Chair Lara. “The commonsense provisions in this bill will go a long way to expanding voting access, especially in rural communities like mine.” 

The House also passed a bill today to protect election workers today with broad bipartisan support. Senate Bill 43, which would make intimidation of election officials and workers a fourth-degree felony, is also headed to the Governor’s desk. 

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Two Las Cruces Teens Arrested in Fatal Shooting

3/13/2023

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LAS CRUCES (AP) - Two 16-year-old boys have been arrested in connection with a fatal shooting near Las Cruces, according to authorities. 

New Mexico State Police said 17-year-old Benjamin Archuleta was wounded by gunfire from another vehicle on Interstate 25 and was pronounced dead at a hospital March 3rd.  

The vehicle's driver and passenger who is the suspected shooter, were later arrested and their names were being withheld because they are both juveniles, police said. 

Police said the two teens are facing charges of first-degree murder, shooting from at or from a motor vehicle resulting in great bodily harm and assault with intent to commit a violent felony. 

According to the Las Cruces Sun-News, Archuleta was enrolled at Las Cruces High School but had dropped out before the shooting occurred.  
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Crowd at U.S.-Mexico border stopped by barricades at bridge

3/13/2023

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Photo credit KRWG/AP
EL PASO, Texas (AP) — A large number of migrants in Mexico who were “posing a potential threat to make a mass entry” into the United States were prevented from cross a bridge leading to El Paso, Texas, a U.S. Customs and Border Protection spokesperson said.

Physical barriers were put up to restrict entry at the Paso Del Norte International Bridge on Sunday afternoon, spokesperson Roger Maier said in a statement.

Barricades also were used for a short time Sunday afternoon at an El Paso crossing at the Bridge of Americas and at one in Stanton, Maier said.

Traffic was reopened and flowing in both directions as of Sunday evening, he said.
Maier said the Office of Field Operations Special Response Team and U.S. Border Patrol agents assisted Customs officers.

It wasn't immediately known what caused the attempted mass crossing.
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A message seeking comment was left with the mayor's office in El Paso.
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New Mexico Legislature Approves Bill Ending Debt-Based Driver’s License Suspensions

3/12/2023

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​Santa Fe – Late last night, the New Mexico House passed SB 47, which would end the widespread practice of suspending licenses due to court debt.  The bill, sponsored by Senate Majority Leader Peter Wirth, Senator Crystal R. Diamond, and Representative Christine Chandler, now heads to Governor Michelle Lujan Grisham’s desk.

SB 47 ends driver’s license suspension for missed court hearings and overdue fines and fees payments owed in traffic and criminal cases. It would also direct the Motor Vehicle Division to reinstate all outstanding driver’s license suspensions for these reasons. The bill will not eliminate suspensions and revocations based on dangerous driving (DUI, accrued points, etc.) nor will it limit the court’s discretion to impose sanctions and punishments in criminal and traffic cases. 

If Gov. Lujan Grisham signs the bill into law, New Mexico would become the 24th state to enact legislation to end debt-based driver’s license suspensions in the past five years.

“Debt-based suspensions make it harder for New Mexicans to get to work, take care of their families, and pay their debts,” said Senator Peter Wirth. “Now is our opportunity to work together to improve our economy, make our communities safer, and keep hard working New Mexicans on the road.” 

Currently, over 300,000 New Mexicans can’t legally drive simply because they are trapped in a cycle of debt and their access to safe and legal transportation is limited. In fact, New Mexico suspended over 183,000 New Mexican driver’s licenses from 2019-2021, all because the person could not afford to pay their court debt or missed a court hearing.

“The fact that we have over 300,000 open license suspensions means this system is not working,” said Senator Crystal Diamond. “And, with this new legislation, judges will still have their full range of judicial tools to make sure individuals are following the law.”

A recent study shows that when people lose their license, 40% lose their jobs. “This harms whole families and communities, not to mention our state’s economy,” said Representative Christine Chandler. “License suspensions have severe consequences, especially in rural areas. They should be reserved for dangerous driving, not debt.”
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“Debt-based license suspensions force an impossible choice: stop driving — and lose access to work and basic necessities — or keep driving, thus risking arrest and risk more more unaffordable fines and fees and further criminal consequences,” said Monica Ault, New Mexico State Director at the Fines and Fees Justice Center. “Yesterday’s vote brings New Mexico one step closer to ending this vicious cycle of poverty and punishment.”

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Senator Crystal Diamond, Senator Siah Correa Hemphill Pass Legislation to Support Black Fire Recovery Efforts

3/6/2023

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PictureSenator Crystal Diamond (R-Elephant Butte)
SANTA FE – Today, Senate Bill 334, sponsored by Senator Crystal Diamond (R-Elephant Butte) and Senator Siah Correa Hemphill (D-Silver City), passed the Senate with unanimous bipartisan support.

The bill appropriates $3 million in funding to support recovery efforts resulting from the 2022 Black Fire. “The Black Fire will have generational impacts on our families in southwest New Mexico,” said Senator Diamond. “My communities desperately need relief to rebuild from this historic fire and this funding will help ensure that our residents, farmers, ranchers, and producers are not left out to dry.” “This bill will fast-track $3 million in emergency funds to Sierra, Hidalgo, and Grant counties,” added Senator Correa Hemphill. “With over 1,000 farms and 3 million acres of agricultural land, members of these communities play a crucial role in the New Mexico economy, and it is vital that we do all we can to get these communities back on their feet.”

​The Black Fire was the second largest fire in modern New Mexico history, having burned more than 325,000 acres. The fire destroyed two structures and threatened an additional 51 structures nearby. 

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NMSU system ends COVID-19 vaccine, case reporting requirements

3/2/2023

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LAS CRUCES - KRWG through NMNews Network - The New Mexico State University system announced Wednesday that it will end its requirement that all employees and students become fully vaccinated against COVID-19 as a condition of employment or enrollment. The requirement has been in place since January 2022 for employees and was extended to in-person students in July 2022.


In a memo issued to the NMSU community Wednesday, Chancellor Dan Arvizu said that while the vaccine requirement had served the university community well during its time, the declining efficacy of the primary series against current variants was a factor in the decision.


“The effectiveness of the primary series on its own waned significantly in the last year due to the evolution of new viral variants,” Arvizu explained. “We strongly encourage everyone to stay up to date with the latest COVID-19 boosters, which are effective in reducing the severity of the disease, but our requirement of the primary series of vaccines as a condition of employment or enrollment in the NMSU system is no longer suitable.”
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In addition, the university system will no longer require employees and students to report positive cases through its online portal system – though campus resident students are still expected to report positive cases to residence life staff.

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