SANTA FE — New Mexico Center on Law and Poverty (NMCLP) announced that Wednesday, after over a decade of work by families and community leaders seeking fair access to state agencies for New Mexicans who don’t speak English, the governor signed a bill mandating state agencies create and implement plans for translation and interpretation services.
House Bill 22: Limited English Access To State Programs goes into effect July 2023.
“This law will ensure more New Mexicans their rights to public resources, alleviate small grassroots organizations of the burden of being a catch-all to fill gaps in accessible services, and give informed decision making power and agency back to New Mexicans,” said Sachi Watase of the New Mexico Asian Family Center. “Our communities have asked for equitable language access. Today, we are thrilled that our state is taking this step to honor the commitment and decades of work from my predecessors and ancestors, community-based organizations and advocates, our bill sponsors, legislators and public officials, essential workers who have witnessed the harm language barriers have caused first-hand, and of course, the generations of individuals, families, communities and allies across New Mexico who have worked tirelessly to lay the groundwork to help us get here today.”
Sponsored by Representatives Kay Bounkeua and Patricia Roybal Caballero and Senators Antoinette Sedillo-Lopez and Mimi Stewart, HB 22 requires all state agencies with secretaries to collect data on language use by families the agency serves and to develop and implement plans for ensuring meaningful access to state services through translation and interpretation.
“Our state’s cultures and languages are some of our greatest strengths,” NMCLP attorney Verenice Peregrino Pompa said. “We thank the governor for demonstrating her commitment to racial justice by signing this bill into law. We also thank the bill’s sponsors and the New Mexico Asian Family Center for leading this effort for fair access to state services for all New Mexicans regardless of the language they speak.”
The bill’s signing follows a Feb. 25, 2022 federal court ruling reaffirming the New Mexico Human Services Department’s obligation to identify languages spoken by families trying to access food and medical assistance and to translate documents based on the demographics of those served by local agency offices. The court also ordered HSD to include information on the availability of language assistance services on Medicaid notices and to immediately fix its automated phone system to offer interpretation in multiple languages.
The New Mexico Department of Workforce Solutions entered into a settlement with the U.S. Department of Labor in 2020, following complaints, that requires the agency to translate the application and other documents used in the unemployment system.
New Mexicans who speak languages other than English have reported barriers accessing food and medical assistance, which has been especially difficult during the pandemic. Some lost food assistance multiple times because notices about renewing benefits are only in English. Others reported having to pay private interpreters, despite having no income and having to deal with unnecessary in-person contact during the public health emergency.
Community-based organizations that work directly with New Mexicans that speak languages other than English or Spanish, like the New Mexico Asian Family Center and the Refugee Well-being Project, currently have to divert limited resources in order to provide translation and interpretation services that are the state’s responsibility under federal and state law.
Many New Mexicans speak languages other than English, including Vietnamese, Chinese, Dari, Arabic, Swahili, Kinyarwanda, and Diné. Many of these languages meet population thresholds that require translation of food and medical assistance applications and documents under federal law. However, the state typically only provides written documents in English and at times in Spanish, and oral interpreters can be difficult to reach without additional help.
The court order can be found here: http://nmpovertylaw.org/language-access-order-hatten-gonzales-v-scrase-2022-03-01/
Information on HB 22 can be found here: https://drive.google.com/file/d/1j6ZmNw7JHYZ3KoXzTwq-nU26SIQRUxeZ/view