2020-2024 HISPANIC PUBLIC POLICY AGENDA

NATIONAL HISPANIC LEADERSHIP AGENDA QUADRENNIAL BLUEPRINT FOR ADVANCING THE LATINO COMMUNITY

1 2 TABLE OF CONTENTS

TABLE OF CONTENTS ABOUT NHLA...... 5 INCLUSIVITY AND THE TERMS HISPANIC AND LATINO/A/@/E/X...... 5 MESSAGE FROM THE CHAIR...... 7 NHLA LEADERSHIP...... 8 NHLA PUBLIC POLICY AGENDA CO-CHAIRS...... 8 NHLA MEMBERSHIP...... 9 ACKNOWLEDGMENTS...... 9 EXECUTIVE SUMMARIES ...... 10 ECONOMIC SECURITY AND EMPOWERMENT ...... 10 EDUCATION...... 12 IMMIGRATION...... 14 GOVERNMENT ACCOUNTABILITY ...... 16 CIVIL RIGHTS...... 18 ENVIRONMENT AND ENERGY...... 20 HEALTH...... 22 PUERTO RICO...... 24 LATINA RIGHTS AND WELL-BEING...... 26 LGBTQ RIGHTS AND WELL-BEING...... 28 2020-2024 HISPANIC PUBLIC POLICY AGENDA...... 31 ECONOMIC SECURITY AND EMPOWERMENT...... 31 EDUCATION...... 42 IMMIGRATION...... 55 GOVERNMENT ACCOUNTABILITY ...... 68 CIVIL RIGHTS...... 74 ENVIRONMENT AND ENERGY...... 87 HEALTH...... 98

3 ABOUT NHLA

NHLA is composed of over 40 of the leading national and regional Hispanic civil rights and public policy organizations in the U.S.

4 ABOUT NHLA

ABOUT NHLA

The National Hispanic Leadership Agenda NHLA brings together Hispanic leaders to (NHLA) was established in 1991 as a establish policy priorities that address, and nonpartisan association of major Hispanic raise public awareness of, the major issues national organizations and distinguished affecting the Latino community and the Hispanic leaders from all over the nation. nation as a whole. NHLA’s mission calls for unity among Latinos around the country to provide the Hispanic community with greater visibility and stronger influence in our country’s affairs.

INCLUSIVITY AND THE TERMS HISPANIC AND LATINO/A/@/E/X

NHLA is committed to being inclusive term is widely used to describe a pan-ethnic and seeks to fully reflect and promote the Spanish-speaking group of people, it is not diversity of our communities throughout the universally embraced by the communities NHLA policy agenda. When terms such as who have been labeled as such. Due to its “Latino,” “Hispanic,” “Latino/a,” or “Latinx” are connection to Spanish colonization, some view used throughout the public policy agenda, the term Hispanic as a Eurocentric label that we intend them to represent all persons of erases the Indigenous and Afro-Latino heritage Latino/a/@/e/x or Hispanic heritage, and those of people from Latin America. who identify as Hispanic or Latino/a/@/e/x, while also acknowledging the shortcomings The terms Latino, Latina, Latin@, Latine, and of these terms. For those not familiar with the Latinx refer to a person or group of people community’s subtle usage of these terms, we of Latin American or Caribbean origin or provide a brief explanation below. descent; this includes people from all countries in Latin America and the Caribbean but The word Hispanic is closely tied to the U.S. excludes Spain. When used in the singular government and its efforts to identify groups form, Latino refers specifically to a man or boy, of people, which defines it as “Americans which is why it is necessary to use the term of Spanish origin or descent.” Under this Latina when referring to women or girls of definition, Hispanic only refers to people who Latin American origin. The reason the term are originally from Spanish-speaking countries. “Latinos” applies to a broader group of people This term includes people from Spain but is that the Spanish language is gendered and excludes people from Brazil. Although this the masculine forms of words may also be (CONT. ON NEXT PAGE)

5 ABOUT NHLA

considered gender-neutral, which means that the language itself sets a baseline that is both heterosexual and masculine and by default The terms exclusionary. The term “Latinx” arose out of a desire to have a gender-neutral term, and is LATINO, LATINA, used to refer to people of Latin American or Caribbean origins and is inclusive of those who identify along a gender spectrum and diverse LATIN@, LATINE, sexual orientation and gender identities. Latinx began appearing on the Internet in queer and LATINX refer communities in the United States; however, it is not always considered the perfect response to a person or to the search for a postcolonial word because it requires an understanding of the English group of people language and tends to highlight people of mestizo identity while erasing Indigenous of Latin American and Afro-Latino identities. Some also have used the term “Latin@” to be inclusive, using or Caribbean the @ symbol to represent both an O and an A. More recently, “Latine” has emerged as an origin or descent. alternative to Latinx as a gender-neutral term rooted in the Spanish language. It is starting to be used in some parts of Latin America and the Caribbean and is also starting to gain some recognition in the United States.

6 ABOUT NHLA

MESSAGE FROM THE CHAIR

The National Hispanic Leadership Agenda (NHLA) is a coalition of over 40 of the most prominent national Latino advocacy organizations. NHLA releases its Hispanic Public Policy Agenda every four years to coincide with the election of a President. The Agenda can guide voters and candidates in considering and addressing the major concerns of the Latino community, which has been the largest minority community (or the second largest racial/ethnic community) in the United States since 2003. It is also intended to be a guide for where the country should be headed on these policy issues in the next four years.

In this uniquely challenging year, the Agenda was delayed in order to ensure that the ramifications of three critical events could be incorporated throughout every portion of the Agenda. First, the unprecedented COVID-19 pandemic has had a pronounced impact on the Latino community, with higher rates of infection and of death from infection, highlighting the devastating impacts of disparities in income, wealth, housing, and health care. Second, the terrible recession catalyzed by the pandemic and the weak national leadership in response to the recession has also exposed the discriminatory effects of government and private policy on the national Latino community, which has experienced higher rates of job and income loss, as well as discriminatory denial of government relief. Third, nationwide demonstrations in response to the police murder of George Floyd and other instances of biased law enforcement violence have catalyzed a deeper discussion and concerted action in response to heightened awareness of the systemic injustice faced by Blacks and other people of color, including Latinos. The confluence of these three salient demonstrations of our nation’s continued challenge with entrenched bias and institutional racism will have an enduring impact on policymaking in the next four years and beyond, so revision of the Agenda was essential in light of these developments.

At the same time, this Public Policy Agenda comes in the midst of four-plus years of unrelenting and open bias against Latino immigrants and the Latino community as a whole, emanating from the White House, election campaigns, and other leaders. There is little question that this more direct and publicly expressed antipathy to the Latino campaign has had a negative effect on the rights of Latino community and has encouraged continued and worsened exclusion of the Latino community in so many areas of social and economic influence in the United States.

One clear catalyst of open anti-Latino discourse is the continued growth of the Latino community and irresponsible exploitation of fears of demographic change catalyzed by that growth. Responsible reaction to demographic growth involves recognizing and welcoming the growth, incorporating that growth in all public policymaking, and working assiduously to secure full integration of the growing community into the national social fabric.

With Latinos now comprising greater than one in four public elementary and secondary school students nationwide, the United States simply cannot thrive in the future without greater strides toward complete Latino integration. Public policy must follow a new paradigm of attention to the Latino community as central to the development of public policy that serves all communities, including all communities projected to see significant growth in the future. “Citizens first” ideology, which too often barely masks repugnant white nationalist tendency, must give way to inclusion and equity first as motivating principles. This NHLA Hispanic Public Policy Agenda can be a guide to responsible and productive policymaking for the next four years.

Together toward a bright future, Thomas A. Saenz NHLA Chair

7 ABOUT NHLA

NHLA LEADERSHIP

THOMAS A. SAENZ JUAN ANDRADE, JR. CHAIR MEMBER-AT-LARGE MALDEF (MEXICAN AMERICAN LEGAL DEFENSE U.S. HISPANIC LEADERSHIP INSTITUTE (USHLI) AND EDUCATIONAL FUND) MARK MAGAÑA AMY HINOJOSA MEMBER-AT-LARGE TREASURER GREENLATINOS MANA, A NATIONAL LATINA ORGANIZATION ALBERT ZAPANTA

HECTOR SANCHEZ MEMBER-AT-LARGE CHAIR EMERITUS UNITED STATES-MEXICO CHAMBER OF MI FAMILIA VOTA COMMERCE (USMCOC)

For more information about NHLA and its leadership, please see our website https://nationalhispanicleadership.org/, or reach out to us at [email protected] or @NHLAgenda.

NHLA PUBLIC POLICY AGENDA CO-CHAIRS

ECONOMIC SECURITY AND EMPOWERMENT ENVIRONMENT AND ENERGY COMMITTEE COMMITTEE CO-CHAIR: LAURA ESQUIVEL, HISPANIC FEDERATION CO-CHAIR: BRUCE GOLDSTEIN, FARMWORKER CO-CHAIR: MARK MAGAÑA, GREENLATINOS JUSTICE CO-CHAIR: ERIC RODRIGUEZ, UNIDOSUS HEALTH COMMITTEE CO-CHAIR: ANN MARIE BENITEZ, NATIONAL LATINA EDUCATION COMMITTEE INSTITUTE FOR REPRODUCTIVE HEALTH (NLIRH) CO-CHAIR: ANTONIO FLORES, HISPANIC CO-CHAIR: ELENA RIOS, NATIONAL HISPANIC ASSOCIATION OF COLLEGES & UNIVERSITIES (HACU) MEDICAL ASSOCIATION CO-CHAIR: THOMAS SAENZ, MALDEF (MEXICAN AMERICAN LEGAL DEFENSE AND EDUCATIONAL PUERTO RICO WORKING GROUP FUND) CO-CHAIR: JUAN CARTAGENA, LATINOJUSTICE PRLDEF CO-CHAIR: FRANKIE MIRANDA, HISPANIC FEDERATION IMMIGRATION COMMITTEE CO-CHAIR: LAURA ESQUIVEL, HISPANIC FEDERATION LATINA TASK FORCE CO-CHAIR: THOMAS SAENZ, MALDEF (MEXICAN CO-CHAIR: PATTI TOTOTZINTLE, CASA ESPERANZA: AMERICAN LEGAL DEFENSE AND EDUCATIONAL NATIONAL LATIN@ NETWORK FUND) CO-CHAIR: ANN MARIE BENITEZ, NATIONAL LATINA INSTITUTE FOR REPRODUCTIVE HEALTH (NLIRH) GOVERNMENT ACCOUNTABILITY COMMITTEE CO-CHAIR: AL GALLEGO, NATIONAL ASSOCIATION OF LGBTQ RIGHTS TASK FORCE HISPANIC FEDERAL EXECUTIVES (NAHFE) CO-CHAIR: GUILLERMO MENA, NATIONAL HISPANIC CO-CHAIR: KENNETH ROMERO, NATIONAL HISPANIC CAUCUS OF STATE LEGISLATORS (NHCSL) CAUCUS OF STATE LEGISLATORS (NHCSL) CO-CHAIR: DAVID M. PÉREZ, HISPANIC FEDERATION

CIVIL RIGHTS COMMITTEE CO-CHAIR: JUAN CARTAGENA, LATINOJUSTICE PRLDEF CO-CHAIR: THOMAS SAENZ, MALDEF (MEXICAN AMERICAN LEGAL DEFENSE AND EDUCATIONAL FUND)

8 ABOUT NHLA

NHLA MEMBERSHIP ALIANZA AMERICAS MANA, A NATIONAL LATINA NATIONAL HISPANIC MEDIA ORGANIZATION COALITION (NHMC) AMERICAN GI FORUM MEXICAN AMERICAN LEGAL NATIONAL HISPANIC MEDICAL ASPIRA ASSOCIATION, INC. DEFENSE AND EDUCATIONAL ASSOCIATION (NHMA) FUND (MALDEF) AVANCE NATIONAL LATINA INSTITUTE FOR MI FAMILIA VOTA REPRODUCTIVE HEALTH (NLIRH) CASA DE ESPERANZA NALEO EDUCATIONAL FUND NATIONAL LATINA/O CONGRESSIONAL HISPANIC PSYCHOLOGICAL ASSOCIATION CAUCUS INSTITUTE (CHCI) NATIONAL ASSOCIATION OF (NLPA) HISPANIC FEDERAL EXECUTIVES FARMWORKER JUSTICE (NAHFE) PRESENTE.ORG

GREEN LATINOS NATIONAL ASSOCIATION OF SER-JOBS FOR PROGRESS LATINO ARTS AND CULTURES NATIONAL INC. HISPANIC ASSOCIATION OF (NALAC) COLLEGES & UNIVERSITIES SOUTHWEST VOTER (HACU) NATIONAL ASSOCIATION REGISTRATION EDUCATION OF LATINO INDEPENDENT PROJECT (SVREP) HISPANIC FEDERATION (HF) PRODUCERS (NALIP) U.S.-MEXICO FOUNDATION HISPANIC NATIONAL BAR NATIONAL CONFERENCE OF ASSOCIATION (HNBA) PUERTO RICAN WOMEN, INC. UNIDOSUS (NACOPRW) HISPANICS IN PHILANTHROPY UNITED STATES HISPANIC (HIP) NATIONAL DAY LABORER CHAMBER OF COMMERCE ORGANIZING NETWORK (NDLON) (USHCC) INTER-UNIVERSITY PROGRAM FOR LATINO RESEARCH (IUPLR) NATIONAL HISPANIC CAUCUS OF UNITED STATES HISPANIC STATE LEGISLATORS (NHCSL) LEADERSHIP INSTITUTE (USHLI) LABOR COUNCIL FOR LATIN AMERICAN ADVANCEMENT NATIONAL HISPANIC COUNCIL UNITED STATES-MEXICO (LCLAA) ON AGING (NHCOA) CHAMBER OF COMMERCE

LATINOJUSTICE PRLDEF NATIONAL HISPANIC VOTO LATINO FOUNDATION FOR THE ARTS LEAGUE OF UNITED LATIN (NHFA) AMERICAN CITIZENS (LULAC)

For more information about NHLA and its members, please see our website https://nationalhispanicleadership.org/, or reach out to us at [email protected] or @NHLAgenda.

ACKNOWLEDGMENTS

NHLA’s Board would like to extend its gratitude Brianna Chapa, Adam Fernandez, Alexandra to the many individuals who have dedicated their Gulden, Stephanie Lopez, Charles Orta, Carolina time, energy, vision, and commitment to make Rivera, and Andrea Senteno for their work editing this agenda possible. We would like to thank the the agenda. Sincerest thanks to LA Pressed for leadership and staff members of all the NHLA design work on the agenda. Above all, we are coalition members for drafting their sections. thankful for the opportunity to serve the Latino We would also like to thank Celeste Acevedo, community. It is our true and distinct honor.

9 EXECUTIVE SUMMARIES Economic Security and Empowerment

ECONOMIC SECURITY AND EMPOWERMENT Despite progress, Latinos continue to face a wealth gap and other financial obstacles that inhibit the realization of their full economic potential. NHLA proposes a range of policies to empower the economic well-being of Latino communities across the country.

PRINCIPAL POLICY RECOMMENDATIONS

EXPAND WORKFORCE OPPORTUNITIES

Policy solutions must aggressively work to narrow the educational gap between Latino and other adults. Greater investment is also needed in workforce training programs – especially for youth and women – as well as English instruction, and the inclusion of community-based organizations in the implementation of these programs.

IMPROVE WORKING CONDITIONS PROMOTE POLICIES THAT REWARD WORK Policy solutions must increase federal enforcement of worker protections, Policies must be implemented to improve living including in fissured workplaces where standards for Hispanic workers in low-paid occupations, including increasing the minimum convoluted subcontracting arrangements wage to $15 per hour by 2024 and expanding tax make it difficult to protect workers’ rights. policies, such as the Earned Income Tax Credit, NHLA also recommends enactment of the to more people without children. Policies should implement permanent small-area, cost-of-living Paycheck Fairness Act, guaranteed paid adjustments to personal income tax brackets, sick and family leave, defending workers’ cash or near-cash benefits, including COVID-19 ability to join unions, and extending relief payments, and the official poverty measure should fairly account for disproportionate worker protections currently denied burdens on the urban poor and other city to farmworkers, care-givers, domestic and high-cost area dwellers. Policies should workers, and day-laborers. Policies must also ensure that essential workers during the COVID-19 pandemic or any other public health require employers to provide paid family emergency are provided additional health and parental leave, equal pay by race protections, benefits, and premium hazard pay, and gender, and healthcare benefits. as well as full access to paid sick leave, regardless Policymakers must support legislation and of immigration status. enforcement of strong worker protection standards that protect farmworkers from pesticides, heat-related illnesses, and other environmental hazards.

10 Economic Security and Empowerment EXECUTIVE SUMMARIES

ENHANCE FINANCIAL ACCESS AND PROTECT CONSUMERS

To better protect Latinos from predatory financial services while extending access to credit, measures must be taken to increase access to small-dollar loans, individualized financial counseling, improved accuracy of credit reports, and maintain the role of the Consumer Financial Protection Bureau (CFPB).

INCREASE RETIREMENT SECURITY Policies must be created to improve retirement security and combat elder poverty, including expanded access to 401(k)s and individual retirement accounts (IRAs), the creation of federal savings plans, protecting Social Security from cuts, and increased funding for the Older Americans Act’s programs.

SUPPORT AFFORDABLE RENTAL AND HOMEOWNERSHIP

Multiple measures must be taken to reverse the downward trend in the Hispanic homeownership rate, including strong implementation and enforcement of the CFPB servicing rules and increased housing counseling, while also addressing the need for farmworker housing.

SUPPORT LATINAS IN THE WORKFORCE

Latinas face the largest wage gap among women, earning just 53 cents for every dollar paid to White non-Hispanic men. This wage gap is evident even when accounting for educational and professional achievement. NHLA supports policy efforts that advance gender equity in the workplace, study the effects of the wage gap among Latina subgroups, and ensure that all Latina women are compensated fairly and on par with their counterparts.

11 EXECUTIVE SUMMARIES Education

EDUCATION With Latinos comprising more than 25 percent of the public school student population, future U.S. economic competitiveness depends in great part on Latinos’ educational attainment. While progress has been made, much work remains to be done.

PRINCIPAL POLICY RECOMMENDATIONS

PROTECT THE RIGHTS OF LATINOS AND LATINAS IN ALL LEVELS OF EDUCATION

• Ensure that the Department of Education, • Require the Secretary of Education to Office for Civil Rights advances policies, publicly support the rights of all students guidance, and enforcement to ensure to access education regardless of their equal access to education for all immigration status, and affirmatively state students regardless of race, ethnicity, that it would be against the law for a school sexual orientation, gender identity, and to call immigration enforcement on a immigration status. student or a parent.

EARLY CHILDHOOD EDUCATION • Institute universal pre-school and expand existing Head Start programs, including Migrant and Seasonal Head Start.

ELEMENTARY AND SECONDARY EDUCATION • Assess all students annually with valid • Provide greater resource equity to address culturally and linguistically competent academic disparities. assessments disaggregated by race and • Expand Latino-serving programs to meet ethnicity. the increased Latino student population, • Establish goals to reduce student including the migrant education program achievement gaps across multiple measures and language instruction for students with and require remedies focused on reducing limited English proficiency. student achievement gaps. • Ensure that every child has the resources they • Hold schools accountable for the progress of need to succeed, including every tool that all students, and all groups of students. students need for distance learning during the COVID-19 crisis.

12 Education EXECUTIVE SUMMARIES

HIGHER EDUCATION

• Strengthen financial aid programs. • Ensure non-U.S. citizen students have equal • Increase funding for Hispanic-Serving access to admissions and in-state tuition Institutions (HSIs) and college preparatory if they are otherwise eligible but for their programs. immigration status. • Ensure for-profit institutions meet gainful • Expand Latino-serving programs to meet employment standards. the increased Latino student population • Incentivize community colleges to transfer including federal TRIO programs, Gaining more students of all backgrounds to four- Early Awareness and Readiness for year institutions. Undergraduate Programs (GEAR-UP), Title • Enact the Dream Act and guarantee that IV, Part A, Special Programs for Migrant Dreamers, Deferred Action for Childhood Students (High School Equivalency Program Arrivals (DACA) recipients, and Temporary (HEP), and the College Assistance Migrant Protected Status (TPS) holders have equal Program (CAMP), and grants to HSIs. access to federal, state, and institution-level financial aid opportunities. TITLE IX PROTECTIONS • Advance policies and guidance that SCHOOL-TO-PRISON PIPELINE ensure equal access to education for • Reform overly harsh school discipline all students who experience sexual policies that lead to suspension, expulsion, harassment; that protect the health, or criminalization. safety, and well-being of survivors; and ensure that protections from discrimination based on sex also TEACHERS, COUNSELORS, AND include individuals who experience ADMINISTRATORS discrimination based on sexual • Strengthen the requirements for the orientation or gender identity. cultural and linguistic competency of teachers and administrators (including appropriate assessments and certifications), support teacher preparation programs at Minority-Serving Institutions (which prepare most teachers of color), and encourage the hiring and retention of Latinos in higher education.

VETERANS EDUCATIONAL OPPORTUNITY • Launch a proactive awareness campaign about G.I. Bill benefits for Latinos who enlist in the armed forces, their families, and those veterans already in college.

13 EXECUTIVE SUMMARIES Immigration

IMMIGRATION In recent years, immigration from Latin America has generally been on a decreasing trend, with the exception of Central Americans who have been seeking a safe haven from violence. Although immigration rates have declined, anti-Latino and anti-immigrant fervor has increased in the media, and from elected and appointed officials in the Executive Branch and Congress. In addition, the disproportionate effects of the COVID-19 pandemic and economic recession on communities of color, low-income communities, and immigrant communities highlight the persistent vulnerabilities that immigrants face in the United States. NHLA calls on the current Administration, and any future administration, to reverse the cruel treatment of Central Americans seeking safe haven, to end family detention practices, and to treat those seeking refuge in a manner consistent with human rights principles. NHLA also calls on Congress to pass substantive immigration reform.

PRINCIPAL POLICY RECOMMENDATIONS

SUBSTANTIVE IMMIGRATION REFORM • Pass substantive immigration reform • Eliminate the regulatory red tape legislation that includes: an earned path created by the Trump Administration to citizenship, family reunification, the that is crippling our legal immigration Dream Act, a path to Lawful Permanent system, including but not limited to: the Resident status for long-time recipients public charge wealth test, exorbitantly of Temporary Protected Status (TPS) higher naturalization fees, and other immigration fees. and similar programs, greater discretion • Reform temporary foreign worker to immigration authorities to prevent programs to reduce labor exploitation deportation in certain types of cases, and and provide paths to immigration status stronger protections against exploitation and citizenship. for immigrant workers, including • Terminate the Migrant Protection undocumented farmworkers. Protocols and ensure immigrants are provided full access to asylum and refugee protections consistent with federal law and international obligations.

ADMINISTRATIVE RELIEF • Reverse efforts to end Deferred Action for Childhood Arrivals (DACA). Enact policies to extend deferred action to parents of DACA holders and LGBTQ immigrants without children, in the absence of federal legislation. • Reverse orders by the Attorney General and new proposed regulations that make establishing gender-based violence or gang violence-related asylum claims more difficult.

14 Immigration EXECUTIVE SUMMARIES

STATE AND LOCAL ENFORCEMENT OF FEDERAL IMMIGRATION LAWS

• Stop states and localities from enforcing federal immigration laws. • Eliminate 287(g) programs that deputize local law enforcement to enforce federal immigration laws and oppose any measures that mandate local authorities to comply with immigrant detainers or requests for notification.

NATURALIZATION AND INTEGRATION • Lower naturalization fees and reduce • Grant the right of naturalization, including processing times for applications. retroactively, to all farmworkers and other • Expand adult English language and civics essential workers working in the United education. States during the COVID-19 crisis and • Provide funding for the U.S. Citizenship and provide employers immunity from adverse Immigration Services’ Office of Citizenship’s action for employing those essential integration programs, as well as allow it to workers, if they were undocumented. accept private funds.

DEMILITARIZATION OF THE SOUTHWEST BORDER

• Reverse exorbitant spending on border • Limit the geographic range of U.S. Customs enforcement. and Border Protection activity. • Replace National Guard troops with • Halt the construction of walls along the properly trained civilians. border. • End racial profiling.

IMMIGRATION DETENTION REFORMS

NHLA calls for sweeping reforms related to • Ensure better health and sanitation measures detention facilities, including the prevention within all detention facilities in compliance of detainee abuse, greater access to counsel, with Centers for Disease Control and ending the mandated bed quota and Prevention (CDC) guidelines. contracts with for-profit detention service providers, and replacing detention facilities for women, children, and other vulnerable populations with alternatives to detention.

The COVID-19 pandemic makes these reforms all the more urgent. • Release detainees from facilities where they are highly likely to contract deadly illnesses, such as COVID-19 • Ensure that children in detention centers are released in compliance with the Flores agreement and provided an opportunity to remain with their parents or other relatives through alternative to detention programs.

15 EXECUTIVE SUMMARIES Government Accountability

GOVERNMENT ACCOUNTABILITY NHLA is committed to improving the representation of Hispanics in the federal government career workforce, in appointments to state and federal political positions, and in federal procurement.

PRINCIPAL POLICY RECOMMENDATIONS

FEDERAL EMPLOYMENT

The president should issue an executive • Increased cooperation with Hispanic order on Hispanic hiring to increase the organizations that promote Hispanic hiring representation of Hispanics in career federal and training through memorandums of employment positions and other government understanding and partnerships. posts. In the absence of an executive order, • Implementing, funding, and enforcing federal government agencies and departments strong accountability mechanisms that should address the underrepresentation encourage agencies and managers to meet of Hispanics in the federal workforce by hiring targets. implementing the following items: • Require hiring and retention policies • Developing, funding, implementing, and that do not discriminate based on sexual enforcing a pipeline program for Hispanic orientation or gender identity, which candidates into GS-12 through GS-15 senior include policies that are inclusive of positions, to include the career Senior transgender military personnel. Executive Service (SES) and Candidate Development Programs.

POLITICAL APPOINTMENTS

NHLA Latino Appointments Program has helped increase the number of Latinos tapped for appointed positions in the last Administration, though more work remains to be done. The next administration must implement an executive order to increase the pool of eligible candidates for appointed positions.

16 Government Accountability EXECUTIVE SUMMARIES

FEDERAL PROCUREMENT To increase federal contracting opportunities for the thriving Latino-, and particularly Latina-, owned small business sector, the federal government should: • Take steps to increase Hispanic participation in the 8(a) Business Development Program. • Increase the number of Hispanics serving as Small Business Directors in the top 25 agencies. • Implement the White House’s Small Business Federal Contracting Task Force recommendations. • Improve small business contracting opportunities in general.

GOVERNMENT SHUTDOWNS

Amend the Antideficiency Act to ensure that government shutdowns are no longer used as a partisan weapon that puts innocent Americans in the crossfire.

17 EXECUTIVE SUMMARIES Civil Rights

CIVIL RIGHTS Today’s obstacles to the full civic engagement of the Latino community come from both institutional and purposefully discriminatory actions. NHLA is dedicated to protecting the civil and constitutional rights of all persons within the United States.

PRINCIPAL POLICY RECOMMENDATIONS

DEMOCRACY AND VOTING RIGHTS • Oppose the unconstitutional attempts to • Support same-day registration and early restrict or end birthright citizenship. voting options. • Amend the Voting Rights Act of 1965 to • Ensure federal investigations and require pre-clearance review of election prosecutions of voter discrimination. changes by historic offenders, and require • Rein in unlimited corporate money to pre-clearance of election changes most prevent it from distorting the democratic associated with voter discrimination, to process. protect against future discrimination. • Expand absentee and early voting to protect • Oppose excessive documentary higher-risk populations from COVID-19. requirements that disenfranchise Latino citizens.

CENSUS • Oppose any effort to exclude non-citizens from the total population count used to apportion congressional seats and votes in the Electoral College. • Adequately fund the Census Bureau and support the American Community Survey. • Ensure that the Census Bureau increases Latino representation in its workforce, enhances its engagement with Latino stakeholders, strengthens its linguistically and culturally appropriate outreach, and includes Puerto Rico in all of its data sets. • Protect door-to-door Census data collectors from spreading COVID-19 in low-income communities that did not complete the Census online, and provide an extended time period to complete the census if necessary due to the impact of the pandemic.

18 Civil Rights EXECUTIVE SUMMARIES

CRIMINAL JUSTICE AND MASS IMPRISONMENT • Reform policing to address issues of systemic • Restore the right to vote and access to federal racism and excessive use of force. financial aid to all persons regardless of • Reduce the number of people in local jails, convictions, and reduce the criminal bars to state, and federal prisons to stop the rapid naturalization. spread of COVID-19 among incarcerated • Require ethnic and racial classifications in all people. relevant criminal justice data collection. • Require law enforcement to better report • Implement pre-trial reforms that reduce statistics on hate crimes, and require social excessive bail, bonds, and civil forfeiture. media platforms to combat the dissemination • Enact trial and sentencing reforms to diversify of hate and White nationalist rhetoric. juries and reduce overly harsh sentences. • Adopt guidelines from the American Bar • Improve educational, employment, and civic Association (ABA) on a uniform Spanish engagement opportunities for the re-entry translation of Miranda rights for Spanish population. dominant persons. • Reform juvenile justice systems to break down the school-to-prison pipeline.

JUDICIARY LANGUAGE AND INTEGRATION

• Confirm judges who have demonstrated • Oppose legislation to establish English as records of preserving or expanding civil the national language and other measures rights protections and who reflect the that discriminate against language country’s growing diversity, and improve minorities. the representation of Hispanics in the • Support “English-Plus” legislation and federal judiciary. language assistance standards for those • Reject any representations that judges of with limited English proficiency skills Latino ancestry are somehow biased and receiving federally supported services. unfit to serve on the judiciary or preside over specific cases.

EMPLOYMENT DISCRIMINATION PROMOTING DIVERSITY AND TOLERANCE IN THE MEDIA • Support the U.S. Department of Justice and the U.S. Equal Employment Opportunity • Promote media ownership diversity, and Commission’s (EEOC) enforcement actions collect diversity data on media ownership against employment discrimination. and employment. • Update and improve the EEOC’s guidance • Address hate speech in the media and on national origin discrimination. investigate its correlation to hate crimes.

19 EXECUTIVE SUMMARIES Environment and Energy

ENVIRONMENT AND ENERGY At this moment, we are facing an existential climate emergency that, if not sufficiently and urgently addressed in the next several years, could seal the devastating fate of our planet, our families, our children, and generations to come. The majority of U.S. Latinos live in areas that have experienced devastating impacts of such extreme events, such as Hurricanes Irma and Maria in Puerto Rico, longer and stronger wildfires in California, flooding from sea level rise in Florida, and historic drought and heatwaves in Texas. NHLA strongly supports action, taken at all levels, to protect the health of communities and the planet, and to mitigate the growing climate crisis.

PRINCIPAL POLICY RECOMMENDATIONS

CLIMATE EMERGENCY • Support an immediate, urgent, and • Build climate-prepared and resilient comprehensive response across the communities. federal government to the climate crisis • Engage Latinos and impacted facing Latino communities and the planet communities in the development with a persistent focus on the gendered of environmental laws, policies, and impacts of climate change. regulations. • Use science-based approaches and • Create programs to deal humanely with solutions to combat the climate the humanitarian crises of migrants emergency and return to participation displaced by environmental disasters or and leadership in international efforts to climate change. address climate change.

ENVIRONMENTAL JUSTICE • Enforce and strengthen existing public • Ensure appropriate disaster relief and health, environmental, and civil rights laws, other federal funds and release them in a including: the Clean Air and Clean Water timely and legal manner without additional Acts, legislation that covers Superfund restrictions and barriers to access. clean-ups, exposure to toxic pesticides, the National Environmental Protection Act (NEPA), methane and mercury standards, legislation intended to protect farmworkers and domestic workers, and Title VI of the Civil Rights Act.

20 Environment and Energy EXECUTIVE SUMMARIES

CLEAN ENERGY, WATER, AND OCEANS

• Promote the use of renewable power • Oppose efforts to weaken the Clean generation, energy efficiency, and Water Act. enabling technologies. • Create employment opportunities • Support comprehensive federal by encouraging the training and legislation, policies, and regulations participation of Latinos in the growing that move the U.S. towards utilizing green energy sector. 100 percent clean energy by 2050, such as the Green New Deal and the 100 Percent Clean Economy Act.

CONSERVATION & PUBLIC LANDS • Support policies to protect public lands, • Continue to support full funding for the develop Latino conservation leadership, Land and Water Conservation Fund (LWCF) and protect and share Latino history in and oppose all efforts to undermine the national monuments and protected areas. Antiquities Act. • Support efforts to improve wildlife • Support federal agency policies and management and critical habitats across funding to ensure frontline communities federal and state agencies, including of color are prioritized for coastal resilience defending and strengthening the projects, and support programs that Endangered Species Act and improving promote coastal access, recreation, and wildlife corridors, including those along the education for low-income communities southern border. and communities of color. • Oppose efforts to privatize or develop • Support moratoriums on offshore drilling public lands in ways that harm Indigenous and legislation heavily curbing plastic communities and communities of color, production. and oppose all efforts to advance oil and gas drilling in the Arctic National Wildlife Refuge and other sensitive areas.

CLEAN ENERGY TRANSITION • Support deep investments in post- secondary and continuing education resources, and worker training programs ensuring access to skilled jobs in emerging and transforming economies. • Invest heavily in STEM programs at HSIs and workforce transition programs.

21 EXECUTIVE SUMMARIES Health

HEALTH Latinos face barriers to healthcare, especially with high numbers of uninsured, a lack of culturally and linguistically appropriate healthcare professionals and services, and decreasing Federal support for programs that affect the health of our communities. NHLA strongly supports the Affordable Care Act (ACA) as well as leadership, policies, and programs that can improve the health of Latinos across the nation.

PRINCIPAL POLICY RECOMMENDATIONS

ACCESS TO QUALITY AND AFFORDABLE HEALTHCARE

• Support and expand the ACA, and resist • Eliminate the seasonal worker exemption attempts to repeal it or to challenge it in under the employer mandate. court. • Strengthen health insurance portability • Ensure that health insurance options are across state lines. affordable. • Develop policies to increase healthcare • Enhance health insurance literacy programs. coverage for immigrants.

HEALTHCARE DELIVERY REFORM • Address the challenges facing economically and socially disadvantaged individuals. • Require that healthcare delivery reform be inclusive of culturally competent and linguistically appropriate services. • Focus on safety-net hospitals, clinics, and private medical practices.

MEDICARE AND MEDICAID • Support and expand Medicare and Medicaid, • Increase disease prevention programs that and resist attempts to cut these benefits. incorporate social determinants of health. • Develop incentives for quality care for • Eliminate the five-year waiting period for underserved populations. legal residents to access Medicaid. • Encourage the collection of racial and ethnic • Maintain the expansion of Medicaid to those identification in healthcare data. up to 133 percent of the federal poverty line. • Ensure cultural and linguistic competency in • Eliminate barriers to care for people in health education, policies, and care facilities. Puerto Rico.

22 Health EXECUTIVE SUMMARIES

POPULATION HEALTH

• Encourage the participation of children that allow young parents and families to and their families in programs to increase thrive, especially mothers. healthy nutrition and physical activity. • Provide LGBTQ Latinos coverage • Ensure Hispanic youth receive the human and access to care that is culturally papillomavirus (HPV) vaccination. competent. • Ensure access to the full range of • Address the needs of an aging comprehensive reproductive healthcare. population, including the particular • Promote child care and other policies needs of Hispanic elders.

SMOKING AND VAPING Develop and mandate programs about the harmful effects of smoking and vaping for schools and community organizations that target Hispanic students and their parents.

OPIOIDS • Work to eliminate racial inequity in access to • Create and fund an outreach program to prescription medicine. racial minorities with mental illness and other diseases.

COVID-19 • Ensure COVID-19 treatment, testing, and • Expand economic security measures vaccines are affordable for all people within for families, including those with the United States. undocumented immigrant family members, • Develop the infrastructure within the public such as paid family and sick leave, health system to support free or low-cost unemployment compensation, healthcare education, testing, and treatment for Latinos access, cash assistance, child care programs, through partnerships with national and educational opportunities, nutrition regional organizations. programs, and premium pay for workers in • Create a Hispanic healthcare initiative that essential sectors. includes developing medical education, research, community outreach, public education, and financing testing, treatment, and vaccines. • Create and enforce strong occupational safety standards to prevent and respond to job-related exposure to COVID-19, and provide support to businesses for implementation.

23 EXECUTIVE SUMMARIES Puerto Rico

NHLA’s Priorities for Puerto Rico are included within each section of the 2020-2024 Public Policy Agenda

PUERTO RICO Puerto Rico is home to over 3 million people who are denied some of the basic rights and federal benefits of citizens living on the U.S. mainland, despite paying billions of dollars in federal taxes each year. As U.S. citizens and taxpayers, people in Puerto Rico deserve the same treatment as those living on the U.S. mainland. Puerto Rico has been plagued in recent years by natural disasters that have resulted in widespread death and devastation to outdated infrastructure. The island’s recovery has been slowed by ineffective federal response and assistance and an overreliance on public debt by the local government. Our federal government has a moral and legal responsibility to help Puerto Rico recover. Congress and the federal government must enact a “Marshall Plan” to systematically invest the resources necessary to rebuild, revitalize, and revive Puerto Rico.

Today, Puerto Rico is hit by extreme austerity due to the PROMESA federal law, which resulted in the closure of hundreds of schools and proposals to take money from the university system, cut pensions, and undermine worker protections by allowing workers to be paid less than the federal minimum wage. It is time for Congress to repeal PROMESA.

PRINCIPAL POLICY RECOMMENDATIONS

ECONOMIC SECURITY AND EMPOWERMENT • Ensure adequate disaster relief and • Enact a Marshall Plan to hasten Puerto other federal funds are appropriated and Rico’s recovery from its natural disasters. released in a timely and legal manner, • Ensure people in Puerto Rico have without additional restrictions and barriers equitable access to federal programs to access that are not required of other including the federal Child Tax Credit, post-disaster entities. the Earned Income Tax Credit, the • Repeal the PROMESA legislation, and Supplemental Nutrition Assistance reverse draconian austerity measures Program (SNAP), and Medicaid. imposed by the federal budgetary • Repeal the Jones Act, which requires oversight board that allows workers to shipments to Puerto Rico to cost more be paid less than the minimum wage in than those to the mainland United States. Puerto Rico.

24 Puerto Rico EXECUTIVE SUMMARIES

EDUCATION • Halt austerity measures imposed on Puerto • Allocate and distribute funds appropriated Rico by the federal budgetary oversight by Congress to Puerto Rico for rebuilding board in the PROMESA legislation, which and restarting the island’s education have resulted in school closures and system without imposing additional decreased funding for the island’s public controls that are not required of other local university system. governments.

GOVERNMENT ACCOUNTABILITY • Require the U.S. Department of Housing and • Establish a process that ensures Urban Development (HUD) and other federal transparency in decisions, allocations, and agencies to release all disaster relief funds contracts by all government agencies at that are appropriated by Congress. every level to avoid corruption and favoritism. • Establish a moratorium on negotiations or • Ensure meaningful community participation repayment of existing debt until the federal and appropriate allocation of resources. government has ensured an independent • Create systems that ensure public audit is performed and certified by non- participation and radical transparency governmental experts, and discharge of any during all phases of decision-making illegal or unconstitutional debt is allowed. processes, such as robust stakeholder analysis, and collaborative and mandatory public participation mechanisms.

CIVIL RIGHTS ENVIRONMENT AND ENERGY • Prioritize collection of damage awards • Bolster Puerto Rico's agriculture sector against the local government for civil rights and promote resilient and sustainable and constitutional violations in the debt- local food production, and access to restructuring proceedings in federal court. safe, potable water, which is essential for • Ensure rebuilding and recovery in Puerto communities on the island to recover and thrive. Rico are not an excuse for exploitation Support investments into renewable and or displacement or for waiving any civil, • sustainable energy sources. human, or environmental rights in the name of speed or greed. HEALTH • Prioritize mitigation before displacement • Eliminate federal funding healthcare in the recovery and rebuilding process. disparities and make large-scale People should be allowed to elect to stay, investments to revitalize the infrastructure choose where to relocate, and have a say in and operations in hospitals and community decisions that impact their communities. health centers, and retain medical professionals on the island. • Require Medicare programs in Puerto Rico to be reimbursed at the same rate as programs in the mainland United States.

25 EXECUTIVE SUMMARIES Latina Rights and Well-Being

NHLA’s Priorities for Latina Rights are included within each section of the 2020-2024 Public Policy Agenda

LATINA RIGHTS AND WELL-BEING While the NHLA policy agenda seeks to address issues that impact all individuals in our communities, we also recognize that Latinas often encounter additional systemic barriers to advancement. To reduce these barriers, NHLA has committed to also bring a gendered lens to the impact of policies and to highlight a range of policies aimed at improving the conditions of Latinas through increased access to opportunities and improved access to safety and well-being.

PRINCIPAL POLICY RECOMMENDATIONS

ECONOMIC SECURITY AND EDUCATION EMPOWERMENT Latinas are a growing demographic in public In the United States, the gender pay gap and private education and deserve access to disproportionately impacts Latina women educational opportunities that enable them when compared to all other demographic to thrive. To further this goal, lawmakers groups. NHLA calls on lawmakers to close must support measures that protect the Latina gender pay gap and increase students from sex-based discrimination Latina economic security by enacting and promote increased Latina enrollment legislation that promotes equal pay, and faculty hiring and retention in higher increases the minimum wage, prohibits sex- education. Lawmakers must also oppose based discrimination, and guarantees paid administrative changes of Title IX that sick and family leave. Also, to better protect undermine student safety and students’ Latinas from workplace sexual assault rights in schools and on college campuses. and harassment, lawmakers must enact legislation that provides survivors of assault and harassment with protections against retaliation and improves access to services and safety.

IMMIGRATION To ensure that migrants, especially women adjudication of relief for immigrant victims of and children, are treated humanely, lawmakers domestic violence, sexual assault and trafficking must enact legislation that prohibits family through the VAWA self-petition, U and T visas, detention and separation. Lawmakers must and access to asylum. Additionally, any legislation also codify agreements that protect children, that provides temporary work visas, a pathway families and other vulnerable groups from to temporary immigration status or lawful unlimited detention and support measures permanent residency should take into account to prevent violence against all detainees. the distinct needs of spouses to obtain work Additionally, lawmakers must demand the timely authorization and access to immigration relief.

26 Latina Rights and Well-Being EXECUTIVE SUMMARIES

GOVERNMENT ACCOUNTABILITY Despite the nation’s increasing Latino/a Latina-owned small businesses and develop population, Latinas are still severely a pipeline program for Latina candidates into underrepresented in government employment, senior-level government positions, while also which is why lawmakers must increase Latina enforcing strong accountability mechanisms state and presidential political appointments. that encourage agencies and hiring managers Additionally, lawmakers must take steps to to meet hiring targets. increase federal contracting opportunities for

CIVIL RIGHTS

Latinas are on track to become one of for survivors of violence, sexual assault, and the most powerful voting blocs in the harassment. To better serve Latinas and United States, yet they still face rampant their families, lawmakers must also prioritize discrimination. To ensure that Latinas can alternatives to detention, especially for influence policy development, lawmakers pregnant women and primary caretakers, must enact legislation that provides and enact legislation that increases funding meaningful and long-term protections for for affordable housing and prohibits felon the Latino electorate, eliminates the school- disenfranchisement. to-prison pipeline, and enhances protections

ENVIRONMENT AND ENERGY

To ensure that Latinas and their families are degradation, which disproportionately affects better able to adapt to environmental changes, communities of color, lawmakers must also lawmakers must support measures that foster strengthen and support the enforcement the creation of resilient communities and enact of existing public health, civil rights, and legislation that holds polluters accountable and environmental laws and enact legislation, protects every person’s right to clean air, water, policies, and regulations that move the U.S. and public lands. To combat environmental toward 100 percent renewable energy.

HEALTH

Lack of access to affordable healthcare makes it restricts coverage for abortion care in public difficult for Latinas to make healthcare decisions health insurance programs. Policymakers must for themselves and their families. To improve also enact legislation that eliminates health access to quality healthcare, lawmakers must disparities for communities of color by tackling support access to comprehensive reproductive discriminatory practices and other systemic healthcare, restore the integrity of the Title X barriers that produce health inequities in program, increase funding for teen pregnancy vulnerable populations and support access to prevention programs, and remove all language comprehensive reproductive healthcare for in annual appropriations legislation that women of color.

27 EXECUTIVE SUMMARIES LGBTQ Rights and Well-Being

NHLA’s Priorities for LGBTQ Rights are included within each section of the 2020-2024 Public Policy Agenda

LGBTQ RIGHTS AND WELL-BEING The Hispanic (Latinx/Latine) community in the United States includes at least 1.4 million lesbian, gay, bisexual, transgender, and queer (LGBTQ) adults and several hundred thousand children and youth. LGBTQ rights vary greatly depending on the location of the workplace or residence, with some states, territories, and cities offering comprehensive protections against discrimination in employment, housing, public accommodations, education, family relations, and credit, while others offer almost no protection at all. Federal courts recognize the rights to same-sex marriage and employment protections but the federal government lags in other key areas, with transgender Americans, particularly those serving in our Armed Forces, and new transgender Hispanic immigrants. NHLA is committed to eliminating the systemic barriers placed on the LBGTQ community.

PRINCIPAL POLICY RECOMMENDATIONS

ECONOMIC SECURITY AND EMPOWERMENT

• Increase the availability of microfinance • Expand and enforce anti-discrimination for small business development, which is legislation, including anti-LGBTQ particularly critical for Hispanic, immigrant, discrimination in housing, the workplace, and LGBTQ entrepreneurs. credit, education, public accommodations, public spaces and services, federally funded programs, and jury service.

EDUCATION • Prohibit harassment, discrimination, • Provide appropriate school-based and bullying, particularly against LGBTQ mental and emotional health support students. for students, and staff that is culturally • ​Enforce Title IX protections for all and linguistically competent, including persons regardless of sexual orientation LGBTQ competence. or gender identity, to ensure that all • Combat the school-to-prison pipeline for students are free from discrimination. LGBTQ youth.

IMMIGRATION • Reverse efforts to end the use of deferred • Increase protections for LGBTQ immigrants action to provide relief to immigrants, in detention, including emphasizing safer including DACA holders, undocumented alternatives to detention and preventing immigrants with family ties in the United physical and sexual violence. If a transgender States, and other immigrants without children. person must be detained, ensure they are housed consistent with their gender identity.

28 LGBTQ Rights and Well-Being EXECUTIVE SUMMARIES

GOVERNMENT ACCOUNTABILITY

• Support policies that are inclusive of • Encourage financial support for transgender military personnel. victimized LGBTQ people and • Support documenting hate crimes organizations supporting LGBTQ against LGBTQ people nationally and people. per state.

CIVIL RIGHTS • Promote the ability to update identification condoms as evidence. documents based on gender identity • End “stop-and-frisk” policies, which rather than medical treatment. disproportionately impact Latinos, other • Support the collection of data on sexual people of color, immigrants, and LGBTQ orientation and gender identity in the people. American Community Survey and other • Support legislation that moves away from surveys, and include a non-binary option criminalization of sex work. under gender. • Prohibit the replacement of in-person • Encourage the nomination of executive visits with any tech-based alternative, and judiciary branch nominees with and the denial of visitation rights for any a record of advancing equality and non-disciplinary reason, including LGBTQ opportunity for LGBTQ people. status. • Encourage law enforcement to adopt best • Ban LGBTQ discrimination in federally- practices for policing LGBTQ communities funded re-entry programs. and condition federal grants to law • Support community re-entry programs enforcement agencies on adopting that help LGBTQ individuals reintegrate. LGBTQ-inclusive anti-profiling and anti- • Discourage arrests or detainments for bias policies. youth truancy or homelessness. • Create model Justice Department • Ensure that juvenile justice programs policies for law enforcement on key topics address the particular issues faced including police sexual misconduct, by LGBTQ Latinx youth, who are interactions with LGBTQ people, and disproportionately homeless and resort to eliminating the confiscation and use of survival crimes.

ENVIRONMENT AND ENERGY HEALTH • Expand research on the historic contributions • Support policies that provide LGBTQ Latine and places related to Latina and LGBTQ coverage and access to gender-affirming Hispanic individuals to ensure their inclusion care that is culturally competent, including in existing parks or new designations. ensuring that health plans do not have • Expand research identifying preventative arbitrary transgender-specific exclusions. measures that address the effects that • End the U.S. HIV/AIDS epidemic by 2030. climate change will have on vulnerable populations, including the LGBTQ community.

29 2020-2024 HISPANIC PUBLIC POLICY AGENDA

30 2020-2024 HISPANIC PUBLIC POLICY AGENDA

ECONOMIC SECURITY AND EMPOWERMENT

Over the past few decades, Latinos have played helping to sustain Medicare and Social Security an increasingly more significant and critical programs.5 role in the U.S. economy. In 1980, Latinos made Despite this economic progress, Latinos up only 6 percent of America’s middle class — continue to face significant economic our engine of economic growth. In 2017, that challenges. Latinos are 1.7 times more likely than composition increased to 22 percent.1 According Whites to live in poverty.6 The unemployment to a recent report by the U.S. Joint Economic rate for Latino workers is also higher than that of Committee, Latinos account for a $2.3 trillion their White counterparts, even for Latinos with a economy, which on its own would rank as the college degree.7 Median household income for eighth largest economy in the world.2 As the Latinos is about three-quarters that of Whites, report concludes, “Hispanics will take on an and Latinas make 53 cents for every dollar increasingly important role in the U.S. economy.” earned by White men.8 With over 10.5 million children living in low-income families, Hispanic Latinos are also driving new enterprises, owning children are more than twice as likely as White nearly one in four new businesses.3 In addition children to experience economic insecurity.9 to sparking economic growth, Latinos are major Even when accounting for comparable revenue, tax contributors, funding over $215 billion in tax employment growth, and profitability, Latino revenues, including some $76 billion in state and business owners are more likely to experience local taxes.4 Foreign-born Latinos draw less than credit availability issues than Whites.10 they contribute to social insurance programs,

EXPAND WORKFORCE OPPORTUNITIES Latinos are the fastest-growing segment of Hispanics, greater investment is needed to the U.S. workforce and will become nearly ensure that community-based organizations one-third of the total U.S. workforce by 2050. can support the education and training needs Public policy solutions must aggressively work of their communities. to narrow the educational gap between Latino adults and other adults.11 Now, more than ever, Hispanics often face a combination of the federal government must play an essential challenges for workforce opportunities, role in educating and training working adults including limited educational attainment, who have aged out of the public school limited basic skills, and limited English system. The federal Workforce Innovation proficiency. The current one-size-fits-all and Opportunity Act (WIOA) largely governs approach to adult education and training, the publicly funded workforce development combined with severe funding constraints, system. While WIOA has led to gains for has meant that Latinos who most need the

(CONT. ON NEXT PAGE)

31 2020-2024 HISPANIC PUBLIC POLICY AGENDA

system’s benefits most are often the least must enact legislation to expand career likely to receive them. Furthermore, Latinas opportunities for Latinos, increase access to continue to contend with unemployment rates training, lower Latino youth unemployment, of 4.2 percent compared to 3.4 percent for and fully fund WIOA implementation. Latino men.12 Unemployment among young Latinos remains stubbornly high, at 14 percent in late 2019, which deprives young people of critical work experience to prepare them for future labor market success.13 Congress

POLICY RECOMMENDATIONS

• Increase investments in adult education and from labor abuses by recruiters, placement workforce development services for low- agencies, supervisors, employers, and third skilled, limited English proficient job seekers, parties. and young workers. • Enact the Equality Act, which would amend • Provide women with equal access to training and expand existing civil rights law to provide opportunities and programs. consistent and explicit non-discrimination • Enforce existing anti-discrimination protections for LGBTQ people across provisions that prohibit sex-based employment, housing, credit, education, discrimination, including sexual orientation public spaces and services, federally funded and gender identity discrimination in hiring, programs, and jury service. job placement and segregation, training, promotions, pregnancy discrimination, equal pay, and take a firm stance against sexual harassment in the workplace. • Ensure the systematic inclusion of community-based providers in addressing unemployment and career advancement. • Ensure that Trade Adjustment Assistance, which provides training and support to workers who lose their jobs due to international trade, receives sufficient funding, especially in conjunction with efforts to expand U.S. trade agreements. • Create a tracking and monitoring system to protect internationally recruited workers

32 2020-2024 HISPANIC PUBLIC POLICY AGENDA

IMPROVE WORKING CONDITIONS

In 2017, 900 Latino workers died on the job — a visibility of victims of sexual harassment and 10 percent increase from 2013 — while deaths sexual assault in the workplace and the toll it in the overall workforce declined.14 Farmworker takes on people’s lives. Women are more often deaths are six times the national average.15 at risk in low-wage jobs with pronounced power Farmworkers also often encounter abusive labor imbalances or with work done in isolation, practices, including wage theft and substandard such as domestic care workers, hotel workers, housing. These abuses are challenging to agricultural workers, and janitors. Latinas in address because farm work is not covered by these fields may be less likely to report sexual many of the important labor protections that harassment and assault out of fear of losing cover other workers. Farmworker women face their job or fear of retaliation related to their additional challenges, including being given the immigration status. least desired and lowest-paying jobs, being the first to be laid off, receiving fewer opportunities for advancement, and being subjected to sexual assault and harassment.16

Latino workers in all industries and occupations are also vulnerable to sexual harassment. Since 2017, the #MeToo movement has increased the

POLICY RECOMMENDATIONS

• Defend the right of workers to join labor • Take active measures to prevent, investigate, unions and to participate in collective and prosecute all forms of sexual harassment, bargaining.17 including sexual assault and rape in the • Support gender equity in the workplace by workplace. enacting the Paycheck Fairness Act and other • Protect workers and prevent workplace measures that promote gender fairness in harassment by passing the BE HEARD in the the workplace, such as prohibiting pregnancy Workplace Act. discrimination18 and ensuring equal pay for • Increase and improve the quality of equal work.19 enforcement of the wage and hour and • Support the Fair Pay for All Act, which would health and safety laws, including those that amend the Fair Labor Standards Act of 1938 to protect farmworkers. expand the definition of sex to include sexual • Enact legislation to protect victims of crime or orientation and gender identity. serious labor violations from deportation. • Support legislation that would close the • Enact legislation that guarantees paid sick gender wage gap that affects LGBTQ and family leave. Latinos are the least likely communities. of any racial or ethnic group to have access to any form of paid leave.20

(CONT. ON NEXT PAGE)

33 2020-2024 HISPANIC PUBLIC POLICY AGENDA

• Prohibit forced arbitration of workplace • Address the issues faced by workers in the disputes. gig economy and fissured workplaces by • Grant farmworkers parity with other strengthening policies and enforcement to occupations under employment laws and reduce the mischaracterization of employees regulations, including minimum wage, as independent contractors and through overtime pay, the right to organize, child labor enforcement of the joint employer concept in and occupational safety standards. labor subcontracting arrangements.21 • Extend federal workplace protections • Encourage portable employment benefits to individuals employed in the shadow that are afforded to workers in traditional economy, including domestic workers, workplace environments for workers in the caregivers, farmworkers and day laborers, gig economy. among others. • Ensure that essential workers during the • Protect internationally recruited workers, COVID-19 pandemic or any other public including temporary foreign workers, from health emergency are provided additional abuse, including debt peonage, modern-day health protections, benefits, and premium slavery, discrimination in recruitment and hazard pay, as well as full access to paid sick hiring, and workplace exploitation. leave, regardless of immigration status.

PROMOTE POLICIES THAT REWARD WORK

It is time to raise the minimum wage. Today, currently taxed into, or deeper into, poverty and the federal minimum wage is $7.25. If the who could greatly benefit from an expanded U.S. minimum wage kept pace with the EITC.24 There are more than 1.3 million low- enormous productivity produced by the income Latinos who would benefit from a American workforce since the 1960s, today’s fully refundable expanded CTC.25 The Census minimum wage would be about $20.34.22 Bureau publishes the Supplemental Poverty While minimum wage workers are often Measures (SPM) which improve on the Official characterized as younger workers, the average Poverty Measure by partially accounting for age of workers who would benefit from raising variations in median rent, utilities, and some the wage is 35 years old.23 Latinos are 41 basic necessities, but still fail to account for percent more likely to earn low wages. Latinas geographical cost-of-living variations on other face the most significant wage gap, earning goods and services like food, transportation, only 53 cents for every dollar paid to White, education, recreation, and medical expenses.26 non-Hispanic men. Except for SNAP, none of the cash or near-cash benefits for low-income people, including the The Earned Income Tax Credit (EITC) and Child EITC and COVID-19 relief, contains regional cost Tax Credit (CTC) incentivize work, support of living adjustments (COLAs).27 Fixing these children, and promote lifelong health and issues would provide a much-needed income economic benefits, but leave out millions boost for 46 million households, including nine of low- and moderate-income families from million Latinos. much-needed financial relief. As a result, there are about 7.5 million childless workers, including about 1.7 million Latinos, who are

34 2020-2024 HISPANIC PUBLIC POLICY AGENDA

POLICY RECOMMENDATIONS

• Raise the federal minimum wage to $15.00 • Implement permanent small-area, cost- per hour by 2024, which would benefit at of-living adjustments to personal income least nine million Latino workers. tax brackets, cash or near-cash benefits • Support efforts to address income (including COVID-19 relief), and the official inequality, including pay discrimination poverty measure (or switch the Official based on race, ethnicity, or sex, including Poverty Measure to an improved version of sexual orientation and gender identity. the SPM) to account for disproportionate • Phase out of the subminimum wage for burdens on the urban poor and high-cost tipped workers. area dwellers. • Remove the exclusions of certain • Oppose efforts to penalize U.S. citizen agricultural employers from paying the children in response to concerns about federal minimum wage. errors in the tax system. • Pass the Working Families Tax Relief • Ensure that labor enforcement agencies Act, which would fix the EITC and CTC prevent, investigate, and vigorously holes by providing fairness for childless prosecute wage theft and other labor workers who receive very little, if anything, abuses committed against Latino from the EITC and making the CTC fully workers.28 refundable for up to $2,000 per child.

ENHANCE FINANCIAL ACCESS AND PROTECT CONSUMERS

Latino and immigrant families have lower rates Congress should strive to enact legislation and of access to mainstream financial products regulatory actions to increase access to credit, and often resort to non-mainstream markets provide strong consumer protections from to access necessary financial products. predatory and discriminatory practices, and According to the Federal Deposit Insurance support individualized financial counseling Corporation (FDIC), while 24.2 percent of all while opposing any efforts to dismantle, U.S. households are either unbanked or under- weaken, or undermine the structure of the banked, 43 percent of Latino households are Consumer Financial Protection Bureau (CFPB). either unbanked or under-banked.29 Operating Unhindered access to mainstream financial outside of mainstream markets leaves Latinos products is essential for the Latino community vulnerable to less regulated and predatory and a strong economy. products, such as payday loans. Strong consumer protections are necessary to ensure that individuals are shielded from predatory and discriminatory lending practices and financial products.30

35 2020-2024 HISPANIC PUBLIC POLICY AGENDA

POLICY RECOMMENDATIONS

• Increase access to small-dollar loans and • Eliminate discrimination in automobile credit for underserved consumers and loan lending. enforce the accuracy and accountability • Increase the availability of microfinance of credit reporting entities to ensure that for small business development, which reporting errors do not harm individuals. is particularly critical for Latinos, • Oppose any efforts to dismantle, weaken, or immigrants, LGBTQ persons, and other undermine the structure of the CFPB. marginalized entrepreneurs who often • Provide strong consumer protections from have difficulty accessing capital to start predatory and discriminatory practices, or grow their businesses. including payday lending. • Support individualized financial counseling.

INCREASE RETIREMENT SECURITY

Studies show that Latinos are more likely As such, many future retirees will rely solely on to rely on Social Security benefits as their Social Security and on programs authorized main source of retirement income due to the by the Older Americans Act to provide critical absence of other sources of retirement income, nutrition, caregiving, and employment support such as pensions or retirement accounts.31 services. A lack of retirement security not only For many, Social Security is the sole means of affects retirees but can also have a profound retirement income. Studies by the Berkeley effect on our national economy. This lack of Center of Labor found that 26 percent of retirement security undermines household Latinos, compared to 22 percent of Whites, rely wealth and economic mobility, straining the on Social Security for more than 90 percent federal social safety net, and slowing economic of their retirement income. Currently, poverty growth, as retirees reduce their consumption rates for elderly Latinos are more than twice of goods and services to make ends meet. that of the U.S. elderly population as a whole. Therefore, it is in the nation’s interest to ensure Older Latinas are especially vulnerable, as they that Latinos maximize opportunities to prepare face poverty rates three times higher than for a financially secure retirement. older White women and one in five Latinas over the age of 65 live in poverty. Labor market trends suggest that absent intervention, these rates will continue to increase. Latinos are projected to account for the bulk of growth in the American workforce between 2010 and 2050. However, the majority of Latinos work for employers that do not offer retirement plans. Latinos have the lowest level of access to employer-sponsored retirement plans, and the lowest rate of eligibility for the retirement plans offered by their employers.32

36 2020-2024 HISPANIC PUBLIC POLICY AGENDA

POLICY RECOMMENDATIONS

• Improve the adequacy of Social Security • Provide a mechanism by which workers benefits and protect the program from cuts who are employed in low-paid positions that would erode the economic security of or the shadow economy may have a way low-income seniors and future generations. to participate in any federally created • Expand access to private retirement savings savings plans, particularly women who are such as 401(k)s and IRAs through state and overrepresented in many of these positions. federal policy. • Reauthorize and increase funding for • Support a savings system that encourages, the Older Americans Act, which provides through the tax code and other means, low- services to help older adults age in and moderate-income families to save for dignity and the best possible health. This their children’s education, to buy a home, includes Meals on Wheels, the congregate pay off debt, and retire securely. nutrition program, the National Family Caregiver Support Program, and the Senior Community Service Employment Program.

SUPPORT AFFORDABLE RENTAL HOUSING AND HOMEOWNERSHIP

Rising housing costs and tight credit markets combine to harm the Latino community. Latino homeownership continues to lag far behind the national rate.33 Latinos are about twice as likely to be denied a home loan compared to White borrowers.34 Additionally, today more Americans are renting than at any other point in the last 50 years.35 A large and growing share of households cannot find rental housing that they can afford, a challenge that is particularly acute for young households of color — especially Latinos.36

37 2020-2024 HISPANIC PUBLIC POLICY AGENDA

POLICY RECOMMENDATIONS

• Support dedicated funding for the assets. This ratio would harm the Latino construction of affordable rental housing and community by tempting banks to find the increased investment in the Federal Housing lowest risk loans with the highest yields, Trust Fund. ignoring the broader community’s needs. • Increase the quality and quantity of housing • Support full-service physical bank branches, for farmworkers and other rural Latinos. bank deposit facilities that serve the • Increase federal investments in affordable communities in which they are chartered to housing development, and encourage do business, and credit for consumer lending policies at the state and local levels, to when banks demonstrate that products are increase the supply of affordable rental units, responding to inadequately served local as well as preserve existing affordable housing needs and are affordable.37 units. • Ensure that the housing finance system • Increase the Latino homeownership rate furthers our nation’s fair housing goals. through increased funding for housing • Prohibit all forms of housing discrimination counseling, the number of conventional based on race, ethnicity, national origin, mortgages issued to Latinos, and affordable immigrant status, sex, religion, sexual mortgage options. orientation, or gender identity in all federal • Support robust banking and lending housing policy, including public housing, protections within the Community homeownership, and rental assistance. Reinvestment Act (CRA), which should • Enact a national, uniform moratorium on include a general framework of rating banks evictions and foreclosures in time of crises/ based on their lending, investments, and pandemic. services to LMI individuals. • Support legislation that provides emergency • Oppose the Office of the Comptroller of the rental assistance, eviction prevention, and Currency’s proposed August 2018 rule that provides additional resources for housing would switch its rating process to a ratio of stability programs. a bank’s CRA activities divided by the bank’s

END HOUSING DISCRIMINATION AND HOMELESSNESS

LGBTQ youth are significantly more likely to more likely to be single and three to four times be homeless. LGBTQ seniors are also more less likely to have children. likely to be at risk. According to AARP’s “2018 Maintaining Dignity Survey,” 76 percent of The same survey reveals that, although more LGBTQ adults age 45 and over worry about than half (53 percent) of transgender or having adequate family and social support gender-expansive survey respondents have systems to fall back on as they grow older. For children or grandchildren, this group is least Hispanic LGBTQ seniors, they are also far more likely to say they consider gay or straight likely to be concerned that their race or ethnic friends, family or neighbors part of their identities, as well as gender identity, puts them support network, putting them at increased at risk for poor quality of care. This is in part risk of isolation now and as they age. Gay men due to older LGBTQ people being two times report being less connected than lesbians on

38 2020-2024 HISPANIC PUBLIC POLICY AGENDA

every relationship type tested, from friends discrimination out-ranking others, Latino to partners and neighbors. This may put gay members of the LGBTQ community carry men at higher risk of isolation and potentially additional reasons to feel vulnerable in the influences the kinds of services they will housing and healthcare systems. need later in life. Rather than one type of

POLICY RECOMMENDATIONS

• Support policies that develop, promote, • Support legislation that increases funding and increase federal funding for affordable for homeless shelters, supportive housing housing and improve access to public programs, voluntary drug rehabilitation, and housing Section 8 vouchers for LGBTQ youth mental health services, earmarking some and adults as part of anti-trafficking efforts. funding for training programs to reduce • Promote policies that provide free or low- discrimination against LGBTQ people and cost smartphones to homeless youth and people living with HIV in such programs. elderly persons, particularly when they are • Support legislation that would increase and also LGBTQ. expand eligibility for cash assistance, remove • Collect data on the efficacy of federally time limitations and family caps on receiving funded aging programs in serving LGBTQ cash assistance, and remove restrictions on seniors through the Department of Health immigrants receiving assistance. and Human Services, and the agencies that • Prohibit all forms of housing and housing fall under its purview. accommodation discrimination based on • Support wrap-around services for LGBTQ race, ethnicity, national origin, immigrant seniors that ensures they have access to status, sex, religion, sexual orientation, adequate health services and housing, gender or gender identity or expression in all particularly addressing LGBTQ retirement housing policies, including public housing, home discrimination. homeownership, and rental assistance. • Support legislation that requires states • Support legislation that provides emergency to remove barriers to LGBTQ individuals solutions grants to respond to and prevent and families applying for public assistance outbreaks among people experiencing and expanding eligibility criteria for public COVID-19 surges. assistance to recognize LGBTQ families.

EXPAND ACCESS TO AFFORDABLE BROADBAND AND MOBILE PHONE SERVICES Latinos are currently facing a broadband crisis. a necessity, as basic services and educational and According to the Pew Research Center, only occupational opportunities have migrated online. half of all Latinos have a home broadband Indeed, students without home broadband, who connection - down from 56 percent in 2013 - are often already challenged with poverty, are with many indicating that the cost of the service increasingly victims of the “Homework Gap” and is the main barrier to adoption. Over the past are falling further behind in our schools.38 decade, broadband has evolved from a luxury to

39 2020-2024 HISPANIC PUBLIC POLICY AGENDA

POLICY RECOMMENDATIONS

• Modernize the Federal Communications • Fund expansion of broadband services to Commission’s (FCC) Lifeline Program to rural communities. subsidize broadband services. • Continue the FCC’s E-Rate program, among • Launch bilingual digital literacy campaigns. other measures. • Ensure competition in the broadband and mobile phone markets.

SUPPORT PUERTO RICO AND ITS RECOVERY FROM NATURAL DISASTERS

Puerto Rico has been plagued in recent years Our federal government has a moral and legal by natural disasters that have resulted in responsibility to help Puerto Rico recover. The widespread death and devastation to outdated only way the island can do so is if Congress and infrastructure. Ineffective federal response and the federal government enact a “Marshall Plan,” assistance slowed the island’s recovery. In 2017, which would systematically invest the resources two devastating Hurricanes – Irma and Maria – necessary to revive Puerto Rico’s healthcare hit the island of Puerto Rico in quick succession. and education systems, economy, housing, These two natural disasters caused massive public social services, and infrastructure. A infrastructure damage to the island, leaving sustainable and just recovery must focus on millions to struggle through the longest energy forward-thinking, community-driven solutions blackout in U.S. history. Between 3,000 and to minimize future devastation, ease recovery, 4,000 people died in the six months following and set-up the island, and its millions of the 2017 hurricanes. The federal government’s residents for a successful, sustainable future. response was slow and underwhelming – Our concerns extend to Puerto Ricans who especially as compared to the federal response have been forced to leave the island because to other natural disasters affecting mainland of ineffective emergency relief, a slow recovery, states in the same year. In January 2020, Puerto and lack of employment or education. Puerto Rico began experiencing a series of strong Rican Americans are disaster victims and earthquakes causing additional damage need ongoing support from national and local to already weakened systems. The federal governments, and from philanthropic sources, government should fund Puerto Rico’s recovery to ensure a successful transition to the U.S. or and rebuild it at a level that is commensurate promote a safe return to the island. with its standing as a U.S. territory populated by millions of U.S. citizens.

40 2020-2024 HISPANIC PUBLIC POLICY AGENDA

POLICY RECOMMENDATIONS

• Ensure adequate disaster relief and other accelerate the island’s economic decline federal funds are appropriated and released and outmigration. in a timely and legal manner without • Enact legislation to permanently and additional restrictions and barriers to access retroactively include Puerto Rico in not required of other post-disaster entities. Chapter 9 of the Bankruptcy Code: • Increase access to federal programs that ◦ This should include special provisions lift families out of poverty and help workers, for the current debt crisis to provide such as access to the federal Child Tax Credit federal relief for retirement plans and (CTC), the Earned Income Tax Credit (EITC), small investors who trusted the Fed- and the Supplemental Nutrition Assistance erally promoted triple-exempt status Program (SNAP), and ensure they have of Puerto Rican debt and require an access to the same health services, such as independent audit of the debt to Medicaid, and the same protections other determine illegality and conflicts of U.S. workers enjoy. interest. • Support measures that ensure that disaster ◦ This also should exclude protections relief funding has a multiplier effect by for so-called vulture funds, sophisti- prioritizing local businesses and non-profit cated investors who gambled by buy- organizations to strengthen local economies ing distressed debt at pennies on the and communities, by supporting the current dollar and now wrongfully demand work, investing in the growth and capacity full repayment. of the small business sector, and prioritizing • Support a Marshall Plan for Puerto local workforce development. Rico to ensure that the Island is on a • Collaborate with Puerto Rico’s government path to recovery and that it can access and community leadership to develop substantial federal funding to invest in economic and social support plans that critical infrastructure, such as an electric allow the island to rebuild and retain its grid, a water system, and roads, which social capital, such as promoting the return were damaged by Hurricane Maria and of evacuees. subsequent natural disasters. • Reverse draconian austerity measures • Support the permanent exemption of imposed by the federal budgetary Puerto Rico from the coastwise restrictions oversight board in the PROMESA of the Merchant Marine Act of 1920, also legislation that allows workers to be paid known as the Jones Act or the Cabotage less than the minimum wage in Puerto Law. The President should issue a Rico. temporary Jones Act waiver for Puerto Rico • Repeal the PROMESA legislation, immediately and keep it for as long as it particularly the establishment of the takes Congress to repeal the law. Fiscal Control Board, which prioritizes • Ensure U.S. citizens living in Puerto Rico debt repayment above all else and have equitable access to programs that has produced an unsustainable debt lift children and families out of poverty burden that will force the Puerto Rican such as the Child Tax Credit (CTC) and the government to default again, which would federal Earned Income Tax Credit (EITC).

41 2020-2024 HISPANIC PUBLIC POLICY AGENDA

EDUCATION

In 2020, Latinos will make up 28 percent of that would discriminate against immigrant students in public schools, a number projected students and citizens with immigrant parents. to rise to 30 percent by the end of the decade. These policies attempt to deny them college White students are no longer the majority; admissions, in-state college tuition, and financial they make up 47 percent of students in public aid benefits based solely on their immigration schools, a number projected to fall to 44 percent status or the immigration status of their parents. by the end of the decade.39 Ensuring Latino These discriminatory practices must be expressly students receive high-quality education will prohibited by legislation and investigated as be the key to ensure America has a prosperous discrimination by the Department of Education, twenty-first century. But over the past few Office for Civil Rights. years, the Latino community has seen a rise in incidents of hate against Latino students based At the time of publication, the COVID-19 crisis on their race, ethnicity, and immigration status. continues to unfold. Despite the best efforts These incidents of hate interfere with their of educators and many others, it is proving Constitutional rights to access education. difficult to provide high-quality online instruction for many Latino students due to lack of “Go back to Mexico.” “You don’t belong here.” electronic devices, connectivity, digital curricula “You’re not a real American.” These are the most specifically designed for English Learners, and common hate slurs directed at Latino students language access for parents and guardians. As in school, although the vast majority of Latinos policymakers address the COVID-19 crisis and its in schools are American citizens.40 Over the aftermath, they must work to ensure all students past few years, hate speech against Latinos and receive a high-quality education at all levels. perceived immigrant students has risen sharply Relief funds must be targeted where there is both in college41 and in K-12 public schools.42 the most need, including low-income students, All levels of government must do what they can English learners (ELs), students with disabilities, to end hate speech, bullying, and harassment families impacted by the digital divide, Latinos against Latinos, immigrant students, and other and other students of color, and Hispanic- protected classes. In the past few years, we have Serving Institutions and other Minority-Serving also seen some states attempt to enact policies Institutions.

PROTECT THE RIGHTS OF LATINOS AND LATINAS IN ALL LEVELS OF EDUCATION

Over the past few years, while hate speech, Language Acquisition, the office responsible bullying, and harassment of Latino students for coordinating language instruction for has been on the rise, the Department of the 10 percent of public school students who Education has rolled back and rescinded many are English learners, 78 percent of whom protections for Latino students, and even are Latino.43 The Department of Education considered eliminating the Office of English must fulfill its mission to protect the rights

42 2020-2024 HISPANIC PUBLIC POLICY AGENDA

of all students, regardless of their actual or undocumented. However, the law is clear: any perceived race, ethnicity, English language public school that denies a child an education proficiency, immigration status, disability by reporting them to immigration authorities status, survivor status, sexual orientation, has violated the Equal Protection Clause of the gender identity, religion, or income. Congress Constitution. Nevertheless, it took DeVos 14 must also use its oversight authority to ensure days and six separate questions from Senator that the Department of Education prioritizes Murphy for her to retract that statement in protecting these rights. a public hearing.44 This kind of apathy or ignorance is unacceptable. Going forward In 2018, Secretary of Education Betsy Devos it must be a high priority of the Department incorrectly opined that it was “a school of Education to actively defend the rights of decision...a local decision” whether schools actual or perceived immigrant students, and could call immigration authorities on a students with mixed-status families. student or a family that were suspected to be

POLICY RECOMMENDATIONS

• Fulfill the mission of the Department of sexual misconduct and transgender stu- Education to protect the rights of all stu- dents. dents, regardless of their actual or per- • Ensure that the Department of Educa- ceived race, ethnicity, English language tion, Office for Civil Rights: proficiency, immigration status, disability ◦ prioritizes claims of bullying and ha- status, survivor status, sexual orientation, rassment against Latino students, im- gender identity, religion, or income. migrant students, and other protected • Strengthen the role of the Office of En- classes; glish Language Acquisition within the ◦ advances policies and guidance that Department of Education, and the White ensure equal access to education for all House Initiative on Educational Excel- students who experience sexual ha- lence for Hispanics, and resist efforts to rassment, and that protect the health, eliminate them. safety, and well-being of survivors; • Issue a strong public statement from the ◦ investigates claims of discrimination, Secretary of Education supporting the bullying, and harassment against rights of all students to access education LGBTQ students; PROTECT THE RIGHTS OF LATINOS AND regardless of their immigration status. enforces claims of differential treat- LATINAS IN ALL LEVELS OF EDUCATION ◦ This should support the related May 8, ment against Latinos and other groups 2014 guidance, and should affirmatively that can be enforced by the disparate state that it would be against the law for impact regulations implementing Title a school to call immigration enforcement VI of the Civil Rights Act of 1964; on a student or a parent.45 ◦ prioritizes the investigation of systemic • Withdraw any attempts to roll back Title issues, in addition to individual cases; and IX protections for survivors of campus ◦ reinstates guidance on:

(CONT. ON NEXT PAGE)

43 2020-2024 HISPANIC PUBLIC POLICY AGENDA

▪ protections against discrimina- tion for transgender students, ▪ protections for survivors of campus sexual misconduct, ▪ the nondiscriminatory administra- tion of school discipline, ▪ the complaint handling process for students with disabilities and students of color, and ▪ promoting diversity in K-12 schools and higher education.

EARLY CHILDHOOD EDUCATION

Latinos are the racial or ethnic group least likely of African American children, and 49 percent to be enrolled in early childhood education, of non-Hispanic White children. Without an according to a 2019 study by the Annie E. Casey academically robust high-quality early childhood Foundation.46 This study found among three- education, Latino children will start elementary and four-year-old children enrolled in preschool, school behind their peers and be less prepared Latinos trailed behind other groups at 41 to move up the education ladder to academic percent enrollment, as compared to 51 percent and career success.

POLICY RECOMMENDATIONS

• Institute universal preschool that meets • Support schools of education and teacher national standards. colleges to establish teacher education • Increase financial support for Head Start, programs in culturally and linguistically Migrant and Seasonal Head Start, Early Head competent early childhood instruction, Start, and the Individuals with Disabilities which addresses the educational and Education Act. developmental needs of Hispanics and EL • Ensure that Migrant and Seasonal Head Start students and increases the ability of school provides after-school and daytime activities officials to communicate effectively with for children to prevent them from being limited English proficiency parents. pulled into farm labor.

44 2020-2024 HISPANIC PUBLIC POLICY AGENDA

ELEMENTARY AND SECONDARY EDUCATION

In 2015, the Every Student Succeeds Act from 7.7 million in 2000 to 15.2 million in 2027. (ESSA) was signed into law, reauthorizing the Hispanics are the only group that is expected Elementary and Secondary Education Act to experience these unprecedented rates of (ESEA). First enacted more than fifty years growth in public elementary and secondary ago in 1965, ESEA is a civil rights bill written schools. It is because of this growth in the to ensure equal access to quality education. Latino community that students of color are Within those fifty years, the Latino community no longer the minority, but the new majority of has grown from roughly 3 percent of the students in our nation’s public schools. nation to 18 percent today nationwide, and 28 percent of students in public schools. ESSA pushes much of the burden to ensure Hispanic-Serving School Districts (HSSDs) equal access to education to state and local are school districts that enroll 25 percent governments. The Department of Education or more Hispanic students. In 2016, there must issue strong federal regulatory guidance, were 3,471 HSSDs in the nation. Nine of the and states must ensure vigorous implementation ten largest school districts in the nation are and enforcement, in implementing ESSA Hispanic-Serving School Districts. The growth consistent with the law and with NHLA’s policy of the Hispanic population is highlighted by a recommendation outlined below. projected doubling of public-school enrollment

POLICY RECOMMENDATIONS

• Require states, districts, and schools to collect, ◦ curricula that are culturally and linguis- and make available annually, disaggregated tically appropriate, and aligned to a data on student subgroup and overall school state’s college- and career-ready stan- progress. dards; • Ensure data is collected and reported on ◦ culturally and linguistically appropriate subgroups of students, that the data is cross- assessments of student academic per- tabulated by race, income, EL status, and formance, based on multiple measures disability status. of student academic performance, not an isolated, high-stakes test; and • Ensure that data collection allows students ensure that at least one major compo- with more than one race or ethnicity — such ◦ nent of assessment must be objective as Afro-Latinos, Asian American Latinos, and and generalizable across states, and all Indigenous Latinos — to correctly report each components of assessment must be of their heritages. objective and generalizable within a Ensure all students have access to: • state. ◦ high academic standards that are • Ensure that systems are accountable for the statewide and prepare students for performance of students by: college and a career; (CONT. ON NEXT PAGE)

45 2020-2024 HISPANIC PUBLIC POLICY AGENDA

◦ assessing all students with valid and • Support policies that promote LGBTQ reliable statewide annual assessments, inclusion in high school athletics, including including students with disabilities the participation of transgender people in except for the most cognitively dis- sex-segregated sports. abled one percent, and English-learn- • Support policies that further research the ers exempt only in their first year in the impact of implicit bias and the discriminatory country; application of school policies such as dress ◦ including performance goals to reduce codes and codes of conduct to girls and student achievement gaps, which must LGBTQ youth. aim toward equity of outcomes at all • Expand Latino-serving programs to meet the levels of achievement, not simply to an full needs of the community, including: established competency floor; and ◦ accountability, data, and parental in- ◦ requiring proven remedies and inter- volvement (Title I, Part A); and ventions that reduce student achieve- ◦ the Migrant Education Program (Title I, ment gaps. Part C). • Ensure that every child has the resources they • Ensure states set rigorous proficiency targets need to succeed by requiring intervention for the English language proficiency of where there are disparities in access to ELs, and ensure that their assessments are educational resources, including access to culturally and linguistically competent, and high-speed internet and electronic devices, aligned to state college and career-ready such as laptops and tablets, that can be used standards. for distance learning. • Ensure that English proficiency for English- • Enact policies prohibiting harassment, learners is a significant portion of every state’s discrimination, and bullying, particularly accountability system. Cross-tabulate data by against students based on sexual orientation, race, gender, EL status, student with disability gender identity, or actual or perceived status, and economic disadvantage so that immigration status. disparities can be better identified, and • Support policies that eliminate funding of interventions can be better tailored to the law enforcement officers in schools that needs of the involved student groups. increase the detention of Latinx students, • Ensure that state plans do not diminish ELs, and LGBTQ students and promote accountability for any subgroup of students, alternatives including counseling, peer-to- and that accountability applies to all groups peer accountability mechanisms, and family of students protected by ESEA, including support through federal funding. racial and ethnic subgroups, ELs, students • Enforce Title IX protections for all persons with disabilities, and the economically regardless of sexual orientation or gender disadvantaged. identity, to ensure that all students are free • Ensure states collect and report data in from discrimination and have access to a manner that does not mask student bathrooms that correspond with their gender subgroup performance or rob school officials identity.

(CONT. ON NEXT PAGE)

46 2020-2024 HISPANIC PUBLIC POLICY AGENDA

of the ability to narrowly tailor improvement ELs, and interrupted ELs. interventions to where they are most needed. • Ensure that any requests to waive elements • Ensure that schools, districts, and states are of ESEA do not disrupt standing Office for held accountable for the performance of all Civil Rights (OCR) settlements with particular students in all schools, not just the lowest- districts within those states, or waive any performing schools. recommendations described above. • Ensure that state and local plans do not disrupt standing Office for Civil Rights (OCR) settlements with particular districts within those states. Pilot test the feasibility for states and districts to collect and report subgroup data within the larger EL category, including recently arrived ELs, long-term ELs, former

SCHOOL-TO-PRISON PIPELINE Within many schools, Latinos are LGBTQ Latino community). For instance, disproportionately suspended, expelled, criminalization of simple disciplinary matters and referred to law enforcement. These could send a student to prison, but if that exclusionary discipline practices are directly child is an immigrant, it could bar that child contrary to the goal of equal access to from ever receiving temporary or permanent education for all students. While this “school- status and may make that child eligible for to-prison pipeline” is not unique to the Latino deportation. Criminal convictions can also bar community, it has a disproportionate impact a child from ever obtaining federal financial aid on the Latino community (especially on the to go to college.

POLICY RECOMMENDATIONS

• End the practices of suspension, expulsion, and students with disabilities and students in zero-tolerance policies, the criminalization of the LGBTQ community. truancy, and involuntary school transfers. • Require that school resource officers be • Collect data on suspension, expulsion, equitably distributed between schools, not involuntary school transfers, and in-school concentrated in schools that predominantly arrests by groups of students, including serve low-income students and students of students who may have more than one color. race or ethnicity such as Afro-Latinos, Asian • Ensure that teachers are trained on classroom American Latinos, Indigenous Latinos, Latinos management as an alternative to suspension, with disabilities, and Latinos who are ELs. expulsion, and the criminalization of in-school • Address disparities on suspension, expulsion, behavior. involuntary school transfers, and in-school • Repeal prohibitions on federal financial aid for arrests between racial and ethnic groups, ELs, persons convicted of a crime.

47 2020-2024 HISPANIC PUBLIC POLICY AGENDA

HIGHER EDUCATION The Department of Education projects that over 15 percent of all higher education Latino student college enrollment will increase institutions yet serve 66 percent of all Hispanic by 26 percent by 2026, but Latino college undergraduate students. One main challenge completion rates lag far behind those of other HSIs face as they address their critical role is groups.47 Only 17.2 percent of Hispanic adults persistent underfunding relative to every other had at least a bachelor’s degree, compared degree-granting institution. According to the to 53.9 percent of Asians, 38.1 percent of Department of Education, HSIs, on average, Non-Hispanic Whites and 24.3 percent of received $3,117 per student from all federal African Americans.48 Current demographics, revenue sources, compared to $4,605 per employment, and education data for Hispanics student for all degree-granting institutions, just document the national need for more 68 cents on the federal dollar received by other significant investment to assure academic institutions to educate a disproportionately access and success throughout the PK-20 low-income student population. Furthermore, pipeline for the country’s nearly 60 million since 2009, HSIs have seen an annual increase Hispanic Americans (including 3.3 million in of 30 new HSIs per year. While federal funding Puerto Rico) and the 3.5 million Hispanics in has continued to increase in the last four higher education. years, sadly, the funding has not kept pace with the explosive growth of HSIs. While HSIs Hispanic-Serving Institutions (HSIs) are at the are currently located in half of the states in forefront of efforts to increase educational America, it is only a matter of time before their access and success for the nation’s Latinos. As presence is seen in nearly every state in the of the 2017-18 academic year, there are 523 HSIs United States. in 25 states, DC, and Puerto Rico that represent

POLICY RECOMMENDATIONS

• Strengthen financial aid programs to make grants for students; college affordable by: ◦ streamlining and simplifying the Free ◦ decreasing the interest rates on feder- Application for Federal Student Aid al student loans to a low fixed rate; (FAFSA); ◦ making Pell Grant funding manda- ◦ simplifying the procedure for migrant, tory, increasing Pell Grant caps, and foster, and homeless applicants to indexing those caps to inflation; complete and file their financial aid ◦ increasing income protection allow- applications; ances, and matching them to inflation ◦ making financial aid information to better determine financial need; available to limited English proficient ◦ providing small-dollar emergency parents and students;

48 2020-2024 HISPANIC PUBLIC POLICY AGENDA

◦ requiring the Department of Edu- income, and under which unpaid cation to partner with institutions to interest would not accrue, and standardize financial aid award letters ▪ increasing the amount forgiven and terminology; by the Teacher Loan Forgiveness ◦ improving and promoting informa- Program; and tional tools; ◦ restoring access to federal financial ◦ establishing grants to provide aid for current and formerly incarcer- high-quality and evidence-based col- ated potential students. lege counseling; • Protect the rights of non-U.S. citizen ◦ allowing educational loans to be dis- students to access higher education by: charged in bankruptcy; ◦ defending against discriminatory ad- ◦ expanding teacher loan forgiveness missions policies that deny access to programs to cover the full cost of their institutions of higher education based education after five years; solely on an applicant’s immigration ◦ expanding income-based repayment status, or the immigration status of a by: parent; ▪ giving all borrowers the option to ◦ protecting the rights of students to pay back their educational loans access in-state tuition, if they would at 10 percent of their discretion- otherwise be eligible were it not for ary income, their immigration status; and ▪ waiving accrued interest for for- ◦ guaranteeing Dreamers, DACA recip- mer Pell grant recipients, and ients, and TPS holders equal access ▪ reducing the marriage penalty to federal, state, and institution-level to 50 percent of the combined financial aid opportunities. household adjusted gross income • Improve completion rates for Latinos across for married borrowers; all institutions by: ◦ implementing fully student loan debt ◦ establishing evidence-based grant forgiveness programs in current law programs that improve completion including Public Service Loan Forgive- rates; ness, and Teacher Loan Forgiveness; ◦ creating grant programs to provide ◦ expanding student loan debt forgive- first-generation, DACA, TPS, and un- ness programs by: documented students with culturally ▪ creating a new public service loan competent academic and non-aca- repayment plan for borrowers demic support services; who are working toward the pub- ◦ developing grant programs for equity lic service or teacher loan forgive- audits; ness programs, which would be ◦ disaggregating post-secondary data based on income-based repay- by race, ethnicity, income, and stu- ment but whose payments would dent enrollment status while ensuring be 5 percent of discretionary the data collected can be cross-tab- (CONT. ON NEXT PAGE)

49 2020-2024 HISPANIC PUBLIC POLICY AGENDA

ulated and will provide accurate data Empowerment (HERE) Act, which supports on students with more than one race partnerships and collaboration between or ethnicity such as Afro-Latinos, HSIs and school districts that educate the Asian American Latinos, and Indige- majority of Latino students to facilitate the nous Latinos; and transition between secondary and post- ◦ making cross-tabulations of that data secondary education. available. • Support the development of a Capital • Support state-level measures that allow Financing Program for HSIs at the long-tenured graduates of a state’s high Department of Education for a total amount schools to qualify for in-state tuition in that of $10 billion in secured loans and accrued state, regardless of their immigration status. interest as part of the program. • Regulate for-profit institutions that receive • Incentivize universities to enroll groups federal financial aid, in which Hispanic of students commensurate with the students are disproportionately enrolled, demographics of the state. to ensure that they provide students with a • Incentivize universities to hire and retain quality education that adequately prepares faculty that represent the demographics them for gainful employment and does not of the state since it has been shown that overburden the students with loan debt by: Latino/a/x are tenured at lower rates than ◦ codifying the 80/20 rule; other racial and ethnic counterparts yet ◦ codifying the borrower defense repay- provide substantial support to campus ment rule; and communities and support to Latina/o/x ◦ codifying the gainful employment students. rule. • Increase federal resources for PK-12 schools • Increase funding for college preparation and teacher preparation programs to programs that assist low-income students recruit a diverse teaching body, and train and students of color to gain access student teachers in cultural and linguistic to higher education opportunities, competency and intersectionality with including federal TRIO programs, Gaining diverse student bodies, including LGBTQ Early Awareness and Readiness for students, as well as incorporating STEM and Undergraduate Programs (GEAR-UP), Title the arts into PK-12 curricula. IV, Part A, Special Programs for Migrant • Institute mandatory funding for Technology Students (High School Equivalency Program Partnership Programs (TPPs) at Minority (HEP), and the College Assistance Migrant Serving Institutions (MSIs). Program (CAMP). • Incentivize universities to encourage • Fund fully Title V of the Higher Education students to pursue careers in STEM, Act (HEA), which gives undergraduate including having culturally competent and graduate support to Hispanic-Serving career counselors. Institutions (HSIs). • Expand support to schools of education • Support passage and enactment of the at HSIs to increase the number of Latino Hispanic Educational Resources and elementary and secondary school teachers.

50 2020-2024 HISPANIC PUBLIC POLICY AGENDA

• Support the creation of a capacity- • Measure, monitor, and incentivize building program at HSIs to be housed community colleges to transfer higher within pertinent federal agencies (e.g., U.S. proportions of students to 4-year Department of Commerce; U.S. Department institutions successfully, and to eliminate of Defense; U.S. Department of Energy) subgroup transfer differentials. to support the training and retraining of faculty and curriculum development for STEM education. • Increase federal and state support to HSIs to: ◦ provide advanced training and devel- opment in STEM areas for elementary and secondary school teachers, ◦ expand the number of Advancement Placement (AP) courses in STEM areas in schools with large numbers of Lati- no students, ◦ promote awareness of higher educa- tion options for students in the varied STEM fields, and ◦ support HSIs to enhance and expand counseling programs to train cultural- ly and linguistically prepared counsel- ors capable of addressing the needs of Hispanics and EL students.

TEACHERS, COUNSELORS, ADMINISTRATORS

Numerous studies show that students number of Latino teachers. This will require a benefit from both teacher diversity and dramatic investment in, and support for the having teachers that are their same race teacher preparation work at Minority-Serving or ethnicity. However, while 28 percent of Institutions, which prepare most teachers of children in public schools are Latino, only 8 color. It will also require expanding teacher percent of teachers are Latino. This massive loan forgiveness programs, scholarships that gap requires direct action to quadruple the fund teacher release time to attend degree-

(CONT. ON NEXT PAGE)

51 2020-2024 HISPANIC PUBLIC POLICY AGENDA

related classes (including costs of child care, secondary, to higher education. Additionally, transportation, and substitutes), and providing regardless of their racial or cultural systemic support for these teachers through background, all teachers must be culturally every step of their careers. These investments and linguistically competent and prepared for and supports must be for all levels of teaching the diversity within their classrooms. from early childhood, to elementary and

POLICY RECOMMENDATIONS

• Ensure that students of color have equitable pals” using the following language: “has access to quality teachers, counselors, demonstrated the ability to work with and school administrators at all levels of students who are culturally and linguis- education, including early childhood, K-12, tically diverse”; and higher education. ◦ recommending that the Reaching • Develop assessments and certifications of English Learners (EL) Act serve as the cultural competency and assign teachers foundation of the preparation of teach- and counselors appropriately based on such ers of ELs under Title II, Part B of the assessment and training. Higher Education Act; • Expand teacher loan forgiveness programs ◦ establishing a Grant Program to Fund to cover the full cost of their education after Development of teacher preparation five years, and make teachers eligible for programs to train teachers; a new public service loan repayment plan, ◦ enhancing and expanding counseling which would be based on income-based programs to train culturally and linguis- repayment but whose payments would be 5 tically prepared counselors capable of percent of discretionary income, and under addressing the needs of Hispanics and which unpaid interest would not accrue. EL students; and • Ensure quality professional development for ◦ increasing investment in Teacher Quali- teachers and counselors of Latino, EL, and ty Partnership Grants. migrant students, to ensure these teachers • Develop partnerships between school are culturally and linguistically competent. districts and colleges and universities This should include: to provide degree advancement and ◦ strengthening the Department of Edu- professional development to teachers of cation’s oversight over teacher prepara- Latino and EL students. tion programs; • Provide federal resources to train teachers, ◦ recommending that the Educator counselors, teaching assistants, principals, Preparation Reform Act (EPRA) serve as superintendents, and other high-level the framework for reauthorizing Title II school officials with cultural and linguistic of the Higher Education Act; competency, including LGBTQ cultural ◦ defining the terms “Profession Ready competency, and encourage diversity in Teachers” and “Profession Ready Princi- these positions.

52 2020-2024 HISPANIC PUBLIC POLICY AGENDA

• Provide appropriate school-based mental and emotional health support and resources for students, teachers, and educational staff that is culturally and linguistically competent, including LGBTQ competent services and care.

VETERANS EDUCATION OPPORTUNITY

According to the Department of Veterans assistance. To this day, the G.I. Bill assists Affairs, Latinos make up the largest single group veterans, including Hispanics, to pursue higher of veterans under 34 years old, at 19 percent education. Unfortunately, the Montgomery as compared to White veterans at 7 percent, G.I. Bill does not provide meaningful outreach and African Americans at 11 percent. This is provisions to assist the Office of Veterans Affairs the result of a long tradition of service in the with resources to identify and reach out to Latino community; Hispanics have served in Hispanic veterans and other veterans of color every war since World War I, many making the to encourage and support access to higher ultimate sacrifice to protect our nation. After education. World War II, the Montgomery G.I. Bill was the first federal program to grant higher education

POLICY RECOMMENDATIONS

• Fund proactive college outreach and plan for veterans as they enlist into the recruitment of Hispanic veterans and other armed services, throughout the transitions veterans of color, as well as programs that in their location of service, and as they provide academic and related support approach the conclusion of their term of services to eligible veterans, enrolled in service. Hispanic-Serving Institutions and other • Promote awareness of the extension of Minority-Serving Institutions. Montgomery G.I. benefits to immediate • Include a college outreach and guidance family in communities of color.

53 2020-2024 HISPANIC PUBLIC POLICY AGENDA

TITLE IX PROTECTIONS Title IX of the Education Amendments of 1972 improve comprehensive prevention efforts. provides important civil rights protections that However, recent policy changes undertaken require educational institutions to protect all by the U.S. Department of Education, as well students, faculty, and staff from sex-based as their proposed rules regarding Title IX discrimination, including sexual harassment implementation, undermine access to safety in and sexual assault. Studies have shown that preventing and responding to campus sexual the impact of gender-based violence can assault. These policies are a step backward cause immediate and long-term physical and at a time when our nation and educational mental health consequences for students, as institutions need to be strengthening the well as undermine their academic progress. To commitment to preventing and improving ensure equal access to education, it is crucial the response to sexual harassment and that schools, colleges, and universities respond sexual assault and other forms of sex-based promptly and effectively to address sexual discrimination. violence and sexual harassment and that they

POLICY RECOMMENDATIONS

• Withdraw the Department of Education’s proposed Title IX rule, which undermines protections from sexual harassment and • Strengthen policies and increase resources sexual assault. to improve prevention efforts in K-12 schools • Advance policies and guidance that and institutions of higher education. prohibit discrimination based on sex and • Ensure that protections from discrimination ensure equal access to education for all based on sex also include individuals who students, including protecting the health, experience discrimination based on sexual safety, and well-being of survivors. orientation or gender identity.

ACCESS TO EDUCATION IN PUERTO RICO

Children and youth in Puerto Rico have the right to a quality public education that will ensure equal access to personal, professional, and labor opportunities. Quality public education is a key element in achieving an effective recovery, lowering poverty levels, and overcoming the economic crisis of the island.

POLICY RECOMMENDATIONS

• Halt austerity measures imposed on Puerto • Allocate and distribute funds appropriated Rico by the federal budgetary oversight by Congress to Puerto Rico for rebuilding board in the PROMESA legislation, which and restarting the island’s education have resulted in school closures and system without imposing additional decreased funding for the island’s public controls that are not required of other local university system. governments.

54 2020-2024 HISPANIC PUBLIC POLICY AGENDA

IMMIGRATION Of nearly 60 million Hispanics living in the fairness, shared prosperity, and a commitment United States, 43 percent are foreign-born.49 to family unity must be at the heart of a Federal immigration law and policy continue reimagined system. The costs of not doing so are to be a top priority for Latino communities. Our unacceptably high. immigration, asylum, and naturalization policies must respect the dignity of the individual, end Our current immigration policies and political the criminalization of Hispanic immigrants, trajectory threaten to sabotage the futures of an reflect our nation’s commitment to human entire generation of American children — nearly and civil rights, deny encroachment of state 6 million by some estimates — by undermining and local enforcement into this federal arena, their long-term economic, health, and education and prioritize providing permanent relief to outlooks. Rather than demonizing and attacking the millions of individuals who call this country immigrants and immigration, Congress must home. The disproportionate effects of the work toward passing broad immigration relief COVID-19 pandemic and economic recession on for immigrants already in the U.S. and fair and communities of color, low-income communities, humane immigration reform legislation that and immigrant communities highlight the ensures that all people are treated with dignity persistent vulnerabilities that immigrants face in and afforded the necessary protections under the United States. the law against discrimination and abuse. NHLA denounces the Trump Administration’s In recent years, immigration from Latin America immigration policies and calls on the has generally been declining. One notable Administration to reverse its harsh positions exception is the case of Central American adults concerning Central Americans seeking safe and children who have been fleeing Honduras, haven and to end family detention practices. El Salvador, and Guatemala, seeking safe haven We urge any subsequent administration to treat and opportunities for a dignified way of life. those seeking refuge in a manner consistent with However, anti-Latino and anti-immigrant fervor human rights principles. has increased in the media and from elected and appointed officials in the Executive Branch and Congress. Our country is long overdue for sweeping immigration reforms. While we seek to modernize our system in meaningful ways, the core American principles of justice,

SUBSTANTIVE IMMIGRATION REFORM Latinos support an immigration system that seen over many decades, enforcement-only simultaneously honors our values as a nation immigration strategies failed, and resulted in and furthers our national interests. These goals significant harm to immigrant families and are not in conflict with one another. As we have communities, escalated the militarization

(CONT. ON NEXT PAGE)

55 2020-2024 HISPANIC PUBLIC POLICY AGENDA

of our southern border, and have made us efficient avenues for legal immigration while all less safe. Enforcement-only immigration valuing family unity, work protections, and approaches must be rejected. The nation a commitment to domestic investments in must stop terrorizing Latino and immigrant the ladders of opportunity for young people communities not just as a matter of basic from traditionally underserved communities. human decency, but also in recognition Legislative action should help restore America’s that among those bearing the heaviest leadership in the world by, among other things, brunt of a broken immigration system are recognizing the need to address the push millions of American children living with an factors that lead many individuals to flee their undocumented family member or loved one. countries as a result of violence, poverty, acute An entire generation of young Americans — food insecurity due to climate change and our future workers, caregivers, taxpayers — are government corruption. counting on our leaders to get this right.

NHLA also recognizes that a modern immigration system must be flexible enough to meet the needs of the nation. Such a system would provide more — not less —

POLICY RECOMMENDATIONS

• Enable the estimated 11.5 million • Expand legal channels that reunite undocumented people in our country to families, such as changes to the family come forward and attain legal status with preference system. an earned pathway to full citizenship. • Use legislative prerogatives to eliminate the • Enact legislation to provide a pathway regulatory red tape created by the Trump to lawful permanent resident status to Administration that is crippling our LEGAL individuals who have resided in the U.S. immigration system, including but not for long periods of time as recipients of limited to the public charge wealth test different forms of temporary status, such as and exorbitant new citizenship and other Temporary Protected Status (TPS). immigration fees. • Enact legislation to provide an expedited • Eliminate per-country caps that unfairly pathway to citizenship for veterans and discriminate and delay the entry of Latino service members, which should include immigrants. return to the U.S. and relief for veterans • Expand the number of visas available in who have been deported, and measures appropriate immigrant and non-immigrant to prevent the deportation of veterans categories. and service members that have served • Eliminate the U visa and T visa caps for honorably in the U.S. military. victims of sexual assault, domestic violence,

56 2020-2024 HISPANIC PUBLIC POLICY AGENDA

trafficking, and other crimes. staffing levels, and require systems reform to • Limit the expansion of guest-worker address current backlogs and prevent future programs that do not lead to permanent backlogs of immigration benefit applications, residence. including eliminating the significant backlogs • Oppose all efforts, whether through in the U visa and asylum adjudication process. constitutional amendment, federal or state • Require oversight of immigration judges legislation, state-to-state compacts, or to ensure they do not issue arbitrary litigation, that would attempt to reopen adjudications and are free from undue the Citizenship Clause of the Fourteenth outside influence. Amendment or call into question the • Ensure that any temporary worker program citizenship of persons born in the United protects temporary workers and protects States. against adverse effects on the wages and • Include stronger protections for immigrant working conditions of domestic workers. workers against exploitation by employers Temporary worker protections should include, who underpay, cheat and use abusive and at a minimum: retaliatory tactics, including but not limited ◦ a roadmap to citizenship for guest to: workers; ◦ bolstering the U visa and T visa to en- ◦ strong and equal labor protections for sure protections for immigrant work- foreign and domestic workers; ers suffering from labor or civil rights ◦ true economic freedom and mobility; violations; ◦ ability to live with immediate family ◦ opposing discriminatory and unfair if desired, including work visas for employment eligibility verification sys- spouses; tems, such as E-Verify; and ◦ sensible limits ensuring temporary ◦ ensuring workplace discrimination is workers are only brought in when eliminated and all immigrant labor and there is a true market need; and civil rights are protected. ◦ protection against modern-day slav- • Terminate the Migrant Protection Protocols ery, debt peonage, gender discrim- and ensure immigrants are provided full ination, sexual violence, and other access to asylum and refugee protections abuse during the international labor recruitment process. consistent with federal law and international Implement robust enforcement mechanisms obligations. • for foreign and domestic workers, placing the • Restore historic levels of asylum caps, responsibility on employers, recruiters, and and provide for the free movement of labor contractors. people granted asylum and awaiting the Provide undocumented farmworkers and adjudication of their claims. • their immediate family members with a path • Oppose any legislation or policies that to adjust their immigration status and attain establish a preference for certain types of eventual citizenship. immigrants over other types of immigrants. • Ensure all workers’ ability to enforce legal • Ensure U.S. Citizenship and Immigration protections, improve wages and working Services is allocated adequate resources and

(CONT. ON NEXT PAGE)

57 2020-2024 HISPANIC PUBLIC POLICY AGENDA

conditions, and participate in civic life. • Promote immigrant entrepreneurship • Ensure passage of a Dream Act to ensure by awarding green cards and a path to undocumented immigrants who entered citizenship to immigrants whose businesses the U.S. as minors have paths to earned legal thrive and create jobs. status and ultimately citizenship. • Allow immigration judges and DHS officers • Pass legislation that allows individuals with to waive inadmissibility factors or terminate qualifying family or employment ties to adjust removal proceedings for non-citizens where their immigration status upon payment of a it would not be contrary to the public interest, penalty.50 where there would be a hardship to a U.S. • Provide a pathway to temporary immigration citizen or lawful permanent resident spouse, status or lawfull permanent resident status child, or parent, or where the non-citizen which includes immigration benefits and would be otherwise eligible for naturalization. work authorization for spouses, including • Enact legislation to provide adequate a confidential self-petitioning process, like foreign aid to “sending” countries to the VAWA self-petition, to enable victims creatively and thoughtfully address the of domestic violence to be eligible for factors that lead so many people, including immigration status independent of their unaccompanied children, to flee their spouses. homes as a matter of survival.

58 2020-2024 HISPANIC PUBLIC POLICY AGENDA

ADMINISTRATIVE RELIEF AND OVERSIGHT

The Obama Administration announced Furthermore, the Trump Administration Deferred Action for Childhood Arrivals (DACA), has taken a hostile approach to Temporary a policy to protect immigrants who were Protected Status (TPS) relief, by terminating brought to the United States as children and almost every single TPS designation under meet other specific requirements against the Administration’s watch, despite ample deportation.51 In 2014, President Obama evidence of their warranted continuance. NHLA announced that his Administration would offer strongly supports deferred action initiatives, deferred action to undocumented parents in a such as DACA and DAPA, and is a proponent of policy known as Deferred Action for Parents of continued and expanded administrative relief, Americans and Lawful Permanent Residents particularly in the absence of Congressional (DAPA), and would extend DACA to allow relief action. NHLA urges the reversal of these for more individuals who came to the United damaging policies that cut off avenues of relief States as children.52 DAPA and the DACA for individuals, many of whom have settled in expansion were never implemented, and on the U.S. for decades and built their lives and June 16, 2017, President Trump rescinded the homes here. DAPA policy. On September 5, 2017, the Trump Administration attempted to terminate the DACA policy, upending the lives of hundreds of thousands of DACA holders who face the possible loss of their work authorization and protection against deportation, but was stopped by the U.S. Supreme Court for now.

POLICY RECOMMENDATIONS

• Reverse efforts to end the use of deferred • Expand the use of Deferred Enforced action to provide relief to immigrants, Departure and Temporary Protected including DACA holders, undocumented Status for Latinos from countries that are immigrants with family ties in the United experiencing a crisis — such as a natural States, and other immigrants without disaster, armed conflict, or extreme children. criminal violence, including sexual, • Provide deferred action to workers and domestic or anti-LGBTQ violence. others with deep ties to the United States. • Ensure the timely adjudication of • Provide a more robust system to expand naturalization, visa, and other immigrant access to prosecutorial discretion and applications by USCIS, and minimize take necessary steps to ensure uniform current backlogs. availability nationwide.

(CONT. ON NEXT PAGE)

59 2020-2024 HISPANIC PUBLIC POLICY AGENDA

• Ensure the timely adjudication of all in cases in which people with final removal deferred action applications and renewals, orders cannot be deported to their home and provide interim Employment countries. Authorization Documents and other • Allow certain cases, such as non-lawful protections for DACA renewal applicants permanent resident cancellation cases, to facing lapses in status in employment receive adjudication by USCIS to ensure authorization. the fair and proper administration of • Ensure the timely adjudication of immigration judge dockets. immigration relief for victims of domestic • Provide protections for victims of notario violence, sexual assault, and trafficking fraud. pursuant to U visa, T visa, and VAWA self- • Reverse the decision made by former petitions. Attorney General Jeff Sessions in Matter • Ensure that U visa eligible applicants are of A-B-, which overturned Matter of A-R- placed on a waitlist within six months and C-G-, and USCIS’s implementing guidance, can access work authorization and deferred thus making it more difficult to establish action even after the annual U visa cap has domestic violence-related or gang violence- been reached. related asylum claims. • Protect immigrants from removal while • Establish regulations providing access to applications for immigration relief are asylum for qualifying victims of gender- pending and eliminate referrals to ICE for based violence and gang-related violence. removal if their application is denied unless there are exigent circumstances. • Restore the use of Administrative Closures to stop removal proceedings and halt efforts to reopen administratively closed cases and orders of supervision for persons

STATE AND LOCAL ENFORCEMENT OF FEDERAL IMMIGRATION LAWS Federal immigration enforcement properly rests with federal authorities. Accordingly, NHLA strongly objects to state and local law enforcement of immigration laws, either on their own or delegated by the federal government to state and local law enforcement officials.

60 2020-2024 HISPANIC PUBLIC POLICY AGENDA

POLICY RECOMMENDATIONS

• Stop states and localities from enforcing • Enforce federal laws, such as the ruling in immigration laws, which by their nature Plyler v. Doe,53 that protect a student’s equal should be enforced at the federal level. access to education without discrimination • Eliminate 287(g) programs that deputize based on immigration status. local law enforcement to enforce federal • Work with the U.S. Department of Homeland immigration laws, which harm public safety Security in its efforts to exercise prosecutorial by spreading fear and diverting resources, discretion in the enforcement of immigration making people less likely to report crimes laws and the U.S. Department of Justice or trust law enforcement. in its efforts to curtail states and localities • Oppose any measures that seek to impermissibly enacting immigration laws, a mandate local authorities to comply federal responsibility. with immigrant detainers or requests for • Support state and local programs to enable notification. immigrants to integrate into the economy • Eliminate all U.S. Immigration and Customs and communities. Enforcement (ICE) presence in or access to • Prohibit immigration enforcement during local jails and databases, a practice that has and immediately following natural disasters. led to racial profiling, illegal detention, and • Support measures that allow undocumented deportation. individuals to access emergency services, • Enact policies that treat courthouses food, and shelter following natural disasters. as sensitive locations and only conduct immigration enforcement actions in courthouses upon a showing of exigent circumstances and with prior approval of a designated supervisory official. • Ensure protections from immigration enforcement for sensitive locations including: schools, hospitals, community health clinics, institutions of worship, religious ceremonies, public demonstrations such as a march, rally, or parade, as well as transportation to and from these events, school buses, and school bus stops. • Prohibit any information sharing (e.g. release date from custody, home address, place of employment, court hearings) between all local law enforcement and ICE, including but not limited to, police, sheriffs, probation officers, parole officers, and prosecutors.

61 2020-2024 HISPANIC PUBLIC POLICY AGENDA

DREAM ACT Each year, approximately 98,000 students military, or pursue other aspirations come to an who came to this country as young children,54 abrupt halt as their immigration status denies unaware of their immigration status, see their them access to the opportunities they were dreams to attain higher education, serve in the raised to believe they could enjoy.

POLICY RECOMMENDATIONS

• Consider both Republican and Democratic • Enact legislation that ensures that eligible immigration proposals that offer minors students have the right to healthcare, and young adults meaningful immigration federal higher education assistance, relief. Encourage bipartisan efforts to student loans, and college admissions and develop workable legislation to help in-state tuition where they would otherwise immigrants. be eligible but for their immigration status. • Enact the Dream Act to give • Oppose policies that would deport undocumented students a path to earned individuals who grew up in the United legalization and citizenship. States to a country they barely know.

NATURALIZATION AND INTEGRATION

Since January 2017, U.S. Citizenship and In August 2020, the Administration finalized Immigration Services (USCIS) has adopted an ill-justified, potentially devastating increase or proposed several policies that threaten in the naturalization application fee, from to restrict access to citizenship and the $640 to $1,170. USCIS will eliminate fee waivers opportunities and benefits it provides, to the that have long been available to qualified detriment of all Americans and American low-income LPRs considering citizenship, communities. The agency has proposed undermining the national interest in to add duplicative, burdensome questions encouraging their commitment to the United to numerous forms associated with the States. A study by the Pew Hispanic Center naturalization process, and ceased accepting stated that 93 percent of Latino immigrants the most straightforward method of proving who have not yet naturalized say they would eligibility for a naturalization fee waiver in if they could.55 Of those Latino immigrants December 2019. At the same time, diversion eligible to naturalize, nearly 20 percent cited of USCIS’s resources to initiatives like the financial costs as a main prohibitive factor to widespread investigation of previously naturalizing, with another 28 percent conveying naturalized individuals have contributed to language and other personal barriers.56 This the buildup of historically large backlogs of study suggests the negative impact of high naturalization and other applications awaiting costs on the rate of naturalization, particularly adjudication, and extraordinary waits of as long for groups with generally lower incomes and as two and a half years for initial adjudication of English language difficulties. naturalization applications.

62 2020-2024 HISPANIC PUBLIC POLICY AGENDA

POLICY RECOMMENDATIONS

• Stabilize and lower the cost of naturalization by the President, who is tasked with creating by reversing the ill-conceived immigration the Task Force agenda, convening meetings, fee structure finalized on August 2, 2020, and and supervising Task Force activities. expanding the availability of full and partial • Reduce extraordinary application backlogs fee waivers to make naturalization more and the current, unreasonably long affordable. average processing times for naturalization • Reverse the burdensome, illogical refusal to applications. accept the receipt of means-tested benefits • Expand flexible exemptions from as proof of qualification for a fee waiver. naturalization testing requirements for • Provide discretionary funding of at least certain LPRs who are long-term residents of $18 million for Citizenship and Integration the United States and of advanced age. Grants and administration of the Office of • Increase funding to expand the availability of Citizenship, which distributes grants and adult ESL and civics education so that those promotes naturalization. This grant program applying for naturalization can be prepared is a cost-effective and efficient means of for the naturalization exam. making naturalization more accessible to • Encourage state, local, and employer LPRs. incentives that support and encourage, but • Fund the Systematic Alien Verification for do not coerce naturalization. Entitlements (SAVE) program for at least • Ensure immigrant eligibility for critical $25 million, to protect against improper use services, such as healthcare, regardless of of Immigration Examinations Fee Account status, and ensure immigrant access to funds, and relieve the pressure that forces critical services for which they are eligible, USCIS to periodically consider proposing including by reducing language and other higher application fees. barriers. • Clarify that USCIS Immigration Examinations Fee Account (IEFA) funds shall set a level that ensures the ability to meet the expenses of adjudication generally and need not specifically take into account the cost of free services, such as no-fee adjustments of status for refugees. • Prohibit the transfer of funds from the IEFA to any other agency within DHS other than USCIS. • Ensure a fully operational Task Force on New Americans by allocating funding for and appointing an Executive Director, as directed

63 2020-2024 HISPANIC PUBLIC POLICY AGENDA

NATURALIZATION FOR COVID-19 ESSENTIAL WORKERS Federal law currently grants a special pathway to naturalization and citizenship to all English- speaking persons of good moral character who serve in our armed forces during wartime or hostilities, even when they are undocumented immigrants,57 under the rationale that they put their lives at risk for us, showing commitment to our safety. Farmworkers, meatpacking plant workers and other essential workers, as defined by DHS,58 especially those who cannot practice social distancing at work, along with their immediate family members residing in the same household, are taking a substantially similar risk of their lives and health for our safety during the COVID-19 crisis as service members do during hostilities.

POLICY RECOMMENDATIONS

• Grant the right of naturalization, including the English language, allowing them to take retroactively, to all farmworkers and other the citizenship test in Spanish or their native essential workers working in the United language. States during the COVID-19 crisis, and to their • Grant employers and their agents immunity immediate families residing in the same from adverse action for the act of employing household, regardless of current or past (or otherwise acquiring the services of) those immigration status or particular ability in essential workers if they were undocumented.

DEMILITARIZATION OF THE SOUTHWEST BORDER AND BORDER COMMUNITIES

Militarization and spending on securing the of Homeland Security and Immigration and Southwest border have increased exorbitantly Customs Enforcement personnel deployed over the last decade. For 2020, the budget for along the Southwest border. Nearly two-thirds CBP is $18.2 billion, an increase of 200 percent of the United States population, or about 200 from 2004’s budget of $6 billion.59 The U.S. million people, live within CBP's 100-mile border Customs and Border Protection (CBP) employs zone jurisdiction.62 The militarization along the more than 19,500 agents, more than double Southwest border has destroyed environmental the number of agents in 2000, and five times resources, involved the unfair and discriminatory the number of agents in 1992.60 Approximately taking of private property, encouraged racial 85 percent of its force is deployed at the U.S.- profiling, proliferated immigration checkpoints, Mexico border.61 The number of CBP agents endangered communities and drastically does not include the thousands of Department affected the means of subsistence and way of

64 2020-2024 HISPANIC PUBLIC POLICY AGENDA

life of persons living in border communities. the Department of Defense in an attempt to circumvent Congress’s power of the purse. As There are nearly 700 miles of fencing, hundreds of the printing of this agenda, this action has of video surveillance systems and the regular been held by a federal court to be unlawful. presence of advanced military equipment, Nonetheless, budgets or continuing resolutions including drones at the US-Mexico border. As passed by Congress must include restrictions of August 2019, the Trump Administration on the ability to transfer funds within the constructed 60 miles of his vowed border Department of Homeland Security or from other wall and has done so by raiding funding from agencies to pay for an unfunded border wall.

POLICY RECOMMENDATIONS

• Oppose the construction of any more walls along the Southwest border. Construction of a wasteful border wall not only falls disproportionately on Latino and immigrant communities, but its wide- reaching negative effect is clear to the American public-at-large — a border wall is consistently opposed by a clear majority of • Ensure robust Congressional oversight of Americans.63 CBP, and hold CBP and DHS accountable • Prevent the expansion of the Pentagon’s for chronic mismanagement of funds, lax role along the US-Mexico border. hiring standards, and failure to comply with • Oppose exorbitant spending on border agency standards and practices, such as enforcement, spending which is taking the use of body-worn cameras. place without thoughtful consideration of • Require the implementation of law current border-community and security enforcement best practices, such needs. as requiring the retention of video • Restrict CBP’s authority on the border to surveillance. under 25 miles and limit searches of private • Withdraw National Guard troops from the property. Southwest border and replace them with • Prohibit racial profiling anywhere, civilian law enforcement officers who are regardless of proximity to the border. properly trained to deal with border issues. • End discriminatory checkpoints. • Prioritize the reduction of CBP agents that • Limit CBP authority to conduct internal patrol between ports of entry, also known immigration enforcement to a designated as “green-uniformed” agents, where most area along the border. illicit drugs are not transported into the U.S.

65 2020-2024 HISPANIC PUBLIC POLICY AGENDA

IMMIGRATION DETENTION REFORMS

Over the last decade, government spending Overall private prison corporations have on immigration detention beds has increased increased their share of the immigrant at a rapid rate without any commensurate detention industry. A 2018 investigative justification. A mandated bed quota is only report found that nearly $1 billion of taxpayer found in the immigration detention system money went to for-profit immigrant detention and is justified to detain immigrants who pose facilities.66 For-profit prison companies a public safety risk. However, according to DHS operate hundreds of ICE immigrant detention data, the majority of immigrants detained had facilities, representing tens of thousands of no criminal record. The dramatic increase in immigration beds. In detention, immigrants immigration detention beds is out of step with often suffer physical, verbal, and emotional the decline in unauthorized immigration rates mistreatment, and are routinely denied access and the stabilization of the undocumented to medical care and attorneys. Furthermore, population in recent years.64 detention results in family separation, negatively affects children, and destroys With the increase of women and children the financial stability of the family. DHS migrating to the United States from Central must prioritize a system that keeps families America, there has been a dramatic rise in together and respects due process rights of all family detention to slow the flow of migration. immigrants. LGBTQ immigrants in detention The Trump Administration has pursued an face a high likelihood of sexual assault and aggressive agenda to increase the use of other abuse; DHS must protect all detainees detention for all asylum seekers, including from such violations, or release them from children and families, and to circumvent detention. the courts and the federal governments’ obligations under the Flores Settlement Agreement.65

POLICY RECOMMENDATIONS

• Release detainees from facilities where they • Pass legislation to prohibit the unlimited are highly likely to contract deadly illnesses, detention of children, families, and other such as COVID-19, and ensure that children in vulnerable populations. detention centers are released in compliance • Pass legislation that limits the number of days with the Flores Settlement Agreement and children can be detained, codify the standards provided an opportunity to remain with their from the Flores Settlement Agreement, and parents or other relatives through alternative ensure that parents are not separated from to detention programs. their children. • Ensure better health and sanitation measures • Reduce funding for immigrant detention to within all detention facilities in compliance decrease the number of immigration beds with CDC guidelines. and facilities for immigrant detention. • End the detention of families and close all • Require that budgets or continuing facilities used for the sole purpose of detaining resolutions passed by Congress include women and children. restrictions on the ability to transfer funds

66 2020-2024 HISPANIC PUBLIC POLICY AGENDA

within the Department of Homeland Security, identity, not the anatomy or sex assigned at ICE, or other agencies to pay for immigrant birth. detention facilities and the increase in • Reinstate ICE policies that were terminated immigration beds. by the Trump Administration that had • Reject any inclusion of a mandated bed quota established a presumption against detaining in Congressional appropriations legislation. pregnant women, absent extraordinary • Ensure robust Congressional oversight of circumstances.67 ICE, and hold ICE and DHS accountable for • Require Legal Orientation Programs in all chronic mismanagement of funds, poor immigration facilities and increase access to detention conditions, failure to comply with counsel for immigrants to ensure detained agency standards, and most importantly, the immigrants have an understanding of failure to prevent deaths in custody. their basic rights. Access to counsel is the • Require DHS to use cost-effective alternatives biggest determining factor in the outcome of to detention, with an emphasis on community immigration cases, but 85 percent of detained supervision and case management programs immigrants do not have an attorney. and not GPS monitoring, and increase the • Ensure that all personnel are trained on how number of persons granted release on own to interact with survivors of trauma and how recognizance, and reform bond practices. to prevent further traumatization. • Prohibit the federal and state governments • Ensure that CBP officers are properly trained from contracting with for-profit companies and monitored to refer individuals who may for immigration-related detention services or have a claim for asylum for screening and alternatives to detention programs. ensure that only properly trained USCIS • Immediately end contracts with facilities with asylum officers conduct adequate, trauma- reported abuse, and prosecute individuals informed, credible fear interviews. accused of having abused immigrants. • Ensure that there are adequate staffing levels • Ensure all detention facilities provide of bilingual personnel and interpretation adequate access to primary care and mental services when needed. health services. • Provide basic training for agents and • Ensure that personnel can transfer individuals support staff that includes training on the to hospitals for specialized care if needed. identification of the risk factors and warning • Ensure that medical staff and mental signs of mental health issues and crisis health staff can provide services that are intervention related to trauma utilizing a culturally informed, trauma-sensitive, and developmentally informed approach. developmentally appropriate. • Provide services to help personnel better • Ensure all detention facilities provide every manage their on-the-job stress. individual with blankets and beds, clothing, • Ensure that all individuals are thoroughly and as needed, nutritious food and clean water, properly screened for any immigration relief adequate sanitary supplies and facilities, to which they are entitled, including but not and an appropriate climate-controlled limited to U visas, T visas, asylee or refugee environment. status. • Increase the protections for LGBTQ • Take measures to prevent violence against immigrants in detention. Alternatives to all detainees, including physical and sexual detention are the safest options for LGBTQ violence, by federal employees, third-party immigrants. However, if a transgender contractors, other detainees and any other individual must be detained, ICE’s policy individual who is in contact with detained should be to place the individual in housing individuals, particularly women and LGBTQ that is consistent with the individual’s gender persons.

67 2020-2024 HISPANIC PUBLIC POLICY AGENDA

GOVERNMENT ACCOUNTABILITY

The future of the Latino community hinges on the ability for Latinos to sit at every decision- making table in our government. Our democracy works best when it represents the diverse voices of every community. NHLA is committed to improving the representation of Hispanics in the federal government career workforce, in appointments to state and federal political positions, and in federal procurement.

FEDERAL EMPLOYMENT In 2000, the President signed Executive represented 17 percent of the civilian labor force Order 13171 on Hispanic Employment in the but only 8.6 percent of the federal government’s federal government, noting the significant workforce.70 Similarly, Hispanic representation underrepresentation of Latinos, representing a in the career Senior Executive Service (SES) mere 6.4 percent at that time. Twenty years later, ranks was very poor at a mere 4.6 percent.71 Latino representation in the federal workforce The absence of a representational number is now 8.4 percent, but given the increase of Hispanics across the federal government in the Latino population since 2000, this undercuts the government’s ability to produce modest increase represents a regression when policies that are inclusive, fair, and responsive to compared to the population as a whole.68 the concerns of the Hispanic community. The federal government must work toward creating The issue of Hispanic underrepresentation equal opportunities to remedy the historically remains protracted and problematic. Hispanics severe underrepresentation of Hispanics in the remain the most underrepresented group federal workforce. in the federal workforce.69 In 2016, Hispanics

68 2020-2024 HISPANIC PUBLIC POLICY AGENDA

POLICY RECOMMENDATIONS

• Sign a new executive order addressing • Require each agency to undergo an the need for the federal government to annual Federal Advisory Commission Act affirmatively correct the underrepresentation comprehensive review process addressing of Hispanics in its workforce, which should Hispanic underrepresentation in its increase the representation of Hispanics in workforce. the career SES, military officer recruitment, • Require agencies to develop partnerships and military officer promotion to general through Memoranda of Understanding and flag officer positions. with Hispanic organizations that promote • Provide staff development programs to Hispanic hiring. retain existing Hispanic federal workers and • Provide adequate resources to develop a increase opportunities for promotion into pipeline program of Hispanic candidates higher ranks of government service. leading into GS-14 and GS-15 positions, • Develop a Federal Hispanic Accountability the career Senior Executive Service (SES) Model, to be promoted at departments positions, and SES Candidate Development and agencies by the Office of Personnel Programs (CDP). Management. • Develop mentoring programs for Hispanics, • Monitor progress toward reaching the women, and LGBTQ persons aspiring to Hispanic civilian labor force statistics as progress and advance into the supervisory/ tangible hiring goals and hold department management and SES levels. Publicly and agency leaders accountable by disclose demographic data for federal making Hispanic hiring goals part of the flagship programs, such as the Presidential performance-based review system and using Management Fellows (PMF) Program, career it as an evaluation tool for the promotion of pathways, and special hiring authorities. managers. • Increase recruitment and placement of • Eliminate citizenship requirements for Hispanics, women, and LGBTQ persons employment with the federal government, in the Presidential Management Fellows unless constitutionally mandated. Program, especially Hispanics from Hispanic • Require that Hispanic Council on Federal Serving Institutions (HSIs). If there is a lack Employment (HCFE) recommendations of commitment to increasing Hispanic be institutionalized into agencies’ policy representation in this program, a separate structures. program for Hispanics should be created and • Prevent agencies from receiving a positive funded. green Government Performance and Results • Require hiring and retention policies that do Act (GPRA) rating if their hiring of Hispanics not discriminate based on sexual orientation fails to meet strategic targets. or gender identity, which include policies • Place the agencies with the worst records that are inclusive of transgender military of Hispanic hiring under special status personnel. requiring a major restructuring. This should • Proactively encourage federal agencies to include agencies that have historically had sponsor/hire Hispanics and students from the poorest records of Hispanic hiring. HSIs into federal internships and contract for such internships through third-party Hispanic providers.

69 2020-2024 HISPANIC PUBLIC POLICY AGENDA

FEDERAL CAREER EMPLOYMENT SCORECARD

NHLA will develop and distribute a Federal NHLA Federal Career Employment Scorecard Career Employment Scorecard. NHLA will reflect the representation of Hispanics periodically issues an assessment of the within those agencies. The categories Administration on its efforts to ensure the specifically related to Hispanics that will full inclusion of Hispanics throughout the be scored will be: GS-5 through GS-11, GS- federal workforce and issues a scorecard on 12 through GS-13, GS-14, and GS-15, as well the level of Hispanic employment within each as Senior Executive Service (SES) levels. It federal agency. The fundamental purpose will also evaluate programs developed of the Scorecard is to ensure that leaders, to address the underrepresentation of organizations, the public, and the media Hispanics, including: how those programs are are fully informed about the performance implemented, enforced, funded versus other of federal agencies as related to the non-Hispanic programs, the Applicant Data underrepresentation of career and non-career Pool collected for Hispanics, and the number employees in the federal government. of Hispanics selected from that Applicant Pool by occupation.

CONGRESSIONAL SCORECARD

NHLA regularly supports and opposes pieces of advancement and quality of life of Latinos. legislation before Congress, as consistent with The goal of the Scorecard is not to influence or in opposition to various provisions within elections but rather to provide important this policy agenda. NHLA periodically issues a legislative feedback to the public as well as to Congressional Scorecard to educate the public, shape the upcoming legislative agenda in the media, and Members of Congress on important remaining days of this Congress and into the votes taken in the House and Senate, which next Congress. affect the social, economic, and political

FEDERAL PROCUREMENT

In fiscal year 2011, the latest year for which we of the dollar value of all contracts awarded have data, of the $98.2 billion in government by that program. Hispanic businesses are awards, Hispanic-owned companies won also underrepresented among recipients of only about 8.4 percent of that total, or $8.21 SBA loans and technical assistance grants. billion. That year, only the U.S. Department Additionally, the number of women-owned of the Treasury and the U.S. Small Business firms is increasing faster than the number of Administration exceeded their minority-owned male-owned businesses. Hispanic women- small business procurement goals. Under the owned operations have increased by an 8(a) program, Hispanic businesses constitute astounding 87.5 percent.72 40 percent of all minority-owned firms in the United States, but receive only 14 percent

70 2020-2024 HISPANIC PUBLIC POLICY AGENDA

According to the National Women’s Business in revenue per year compared to businesses Council, Latinas own close to 1.9 million owned by their white women counterparts businesses in the U.S., employing 550,400 ($171,000) and businesses owned by white men workers and generating $97 billion in ($716,000). They represent less than one percent revenues.73 The number of Hispanic women of government contractors from the five percent entrepreneurs grew at a faster rate than any of the prime and subcontractors for women- other group: 137 percent between 2007 and owned small businesses established by federal 2016.74 However, Hispanic women-owned executive agencies according to the SBA.75 businesses are significantly smaller than Moreover, there is only one Hispanic serving businesses owned by other major racial and as Small Business Director among the top 25 ethnic groups, generating on average $54,000 federal agencies.

POLICY RECOMMENDATIONS

• Support improvements on critical issues • Streamline the 8(a) application process such as contract bundling, increased federal to make it more accessible to Hispanic contracting goals for small businesses, size entrepreneurs. standard reform and improved enforcement, • Provide training for Hispanic Providers on and equal access to grants across all federal the 8(a) application process. agencies. • Increase the number of contracts with Latino • Implement the White House’s Small owned ad agencies Business Federal Contracting Task Force • Implement prime contractor accountability recommendations that require federal systems on mainstream ad agencies to agencies to include small businesses in task hire Latino owned ad agencies to conduct and delivery orders under General Services outreach and place ads and stories that are Administration Schedules and Multiple relevant to the Latino community rather Award Schedule contracts. than relying on Latino owned agencies to publish information or stories via free public service messages.

POLITICAL APPOINTMENTS Despite the growth of the Latino population political appointments made by Governors, and their increased civic participation, and creating a network of current and former Latinos account for a fraction of state appointees that we can support as they move and presidential political appointments. up the pipeline and that we engage to serve The Latino Appointments Program helps as mentors for those coming up behind them. tackle the pipeline problem by creating Over time, tied to Presidential elections, it the infrastructure to identify and support appears that Hispanic appointments have Latino candidates interested in political increased within each term. Following the appointments, running state pilot programs creation of NHLA Latino Appointments with our coalition members to increase Program, Hispanic appointments increased

(CONT. ON NEXT PAGE)

71 2020-2024 HISPANIC PUBLIC POLICY AGENDA

more steadily. The apparent correlation our rights and the policies our government between increased representation and direct enacts. This occurs even though over 5 percent intervention provides evidence in favor of of all lawyers nationwide are Hispanic and the need for an Executive Order on Hispanic 13 percent of law students are Hispanic. In Federal Employment. the federal government’s main offices in the DC area, only 3.3 percent of attorneys Another disparity occurs in the appointment are Hispanic. This has real-life implications of Article I judges and other Executive Branch beyond the careers of Hispanic attorneys. For adjudicators, including immigration judges. example, only one of the 21 members of the Hispanics have had a much harder time than Board of Immigration Appeals has a Hispanic others achieving meaningful participation in surname.76 Unconscious bias in immigration the legal field which is central to determining decisions is hard to avoid without diversity.

POLICY RECOMMENDATIONS

• Ensure that Hispanic-Americans are fairly • Devise new methods to evaluate their represented in the legal field, including qualifications that take into account that Federal employment and appointments. they have been systematically excluded from appointments and good career positions up to now.

GOVERNMENT SHUTDOWNS National Hispanic Leadership Agenda (NHLA) workers and small contractors caught in the believes that an open government should be political crossfire, as well as Americans of a priority and that, in the event of a budgetary color who often depend, more than others, impasse, the Congress and the Executive on Federal government services. Additionally, should prevent shutdowns by carrying over the more recent shutdowns are increasingly latest approved budget at the end of a fiscal centered on issues of particular concern to year, month by month, with certain inflationary Hispanic Americans such as the southern adjustments. Government shutdowns are border and DACA. particularly difficult for innocent government

POLICY RECOMMENDATIONS

• Amend the Antideficiency Act to prevent pensation, SSI and SNAP, which shutdowns when there is a budgetary should be automatically deemed impasse, with safeguards including: appropriated and increased to cover ◦ an automatic continuation of mone- inflation; and tary totals for recurrent expenditures, ◦ that the continuation should have such as employee salaries, safety-net a one-year sunset, thereby forcing a programs, Medicaid, veterans’ com- new budget at least every two years.

72 2020-2024 HISPANIC PUBLIC POLICY AGENDA

PUERTO RICO DISASTER AND DEBT RELIEF

Between 3,000 and 4,000 people died in includes the appropriation of all appropriate Puerto Rico within six months of Hurricane disaster relief funds and their timely release. Maria. The response by FEMA and HUD was anemic at best in terms of preparedness, Puerto Rico’s $74 billion debt is being staffing and release of disaster relief funding. restructured without a clear understanding Already several years have passed since the of the terms under which the debt was issued disaster devastated Puerto Rico and, yet, of and under which the people of Puerto Rico the $46 billion appropriated by Congress, are obligated to pay. Punitive debt payment a little over half has been delivered by agreements are forcing the Puerto Rican federal agencies.77 In particular, HUD has government to cut essential services and released only a fraction of the relief. Our strangling the economy. Puerto Ricans should federal government has a moral and legal not be held liable for debt that is illegal and responsibility to help Puerto Rico recover. This unconstitutional.

POLICY RECOMMENDATIONS

• Require HUD and other federal agencies to processes, such as robust stakeholder release all funds that are appropriated. analyses and collaborative and mandatory • Establish a process that ensures public participation mechanisms. transparency in decisions, allocations, and • Establish a moratorium on negotiations or contracts by all government agencies repayment of existing debt until the federal at every level to avoid corruption and government has ensured an independent favoritism and to help ensure meaningful audit is performed and certified by non- community participation and appropriate governmental experts and discharge of any allocation of resources. illegal or unconstitutional debt is allowed. • Create systems that ensure public participation and radical transparency during all phases of decision-making

73 2020-2024 HISPANIC PUBLIC POLICY AGENDA

CIVIL RIGHTS

The barriers to the full civic engagement of the of the Latino and immigrant communities, growing Latino community are both institutional among other communities of color, NHLA stands and in direct response to the increasing size and united to ensure the full protection of civil and influence of the Latino electorate. The political constitutional rights for every individual, because establishment continues to profile, punish, and marginalize potential Latino civic participation. our democracy depends on the contributions of Against the backdrop of increasing demonization every person in the United States.

DEMOCRACY AND VOTING RIGHTS American democracy requires constant have a disproportionately negative impact on vigilance against overt and dilutive measures women.78 to weaken the Latino vote. Suppression of the Latino vote ranges from intimidation Since the 2013 Supreme Court decision at the polls to illegal purges to excessive in Shelby County v. Holder—which struck documentary requirements to prove down Section 4 of the Voting Rights Act of citizenship among our naturalized citizens. 1965 (VRA), a key provision that determines Such voter identification or restrictive proof those states and subdivisions required of citizenship laws purport to address “voter to seek federal preclearance for election- fraud” — a phenomenon that has no basis in related changes to ensure voters are not fact. Instead, these measures are aimed at disenfranchised based on race—discrimination disenfranchising many Latino citizens and in voting continues to run rampant.

POLICY RECOMMENDATIONS

• Oppose legal and legislative efforts to alter • Ensure any legislation to amend the VRA to the Fourteenth Amendment’s grant of provide meaningful, long-term protections citizenship to native-born Americans, or to for the growing and highly mobile Latino reinterpret the Fourteenth Amendment electorate. to exclude children and non-citizens from • Oppose voter photo identification consideration in legislative apportionment requirements, voter purges, and other and redistricting. measures that disproportionately suppress • Support legislation to amend the Voting Latino voter turnout. Rights Act of 1965 that restores key voting • Oppose proof of citizenship requirements protections by providing for pre-clearance for purposes of voter registration; signed review of election changes by historic attestations are sufficient. offenders and also guards against future • Support same-day registration and early discrimination by requiring federal review of voting options. election changes most associated with voter • Support the right of the people of Puerto Rico discrimination. and the District of Columbia to determine

74 2020-2024 HISPANIC PUBLIC POLICY AGENDA

their future political status. requirements applicable to all levels of • Support legislation or a constitutional government actors. amendment to rein in unlimited corporate • Abolish the electoral college or support money from influencing elections and efforts to require electoral college votes the democratic process and to remove to be assigned based on the popular vote “personhood” from corporations. nationally. • Provide for new discretionary funding to • Ensure transgender and other individuals support states and localities, through the can access identification documents based mechanisms established in the Help America on their gender identity. Outdated and Vote Act, in making crucial upgrades to burdensome requirements that make outdated election equipment and processes. it difficult or expensive for transgender • Ensure the federal government is using individuals to change government-issued all tools at its disposal to target voter forms of identification create an unfair barrier discrimination, including rigorous to their right to vote. investigation and prosecution of violations of • Expand absentee and early voting to protect federal language assistance and accessibility higher-risk populations from COVID-19.

CENSUS

The activities of the Census Bureau to collect must be thwarted. Donald Trump’s most data on all residents of the United States recent assault on the Census by announcing through the decennial census, American an effort to exclude undocumented Community Survey (ACS), and other surveys immigrants from the apportionment are indispensable to the enforcement of count used to divide seats in the House of civil rights, to the fair allocation of federal Representatives and Electoral Colleges votes funding, and to documenting the economic must be swiftly rejected and reversed for the and social status of the Latino population. unconstitutional power grab it is. As the United States’ demographic profile becomes increasingly diverse, it is critical that the Census Bureau collect reliable data about Latinos and the nation as a whole, and that Census activities not be held hostage to partisan politics.

The recent attempt by the Administration to insert a citizenship question in the decennial census was motivated by racial bias against Latino residents in the country and has had a chilling effect on the 2020 Census and a corrosive effect on the confidence Latinos should have in their government. Attempts to gather the same data through other means

75 2020-2024 HISPANIC PUBLIC POLICY AGENDA

POLICY RECOMMENDATIONS

DATA COLLECTION time period to complete the Census • Oppose any effort to exclude if necessary due to the impact of the undocumented immigrants or other non- pandemic. citizens from the total population count used to apportion Congressional seats and FUNDING seats in the electoral college. • Support sufficient funding to the Census • Ensure that state redistricting is based on Bureau to adequately prepare for the 2020 the total population, and oppose the use Census, and assure the continuation of the of anything but the total population to Economic Census. equalize populations in the redistricting • Fund the Census Bureau to ensure the data process. collection process is both more effective and • Oppose the collection and production of efficient while reducing the incidence of citizenship or immigration status through undercounting Latinos, children, immigrants, the use of administrative records to provide non-English proficient, and other hard-to- states with block-level data that can be reach populations. used for redistricting. • Ensure that data collected through AMERICAN COMMUNITY SURVEY the decennial Census, the American AND 2020 CENSUS TESTING Community Survey, and any other data • Support the continuation and further collections by the Census Bureau cannot be development of the American Community used to personally identify any individual Survey (ACS), including increasing its sample persons within the United States. size, to further improve its accuracy with • Support a change in the Bureau’s “usual smaller geographies and subgroups. Turning residency rule” to allow prisoners to be the ACS into a voluntary survey would counted at their home address and thus seriously and completely undermine its value. eliminate “prison-based gerrymandering.” • Ensure that the Census Bureau tests all • Support the collection of data on sexual options under consideration with linguistically orientation and gender identity in the diverse pools of sample respondents and that American Community Survey and other any redesign of race and ethnicity questions surveys, and include a non-binary option does not diminish the quality of detailed data under gender. collected about specific Latino national origin • Support measures to allow persons to and other racial and ethnic groups. select more than one race or ethnicity • Improve race and ethnicity data collection for — such as Afro-Latinos, Asian American all Latinos that will allow individuals to more Latinos, and Indigenous Latinos — to report accurately self-identify. each of their heritages.79 LATINO EMPLOYMENT AND • Protect door-to-door Census data collectors PROCUREMENT from spreading COVID-19 in low income Establish a special Latino Employment Task communities that did not complete the • Force that reports directly to the Director Census online, and provide an extended

76 2020-2024 HISPANIC PUBLIC POLICY AGENDA

of the Census Bureau to address the long- racial, ethnic, and immigration data. standing and persistent problem of the • Ensure adequate representation of Latino extreme underrepresentation of Latinos on community serving organizations on its the Bureau’s workforce. National Advisory Committee on Racial, • Review the use of prior arrest records and Ethnic and Other Populations, its Scientific citizenship status as barriers to employment Advisory Committee and other advisory and to address chronic staffing shortages for the expert committees and forums. decennial Census. This is particularly critical in • Develop a stronger language assistance the staff recruitment and build-up that takes program within the Census Bureau that can place before the next decennial census. provide accurate translations and culturally • Create and adequately fund the position sensitive messages for all of its surveys and of Chief Diversity Officer in the Census services. Bureau to develop a Minority and Woman- Owned Business Procurement Program PUERTO RICO to substantially increase the business it • Require the Census Bureau to include Puerto conducts with Latino and other minority- Rico and other territories as part of its regular owned vendors, particularly as it develops national population counts and all of its data its Communications Program for the 2020 sets, including the Current Population Survey Census. and the Economic Census, to ensure all U.S. • Identify and eliminate obstacles to such citizens are represented on such critical issues contracting in the Census Bureau’s current as national measures of economic, health and procurement rules and practices. other indicators.

LATINO COMMUNITY OUTREACH • Increase the Census Bureau’s active engagement with Latino stakeholders on critical decisions regarding the 2020 Census and other Census surveys, including decisions that may fundamentally alter the collection of

HATE CRIMES According to FBI Hate Crime statistics, hate wounded, is just the latest reminder that the crime offenses against the Latino community public safety of Latinos in the country is of have increased steadily over recent years, paramount concern when racist rhetoric from increasing a shocking 70 percent from 2015 the President on down promotes hate and to 2018.80 In November 2019 the FBI reported intolerance. The homophobic attack on the 850 open investigations into domestic Pulse nightclub 2016, which killed 49 people, terrorism including White nationalism was the single deadliest attack on the Latino and neo-Nazism movements.81 The racist community. Despite the known rise in hate attack on Mexicans in El Paso, Texas in 2019, crimes, far too often these incidents are not which left 22 people dead and many more properly prosecuted as such.

77 2020-2024 HISPANIC PUBLIC POLICY AGENDA

POLICY RECOMMENDATIONS

• Increase the support and funding for • Support policies that document the Justice Department investigations and prevalence of hate crimes against LGBTQ prosecutions of hate crimes against people nationally and within each state. Hispanics, including LGBTQ persons. • Support policies that provide financial • Allocate additional resources to the U.S. resources for LGBTQ people that have Commission on Civil Rights to investigate been victimized and LGBTQ organizations hate crimes against Latinos. supporting LGBTQ people. • Close the gaps in existing hate crime reporting by providing grants to states and local law enforcement to adopt policies, practices, and training programs that more effectively identify, investigate, report, and respond to hate crimes. • Support the implementation of the latest crime reporting standard, the National Incident-Based Reporting System (NIBRS), including training on reporting hate crimes through NIBRS. NIBRS allows law enforcement agencies to record and report detailed information about crimes, including hate crimes, to the FBI. • Create accountability to ensure that law enforcement grantees report on their progress and require the Attorney General to collect and analyze the information to better mitigate hate crimes. • Extend civil rights protections to the online marketplace by supporting legislation that combats the dissemination of hate language and White Supremacist rhetoric that is elevated by online media platforms. • Regulate White Supremacist groups that use internet platforms as tools of radicalization to recruit and organize members and target minority and immigrant populations. • Ensure targets of cyber-hate and harassment have access to justice by supporting legislation to better hold perpetrators accountable for their actions online.

78 2020-2024 HISPANIC PUBLIC POLICY AGENDA

CRIMINAL JUSTICE AND MASS IMPRISONMENT

The United States continues to have the enforcement, higher incidences of police highest proportion of prisoners per capita of brutality including death, and greater obstacles any country in the world, a product of a racially to post-incarceration re-entry. The bias is skewed criminal justice and law enforcement particularly acute in the pre-trial stages: system. Latinos are disproportionately and Hispanics are more likely than any other racial adversely affected by discriminatory policing or ethnic group to be detained pretrial, least and criminal justice practices but are not likely to receive a non-financial release option, actively and fully engaged in shaping their and are given the highest bail amounts. This solutions. The reasons for this are multilayered is true even when controlling for the type of but at the core is the overall Black and White offense, prior failure to appear in court, number binary that dominates the criminal justice of charges, and prior criminal record. Latinas debate in the country. In some parts of the make up one of the fastest-growing groups country, imprisonment or arrest data is still imprisoned. The number of women behind collected only for Blacks and Whites. In other bars is increasing at double the rate for men, parts of the country, the police killing of and Latinas are 35 percent more likely to be 82 unarmed Latinos and Latinas is not elevated incarcerated than White women. Once in sufficiently by the mainstream press. prison, women are often subject to sexual misconduct perpetrated by prison guards 83 Unconstitutional practices such as racial who often go unpunished. Finally, the profiling based on group stereotypes, not privatization of correctional facilities, especially individualized suspicion, are a constant yet for immigration detention, places profit over unwarranted feature of Latino life both near the humane treatment of Latino families, the border and in our urban enclaves. This women, and children. bias results in more frequent stops by law

POLICY RECOMMENDATIONS

DATA COLLECTION ADDRESSING ABUSE OF POWER BY • Require through regulatory oversight the LAW ENFORCEMENT collection of all relevant criminal justice • Reform policing in the U.S. to address issues data at the federal and state level for of systemic racism and excessive use of both Hispanics and others across racial force and hold law enforcement officers classifications, as well as sexual orientation accountable for use of excessive force, and gender identity classifications. assault, and murder of African Americans, • Condition federal appropriations to States Latinos, Indigenous persons, and other on full and accurate race and ethnicity persons of color. reporting, such as accurate reporting on • Enact policies that prohibit retributive those who may have two or more races or crackdowns against protestors. ethnicities, including Afro-Latinos, Asian • Support the use of body cameras on American Latinos, and Indigenous Latinos. police personnel and other measures to document the incidences of the use of police

(CONT. ON NEXT PAGE)

79 2020-2024 HISPANIC PUBLIC POLICY AGENDA

force, with appropriate protections for the with their gender identity. confidentiality of victims of underreported • End “stop-and-frisk” policies, which crimes, such as domestic violence and sexual disproportionately impact Latinos, assault. other people of color, immigrants, and • Support the institution of special prosecutors LGBTQ people. to independently investigate and convene grand juries in every instance of a shooting PRE-TRIAL REFORMS or other severe physical harm of civilians by • Provide increased funding for restorative law enforcement. justice programs in the pre-trial context to • Require a full accounting of all injuries and support alternatives that reduce the over- attacks against Latinos and immigrants in reliance on the criminal legal system and private federal detention centers. reduce the mass incarceration of individuals • Adopt guidelines from the American Bar from communities of color. Association on a uniform Spanish translation • Eliminate money bail in all cases except of Miranda rights for Spanish dominant where there is a legitimate risk to persons in arrest settings; extend appropriate public safety. language protections to persons from • Reform bail procedures so that those who Central and South America whose dominant are ultimately not convicted are refunded language is a native language. their full bail payment, and eliminate bail • Enact a law expressly prohibiting profiling requirements for asylum claimants. based on race, national origin, skin color, • Develop a far-reaching mechanism to religion, gender, sexual orientation, or enforce Padilla, which holds that defense gender identity by federal, state, and local attorneys must explain the immigration law enforcement agencies. consequences of a guilty plea to their clients. • Encourage law enforcement to adopt • Prohibit excessive bonds and civil forfeiture, the best practices for policing LGBTQ which often disproportionately impacts communities as included in the President’s Latinos and immigrant detainees. Task Force on 21st Century Policing, and condition federal grants to law enforcement TRIAL AND SENTENCING REFORMS agencies on adopting LGBTQ-inclusive anti- • Study mechanisms to increase the diversity profiling and anti-bias policies. of criminal court juries by promoting service • Require that DOJ publish and disseminate by non-English speakers, non-citizens, and model policies for law enforcement agencies persons with previous criminal convictions. on key topics including police sexual • Adopt drug policy reform measures that misconduct, interactions with LGBTQ people, have the biggest impact on reducing the and eliminating the confiscation and use of incarceration of Latinos for nonviolent condoms as evidence of prostitution. drug crimes. • Ensure that DOJ issue strong regulations • Eliminate mandatory minimums, which take to implement the Violence Against Women discretion away from judges to take nuances Act’s nondiscrimination provisions for police, of a given case into account, and result in courts, prosecutors and victim service longer prison sentences, thus expanding the programs receiving VAWA funds, including prison population. ensuring that transgender individuals have • Ban the use of the death penalty, which access to services and programs consistent disproportionately impacts people of color.

80 2020-2024 HISPANIC PUBLIC POLICY AGENDA

• Require DOJ to aggressively investigate • Prohibit the use of solitary confinement for complaints related to excessive fines and pregnant women, juveniles, transgender, fees that result in increased incarceration of and gender non-conforming individuals. For poor Latinos in debtors’ prisons across the all others, eliminate solitary confinement for United States.84 petty corrections violations, severely limit • Reduce the number of people in local jails, the stay in solitary confinement beyond state, and federal prisons to stop the rapid reasonable limits, and ensure that basic spread of COVID-19 among incarcerated human needs are provided to anyone people. sentenced to solitary confinement. • Enact policies that ensure the public can • Enforce and expand mechanisms to prevent freely exercise the right to protest without sexual assault in prison and improve being targeted for criminal prosecution and protocols on how to respond to sexual prohibit harsh sentencing against protestors. assault in prisons to ensure access to safety and services for survivors and accountability CORRECTIONS REFORMS of offenders. • Ensure that the civil liberties of people in • Strengthen the Prison Rape Elimination local jails, state, and federal prisons are Act to allow for an effective private right of protected, including in the midst of crises action to hold institutions responsible for and emergencies, so that no one is jailed sexual harassment and assault in prison indefinitely. and detention. • Provide increased funding for restorative • Prohibit the full or substantive replacement justice programs in the sentencing stages to of the right to in-person visits for and with reduce the mass incarceration of individuals inmates, or other incarcerated or held from communities of color. persons, with any tech-based alternative, be • Hold prison guards accountable for violence it remote or on-site. and harassment against prisoners. • Prohibit the denial of visitation rights as a • Eliminate the use of private prisons and coercive, extortive or investigative technique terminate the Immigration and Customs or for any other non-disciplinary reason, Enforcement quota for immigration including their own or the visitor’s sex, detention beds throughout the country, affectional or sexual orientation, gender to sever financial incentives to incarcerate identity, gender expression, marital status, Latinos. Additional policy recommendations domestic partnership or civil union, race, for reforming immigrant detention can creed, color, ethnicity, national origin, be found in the Immigration section of disability, genetic information, atypical this report. hereditary cellular or blood trait, or any other • Prohibit the shackling of pregnant women social category. during their pregnancy and delivery in • Support a constitutional amendment to immigration and criminal detention centers. prohibit prison labor. Such practices are cruel and cause trauma to both the mother and child.85 Ensure access RE-ENTRY to adequate care for pregnant women in • Support the establishment of educational detention and prioritize alternatives to resources (e.g., access to GEDs, financial aid, detention.86 and college credits) available to prisoners as

(CONT. ON NEXT PAGE)

81 2020-2024 HISPANIC PUBLIC POLICY AGENDA

a way to rehabilitate Latinos behind bars. segments in the juvenile justice system.87 • Eliminate felon disenfranchisement and • Ensure that juvenile justice facilities and adult restore eligibility to vote and access federal facilities across the country track Latinos by financial aid to all persons regardless of race, gender, and ethnicity, from initial court convictions, as a way to accelerate prisoner processing through final sentencing or case reentry and civic engagement and enhance disposition. democracy. • Advance a federal mandate that requires • Increase the ability for lawful permanent all children under 18 years of age to be tried residents to obtain citizenship, and the right as youth offenders. Latino youth are more to vote, by reducing the criminal bars to likely than their White peers to receive adult naturalization. sentences. • Require employers to “ban-the-box” so • Insist that incarcerated youth receive the that the formerly incarcerated have better same quality vocational and educational chances to find permanent employment and opportunities that public school students require colleges and universities to similarly receive by implementing stronger “ban the box” on admission applications. accountability systems. • Ban discrimination against people based • Allow teens to speak with a trauma-informed on sexual orientation or gender identity in counselor who may be able to determine federally-funded re-entry programs. whether the juvenile has been a victim • Support community re-entry programs that of sexual assault or domestic violence to help LGBTQ individuals being released from address his or her needs as a survivor, not as a incarceration reintegrate by connecting criminal. them with housing, training, support • Support policies that require the Department services, and employment. of Justice’s (DOJ) Office of Juvenile Justice • Collaborate with Hispanic Serving and Delinquency Prevention (OJJDP) to Institutions (HSIs) to link formerly issue guidance discouraging the arrest and incarcerated people with higher education detainment of truant and homeless youth opportunities upon release. simply because they are truant or homeless. • Invest additional resources in family • Support legislation that combats the school- reunification to address the cross- to-prison pipeline for LGBTQ youth. generational effects of incarceration. • Ensure that juvenile justice programs address the particular issues faced by LGBTQ Hispanic JUVENILE JUSTICE youth, who are disproportionately homeless • Provide funding to school districts to reduce and resort to survival crimes that place them the racial discipline gap and over-reliance on in the juvenile justice system. school suspensions of Latino students as a way to curb the school-to-prison pipeline that OVERCRIMINALIZATION harms so many Latinos. • Support legislation that moves away from • Ensure that juvenile justice reform addresses criminalization-focused approaches to the issues of young women of color. Young sex work. Latinas are one of the fastest-growing

82 2020-2024 HISPANIC PUBLIC POLICY AGENDA

EMPLOYMENT DISCRIMINATION NHLA strongly supports vigorous federal enforcement of Title VII of the Civil Rights Act, and other federal anti-discrimination laws, especially as they relate to actions on behalf of Latino employees.

POLICY RECOMMENDATIONS

• Ensure that the Justice Department and • Enhance protections and improve the Equal Employment Opportunity enforcement of protections against Commission aggressively pursue violations discrimination on the basis of sex to better of civil rights employment laws, especially prevent and respond to sexual harassment in matters of discrimination based on and sexual assault in the workplace. language, race, national origin, skin color, sex, • Create pathways to professional licensing for sexual orientation, gender identity, previous non-citizens. criminal histories, and creditworthiness. • Enhance enforcement of protections against • Support affirmative action outreach pregnancy discrimination. Women of color and hiring benchmarks via the federal and immigrant women disproportionately contracting process through the Office of work in physically demanding and low- Federal Contract Compliance and other wage jobs that offer little flexibility. Thus, means. they are especially likely to need these • Ensure robust implementation of Executive accommodations.88 Order 13583, or any similar executive actions, • Update and improve the EEOC’s guidance to increase Latino representation in the on national origin discrimination as a way to federal workforce. curb unlawful practices against Latinos. • Enhance enforcement of protections against • Take steps to protect against bias-driven discrimination based on race, color, sexual harassment in the workplace, based on race, orientation, gender identity, national origin, color, sexual orientation, gender identity, citizenship status, or previous criminal national origin, or citizenship status. history. • Enhance protections against discrimination • Enhance protections for survivors of violence on multiple bases, such as national origin to take time off work to deal with child and sex, or national origin and LGBTQ custody, criminal prosecutions, protection identity, among others, on matters orders, and other issues related to intimate like hiring, promotion, pay, and other partner violence, and to be able to access workplace decisions. unemployment compensation when • Enhance protections for undocumented needing to leave a job as a direct result of immigrants against retaliatory discharge domestic violence. and adverse immigration consequences for seeking to enforce anti-discrimination laws.

LANGUAGE AND INTEGRATION

The Latino community strongly opposes both the increasing hostility to language minorities and the resulting efforts to establish English as the national or official language.

83 2020-2024 HISPANIC PUBLIC POLICY AGENDA

POLICY RECOMMENDATIONS

• Oppose national, state, and local laws and • Ensure that meaningful access to services legislation that attempt to establish English under Title VI of the Civil Rights Act and as the official or national language because Executive Order 13166 language assistance they are unnecessary, harmful, and conflict standards (for those with limited English with the constitutional rights of citizens proficiency skills) are carried out in all and non-citizens. federally conducted activities, and by • Support government funding for adult recipients of federal assistance, like state English literacy classes. courts and law enforcement agencies. • Support “English-Plus” legislation that celebrates the country’s multiculturalism and multilingualism and enhances our global competitiveness.

JUDICIARY

A fair and independent judiciary is critical ancestry are somehow biased and unfit to serve for the preservation of Latino civil rights. As on the judiciary or preside over specific cases. the Latino population continues to grow, and the backlash of discrimination continues Having diverse perspectives and experiences to manifest itself, the need to protect the represented on the bench further enriches civil rights of the community will become the ability of the judiciary to consider cases even greater. NHLA firmly denounces any that affect our nation’s diverse population and representation from members of the executive reverses the underrepresentation of Latinos in or legislative branch that judges of Latino the judiciary.

POLICY RECOMMENDATIONS

• Nominate and confirm judges who have • Nominate and confirm more Latina, demonstrated a record of preserving or Latino, and Latinx judges, to improve the expanding civil rights legal protections and representation of Hispanics in the federal who reflect the growing diversity of the judiciary. country. • Nominate and confirm other judges with • Increase efforts to close the gap of law significant experience with an awareness of school enrollment and increase retention the growing Latino population. of Latino students to diversify the ranks of • Nominate and confirm judges with a record lawyers. of advancing equality and opportunity for LGBTQ people.

84 2020-2024 HISPANIC PUBLIC POLICY AGENDA

GOVERNMENT SERVICES AND PUBLIC ACCOMMODATION DISCRIMINATION

Public employees should serve all who seek to gender identity and sexual orientation the services of the office they work in based unless it addresses them to protect persons on the criteria and portfolio of the department who may be discriminated against for those or office, not on their personal or religious reasons. Public accommodations, like hotels beliefs. The religious freedom of employees and restaurants, should serve all people except does not extend to imposing their personal when a law of general application (like the religious views on their government work, age requirement to purchase alcohol) applies. even if those views are shared by a majority Public accommodations should not serve to of the community they serve in. Public enforce immigration laws. decision-making, in general, should be blind

POLICY RECOMMENDATIONS

• Oppose policies that allow discrimination non-discrimination protections for LGBTQ by government employees or public people across employment, housing, credit, accommodations based on immigration education, public spaces and services, status, sexual orientation or gender federally funded programs, and jury identity, as an exception or otherwise, for service. religious, political, or other reasons. • Defend marriage equality. • Enact the Equality Act, which would • Oppose discriminatory measures that deprive amend and expand existing civil rights LGBTQ parents of their parental rights. law to provide consistent and explicit

RIGHTS OF PUERTO RICANS

POLICY RECOMMENDATIONS

• Eliminate the discriminatory disbursement of disaster funds allocated by Congress by the Executive Branch to ensure equal treatment of Puerto Ricans on the island. • Ensure that rebuilding and recovery • Ensure all people are allowed to elect in Puerto Rico is not an excuse for to stay, choose where to relocate, and exploitation or displacement or for waiving have a say in decisions that impact their any civil, human, or environmental rights in communities. the name of speed or greed. • Ensure all communities receive equitable • Require the recovery and rebuilding and just access to resources and treatment, process to prioritize mitigation before regardless of income, property value, displacement. location, or other qualifiers. 85 2020-2024 HISPANIC PUBLIC POLICY AGENDA

PROMOTING DIVERSITY AND TOLERANCE IN MEDIA

Today nearly 40 percent of Americans are the most well-known maids on television and 89 people of color, yet exceedingly few people of cinema. This lack of diversity has resulted in color are represented at mainstream media reckless and false representations of Latinos outlets. Latino men in lead roles are on the and other people of color, fostering a climate decline and Latinas, though their share of of hate and intolerance that breeds racism leadership roles is increasing, continue to and hate crimes. It has also prevented Latinos be relegated to roles based on gender and and other communities from accessing the ethnic stereotyping. For example, since 1996 important news and information needed to Latinas have portrayed nearly 70 percent of fully engage in our democracy.

POLICY RECOMMENDATIONS

• Encourage a comprehensive Federal covert consolidation, such as through Communications Commission (FCC) Joint Sales Agreements and other vehicles, inquiry into the extent and effects of designed to circumvent FCC ownership hate speech in media, and an update limits. to the National Telecommunications • Expand internet access to lessen the digital and Information Administration’s (NTIA) divide, which should include Broadband 1993 report to Congress, The Role of Mapping. Telecommunications in Hate Crimes. • Support policies to increase reliable, • Undertake efforts to discontinue the use of meaningful, and affordable access to the inflammatory language about Latinos and internet and other telephonic services, immigrants by the media to help prevent including the defense of the Lifeline the fueling of hate speech and intolerance. program. • Work with the tech industry — including • Ensure that the FCC is collecting thorough Facebook, Google, and Twitter — to data on the diversity of media ownership establish a strong, actionable commitment and employment. Require that the to transparency and protections, FCC provide this data to the public in a particularly against the rise and spread of transparent and easily searchable format hate online. that breaks the numbers down by race and • Support legislation and other policy ethnicity. solutions to reinstate and protect the open • Support Congressional action to reinstate internet via Title II net neutrality. the “minority tax certificate,” which increased • Support FCC policies to expand and ownership diversity substantially before it promote media ownership diversity. was abandoned in the late 1990s. • Oppose broadcast consolidation as a race-neutral way to open doors for diverse owners to enter the media marketplace, including but not limited to unreasonable

86 2020-2024 HISPANIC PUBLIC POLICY AGENDA

ENVIRONMENT AND ENERGY

We are facing an existential climate emergency and other environmental issues will require that, if not sufficiently and urgently addressed, a transformation and significant investment could seal the devastating fate of our planet in the U.S. workforce and economies at the and our families. Latinos recognize this national, state, and local levels. challenge and are more willing to get involved politically with environmental issues than any Race and poverty are some of the strongest other group.90 The majority of U.S. Latinos live predictors of environmental degradation in in areas that have experienced devastating communities such as lack of access to clean impacts of extreme weather events, such as water and sanitation91 and violations of air Hurricanes Irma and Maria in Puerto Rico, quality standards.92 Close to 2 million Latinos longer and stronger wildfires in California, live within a half-mile of an oil and gas facility, flooding from sea level rise in Florida, and close enough to have concerns about the historic drought and heatwaves in Texas, all health impacts of pollution.93 Asthma has a of which have had deadly impacts on these disproportionate impact on Latino families communities. Changes in climate and extreme living in communities with poor air quality. For weather are hitting our communities hard example, Latino children are twice as likely to and magnifying the existing vulnerabilities die of asthma than non-Latino Whites. Poor air that many Latinos already face, such as quality results in 750,000 summertime asthma environmental degradation and the poisoning attacks in children and 500,000 missed school of our land, air, water, and food, leading to days. Among Latinx adults, this pollution disproportionate exposure to toxins, pollutants, results in 2,000 asthma-related emergency and environmental hazards at home and in room visits, 600 hospital admissions, and 1.5 the workplace. Addressing the climate crisis million reduced activity days.94

ENVIRONMENT AND GENDER

The World Health Organization found that that further limit their coping capacity. As natural disasters such as droughts, floods, NHLA member organizations’ research has and storms kill more women than men, and shown, Latinas are the most vulnerable of all tend to kill women at a younger age. The groups at the workplace, and the situation gender-gap effects on life expectancy tend is even worse for undocumented Latinas. to be greater in more severe disasters, and Thus, in the policymaking response to in places where the socioeconomic status of environmental challenges, it is important to women is particularly low.95 We know that in include gender-sensitive strategies. the U.S., Latinas are vulnerable because they face social, economic, and political barriers

87 2020-2024 HISPANIC PUBLIC POLICY AGENDA

CLIMATE CRISIS EMERGENCY

In 2018, the United Nations Intergovernmental Panel on Climate Change (IPCC) 1.5°C Special Report concluded that if the global temperature rises by 1.5°C, humans will face unprecedented climate-related risks and weather events. It warns that action must be taken to lower global net human-caused emissions of carbon dioxide (CO2) by about 45 percent from 2010 levels by 2030, reaching net- zero carbon emissions by 2050.96

Climate change is increasing the frequency and intensity of extreme weather events, including hurricanes, wildfires, droughts, floods, and extreme heat days. Communities of color are on the frontlines of the environmental and public health impacts of climate change. We must ensure that climate solutions address these inequities and provide justice for these communities.

Climate-related migration across the world is increasing as a result of food insecurity caused by environmental changes and climate- induced disruptions, including weather- related disasters, drought, famine, and rising sea levels. According to the UN International Organization for Migration, by 2050, there may be as many as 200 million climate-displaced persons.97 Climate-forced migrants and other environmental migrants98 face additional risks during their journey and after they arrive at their destination. Many migrants are exposed to trauma, violence, and unhealthy conditions in their country of origin, along their migration journey, and in their new country of residence. Environmental migrants often lack formal protections under U.S. or international law. While the effects of climate change can aggravate societal tensions that lead to persecution, many climate-displaced persons do not yet meet the definition of a refugee under international or domestic law.

88 2020-2024 HISPANIC PUBLIC POLICY AGENDA

POLICY RECOMMENDATIONS

COMPREHENSIVE CLIMATE ACTION • Support and develop policies and programs • Implement comprehensive climate policies that provide financial investments to and legislation to reduce Carbon Emission create climate-resilient communities (e.g. to meet recommendations of the United infrastructure replacement and hardening, Nations Intergovernmental Panel on water resource management plans, clean Climate Change (IPCC) 1.5°C Special Report energy technology, and workforce training). to combat the climate crisis to ensure a safe, healthy, and prosperous future. DISASTER RELIEF AND • Ensure comprehensive climate policies and PUERTO RICO legislation maximizes co-benefits, such as • Appropriate disaster relief and other federal green jobs and reduced air pollution. funds and release them in a timely and legal • Recommit United States participation manner without additional restrictions and and leadership in international efforts to barriers to access, which are not required of address climate change such as the COP other post-disaster entities. 21 Paris Climate Agreement and ratify such • Align all federal, local, and private investments participation by Congress. and plans to support the achievement of the government’s 100 percent renewable portfolio BUILDING CLIMATE PREPARED & standard by 2050. RESILIENT COMMUNITIES • Enable all affected persons to access • Engage Latinos meaningfully through emergency services, food, and shelter multiple public hearings in impacted following natural disasters, regardless of communities and public comment periods immigration status. of an average of 60 days that are accessible in • Ensure mitigation dollars and planning are multiple languages, on the implementation undertaken with the full input of affected of environmental laws including those communities; displacement and disruption meant to address disproportionate impacts of historic communities should be the last on communities of color and low-income alternative. communities. • Bolster Puerto Rico’s agriculture sector and • Expand research identifying preventative promote resilient and sustainable local food measures that address impacts (e.g. health, production, and access to safe, potable water. economic, safety, etc) that climate change • Prohibit waivers of any civil, human, or will have on vulnerable populations, including environmental rights in the name of speed or elderly, children, members of the LGBTQIA+ greed. Rebuilding and recovery in Puerto Rico community, women, people experiencing should not be an excuse for exploitation or homelessness, and workers. displacement. • Expand research on transitioning • Prioritize mitigation before displacement and building ethical and transparent in the recovery and rebuilding process. All governments that are climate prepared, communities should receive equitable and climate-resilient, and advance equity and just access to resources and treatment, justice for vulnerable communities. regardless of income, property value, location, or other qualifiers.

(CONT. ON NEXT PAGE)

89 2020-2024 HISPANIC PUBLIC POLICY AGENDA

CLIMATE-RELATED MIGRATION create and implement a new humanitarian • Immediately establish a safe and hygienic program for international migrants who have process for climate-related migrants to enter been displaced by environmental disasters or the country and process their immigration climate change. status, in consideration of the COVID-19 • Collect and maintain data on displacement pandemic. caused by climate change and release an • Support the U.S. as an active leader in annual report with an analysis of the data. international discussions to support and • Support robust funding of the U.S. find solutions for the Global Climate Change contribution to the Green Climate Fund Resilience Strategy that would include global (GCF), a fund designed to address the critical protections for climate-forced and other needs of developing nations, including Latin environmental pressured migration. America, to foster resilience to the effects of • Direct the U.S. State Department and the climate change and to support low-carbon U.S. Agency for International Development to development.

ENVIRONMENTAL JUSTICE

To ensure the health and well-being of Latino communities across the nation we must understand the current environmental inequities experienced by these communities, the impacts on their health, and promote policies that elevate and center environmental justice (EJ) for communities.

POLICY RECOMMENDATIONS

• Halt waivers of environmental pollution laws and Rodenticide Act (FIFRA); Coal Ash that have been allowed since the onset of the Regulations; National Environmental Policy COVID-19 pandemic in the U.S. Act (NEPA); Methane Pollution Reduction • Require federal agencies to assess the Standards; Mercury and Air Toxic Standards impact of a proposed action on human (MATS); and the Resources Conservation and health, environmental hazards, and access to Recovery Act (RCRA). outdoor spaces and recreational activities and • Support the update of the Toxic Substances produce a “community impacts report” on its Control Act (TSCA), a dysfunctional, 40-year- findings for any action that could harm an EJ old chemical safety law that has failed to stop community. toxic chemicals from regularly being used in • Strengthen and support the enforcement common household products. of existing public health and environmental • Enact the Environmental Justice for All laws, including: the Clean Air Act; Clean Act to codify the National Environmental Water Act; Comprehensive Environmental Justice Advisory Council and the directives Response, Compensation, and Liability Act of Presidential Executive Order 12898 on (Superfund); Federal Insecticide, Fungicide, environmental justice and to strengthen and

90 2020-2024 HISPANIC PUBLIC POLICY AGENDA

enforce environmental and civil rights laws, • Establish an environmental justice such as Title VI of the Civil Rights Act. ombudsman role within the Environmental • Require federal agencies to consider the Protection Agency (EPA) to receive, review, cumulative impacts (or pollutant levels) in and process complaints and allegations permitting decisions under environmental relating to environmental justice programs or laws such as the Clean Air and Clean Water actions of the EPA. Acts. • Increase funding and strengthen authorizing • Require federal agencies to develop, language for environmental justice grant implement, and report activities in a manner programs that support research, education that does not have a discriminatory impact outreach, development, and implementation on environmental justice communities. of projects to address environmental and public health issues in EJ communities.

CLEAN ENERGY

To meet the carbon emissions reduction necessary to address the climate crisis, we must reduce our nation’s and communities’ dependency on fossil fuels, non-renewable and finite resources, including natural gas, that are the main drivers of climate change. We must ensure a just transition to a clean energy economy and way of life for the sustainability of our planet and future generations.

POLICY RECOMMENDATIONS

• Support legislation which would prohibit increase their supply of renewable electricity shutoffs, mandate reconnections, energy by a percentage of total retail and ensure electricity affordability sales each year. protections for low-income households • Prioritize policies, programs, and regulations during the COVID-19 national emergency that remove polluting energy facilities from and beyond. communities of color and increase access to • Promote the use of renewable power clean energy sources — such as solar, wind, generation and enabling technologies geothermal — for all Americans, particularly (e.g. battery storage), energy efficiency in frontline and low-income Black, Indigenous, buildings, and zero-emission engines across Latino, Asian, and multiracial communities. all sectors. • Promote policies and programs that • Support comprehensive federal legislation, provide financial assistance for commercial policies, and regulations that move the and residential building energy efficiency U.S. towards utilizing 100 percent clean retrofits, including the adoption of clean energy, such as the Green New Deal and 100 energy technologies (e.g. solar panels and percent Clean Economy Act by 2050. battery storage) and retrofits that improve • Support the establishment of a National indoor air quality, prioritizing frontline and Renewable Electricity Standard that low-income Black, Indigenous, Latino, Asian requires retail electricity providers to and multiracial communities.

91 2020-2024 HISPANIC PUBLIC POLICY AGENDA

CLEAN WATER

In 2010, the United Nations General Assembly treatment infrastructure, unregulated and recognized the human right to water and contaminated, and unaffordable water service. sanitation and acknowledged that clean To ensure that all Latino communities have drinking water and sanitation are essential access to clean water in their homes and to the realization of all human rights.99 Yet, safe clean rivers, streams, and lakes, we must many Latino communities across this country strengthen laws and regulations protecting are faced with devastating water quality water, improve enforcement of those laws, conditions including unsafe drinking water and greatly increase federal investment in contaminated with lead, coal ash and PFAS sustainable water infrastructure. and other toxics, inadequate wastewater

POLICY RECOMMENDATIONS

• Oppose efforts to weaken the Clean Water • Support the swift authorization and Act through legislation and deregulation of passage of federal funds for drinking the Clean Water Rule of 2015. water emergencies, such as communities • Support efforts to increase investment facing lead contamination and support in water infrastructure, drinking water the use of federal grants by states for lead systems, wastewater systems, across the contamination abatement projects. Also nation, prioritizing investment in frontline support legislation increasing flexibility and and low-income Black, Indigenous, Latino, accessibility of water-emergency related Asian, and multiracial households and funding across federal agencies such as communities. FEMA and EPA. • Support efforts to create federal funding • Support legislation that would prohibit water streams for repair and maintenance of shutoffs, mandate reconnections, and ensure aging decentralized wastewater systems, water affordability protections for low-income prioritizing vulnerable communities like households during the COVID-19 national Puerto Rico, Las Colonias,100 rural African emergency and beyond. American communities, and the Navajo Nation. • Support stronger implementation of water equity goals across EPA programs including programs focused on infrastructure upgrades for drinking water and wastewater utilities for low-income communities, such as removing cost-match requirements, adding grant payment programs, and forgiving loans to small and disadvantaged communities.

92 2020-2024 HISPANIC PUBLIC POLICY AGENDA

CONSERVATION

Communities benefit from the ecosystem our public lands system. For example, Latinx services of well-balanced and protected natural people disproportionately live in areas that offer landscapes. Latinx communities understand fewer park acres per person. Other barriers that it is critically important to protect our include access to transportation, cost of entry, wildlife, public lands, and endangered species. cost of equipment, and unwelcoming social interactions. We must work to ensure that Latinx people see themselves represented in the histories and places protected, as well as have access to growing recreational and economic opportunities. Multiple barriers prevent Latinx communities from enjoying the benefits of

POLICY RECOMMENDATIONS

WILDLIFE to the Department of Interior to ad- • Support efforts to improve wildlife dress the various maintenance backlog management and critical habitat across needs across the agency departments federal and state agencies, including including U.S. Fish & Wildlife Service, defending and strengthening the National Park Service, and others; Endangered Species Act and improving ◦ opposing all efforts to undermine or wildlife corridors. repeal the Antiquities Act, which gives Protect public lands by: • the President the ability to establish opposing and halting efforts to ad- ◦ new national monuments or enlarge vance oil and gas drilling in the Arctic existing monuments; and National Wildlife Refuge and other ◦ supporting efforts to re-establish and sensitive areas; and expand the boundaries of Bears Ears supporting efforts to reach net-zero ◦ National Monument and Grand-Stair- emission of greenhouse gasses from case Escalante National Monument public lands and waters and support to their original boundaries when first the expansion of renewable energy established. infrastructure on public lands when possible. INCREASE AND PROTECT ACCESS • Ensure parks continue to exist for future TO NATURE generations by: • Oppose efforts to privatize public lands and ◦ continuing to support full funding of attempts to mandate development on our the Land and Water Conservation Fund public lands that could harm traditional and (LWCF); growing uses by Latinos. ◦ supporting efforts to provide funding • Designate and protect public lands as

(CONT. ON NEXT PAGE)

93 2020-2024 HISPANIC PUBLIC POLICY AGENDA

national monuments in urban areas to ◦ designating the Gila and San Francisco increase access to public lands. Rivers and tributaries in New Mexico as • Expand federal funding and programs to the Gila Wild and Scenic River. increase public transportation options to • Expand research on the historic contributions public lands for rural, urban and other under- and places related to Latina & LGBTQ Latinx represented communities, such as the Transit individuals and how to ensure their inclusion to Trails Act of 2019. in existing parks or new designations. • Create a national outdoor equity fund, similar • Protect the recreation economy by increasing to that in the state of New Mexico, that opportunities for Latino small businesses and would make available grants to assist local entrepreneurs to participate in the growing governments, organizations, and schools recreation economy. to increase access to outdoor experiences, environmental education, and more.

PROTECTING LATINO HISTORY, CULTURE, AND PLACE • Support efforts to identify, designate, and protect more places that tell the historical contributions, cultural connections to land, and places of environmental significance to Latinos within the national public lands system as national monuments, historic sites, national parks, and other designations. This should include: ◦ establishing a Cesar Chavez National Historic Park to protect and commemorate the historic contributions of Cesar Chavez and other leaders of the United Farm Workers Movement; ◦ designating the Chicano Park National Historic Landmark as an affiliated site of the National Park Service; and

OCEANS

Our oceans and coasts are our greatest shared resources, serving as important critical food sources, providing opportunities for social, economic, and cultural connections, as well as maintaining a rich ecosystem with incredible biodiversity. Coastal communities across the nation and U.S. territories depend heavily on marine-based economies, such as fisheries, tourism, and recreation.

94 2020-2024 HISPANIC PUBLIC POLICY AGENDA

POLICY RECOMMENDATIONS

• Protect Ocean Ecosystems and Wildlife by: • Enact an offshore drill ban which should ◦ supporting federal agency policies include a permanent moratorium of and funding ensuring that frontline offshore drilling in the eastern Gulf of communities of color are prioritized for Mexico and a banning of offshore drilling coastal resilience projects; along the Atlantic and Pacific coasts. ◦ opposing efforts to undermine or roll • Tackle the Plastic Pollution Crisis by: back existing marine monuments, ◦ supporting legislation heavily curb- marine protected areas, and marine ing plastic production, incentivizing sanctuaries; responsible recycling and disposal of ◦ supporting efforts to protect 30 percent existing plastics products, creating of the ocean by 2030 by establishing enforcement framework for holding new marine monuments, protected polluting companies accountable for areas, and sanctuaries; and excess plastic production; and ◦ supporting federal programs that ◦ supporting legislation providing fund- promote coastal access, recreation, and ing to local organizations working education for low-income and commu- with frontline community members nities of color. who have been harmed by pollution • Protect sustainable fisheries by: from nearby plastics refineries. ◦ supporting policies promoting sus- tainable fisheries management and involvement of coastal, low-income, and minority community members in fisheries training, construction, and management; and ◦ supporting the modernization of the Magnuson-Stevens Fishery Conserva- tion and Management Act to account for existing and future climate change impacts on fisheries and ocean health.

CLEAN ENERGY TRANSITION

A just transition to a clean energy economy which already employs 3.26 million people 101 depends on ensuring that the 1.5 million in the U.S. Three states with the highest people in the fossil fuel workforce have an Latino populations are already leading on opportunity to access training and new jobs clean energy job creation: California, Texas, in the burgeoning clean energy economy, and Florida.

95 2020-2024 HISPANIC PUBLIC POLICY AGENDA

POLICY RECOMMENDATIONS

• Support federal investment in worker • Invest heavily in HSIs, and promote training programs to provide workers in programs like Green Entrepreneurship, fossil fuel related industries with training to Clean Energy Technology, and workforce enter new fields — whether in clean energy transition programs, particularly in or other areas where their skills may be STEM careers where Latinos are largely transferable. underrepresented. • Support federal investment in programs • Require employers to provide paid family at institutions of secondary education, and parental leave regardless of gender, higher education, and trade to prepare equal pay by race and gender, and the incoming workforce with the skills and healthcare benefits. education to be successful in transitional • Expand community-supported free high- and emerging job opportunities. speed internet access in low-income • Fund free childcare facilities at institutions communities to support online learning of secondary education, higher education, during the COVID-19 pandemic and after. and trade to enable Latino parents to more easily access education and training.

FARMWORKER PROTECTION

Latinos account for 83 percent of agricultural work, construction work, and landscaping. field occupations that expose workers to health Many workers may not want to ask for or take a hazards, bad air quality, and economic impacts break if they start to exhibit symptoms of heat of extreme weather. The changing climate and illness. Workers may also fear discrimination environmental conditions across the nation or retaliation from their employer for speaking are an ever-growing threat to the agricultural up against unsafe work conditions. Without industry causing severe damage to crops and protection from excessive heat exposure, workers workers. Climate change is leading to longer are susceptible to severe health issues and even periods of droughts, more intense wildfires and death. more extreme heat days, exposing farmworkers to public health risks. Wildfire smoke remains The Trump administration proposed to cut in the air for an extended time, carrying toxic farmworker pay at the onset of the COVID-19 chemicals and causing dangerous air quality pandemic to help the agriculture industry. conditions harmful to those without proper This is the opposite of what farmworkers - respiratory protection. In efforts to quickly and the country - need at this dire moment. get crops off fields during or after a wildfire, Farmworkers are essential employees during farmworkers are often expected to put their the COVID-19 pandemic, and our food system health at risk by continuing to work outside in is relying on farmworker health and safety to be smoky conditions. prioritized during this time. More than half of all farmworkers lack health insurance,102 and many Additionally, heat-related illnesses, given rising migrant farmworkers lack access to consistent temperatures, are becoming increasingly care from the same provider as a result of prevalent and dangerous amongst Latino frequent relocation. Protecting farmworker pay workers in jobs that require physical labor outside and access to healthcare are critical to the safety during excessive heat, such as agricultural and stability of our country.

96 2020-2024 HISPANIC PUBLIC POLICY AGENDA

POLICY RECOMMENDATIONS

• Enact the Farmworker Smoke Protection specific hazards of the workplace. Act of 2019, directing OSHA to develop • Protect farmworker pay, provide free and publish an official standard to protect healthcare for all farmworkers, and increase employees affected by exposure to wildfire funding to rural health clinics. smoke. • Develop COVID-19 prevention protocols and • Enact the Asuncion Valdivia Heat Illness guidance for farms and farmworkers. and Fatality Prevention Act of 2019 (named • Provide the Department of Labor with for a farmworker who tragically died from increased funding for occupational safety heatstroke), which would require OSHA enforcement in agriculture and end the to issue a federal standard for heat stress denial of funding for enforcement on protections with meaningful participation smaller farms. of covered employees and tailored to the

PESTICIDES Farmworkers, the majority of whom are care, medical misdiagnosis, and the absence Latino, have one of the highest rates of of a coordinated national pesticide incident chemical exposures among U.S. workers. The reporting system. Agricultural workers and EPA estimates that up to 3,000 farmworkers their families suffer serious short- and long- suffer acute pesticide poisoning every year term health effects from pesticide exposure. through occupational exposures.103 The Yet, despite the urgent need to protect numbers are likely much higher. Several farmworkers and their families from pesticide factors contribute to the underestimation exposure, they are afforded fewer protections of the problem, including the inability and than workers exposed to chemicals in other reluctance of injured workers to get medical industrial sectors.

POLICY RECOMMENDATIONS

• Ensure that the EPA fully implements and adequately enforces the recently revised Worker Protection Standard (WPS) to protect agricultural communities and the public from unreasonable harm from pesticides. • Support stronger standards for workplace safety for farmworkers, including the banning of extremely toxic pesticides, such as chlorpyrifos, and stronger precautions against exposure. • Support a federal policy mandating the reporting of pesticide use and illness incidents to inform regulations that support public health including pesticide use reform.

97 2020-2024 HISPANIC PUBLIC POLICY AGENDA

HEALTH

Hispanics represent nearly 60 million or 18 employment and often work two jobs for basic percent of the U.S. population and are the living expenses and go without healthcare and largest ethnic group in the nation. Hispanics, behavioral healthcare. Toxic stress develops when compared to Whites, are poorer, younger, without knowledge about healthy living, have larger families, more Spanish speakers, leading to chronic diseases and symptoms and mixed-families with undocumented that are often ignored until later stages of the non-citizen members. Hispanics report their disease, such as: hypertension, high cholesterol, households are food insecure at 18 percent cardiovascular disease, cancers, non-fatty liver as compared to 9 percent of Whites, Hispanic disease, HIV, and depression. parents report their children live in an unsafe neighborhood at 10 percent as compared to 3 Latinos are at a disproportionate risk of percent of Whites, and Hispanics have a less- being uninsured, lacking access to care, than-high-school education at 26 percent as and experiencing worse health outcomes compared to 6 percent of Whites. compared to Whites and those at higher incomes. Even those who have private Due to low-incomes and living in communities health insurance face disparities, including with food deserts, Hispanic families face unaffordable healthcare services and less limited choices of healthy food and consume access to regular providers and preventive excess sugar, carbohydrates, and less nutritious services in their neighborhoods. The costs of fruits and vegetables. Thus, we have health medical care have all been worse for Latinos disparities and the trend of increasing obesity as compared to Whites, including: regular and metabolic diseases, especially Type 2 providers, use of preventive services, and costs diabetes with Hispanics having two times of medical care.104 the rate of diabetes compared to Whites. Hispanic adults often face limited options for

AFFORDABLE CARE ACT

The Affordable Care Act has increased health and the Hispanic uninsured rate remained over coverage and the health status of Hispanics, 2.5 times higher than the rate for Whites."105 thanks to its elimination of pre-existing However, beginning in 2017, Congress and the conditions, expansion of child coverage on Trump Administration reduced the federal parents’ plan to 26 years of age, free preventive government’s role in setting standards and screenings, and many other provisions. From operations; for example, they reduced efforts to 2010 to 2015, Latinos under 65 who were encourage people to enroll, including zeroing uninsured decreased from 22 percent to 13 out the tax penalty for not having coverage. percent. "Blacks remained 1.5 times more likely Another example of the Trump administration to be uninsured than Whites from 2010 to 2018, reducing the federal government’s role in

98 2020-2024 HISPANIC PUBLIC POLICY AGENDA

setting standards has been by allowing states more flexibility to design the essential health benefits package and alternatives to the ACA under the 1332 waiver program.

Undocumented members of families experience an extra burden when it comes to decision-making about government assistance programs that other family members are eligible for such as WIC, SNAP, child and adult nutrition programs, disability, and Medicaid for maternal and infant care. Healthcare access must expand for these and other immigrants.

POLICY RECOMMENDATIONS

• Continue healthcare reform based on the ◦ developing legislation that decreas- ACA, which must include: es the cost growth rate of common ◦ essential health benefits including free prescription drugs at the levels of the preventive service and new mental manufacturers, PBMs, and point of sale healthcare; and supports generic drugs; ◦ education and outreach programs ◦ increasing education for healthy life- during annual enrollment periods; styles, nutrition, physical activity, and ◦ exchanges at state/federal levels to other key disease prevention programs increase competition among health for the public; plans; ◦ increasing discussions on terminal ill- ◦ focus on primary care training of physi- ness and end of life care decisions; and cians; and ◦ decreasing admissions to hospitals and ◦ ensuring hospitals address racial and increasing community and home care. ethnic health equity with community • Develop policies to increase healthcare assessments and programs to improve coverage for immigrants. the health of their target population. • Utilize fully the U.S. Citizenship and • Develop policies that improve the Immigration Services’ (USCIS) Systematic affordability of healthcare services, by: Alien Verification for Entitlements (SAVE) ◦ supporting the individual mandate for system in Healthcare.gov, to address health insurance; instances where submission of additional ◦ supporting health insurance tax credits proof of status is required. for individuals and small businesses; • Ensure that lawfully present immigrants ◦ supporting subsidies for high-risk pa- with incomes below the poverty line tients for health plans; are correctly determined eligible for ◦ supporting cost-saving reductions for subsidies without requiring them to obtain health plans’ low-income clients; a Medicaid denial separate from their ◦ developing legislation that addresses Marketplace application. surprise medical bills;

99 2020-2024 HISPANIC PUBLIC POLICY AGENDA

MEDICARE AND MEDICAID

Under Medicare, seniors receive preventive 2014 nationwide survey of LGBTQ people with services with no cost-sharing, annual wellness incomes less than 400 percent of the Federal visits with personalized prevention plans and Poverty Guidelines, 61 percent of all respondents help with their prescription drug costs. States are had incomes in the Medicaid expansion range — encouraged to expand their Medicaid programs including 67 percent of Latino respondents.108 because it would increase access to affordable Medicaid expansion is instrumental in reducing health coverage for low-income Americans and the uninsured rates of Latinos. Since many of the help individuals better manage their chronic states that have not expanded Medicaid have conditions. Congress should equip Medicare high Hispanic populations, the lack of Medicaid for the economic and healthcare challenges expansion is disproportionately impacting the facing elderly Hispanics and all seniors by Latino community. In Texas and Florida alone, enacting a catastrophic out-of-pocket limit; more than one million otherwise eligible Latinos counting all hospital observation days toward are shut out from life-saving coverage.109 meeting eligibility for skilled nursing facility benefits; covering vision, dental and hearing services; developing a paid caregiver workforce, and addressing underlying costs, particularly skyrocketing drug prices.

Medicaid is a critical source of healthcare coverage for Latinos living in the United States. Thirty-two percent of non-elderly Hispanics (over 17.3 million individuals) in the United States rely on Medicaid for coverage.106 Additionally, nearly half of the 3.4 million Puerto Ricans living in the U.S. territory have insurance coverage through Medicaid.107 Additionally, many LGBTQ Latinos rely on Medicaid for health coverage, especially among transgender individuals. In a

100 2020-2024 HISPANIC PUBLIC POLICY AGENDA

POLICY RECOMMENDATIONS

• Support efforts by insurers and providers and Families Act which would restore to target the specific linguistic, cultural, eligibility for Medicaid and CHIP to eligible and social and environmental needs of immigrants who are lawfully present and Hispanics to achieve greater equity in are subject to the current five-year waiting access to and utilization of care and to period. build on lessons learned from successful • Implement and protect Medicaid strategies in Medicaid, given the program’s expansion to those living at 138 percent long-standing experience serving a diverse of the federal poverty line without population. harmful and illegal provisions like work • Oppose proposals to cut Medicare benefits, requirements. to repeal the Affordable Care Act, and • Maintain the integrity of the Medicaid to reduce federal funding of Medicaid, program by opposing any block grants or particularly since these actions would per capita caps in Medicaid or altering the disproportionately impact communities of financial structure of Medicaid. color, including Hispanic Americans. • Implement a permanent and • Support State policies to develop comprehensive fix for Medicaid for Puerto healthcare for all programs, including Rico with increased funding that covers immigrants, that will serve as experiments eligible individuals at 138 percent of the and lessons learned for a future nationwide federal poverty level and coverage of all effort. health services guaranteed by Medicaid. • Support Medicaid as an entitlement that • Support the new social determinants of guarantees a certain level of benefits. health benefits for Medicare Advantage • Reject attempts to make Medicaid into beneficiaries including transportation a block grant program, which would cap to healthcare related trips, meal delivery funding and result in decreased access to for chronic disease patients, and housing healthcare in vulnerable populations.110 retrofitting for disabled or patients with • Support Health Equity and Access under asthma (air conditioning, pest control). the Law (HEAL) for Immigrant Women

101 2020-2024 HISPANIC PUBLIC POLICY AGENDA

PREVENTION FOCUS OF HEALTHCARE

Latinas continue to face obstacles including Despite the gains from the Affordable Care cultural and linguistic differences, as well as Act (ACA), Latinos remain the most uninsured restrictions based on age, economic status, racial and ethnic group.111 Latinos are the immigration status, and geographic location most uninsured population in the United which may prohibit many Latinas from States and the ACA has been instrumental obtaining comprehensive quality reproductive in reducing these high numbers. Policies to healthcare and making the best decisions for decrease health disparities for the whole Latino themselves. Specifically, Latino communities population are essential for individuals to suffer from disproportionately high rates of access the care they need to lead healthy lives. preventable diseases and treatable conditions.

POLICY RECOMMENDATIONS

• Encourage the participation of children • Enact policies and training to properly and their families in programs to increase screen patients for domestic violence, healthy nutrition and physical activity. dating violence, and sexual assault and • Ensure Hispanic youth receive the HPV to make appropriate referrals for services vaccination. and support. • Ensure all Latinos have access to the full • Enact policies that provide LGBTQ Latinos range of comprehensive reproductive coverage and access to care that is healthcare. culturally relevant and protected from • Promote child care and other policies that discrimination. allow young parents and families to thrive, • Enact programs and benefits that address especially mothers. the needs of the aging population, including Hispanic elders.

SMOKING AND VAPING

Hispanic adults have a lower prevalence of compared to 15.0 percent of Whites, 14.6 percent cigarette smoking and other tobacco use of African Americans, 22.6 percent of American compared to other racial and ethnic groups. Indian/Alaska Natives, and 7.1 percent of Asian However, prevalence varies among subgroups. Americans.113 Hispanic adults born in the United States are more likely to smoke than those who were In 2018, 7.2 percent of Hispanic high school foreign-born.112 Nearly 10 percent of Hispanic students were current smokers. Current adults in the United States are current smokers, smoking rates for Hispanic high school students

102 2020-2024 HISPANIC PUBLIC POLICY AGENDA

are higher than the smoking rates of African percent) but a higher rate than Black students American students (3.2 percent) but lower than (7.5 percent). Middle school Hispanic students the rates of White students (9.9 percent). In 2018, have a higher rate of using e-cigarettes (6.6 the overall current smoking rate for high school percent) as compared to White (4.9 percent) and students was 8.1 percent. E-cigarettes are the Black (3.0 percent) students. Overall, 21.7 percent most commonly used tobacco product among of Hispanic high school students and 9.5 percent Hispanic high school students (14.8 percent), of Hispanic middle school students are current which is a lower rate than White students (26.8 users of any tobacco product.114

POLICY RECOMMENDATIONS

• Develop and mandate programs about the • Use social media to reinforce interventions harmful effects of smoking and vaping for to keep the Hispanic population informed schools and community organizations that about the negative health consequences target Hispanic students and their parents. of vaping. • Support the implementation and funding • Disseminate culturally responsible and of programs focused on Hispanic middle bilingual messages that discuss the health and high school students. effects of vaping.

CHILDREN’S HEALTH

Hispanic children have the highest prevalence of obesity at 25.8 percent compared to non-Hispanic Whites (14.1 percent), African Americans (22 percent), and Asian American (11 percent) children.115 Prevention and early intervention programs must be targeted to Hispanic families to avoid the chronic health effects of obesity in our society. NHLA encourages parents and siblings, who are role models for children in their families, to participate in programs to increase healthy nutrition, physical activity, and reduce sedentary lifestyles.

103 2020-2024 HISPANIC PUBLIC POLICY AGENDA

POLICY RECOMMENDATIONS

SCHOOLS MEDIA • Develop and mandate programs for • Increase information in Hispanic media public school teachers to instruct both on obesity and strategies to decrease it. Hispanic children and parents about • Utilize social media to reinforce the importance of physical activity, interventions to keep communities proper nutrition, and to consider health informed. insurance options. • Disseminate culturally sensitive and • Support implementing and maintaining bilingual messages at an appropriate level funding for nutritious school lunches of literacy that discuss the health effects and after-school programs focused on of obesity and promote awareness about Hispanic diets. health insurance. • Ban multimedia advertising of unhealthy COMMUNITIES food and sugar-sweetened beverages • Develop education programs around specifically targeted to children. healthy weight. • Create culturally tailored interventions HEALTH SYSTEMS including health insurance enrollment at • Promote empowerment and Hispanic fiestas, health fairs, and churches. patient self-management through • Increase Hispanic children’s access to teaching, training, and partnering breastfeeding, quality foods, and water with patient-centered medical homes, or low-calorie and non-sugary beverages especially to increase discussions and within limited budgets. focus on bullying and wellness for children who are overweight. • Reimburse providers for quality measures and medical home financing, targeted Hispanic family health education, counseling about consumption and chronic disease, and physical activity. • Support the implementation of financial and food literacy resources to the Special Supplemental Nutrition Programs for Women, Infants, and Children, and the SNAP Program.

104 2020-2024 HISPANIC PUBLIC POLICY AGENDA

HPV AND HISPANIC YOUTH Despite increases, coverage estimates for the Among a study of Latina mothers of South human papillomavirus (HPV) vaccine remained American and Caribbean descent living in the low in 2014 and continue to lag behind rates United States, only 55 percent had previously for the Tdap and quadrivalent meningococcal heard of the HPV vaccine and only 14 percent conjugate vaccines. Although the number of reported completing the multi-dose series adolescents up-to-date on HPV vaccinations of the vaccine.118 NHLA is concerned with increased by 5 percent between 2016 and 2017, this statistic because, for every 100,000 51 percent of adolescents have not completed women living in the United States, about nine the HPV vaccine series.116 Hispanic women are diagnosed with cervical cancer, compared to only seven non-Hispanic A persistent gap in coverage between women.119 HPV vaccination and other vaccinations recommended for adolescents is a sign of missed opportunities to protect adolescents from cancers caused by HPV infections. Hispanic women have the highest rates of cervical cancer in the United States.117

POLICY RECOMMENDATIONS

• Develop and support programs for • Increase information on the Hispanic community health centers, clinics, and media about HPV and the vaccine. nonprofit organizations to instruct • Continue funding of immunization Hispanic women and parents about HPV programs that cover uninsured and and the importance of completing the underinsured patients, such as Vaccines multi-dose vaccine series. for Children (VFC) and Section 317 of the Public Health Service Act.

ENVIRONMENTAL HEALTH Environmental health is very important to pollution caused by non-Hispanic White our communities because most Hispanics Americans; Hispanics experience 63 percent live in areas that have air pollution from more air pollution than non-Hispanic White carbon plants, automobile and truck exhaust, Americans.120 There is a clear racial gap lead, mercury and other chemicals in water between who causes air pollution and who systems, pesticides, and household products. suffers the consequences from it. Climate change, water and sanitation, and air pollution negatively affect a variety of people Asthma, a chronic disease, is a prevalent health across the United States, primarily minority issue among the Hispanic community. With groups. Black and Hispanic Americans Hispanics experiencing higher rates of air bear a disproportionate burden from air pollution in comparison to non-Hispanic White

(CONT. ON NEXT PAGE)

105 2020-2024 HISPANIC PUBLIC POLICY AGENDA

Americans, it is no surprise that Hispanics are also twice as likely to die from asthma are twice as likely as non-Hispanic White compared to non-Hispanic Whites.121 This Americans to visit the emergency room due to disparity must be addressed. asthma-related symptoms. Hispanic children

POLICY RECOMMENDATIONS

• Address the inequities in pollution-related health issues that primarily affect the Latino population in the United States. • Fund research to study the difference in air pollution-related diseases amongst racial groups. • Educate members of Hispanic communities affected by various environmental health issues about the general health effects related to specific diseases caused by each of the environmental health issues. Members of the Hispanic population should be informed in both English and Spanish. • Require industries causing pollution to disclose the environmental impacts to the members of the community affected.

OPIOIDS

Non-medical use of prescription drugs has associated with increased English language increased throughout the United States, proficiency and the length of time living in the with little attention regarding its prevalence United States.122 For non-Hispanics, each year among racial and ethnic groups. As the opioid lived in the U.S. is linked to an increase of 6 epidemic is reaching a national public health percent in prescription opioid misuse.123 emergency, the U.S. is now shifting its focus onto the usage of prescription narcotics by The use of in-home monitoring devices to alert non-White groups. caregivers and patients of low oxygen saturation can help prevent some of these needless deaths, First-generation U.S. Hispanic adults had a as well as any respiratory conditions such as prevalence of prescription opioid misuse of COVID-19. Advances in technology have made 1.6 percent, compared to 4.1 percent for the in-home monitoring devices like these accessible second generation, and 6.8 percent for the and much more affordable than a hospital stay third. This increase in generational use is for health insurance companies and patients.

106 2020-2024 HISPANIC PUBLIC POLICY AGENDA

POLICY RECOMMENDATIONS

• Eliminate racial inequity involving • Develop more campaigns and prescription medicine, including: physician advertisements to alert the Hispanic bias, media portrayal of opioid abuse, and population of the detrimental government regulation. consequences of drug abuse, alternative • Create and fund an outreach program to pain treatments, and how to deal with racial and ethnic minorities with mental situations such as peer pressure. illness and other diseases, as these groups • Require healthcare coverage of in-home tend to misuse opioids. electronic monitoring for COVID-19 patients • Educate adolescents about the and those who have been prescribed opioids consequences of substance abuse, because or who are being treated for a suspected opioid misuse often starts with children opioid overdose. who further develop worsening habits leading to years of opioid addiction.

WOMEN’S HEALTH

Policies should not politically interfere with a disproportionately high rates of unintended Latina’s ability to make or exercise the deeply pregnancy.125 Most Latina and Latino voters personal decisions related to reproductive (86 percent) consider birth control part of health, dignity, and autonomy. Anti-immigrant preventive healthcare for women.126 However, policies have instilled fear among immigrant Latinas face several challenges in consistently communities and have hindered the ability accessing contraception that is affordable and of individuals, including Latinas, to access available, including barriers such as cost, lack reproductive healthcare safely and with dignity. of transportation, and insufficient culturally Attempts to undermine the contraceptive and linguistically competent health systems coverage benefit in the Affordable Care Act and providers. create obstacles that Latinas must navigate to get the care and coverage they need. Additionally, attacks on the Title X program harm Latinas and LGBTQ Latinos who may have no other place to go for care. The final Title X rule, referred to often as the domestic gag rule, released by the Trump-Pence Administration threatens the ability of Title X providers to keep their doors open, and in turn, jeopardizes the ability of many Latinas to access contraception and life-saving care.

Latinas are diagnosed with cervical cancer, a disease that is almost entirely preventable, at higher rates than any other racial or ethnic group.124 Latinas also experience

107 2020-2024 HISPANIC PUBLIC POLICY AGENDA

POLICY RECOMMENDATIONS

• Support access to a full range of age, gender identity, sexual orientation, comprehensive reproductive healthcare immigration status, disability, and other because the decision to become a parent factors that are barriers to healthcare. or to terminate a pregnancy, without • Provide increased funding for the Teen barriers related to cost or immigration Pregnancy Prevention Initiative (TPPI) and status, will only be possible with access to language that protects the integrity of the a full range of comprehensive reproductive program and ensure it is administered healthcare. according to Congressional intent. • Restore the Title X program through • Provide increased funding for the Division protective appropriations language or of Adolescent and School Health (DASH). administrative repeal of the unethical • Remove all language in annual and unlawful domestic gag rule. When appropriations legislation that restricts providing a full range of evidence-based coverage for, or the provision of, abortion and medically informed care to patients, care in public health insurance programs, Title X-funded health centers are a lifeline including repeal of the Hyde Amendment, for quality healthcare for Latinos living with and all policies that restrict funding for low-incomes. abortion care and coverage. • Enact the Health Equity and Accountability • Support proactive legislation that aims Act, which seeks to eliminate health to ensure reproductive health by working disparities for communities of color to remove barriers to abortion access and and subpopulations that face widened coverage. disparities due to primary language, sex,

YOUNG PARENTS

Young parents, like all parents, deserve inequities in workplaces, educational settings, respect for their decisions and the opportunity and healthcare access and services. Young for their families to thrive. Unfortunately, Latina parents are more likely to be homeless expectant and parenting youth are often or lack access to affordable childcare. In the shamed and stigmatized while they try to workplace, expectant and parenting youth are make decisions that are best for themselves over-represented in low-wage jobs where they and their families. Cultural and political may be more likely to experience pregnancy responses to young parenthood, particularly discrimination. Latinas make up 15 percent young motherhood within communities of of women in the workforce but comprise color, criticize individual behaviors rather 24 percent of women in the low-wage than provide solutions for the challenges that workforce.127 expectant and parenting youth experience. Young Latinos who decide to parent often face While pregnancy and birth rates among youth numerous issues including discrimination and have been declining for decades, Latina youth

108 2020-2024 HISPANIC PUBLIC POLICY AGENDA

continue to experience higher incidences 18 live in poverty, compared to 1 in 6 of the of pregnancy and birth than their White overall U.S. population, creating a financial peers. Latinas have the highest incidence barrier that makes it difficult to obtain needed of unintended pregnancy due to economic reproductive health services.129 barriers and lack of health insurance, and limited access to birth control pills, condoms, emergency contraception, and comprehensive sex education. In 2017, Hispanic women and girls ages 15-19 had a higher birth rate (28.9 births per 1,000) than Black women and girls (27.6) and White women and girls (13.4).128 Moreover, 1 in 4 of Latinos under the age of

LGBTQ HEALTH

Lesbian, gay, bisexual, transgender, and queer they receive poor quality of care due to stigma, (LGBTQ) Hispanics face many health inequities lack of healthcare providers’ awareness, and due to discriminatory practices by providers, insensitivity to their needs. Few healthcare insurers, and other systemic barriers. LGBTQ providers are trained in the health concerns of people are more likely to live in poverty. LGBTQ people. For the LGBTQ population, this Poverty is a social determinant of health means fewer providers who are linguistically and leads to an increased risk of a variety and culturally competent regarding medical of health issues, such as diabetes, cancer, issues. Additionally, Hispanic gay, bisexual, and mental health, and other chronic conditions. other men who have sex with men are heavily LGBTQ people living in poverty face barriers affected by HIV. HIV diagnoses among gay and accessing healthcare, which includes stigma, bisexual Latino men from 2010-2016 increased discrimination, lack of money, harassment, by 18 percent while rates stabilized for many and mistreatment.130 Although the ability other populations.133 In 2017, 20 percent of to purchase health insurance is available, the 38,739 new HIV diagnoses were from the one in five LGBTQ persons continues to be Hispanic community.134 uninsured.131

About 267,000 undocumented LGBTQ people live in the United States who are unable to purchase private health insurance from the market or apply for Medicaid and CHIP.132 The LGBTQ youth are at a higher risk for substance abuse, sexually transmitted diseases, cardiovascular diseases, obesity, anxiety, depression, and suicide. However,

109 2020-2024 HISPANIC PUBLIC POLICY AGENDA

POLICY RECOMMENDATIONS

• Support policies that provide LGBTQ Latinos • Support the CDC’s creation of new, coverage and access to gender-affirming care additional targeted funding opportunities that is culturally competent. Oppose policies for community-based organizations (CBOs) that permit discriminatory healthcare policies that take into account the dramatic increase affecting this community. of new HIV cases among Latino gay and • Ensure that Ryan White Part D (Services bisexual men. for Women, Infants, Children, Youth & Their • Upgrade HIV treatment and prevention Families) is fully funded and remains a services in Puerto Rico to the level achieved distinct part of Ryan White and includes across the mainland, while ensuring coverage of obstetric and gynecological representation and leadership from within services, which is particularly critical for the Puerto Rico. immigrant community. • Ensure that HHS funds HIV-related stigma • Increase funding for data collection efforts reduction intervention, health literacy, and and continue to collect adequate data to health systems navigation services, with help close the disparities gap in LGBTQ particular efforts to prioritize Latinos and populations, including communities of immigrants, and expand awareness of and LGBTQ persons of color, LGBTQ immigrants, access to PrEP. transgender Latinos, and other LGBTQ • Reject proposed changes to the “public populations. charge” definition that would inhibit • Remove arbitrary transgender-specific immigrants from seeking healthcare, exclusions from all health plans, including including preventative health services, for state Medicaid programs. themselves and their families. • Robustly enforce Section 1557 of the Affordable Care Act as it was intended. Ensure the enforcement and implementation of Section 1557 of the Affordable Care Act, the non-discrimination provision, once regulations are finalized. • Support investments in the CDC to develop innovative interventions by and for LGBTQ Latino and immigrant communities. • Set concrete public health goals and benchmarks to end the U.S. HIV/AIDS epidemic by 2030, by dramatically reducing new cases, optimizing health for all persons with HIV, and ending AIDS deaths.

110 2020-2024 HISPANIC PUBLIC POLICY AGENDA

HEALTHCARE AND PUERTO RICO Approximately 45 percent of Puerto Rico’s standards. Despite paying the same amount residents receive Medicaid and about 25 in Medicare payroll taxes, these programs percent are enrolled in Medicare or Medicare are reimbursed at 60 percent of the rate that Advantage. Even though the poverty identical programs are reimbursed in the rate in Puerto Rico is over twice the rate mainland; this must stop. Puerto Ricans also in Mississippi, the nation’s poorest state, experience a lack of equal treatment through Medicaid expenditures per enrollee in Puerto the imposition of inequitable funding formulas Rico are roughly one quarter less than in for fundamental federal safety-net programs Mississippi. The lower benefits are due to a such as nutritional assistance, healthcare, Federal spending cap, lower Federal matching and others. rates, and different eligibility and benefit

POLICY RECOMMENDATIONS

• Eliminate federal funding healthcare • Ensure the people of Puerto Rico are disparities and make large-scale treated like those in the mainland when it investments to revitalize the infrastructure comes to funding formulas for the federal and operations in hospitals and community safety net, health, and nutrition programs. health centers, and retain medical professionals on the island. • Require Medicare programs in Puerto Rico to be reimbursed at the same rate as programs in the mainland United States.

ELDERLY HEALTH With the aging of our population and households. Many live alone and with the the high costs of healthcare and support chronic stress of poverty. They may also need services, America must support the Medicare special family community care-giving mental Program, including the trend toward patient- health services. Home healthcare programs centered comprehensive coordinated care and institutional programs (nursing homes, and value-based quality care delivery reform. rehab facilities, and senior centers) need to In addition to the growth of the Medicare be improved to include more comprehensive Advantage program and the Medicare Part D programs that can impact health disparities program, NHLA recognizes the importance in cardiovascular disease, cancer, diabetes, of targeting aging care policies that focus Hepatitis C, asthma, Alzheimer’s disease, and on the Latino elderly. Elderly Latinos tend depression in Latino elderly. There is a great to have complex needs, many have multiple need for testing, screening, and education for diseases, are on Medicare and Medicaid (dual these chronic diseases, along with increased eligible), or need language and culturally follow-up, compliance with treatment, and competent services. They are in low-income affordable services.

111 2020-2024 HISPANIC PUBLIC POLICY AGENDA

POLICY RECOMMENDATIONS

• Ensure that programs and benefits approaching the age of eligibility by address the needs of the growing diverse developing an early notification system, aging population, including making them so diverse older adults will be more aware accessible to older adults with low levels of of the options available to them and learn English proficiency and cultural and formal how to navigate U.S. systems. education gaps. • Ensure senior accessibility to SNAP and • Increase awareness of the Centers for other cultural and age-sensitive meal Disease Control and Prevention (CDC) programs, or otherwise provide access Hepatitis C testing recommendation to to good-quality, nutritious food. No one, educate Hispanic elderly and providers. including older adults, should go hungry in • Enforce CLAS (Culturally and Linguistically the U.S. Appropriate Services) Standards. Personnel • Ensure access to paid family leave, must go beyond being simply bilingual allowing families to have long-term care to being linguistically and culturally and services and provide programs that appropriate. support family informal caregivers through • Promote age sensitivity. education, and moral support. • Outreach and education strategies that • Establish a pipeline for Hispanic students seek out older Hispanic adults where they to enter medical fields, with incentives live and gather in a culturally, linguistically, to enter fields that serve the nation’s and age-appropriate manner. older adults, so that healthcare facilities • Bridge the information gaps between can provide healthcare in a culturally, social programs (including Social Security, linguistically, and age-appropriate manner. Medicare, pension programs) and those

RESPOND TO VIOLENCE AS A PUBLIC HEALTH ISSUE Violence is a major public health issue that requires national leadership and consensus on programs, prevention education, research, and policies to reduce it. All forms of violence, including gun violence, domestic violence, sexual violence, and child abuse, among others, harm the physical and mental health of our community members.

112 2020-2024 HISPANIC PUBLIC POLICY AGENDA

GUN VIOLENCE Gun violence is an issue that affects the chronic stress. It also leads to anxiety and Latino community, from individuals who mental health issues among the poor and face the ongoing threat of gun violence in Latinos. Exposure to violence increases the their neighborhoods to Latino immigrants likelihood that young people will engage in who have fled gun violence in their countries gun violence. These actions increase the risk of origin. Hispanics are disproportionately of depression, alcohol abuse, suicidal behavior, impacted by firearms violence in the United and psychological problems.140 States. Between 1999 and 2015, about 54,000 Hispanics were killed by guns, which includes There were more than 100 gun-violence 35,553 gun homicide victims and 15,593 gun victims at Pulse nightclub in Orlando on June suicides. Homicide is the second leading cause 12, 2016, during the LGBTQ establishment’s of death for Hispanics ages 15 to 24. More than Latino-themed night. Of the 49 people two-thirds of Hispanic murder victims were murdered at Pulse, nearly half of the killed with guns.135 Most often police-related victims were Puerto Rican, while the other deaths have been highest in neighborhoods in half were Cuban, Dominican, Ecuadorian, low-income residencies and residents of color. Mexican, Salvadoran, Venezuelan, and from Moreover, women in the United States are 21 other Latino communities. Almost all were times more likely to be murdered by a gun members of the LGBTQ community. Some than women in other high-income countries.136 were undocumented. Over half were under More than half of all murders of America’s 30, with the youngest victim being just 18 women are committed with a gun and abused years old. On August 3, 2019, another a mass women are five times more likely to be killed shooting occurred at a Walmart store in El if the abuser has access to a firearm.137 More Paso, Texas, killing 22 people and injuring 26 than two-thirds of spouse and ex-spouse others; the Justice Department called the homicide victims between 1980 and 2008 shooting an act of domestic terrorism and the were killed with firearms.138 In 2013, a gun alleged perpetrators were charged with hate was the most commonly used weapon in the crimes. These and other incidents have caused a murder of a woman by a man.139 Additionally, particular fear of gun violence among Hispanics. gun violence exposure among youth causes

POLICY RECOMMENDATIONS

• Create policies and programs that identify • Prohibit access to firearms to persons and provide treatment for all people convicted of stalking or violent crime, those diagnosed with a mental illness. subjected to a restraining order, and those • Increase the number of mental health service otherwise adjudicated to be a danger to providers and services in the United States. themselves or others. • Implement programs to improve prevention • Support universal background checks and education and safety in schools, and increase ban assault weapons and bump stocks. community engagement programs to aid in • Reduce the presence of guns, police, and reducing the potential risk factors of exposure police firearms in public schools. to violence.

113 2020-2024 HISPANIC PUBLIC POLICY AGENDA

DOMESTIC VIOLENCE AND SEXUAL ASSAULT

The Centers for Disease Control and Prevention treated disrespectfully in the healthcare (CDC) estimate that one in five women and setting, which may affect their approach to one in seven men have experienced domestic and utilization of health services. Providers violence from a partner.141 In the No MAS also enter healthcare encounters with cultural study, 56 percent of Latinas and Latinos experiences and perspectives that may differ reported knowing a victim of domestic from those of the victim. Because domestic violence.142 Domestic violence often includes violence often begins during adolescence, it economic or financial abuse and sexual or is important to educate young people about reproductive coercion and it can occur with the prevention of domestic violence, dating other forms of abuse. One study of 2,000 violence, and sexual assault.144 Latinas found that 63.1 percent of women who identified being victimized in their lifetime (i.e., interpersonal victimization such as stalking, physical assaults, weapon assaults, physical assaults in childhood, threats, sexual assault, attempted sexual assault) reported having experienced more than one victimization, with an average of 2.56 incidents.143 Domestic violence and sexual assault are associated with an array of short-term and long-term health consequences. Providing culturally relevant care is critical when working with victims of domestic violence. Women who are members of racial and ethnic minority groups are more likely to experience difficulties communicating with their doctors and often feel they are

POLICY RECOMMENDATIONS

• Train healthcare providers to understand, violence, including but not limited to gun assess, and respond to the needs of victims violence and domestic violence, and their of all forms of violence, including but families. not limited to domestic violence, dating • Ensure healthcare providers increase violence, and sexual assault. their knowledge of personal bias and • Require healthcare systems to have increase their understanding of multiple language access plans and utilize skilled issues that victims of violence deal interpreters (not family members, with simultaneously, such as language caregivers or children) when helping non- barriers, limited resources, homophobia, English speaking survivors of all forms of acculturation, and racism to provide

114 2020-2024 HISPANIC PUBLIC POLICY AGENDA

accessible and tailored care. ◦ increased resources to develop com- • Ensure healthcare providers connect prehensive and culturally appropriate victims of all forms of violence, including prevention initiatives. but not limited to domestic violence, • Reauthorize the Violence Against Women dating violence, and sexual assault, to Act (VAWA) to improve our nation’s services that help them access safety, response to domestic violence, dating support, and well-being for themselves and violence, sexual assault, stalking, and their children. trafficking with key enhancements, • Reauthorize the Family Violence Prevention including: and Services Act (FVPSA) with key ◦ increased funding for victim services; enhancements, including: ◦ improved access to resources for cul- ◦ increased funding for victim services turally specific organizations; and improved services and support for ◦ protection and expansion of the children exposed to violence; immigration remedies for immigrant ◦ increased resources for culturally and survivors; linguistically specific community-based ◦ expanded provisions to keep fire- organizations to address barriers and arms out of the hands of adjudicated ensure better access to services and abusers of domestic violence, dating support for survivors from racial and violence or stalking; and ethnic minority communities; and ◦ increased investments in prevention and community-based initiatives.

HEALTHCARE WORKFORCE

There is a crisis affecting Latinos in need of innovations pertaining specifically to Latinos go healthcare and behavioral health, as well as widely unnoticed and unaddressed. with the diversity in the healthcare professional Research shows that treating behavioral health workforce in the United States. While Latinos conditions as early as possible, holistically, close represent over 18 percent of the population, to a person’s home and community, and in a Latinos are severely underrepresented in all culturally and linguistically appropriate manner areas of the healthcare professions, including leads to the best health outcomes.146 Lack of leadership, national boards and advisory cultural and linguistically competent behavioral committees, policymaking, or direct services. health specialists and access to those providers The barriers for Latinos in need of behavioral is an impediment to care. Additional barriers healthcare can be attributed to several factors, include poor to no insurance coverage, lack of including disparities in the availability of, access knowledge of available treatments, location of to, and the provision of quality, culturally and services, stigma surrounding mental illness, linguistically competent behavioral health and other cultural barriers that hinder access, services. These barriers can be overcome by utilization and follow-through.147 Providing a larger, more diverse and multidisciplinary health and behavioral healthcare to the Latino 145 bilingual and bicultural workforce. Due to the community at the “point of entry” in the system is workforce shortage, policies, issues and potential the key to wellness.

115 2020-2024 HISPANIC PUBLIC POLICY AGENDA

POLICY RECOMMENDATIONS

• Expand the diversity focus of federal health and health professional students such programs that have supported the growth in as scholarships, three-year medical schools, Hispanic health professionals, such as: and public service (nonprofit employers) ◦ Health Careers Opportunity Program and health equity research loan repayment (HCOP), Centers of Excellence (COE), programs for 10 years with federal loan AHEC, and faculty development pro- payment at the end of that time. grams that have provided for the • Direct STEM students to health professional recruitment and retention of disad- career pathways, through STEM programs vantaged groups of students in health in the U.S. Department of Education, professional schools; the National Science Foundation, EPA, ◦ Including the eligibility of national and National Aeronautics and Space minority health professional associa- Administration (NASA). tions in diversity programs to expand • Increase support for students attending recruitment, mentoring, faculty devel- Hispanic-Serving Institutions who are opment, and increased workforce in interested in being trained for jobs in underserved areas in medical practice the healthcare industry through health and the safety net; and career pathways with mentoring and paid ◦ The National Health Service Corps for internships and linkages to the national scholarships and loan forgiveness for Hispanic health professional associations. providers to work in underserved areas. • Increase research grants for Hispanic Loan repayment for medical faculty health research through special National and researchers on Hispanic health re- Institute on Minority and Health Disparities search. Teaching clinics should exist to (NIMHD) research initiatives and activities increase training of medical residents in collaborations that link to the Hispanic in graduate medical education (GME) community, Hispanic health professional and with the Veterans Administration associations, Hispanic researchers, and health to learn about Hispanic communities research institutions and programs. and health issues. Inter-professional • Build a mentoring network of senior and integrated care programs need to and junior faculty who learn to conduct increase the participation of Hispanic prevention research, health services research, healthcare and behavioral healthcare and population research about Hispanics to professionals. provide new knowledge for interventions that • Encourage public-private partnerships, improve healthcare for our communities. especially for paid internships, to provide • Create leadership development programs for experience, and for mentoring and Hispanic physicians and other providers to counseling programs from science or medical be prepared for trustee boards and executive school staff and faculty, as well as from alumni positions throughout corporate and nonprofit and minority medical and health professional healthcare organizations, as well as in the associations. federal and state governments. • Implement debt reduction strategies for pre-

116 2020-2024 HISPANIC PUBLIC POLICY AGENDA

GRADUATE MEDICAL EDUCATION (GME)

Through graduate medical education (GME), Residents provide quality long-term based care, medical school graduates can continue to find cures through clinical training at teaching pursue their advanced training through hospitals, and are innovators in the future of residency programs. GME mobilizes medical medicine.151 Since 2010, the Latino physician and surgical residents to become more globally rate per 100,000 Latinos has declined to 105 – a aware of healthcare disparities and to become 22 percent reduction among Latinos – whereas culturally competent healthcare leaders. The the rate of non-Hispanic White physicians has three-to-nine-year residency programs prepare risen to 315.152 The Latino physician shortage has and train residents in their specialization by been due to U.S. medical schools admitting and focusing on patient care and needs. By 2025, graduating minimal numbers of Latino medical the United States will experience an estimated students which is due to the small numbers shortage of 90,000 physicians.148 The U.S. of college students who are prepared to apply federal government provides large sums of to medical schools. Latino resident physicians funding toward postgraduate physician training. are highly underrepresented in the healthcare In 2015, $16.3 billion from federal agencies and workforce, whereas the Latino population is state Medicaid was spent to fund residency estimated to reach 111.2 million by 2060.153 GME training.149 GME payments are created through affects the Latino medical school graduate direct graduate medical education payments population and must be continuously funded (DGME) and indirect medical education to support the education and training of future payments (IME).150 As a result of these payment healthcare physicians. Residency programs play methods, the number of residents a hospital a major role in the practice, knowledge, and receives payment for is capped. This funding skills required to be a physician. enables residents to continue practicing hands- on patient care.

POLICY RECOMMENDATIONS

• Expand federal funding for physician residency training. Ensure federal funds are allocated properly to advance the educational mission of the teaching and training of residents and fellows. • Recruit and admit minority students to residency programs. • Ensure residency students undergo • Establish partnerships with organizations training that addresses healthcare to promote the Hispanic population growth disparities and cultural competence in medicine and healthcare fields through among minority populations, in pipeline programs. Increase residencies collaboration with minority health and access to licensure for International professional associations. Medical Graduates (IMG) and Deferred • Expand primary care GME positions in the Action for Child Arrivals (DACA) students. U.S. to expand care in our communities.

117 2020-2024 HISPANIC PUBLIC POLICY AGENDA

COVID-19 The novel coronavirus disease (COVID-19) conditions. Cloth face coverings are especially is thought to be a virus that is transmitted important when it is difficult to stay at least through aerosol droplets from person to 6 feet apart from others or when people are person. In order to protect oneself from indoors, to help protect each other. transmission, one should wash their hands and use sanitizer with 60% alcohol regularly, avoid According to the CDC, Latinos have had the touching their face, stand 6 feet apart from highest levels of cases across the nation, at least other persons and stay away from others who 2 times that of non-Hispanic Whites, due to a do not live in their household. Also, one must number of challenges: working in the service watch for symptoms such as fever, fatigue, industry, being essential workers, working cough, and shortness of breath. The greatest as farmworkers or in the food industry, and risk for severe illness from COVID-19 is among living in overcrowded housing. Latinos also those aged 85 or older. There are also other face poverty, limited access to education, lack factors that can increase your risk for severe of nutritious food, healthcare insurance and illness, such as having underlying medical services, and lack of transportation.

POLICY RECOMMENDATIONS

• Ensure COVID-19 treatment, testing, and • Expand economic security measures for vaccines are affordable for all people within families, including those with undocumented the United States. immigrant family members, including • Develop the infrastructure within the public paid family and sick leave, unemployment health system to support education, testing compensation, healthcare access, cash and treatment to Latinos with partnerships assistance, child care programs, educational with national and regional organizations, opportunities, nutrition programs, and including medical education with public premium pay for workers in essential sectors. health skills, public health departments • Reform immigration policy to expedite with physician linkages to increase the citizenship, end the Trump Administration’s efficient protocols for decreasing COVID-19 public charge rules, and reform detention transmission among the Latino communities. centers. • Create a Hispanic healthcare initiative that • Research to develop targeted community- includes developing medical education, based and healthcare intervention, to research, community outreach, education, develop mitigation services on differences and financing testing, treatment, and of healthcare services utilization and vaccines. health outcomes, to understand the social • Create and enforce strong occupational safety determinants of health and racial/ethnic standards to prevent and respond to job- discrimination, and to understand the related exposure to COVID-19, and provide outcomes of COVID-19. support to businesses for implementation.

118 ENDNOTES

ENDNOTES

1 Camille Busette & Richard Reeves, The owned-businesses-shinging-light- Middle Class In Becoming Race-Plural, national-trends.pdf. 18 Juan Cartagena & Joanna Cuevas Just Like The Rest Of America, Brookings Ingram, Pregnancy Discrimination, Institution (Feb. 27, 2018) Https://Www. 11 Mitra Toossi, Projections of the labor Immigrant Women and Low-Wage brookings.edu/Blog/Social-Mobility- force to 2050: a visual essay, Bureau of Work, Huffington Post (Jun. 9, 2015) Memos/2018/02/27/The-Middle-Class-Is- Labor Statistics (Oct. 2012) http://www. http://www.huffingtonpost.com/ Becoming-Race-Plural-Just-Like-The- bls.gov/opub/mlr/2012/10/art1full.pdf. natasha-lycia-ora-bannan/pregnancy- Rest-Of-America/. discrimination-immigrant-women-and- 12 U.S. Employers Add 130,000 Jobs in low-wage-work_b_7032834.html. 2 The Economic State of the Latino August, September 2019, UnidosUS Community in America, Joint Economic (Sept. 2019) http://publications.unidosus. 19 Latinas and the Wage Gap, National Committee (Oct. 7, 2019) https://www.jec. org/bitstream/handle/123456789/1980/ Partnership for Women & Families (Dec. senate.gov/public/_cache/files/e29bcc95- unidosus_latinojobsreport_9619.pdf. 2015) (Latinas earn just 56 cents for every 2e50-4661-a451-447e2dffe21f/economic- dollar paid to White men) http://www. state-of-the-latino-community-in- 13 Id. nationalpartnership.org/research-library/ america-final.pdf. workplace-fairness/fair-pay/latinas-wage- 14 Fatal work injuries to Hispanic or Latino gap.pdf. 3 Claire Kramer Mills et al., Latino-Owned workers, Bureau of Labor Statistics (2018) Businesses: Shining a Light on National https://www.bls.gov/charts/census-of- 20 Laura Sullivan et al., Not Only Unequal Trends, Stanford (Nov. 13, 2018) https:// fatal-occupational-injuries/fatal-work- Paychecks: Occupational Segregation, www.gsb.stanford.edu/faculty-research/ injuries-to-hispanic-or-latino-workers. Benefits, and the Racial Wealth Gap, publications/latino-owned-businesses- htm. Institute on Assets & Social Policy (Apr. shining-light-national-trends 2019) (noting that nearly three-quarters 15 Table 4. Fatal occupational injuries of Latino workers are ineligible for or 4 Power of the Purse: How Hispanics counts and rates by selected industries, cannot afford to take unpaid family leave Contribute to the U.S. Economy, New 2017-18, Bureau of Labor Statistics at their jobs) https://heller.brandeis.edu/ American Economy, (Dec. 14, 2017) (noting that fatal injury rates, deaths per iasp/pdfs/racial-wealth-equity/asset- https://research.newamericaneconomy. 100,000 full-time equivalent workers integration/occupational_segregation_ org/report/power-of-the-purse-how- (FTEs) in 2017 were 3.5 nationally and report_40219.pdf. Additionally, Latinas hispanics-contribute-to-the-u-s- 20.9 in crop production) https://www.bls. often hold dual roles as primary economy/. gov/news.release/cfoi.t04.htm. caregivers and breadwinners, but Latina mothers are more likely to report being 5 Id. 16 It is also not uncommon for a woman let go by an employer or quitting their in this sector to be paid on her jobs after giving birth. 6 The Economic State of the Latino husband’s paycheck, which deprives Community in America, Joint Economic her of minimum wage and makes 21 Labor Statistics from the Current Committee (Oct. 7, 2019) https://www.jec. her ineligible for certain benefits. This Population Survey: Household Data senate.gov/public/_cache/files/e29bcc95- practice makes a woman largely invisible Annual Averages: Employed persons by 2e50-4661-a451-447e2dffe21f/economic- and limits her financial freedom, making detailed industry, sex, race, and Hispanic state-of-the-latino-community-in- her vulnerable to being controlled by her or Latino ethnicity, Bureau of Labor america-final.pdf. husband or other male relatives. Statistics (Feb. 12, 2015) http://www.bls. gov/cps/cpsaat18.htm; David Weil, The 7 Id. 17 According to data from the Bureau Fissured Workplace: How Work Became of Labor Statistics, unionized Latino So Bad for So Many and What Can be 8 Id. workers earn, on average, $5.60 more per Done to Improve It (Harvard University hour than non-unionized Latino workers, Press, 2014). Nationally, Latinos make up 9 United States Demographics of Low- translating to $11,544 in increased one-third of construction workers, over Income Children, National Center for annual earnings. Unionized Latino three-quarters of all agricultural workers, Children in Poverty (2018). http://www. workers are also more likely to have and one-fifth of service-industry workers, nccp.org/profiles/US_profile_6.html. employer-provided health insurance where subcontracting arrangements and a pension plan. In addition to pay and related workplace abuses are 10 Claire Kramer Mills et al., Latino-Owned and benefits, trade union membership common. Labor Statistics from the Businesses: Shining a Light on National better protects workers from wage theft Current Population Survey: Household Trends, Stanford (Nov. 13, 2018) https:// and exploitation based on immigration Data Annual Averages: Employed www.gsb.stanford.edu/sites/gsb/files/ status and narrows the gender pay gap persons by detailed industry, sex, race, publication-pdf/slei-report-2018-latino- for Latina workers. and Hispanic or Latino ethnicity, Bureau

119 ENDNOTES

ENDNOTES

of Labor Statistics (Feb. 12, 2015) http:// Iris Figueroa, The Neighbors Who Feed pdf. www.bls.gov/cps/cpsaat18.htm. Us:Farmworkers and Government Policy — Challenges and Solutions, 13 Harvard 35 Anthony Cilluffo et al., More U.S. 22 Ben Zipperer, Gradually Raising the Law and Policy Review 157, 172-73 (2018) Households are Renting than at Minimum Wage to $15 Would be Good https://harvardlpr.com/wp-content/ Any Point in 50 Years (July 19, 2017) for Workers, Good for Businesses, and uploads/sites/20/2019/02/20180513-1_ https://www.pewresearch.org/fact- Good for the Economy, Economic Policy GuildFigueroa.pdf. tank/2017/07/19/more-u-s-households- Institute (Feb. 7, 2019) https://www. are-renting-than-at-any-point-in-50- epi.org/publication/minimum-wage- 29 Latino Banking in 2017: A Snapshot years/. testimony-feb-2019/. of the FDIC National Survey of Unbanked and Underbanked 36 Roughly 55 percent of Latino households 23 Id. Households, UnidosUS (Dec. 2018) spend more than one-third of their http://publications.unidosus.org/ income on rent, compared to 47 24 Chuck Marr et al., Strengthening the bitstream/handle/123456789/1910/ percent of White households. American EITC for Childless Workers Would LatinoBankingin2017.pdf. Community Survey, 1-Year Estimates Promote Work and Reduce Poverty, 2017, Table S02011: Gross Rent as a CBPP (Apr. 11, 2016) https://www.cbpp. 30 Rakesh Kochhar & Richard Fry, Wealth Percentage of Household Income in the org/research/federal-tax/strengthening- inequality has widened along racial, Past 12 Months, Census Bureau. the-eitc-for-childless-workers-would- ethnic lines since end of Great Recession, promote-work-and-reduce. Pew Research (Dec. 2014) http://www. 37 Bank branches remain extremely pewresearch.org/fact-tank/2014/12/12/ important in providing access to 25 Calculations by UnidosUS. See also racial-wealth-gaps-great-recession/; The financial services and credit to LMI J. Scott Moody and Scott Hodge, The Reproductive Health of Migrant and communities and communities of Growing Class of Americans Who Pay No Seasonal Farm Worker Women, National color; in 2017, over 71 percent of Latinos Federal Income Taxes, Tax Foundation Latina Institute for Reproductive Health visited a bank branch, over a quarter of (Apr. 14, 2004) https://taxfoundation.org/ (Dec. 2005) (noting that “exposure which visited a branch at least ten times growing-class-americans-who-pay-no- to toxic chemicals leads to infertility, throughout the year. Full-service bank federal-income-taxes/. miscarriage, low birth weight, fetal branches are also the most common malformation, and retarded fetal way households access their finances. 26 For Hispanics, SPM increase poverty growth”) https://latinainstitute.org/sites/ rates from the OPM’s 17.6% to 20.3% default/files/MgrntFrmwkrs-4.pdf. 38 Monica Anderson, Mobile Technology precisely because Hispanics are and Home Broadband 2019, Pew overrepresented in high-cost areas. See 31 Catherine Singley Harvey, Enhancing Research (June 13, 2019) (noting that Percentage of People in Poverty by Di­ Latino Retirement Readiness in 79% of Whites have broadband at home, fferent Poverty Measures: 2018, Census California, UnidosUS (Apr. 27, 2015) 66% of African Americans, and 61% of Bureau, https://www.census.gov/content/ http://publications.unidosus.org/ Hispanics) dam/Census/library/visualizations/2019/ handle/123456789/1148. https://www.pewresearch.org/ demo/p60-268/figure3.pdf. The Census internet/2019/06/13/mobile-technology- Bureau continues to work on accounting 32 Jennifer Brown & Diane Oakley, and-home-broadband-2019/. for some or all of these disparities in the Latinos’ Retirement Insecurity in SPM. See Potential Improvements to the the United States, UnidosUS (Dec. 3, 39 Table 203.50. Enrollment and percentage Census Bureau’s Supplemental Poverty 2018) http://publications.unidosus.org/ distribution of enrollment in public Measure for 2021, Census Bureau, https:// handle/123456789/1903. elementary and secondary schools, by www.census.gov/topics/income-poverty/ race/ethnicity and region: Selected years, supplemental-poverty-measure/library/ 33 Quarterly Residential Vacancies and fall 1995 through fall 2025, Education working-papers/topics/potential- Homeownership, Third Quarter 2018, Department, https://nces.ed.gov/ changes.html Census Bureau (July 25, 2019) (noting programs/digest/d17/tables/dt17_203.50. that the national rate of homeownership asp. 27 A Roadmap to Reducing Child Poverty, is 64 percent, but the Latino rate is National Academies of Sciences (2019) 46 percent) https://www.census.gov/ 40 Hate at School, Southern Poverty https://doi.org/10.17226/25246. housing/hvs/files/currenthvspress.pdf. Law Center (May 2, 2019) https://www. splcenter.org/20190502/hate-school; 28 Hector Sanchez et al., Trabajadoras: 34 Data Point: 2017 Mortgage Market Hate in Schools, Education Week (Aug Challenges and Conditions of Latina Activity and Trends, CFPB (May 2018) 6, 2018) https://www.edweek.org/ew/ Workers in the United States, LCLAA https://www.consumerfinance.gov/ projects/hate-in-schools.html. (2012) http://www.lclaa.org/images/pdf/ documents/6490/bcfp_hmda_2017- Trabajadoras_Report.pdf; Alexis Guild & mortgage-market-activity-trends_report. 41 Table 329.30.On-campus hate crimes

120 ENDNOTES

ENDNOTES

at degree-granting postsecondary 48 Table 219.70.Percentage of high school 8 USC § 1440). Available at https://www. institutions, by level and control of dropouts among persons 16 to 24 years uscis.gov/policy-manual/volume-12-part- institution, type of crime, and category of old (status dropout rate), by sex and race/ i-chapter-3 bias motivating the crime: 2010 through ethnicity: Selected years, 1960 through 2016, Education Department, https:// 2016, Education Department 58 Christopher Krebs, Director, US nces.ed.gov/programs/digest/d18/tables/ https://nces.ed.gov/programs/digest/d17/ Cybersecurity and Infrastructure dt18_329.30.asp. tables/dt17_219.70.asp. Security Agency, Memorandum on Identification of Essential Critical 42 Hate in Schools, Education Week 49 Jynnah Radford & Luis Noe-Bustamante, Infrastructure Workers During COVID-19 (Aug 6, 2018) (noting that that school Facts on U.S. Immigrants, Pew Research Response (March 19, 2020). Available administrators rarely investigate this (June 3, 2019) at https://www.cisa.gov/sites/default/ hate speech) https://www.edweek.org/ https://www.pewresearch.org/ files/publications/CISA-Guidance-on- ew/projects/hate-in-schools.html. hispanic/2019/06/03/facts-on-u-s- Essential-Critical-Infrastructure-Workers- immigrants/. 1-20-508c.pdf 43 Who are English Learners?, Education Department, 50 Legal Immigration Family Equity Act of 59 Border Security 2020 Budget Fact https://www2.ed.gov/datastory/el- 2000, 8 C.F.R. Section 1245. Sheet, White House (Mar. 2019) https:// characteristics/index.html#one. www.whitehouse.gov/wp-content/ 51 Barack Obama, Remarks by the uploads/2019/03/FY20-Fact-Sheet_ 44 Moriah Balingit, Can educators call President on Immigration, White House Immigration-Border-Security_FINAL.pdf. ICE on students? Betsy DeVos finally (June 15, 2012) https://www.whitehouse. answers, Washington Post (June 5, 2018) gov/the-press-office/2012/06/15/remarks- 60 Border Patrol Agent Nationwide Staffing https://www.washingtonpost.com/news/ president-immigration. by Fiscal Year, CBP (Mar. 2019) (noting education/wp/2018/06/05/can-educators- the number of Border Patrol agents in call-ice-on-students-betsy-devos-finally- 52 2014 Executive Actions on Immigration, FY1992 was 4,139 and in 2000 was 9,212) answers/; After Six Attempts, Murphy USCIS, http://www.uscis.gov/ https://www.cbp.gov/sites/default/files/ Gets DeVos to Confirm Schools Cannot immigrationaction. assets/documents/2019-Mar/Staffing%20 Report Students to ICE, U.S. Senate FY1992-FY2018.pdf. (June 5, 2018), https://www.murphy. 53 Plyler v. Doe, 457 U.S. 202 (1982). senate.gov/newsroom/press-releases/ 61 Id. after-six-attempts-murphy-gets-devos- 54 Jie Zong and Jeanne Batalova, How to-confirm-schools-cannot-report- Many Unauthorized Immigrants 62 The Constitution in the 100-Mile Border students-to-ice. Graduate from U.S. High Schools Zone, ACLU (Sept. 2016) https://www.aclu. Annually?, MPI (Apr. 2019) https:// org/constitution-100-mile-border-zone. 45 Dear Colleague letter regarding www.migrationpolicy.org/research/ schools' enrollment procedures and unauthorized-immigrants-graduate-us- 63 Emily Guskin, A Clear Majority of the obligation to enroll all residents high-schools. Americans Oppose Trump’s Emergency of school age regardless of their race, Declaration, Washington Post (Mar. color, national origin, immigration, 55 Ana Gonzalez-Barrera et al., The Path 15, 2019), https://www.washingtonpost. or citizenship status, Education Not Taken, Pew Research (Feb. 4, 2013) com/politics/2019/03/15/clear-majority- Department (May 8, 2014) https://www2. http://www.pewhispanic.org/2013/02/04/ americans-oppose-trumps-emergency- ed.gov/about/offices/list/ocr/publications. the-path-not-taken/. declaration/. html#TitleVI-Docs. 56 Manuel Pastor et al., Nurturing 64 Jeffery Passel & D’Vera Cohn, Mexicans 46 2019 Kids Count Data Book: State Naturalization: Could Lowering the Fee Decline to Less than Half the U.S. Trends in Child Well-being, Annie Help?, National Partnership for New Unauthorized Immigrant Population E. Casey Foundation (June 17, 2019) Americans, (Feb. 2013) http://dornsife. for the First Time, Pew Research (June https://www.aecf.org/m/databook/aecf- usc.edu/assets/sites/731/docs/Nurturing_ 12, 2019) https://www.pewresearch.org/ 2019kidscountdatabook-embargoed.pdf. Naturalization_final_web.pdf. fact-tank/2019/06/12/us-unauthorized- immigrant-population-2017/ 47 Projections of Education Statistics to 57 Those servicemembers must also show 2026, Education Department (April basic knowledge of the United States 65 Flores Settlement Agreement, Case No. 2018) (projecting that the 3.3 million and read, write and speak basic English. CV 85-4544-RJK(Px), https://www.aila. students in 2015 would increase to 4.1 See USCIS Policy Manual, Vol. 12, Part 1, org/File/Related/14111359b.pdf. million in 2026) https://nces.ed.gov/ Ch. 3 (describing agency interpretation pubs2018/2018019.pdf. of the requirements of Section 329 of 66 Spencer Ackerman & Adam Rawnsley, the Immigration and Naturalization Act, $800 Million in Taxpayer Money Went

121 ENDNOTES

ENDNOTES

to Private Prisons Where Migrants Latinos made up 18 percent of (Sept. 15, 2017) https://cdn.www.nwbc.gov/ Work for Pennies, Daily Beast (Jan. the population but were vastly wp-content/uploads/2018/02/13133341/ 02 2019) https://www.thedailybeast. underrepresented in both the Federal NWBC-Hispanic-Women-Entrepreneurs- com/dollar800-million-in-taxpayer- workforce (8.6 percent) and in the Report.pdf. money-went-to-private-prisons-where- SES (4.6 percent). Unlike any other migrants-work-for-pennies. population, the Latino population 75 Maresha Jackson, The State of Latinas would need to more than double its in the United States, CAP (Nov. 7, 2013) 67 Maria Sacchetti, Pregnant immigration representation in the Federal workforce, https://www.americanprogress.org/ detainees spiked 52 percent under and would need to more than triple its issues/race/report/2013/11/07/79167/fact- Trump administration, Washington representation in the SES. See sheet-the-state-of-latinas-in-the-united- Post (Dec. 5, 2019) https://www. FY2016 Federal Equal Opportunity states/. washingtonpost.com/immigration/ Recruitment Program (FEORP) Report pregnant-immigration-detainees- to Congress, OMB (Feb. 2018) https:// 76 Board of Immigration Appeals, spiked-52-percent-under-trump-admin www.opm.gov/policy-data-oversight/ Justice Department (last accessed istration/2019/12/05/610ed714-16bb-11ea- diversity-and-inclusion/reports/ Jan. 10, 2020) https://www.justice.gov/ 8406-df3c54b3253e_story.html. feorp-2016.pdf; Population Distribution eoir/board-of-immigration-appeals- by Race/Ethnicity - 2016, Keiser Family bios#AnaLandazabal%20Mann. 68 Joe Davidson, Latest federal diversity Foundation https://www.kff.org/ report from OPM shows little or other/state-indicator/distribution-by- 77 State Profiles, FEMA, https://recovery. no progress and some regression, raceethnicity/. fema.gov/state-profiles. Washington Post (April 2, 2018) https:// www.washingtonpost.com/news/ 70 Labor force characteristics by race 78 Renee Davidson, How Voter ID Laws powerpost/wp/2018/04/02/latest-federal- and ethnicity, 2016, Labor Department Disproportionately Impact Women — diversity-report-from-opm-shows-little- (Oct. 2017) https://www.bls.gov/opub/ And What We’re Doing About It, League or-no-progress-and-some-regression/; reports/race-and-ethnicity/2016/home. of Women Voters (Jan. 2, 2014) https:// The Hispanic Population: 2000, Census htm; FY2016 Federal Equal Opportunity www.lwv.org/blog/how-voter-id-laws- Bureau (noting that in 2000, Latinos Recruitment Program (FEORP) Report disproportionately-impact-women-and- were 13.2 percent of the population) to Congress, OMB (Feb. 2018) https:// what-were-doing-about-it. https://www.census.gov/prod/2001pubs/ www.opm.gov/policy-data-oversight/ mso01-hp.pdf; Jens Manuel Krogstad diversity-and-inclusion/reports/ 79 Gustavo Lopez & Ana Gonzalez-Barrera, & Luis Noe-Bustamante, 7 facts for feorp-2016.pdf. Afro-Latino: A deeply rooted identity National Hispanic Heritage Month, Pew among U.S. Hispanics, Pew Research Research (Oct. 14, 2019) (noting that the 71 FY2016 Federal Equal Opportunity (Mar. 1 2016) (noting that 24 percent of Latino population reached 59.9 million Recruitment Program (FEORP) Report Latinos consider themselves Afro-Latino, in 2018, or 18.3 percent of the total US to Congress, OMB (Feb. 2018) https:// but when given only one option on population) https://www.pewresearch. www.opm.gov/policy-data-oversight/ how to report their race or ethnicity, org/fact-tank/2019/10/14/facts-for- diversity-and-inclusion/reports/ differ widely on how they self-report: 39 national-hispanic-heritage-month/. feorp-2016.pdf. percent consider themselves White, 24 percent consider themselves Hispanic, 69 In 2016, Whites made up 61 percent 72 Valentina Zarya, The Fastest-growing 18 percent consider themselves of the population, and were group of entrepreneurs in the U.S.: Black, 4 percent consider themselves overrepresented in the Federal Minority Women, Fortune (Aug. 21, 2015) American Indian, and 9 percent workforce (63.6 percent) and in the http://fortune.com/2015/08/21/wom- en- consider themselves two or more races) Senior Executive Service (SES) 78.8 small-business-diverse/. https://www.pewresearch.org/fact- percent. tank/2016/03/01/afro-latino-a-deeply- 63.6 percent of the Federal workforce, 73 Hispanic Women-owned Businesses, rooted-identity-among-u-s-hispanics/. and 78.8 percent of the Senior Executive National Women’s Business Council Service (SES). (2012) https://www.nwbc.gov/2015/08/18/ 80 Compare Hate Crime Statistics, African Americans made up 12 fact-sheet-hispanic-women-owned- FBI (2015) https://ucr.fbi.gov/ percent of the population, and were businesses/. hate-crime/2015/tables-and-data- overrepresented in the Federal workforce declarations/1tabledatadecpdf with Hate (18.4 percent), but underrepresented in 74 Susana Martinez-Restrepo & Crime Statistics, FBI (2018) https://ucr.fbi. the SES (11.0 percent). Asian Americans Geri Stengell, Hispanic Women gov/hate-crime/2018/topic-pages/tables/ made up 5 percent of the population, Entrepreneurship: table-1.xls. and were overrepresented in the Federal Understanding Diversity Among workforce, and underrepresented in Hispanic Women Entrepreneurs, 81 Adam Goldman, The F.B.I.’s New the SES (3.5 percent). By comparison, National Women’s Business Council Approach to Combating Domestic

122 ENDNOTES

ENDNOTES

Terrorism: Straight Talk, N.Y. Times publications/climate-change-latino- (“An IPCC Special Report on the impacts (Nov. 11 2019) https://www.nytimes. mind-may-2017/. of global warming of 1.5°C above pre- com/2019/11/10/us/politics/domestic- industrial levels and related global terrorism-justice-department.html. 91 Closing the Water Access Gap in the greenhouse gas emission pathways, in United States: A National Action Plan, the context of strengthening the global 82 Incarcerated Women and Girls, The US Water Alliance, 21 (2019) https://www. response to the threat of climate change, Sentencing Project (Feb. 2016) https:// closethewatergap.org/wp-content/ sustainable development, and efforts to www.sentencingproject.org/wp-content/ uploads/2019/11/Dig-Deep_Closing-the- eradicate poverty.”) https://www.ipcc.ch/ uploads/2016/02/Incarcerated-Women- Water-Access-Gap-in-the-United-States_ sr15/. and-Girls.pdf. DIGITAL_compressed.pdf. 97 The Economics of Climate Change: The 83 Words From Prison - Did You Know…?, 92 Adrianna Quintero et al., U.S. Latinos Stern Review, Cambridge University ACLU (2017) https://www.aclu.org/words- and Air Pollution: A Call to Action, NRDC Press, 3 (Nicolas Stern ed.) (2007) https:// prison-did-you-know. (2011) https://www.nrdc.org/sites/default/ doi.org/10.1017/CBO9780511817434. files/LatinoAirReport.pdf. 84 A Pound of Flesh: The Criminalization 98 Ninety-fourth Session - Discussion Note: of Private Debt, ACLU (Jan. 2018) https:// 93 Lesley Fleischman et al., Latino Migration and the Environment, IOM www.aclu.org/report/pound-flesh- Communities At Risk, Clean Air Task (Nov. 1, 2007) https://www.iom.int/jahia/ criminalization-private-debt. Force (Sept. 2016) http://www.catf. webdav/shared/shared/mainsite/about_ us/wp-content/uploads/2016/09/ iom/en/council/94/MC_INF_288.pdf. 85 Words From Prison, Did You Know?, CATF_Pub_LatinoCommunitiesAtRisk. ACLU (2017) https://www.aclu.org/words- pdf. Activities and components at oil 99 United Nations Resolution 64/292 (2010) prison-did-you-know. and gas production sites include the https://www.un.org/waterforlifedecade/ release of methane, carbon dioxide human_right_to_water.shtml. 86 Nora Ellmann, Immigration Detention and air pollutants like sulfur dioxide, Is Dangerous for Women’s Health and volatile organic compounds (VOCs) 100 Closing the Water Access Gap in the Rights, CAP (Oct. 21, 2019) https://www. and nitrogen oxides (NOx), that are United States: A National Action Plan, US americanprogress.org/issues/women/ known to have harmful health impacts Water Alliance, 42-47, 62-65 (2019) https:// reports/2019/10/21/475997/immigration- including cancer, heart attacks, and www.closethewatergap.org/wp-content/ detention-dangerous-womens-health- chronic illnesses like asthma. Health and uploads/2019/11/Dig-Deep_Closing-the- rights/. Environmental Effects of Particulate Water-Access-Gap-in-the-United-States_ Matter (PM), EPA (2019) https://www. DIGITAL_compressed.pdf. 87 Raquel Reichard, 10 Troubling Facts epa.gov/pm-pollution/health-and- About Latinas Mass Incarceration, Latina environmental-effects-particulate- 101 Nearly 3.3 Million Clean Energy Jobs, Magazine (Aug. 24, 2015) http://www. matter-pm; Sulfur Dioxide Basics, EPA Clean Jobs America (2019) https://www. latina.com/lifestyle/our-issues/facts- (2019) https://www.epa.gov/so2-pollution/ e2.org/wp-content/uploads/2018/05/ latinas-mass-incarceration sulfur-dioxide-basics#effects; Andreas Clean-Jobs-America-2019-E2.pdf. Stohl et al., Black carbon in the Arctic: 88 Accommodating Pregnancy On the The underestimated role of gas flaring 102 Lueck, S. and Broaddus, M. (2018). Job: The Stakes for Women of Color and and residential combustion emissions, Expanding Skimpy Health Plans Is the Immigrant Women, National Latina Atmosphere Chemistry & Physics (Sept. Wrong Solution for Uninsured Farmers Institute for Reproductive Health (May 5, 2013) https://www.researchgate.net/ and Farm Workers. Center on Budget 2014) http://www.nwlc.org/sites/default/ publication/260830207_Black_carbon_ and Policy Priorities. https://www.cbpp. files/pdfs/the_stakes_for_woc_final.pdf. in_the_Arctic_The_underestimated_ org/research/health/expanding-skimpy- role_of_gas_flaring_and_residential_ health-plans-is-the-wrong-solution-for- 89 Nicole Acevedo, TV shows struggle combustion_emissions. uninsured-farmers-and-farm to reflect U.S. Latino presence. Will it get better?, NBC News (May 24, 2019) 94 Lesley Fleischman et al., Latino 103 Environmental Protection Agency; https://www.nbcnews.com/news/latino/ Communities At Risk, Clean Air Task Pesticides; Agricultural Worker producers-latino-themed-tv-shows- Force Protection Standard Revisions, 80 Fed. fight-stay-n989561. Reg. 67502 (Nov. 2, 2015). 95 Gender, Climate Change and Health, 90 Anthony Leiserowitz et al., Climate World Health Organization (2010) 104 Samantha Artiga et al., Racial and Ethnic Change in the Latino Mind, Yale https://www.who.int/globalchange/ Disparities in Access to and Utilization Program on Climate Change GenderClimateChangeHealthfinal.pdf. of Care among Insured Adults, Kaiser Communication (Sept. 27, 2017) https:// Family Foundation (Aug. 6, 2015) https:// climatecommunication.yale.edu/ 96 Global Warming of 1.5 ºC, IPCC (2018) www.kff.org/racial-equity-and-health-

123 ENDNOTES

ENDNOTES

policy/issue-brief/racial-and-ethnic- 111 For all ages, in 2017, 17.8 percent of p0823-HPV-vaccination.html. disparities-in-access-to-and-utilization- the Hispanic population was insured of-care-among-insured-adults/ compared to 5.9 percent of the non- 120 US Black and Hispanic minorities Hispanic White population. See Profile: bear disproportionate burden from 105 Samantha Artiga et al., Changes in Hispanic/Latino Americans, HHS, https:// air pollution, ScienceDaily (Mar. 11 Health Coverage by Race and Ethnicity minorityhealth.hhs.gov/omh/browse. 2019) https://www.sciencedaily.com/ since the ACA, 2010-2018, Kaiser Family aspx?lvl=3&lvlid=64. Between 2017 and releases/2019/03/190311152735.htm. Foundation (Mar. 5, 2020) https://www. 2018, the uninsurance rate for Hispanic kff.org/racial-equity-and-health-policy/ children rose one percentage point. See 121 Asthma and Hispanic Americans, HHS issue-brief/changes-in-health-coverage- Edward Berchick et al., Health Insurance (Mar. 13, 2017) https://minorityhealth.hhs. by-race-and-ethnicity-since-the- Coverage in the United States, 9 (Nov. gov/omh/browse.aspx?lvl=4&lvlid=60. aca-2010-2018/ 2019), https://www.census.gov/content/ dam/Census/library/publications/2019/ 122 Manuel Cano, Prescription Opioid 106 Medicaid Coverage Rates for the demo/p60-267.pdf. Misuse among U.S. Hispanics, Addictive Nonelderly by Race/Ethnicity, Kaiser Behaviors, (Nov. 2019) https://www.ncbi. Family Foundation, https://www.kff. 112 Hispanics/Latinos and Tobacco Use, nlm.nih.gov/pubmed/31306983. org/medicaid/state-indicator/rate-by- CDC, (Nov. 27, 2019) https://www.cdc.gov/ raceethnicity-3/?dataView=1¤tTim tobacco/disparities/hispanics-latinos/ 123 Manuel Cano, Prescription Opioid eframe=0&selectedDistributions=hispani index.htm. Misuse among U.S. Hispanics, c&sortModel=%7B%22colId%22:%22Locat ScienceDirect (June 13, 2019) https:// ion%22,%22sort%22:%22asc%22%7D. 113 Tobacco Product Use and Cessation www.sciencedirect.com/science/article/ Indicators Among Adults—United States, abs/pii/S0306460319301960. 107 Puerto Rico: Fast Facts, Kaiser Family 2018, CDC, 1013-1019 (Nov. 15, 2019) https:// Foundation (2017), https://www.kff.org/ www.cdc.gov/mmwr/volumes/68/wr/pdfs/ 124 U.S. Cancer Statistics Data Visualizations disparities-policy/fact-sheet/puerto-rico- mm6845a1-H.pdf. Tool, CDC (June 2019) https://www.cdc. fast-facts/. gov/cancer/uscs/dataviz. 114 Tobacco Product Use Among Middle 108 Kellen E. Baker et al., The Medicaid and High School Students — United 125 Id. Program and LGBT Communities: States, 2011-2018, CDC, 68 (Feb. 12, 2019) Overview and Policy Recommendations, https://www.cdc.gov/mmwr/volumes/68/ 126 Latina/o Voters’ Views and Experiences CAP (Aug. 9, 2016) https://cdn. wr/pdfs/mm6806e1-H.pdf. Around Reproductive Health, National americanprogress.org/wpcontent/uploa Latina Institute for Reproductive Health, ds/2016/08/08125221/2LGBTMedicaidExp 115 Childhood Obesity Facts, CDC (June 24, (Oct. 4, 2018) https://latinainstitute.org/ ansion-brief.pdf. 2019) https://www.cdc.gov/obesity/data/ sites/default/files/NLIRH%20Survey%20 childhood.html. Report_F_0.pdf. 109 Expanding Medicaid in Texas: Unlocking the Door to Health Insurance 116 More US adolescents up to date on HPV 127 Jasmine Tucker & Kayla Patrick, Women for Hispanics, FamiliesUSA (2014) vaccination, CDC, (Aug. 23 2018) https:// In Low-Wage Jobs May Not Be Who You https://familiesusa.org/wp-content/ www.cdc.gov/media/releases/2018/ Expect, NWLC (2017) https://nwlc.org/ uploads/2019/09/MCD_Morehouse- p0823-HPV-vaccination.html. wp-content/uploads/2017/08/Women-in- COC-HE-report_TX_Hisp_final_web. Low-Wage-Jobs-May-Not-Be-Who-You- pdf; Expanding Medicaid in Florida: 117 HPV-Associated Cervical Cancer Rates Expect.pdf. Unlocking the Door to Health Insurance by Race and Ethnicity, CDC (Aug. 2, for Hispanics, FamiliesUSA (2014) 2019) https://www.cdc.gov/cancer/hpv/ 128 Trends in Teen Pregnancy and https://familiesusa.org/wp-content/ statistics/cervical.htm. Childbearing, HHS (2019) https:// uploads/2019/09/MCD_Morehouse-COC- www.hhs.gov/ash/oah/adolescent- HE-report_FL_Hisp_final_web_0.pdf. 118 Rula Btoush et al., Knowledge and development/reproductive-health-and- Attitudes Toward Human Papillomavirus teen-pregnancy/teen-pregnancy-and- 110 Bowen Garett & Anuj Gangopadhyaya, Vaccination Among Latina Mothers of childbearing/trends/index.html. Who gained health insurance coverage South American and Caribbean Descent under the ACA and where do they in the Eastern US, Health Equity (May 30, 129 SNAP Helps Millions of Latinos, (2018), live?, Urban Institute (Dec. 2016) https:// 2019) https://www.liebertpub.com/doi/ CBPP, https://www.cbpp.org/research/ www.urban.org/sites/default/files/ full/10.1089/heq.2018.0058. food-assistance/snap-helps-millions- publication/86761/2001041-who-gained- of-latinos. This discrepancy is even health-insurance-coverage-under-the- 119 More US adolescents up to date on HPV worse for foreign-born Hispanics. In aca-and-where-do-they-live.pdf. vaccination, CDC (Aug. 23, 2018) https:// 2015, more than three-fifths of Latino www.cdc.gov/media/releases/2018/ youth (62 percent) lived in families

124 ENDNOTES

ENDNOTES

living with low-incomes (below 200 firearms/. 146 C.J. Peek, Lexicon for Behavioral Health percent of the poverty line), which is and Primary Care Integration, HHS (Apr. twice the proportion for White children 138 Alexia Cooper & Erica Smith, Homicide 2013) https://integrationacademy.ahrq. (31 percent). See Mark Mather, Trends Trends in the United States, 1980-2008, gov/sites/default/files/Lexicon.pdf. and Challenges Facing America’s Latino Justice Department, 20 (Nov. 2011) Children, (2016) https://www.prb.org/ https://www.bjs.gov/content/pub/pdf/ 147 President’s New Freedom Commission trends-and-challenges-facing-americas- htus8008.pdf. on Mental Health, Mental Health latino-children/. Commission (2003) http://govinfo.library. 139 When Men Murder Women: An Analysis unt.edu/mentalhealthcommission/ 130 Lourdes Ashley Hunter, et al., of 2013 Homicide Data, Violence Policy reports/reports.htm. Intersecting Injustice: A National Center, 5 (Sept. 2015) http://vpc.org/ Call to Action: Addressing LGBTQ studies/wmmw2015.pdf. 148 Save Graduate Medical Education, Poverty and Economic Justice for AMA (2019) https://www.ama-assn.org/ All, Social Justice Sexuality Project 140 Paula Braveman & Laura Gottlieb, The education/gme-funding/save-graduate- (2018) https://static1.squarespace.com/ social determinants of health:its time medical-education. static/5a00c5f2a803bbe2eb0ff14e/t/5ac to consider the causes of the causes, a6f45758d46742a5b8f78/1523216213447/ Public Health Reports (Jan. 2014) https:// 149 HHS Needs Better Information to FINAL+PovertyReport_HighRes.pdf. www.ncbi.nlm.nih.gov/pmc/articles/ Comprehensively Evaluate Graduate PMC3863696/. Medical Education Funding, GAO (March 131 Kellan Baker & Laura E. Durso, Why 2018) https://www.gao.gov/products/ Repealing the Affordable Care Act Is 141 Preventing Intimate Partner Violence GAO-18-240. Bad Medicine for LGBT Communities, Factsheet, CDC (Feb. 26 2019) https:// CAP (Mar. 22 2017) https://www. www.cdc.gov/violenceprevention/ 150 Elayne Heisler et al., Federal Support americanprogress.org/issues/lgbt/ intimatepartnerviolence/fastfact.html. for Graduate Medical Education: An news/2017/03/22/428970/repealing- Overview, Congressional Research affordable-care-act-bad-medicine-lgbt- 142 The No Mas Study: Domestic Service, 8 (Dec. 27 2018) https://fas.org/ communities/. Violence and Sexual Assault in the sgp/crs/misc/R44376.pdf. Latin@ Community, No More (2015) 132 Gary J. Gates, LGBT Adult Immigrants http://nomore.org/wp-content/ 152 Save Graduate Medical Education, in the United States, Williams Institute, uploads/2015/04/NO-MAS-STUDY- AMA (2019) https://www.ama-assn.org/ (March 2013) http://williamsinstitute. Embargoed-Until-4.21.15.pdf. education/gme-funding/save-graduate- law.ucla.edu/research/census-lgbt- medical-education. demographics-studies/us-lgbt- 143 Carlos Cuevas et al., Interpersonal immigrants-mar-2013/. Victimization Patterns and 152 Laura Martinez et.al. The Current State Psychopathology Among Latino of the Latino Physician Workforce: 133 HIV and Gay and Bisexual Men, CDC Women: Results From the SALAS California Faces a Severe Shortfall in (Dec. 12, 2019) https://www.cdc.gov/hiv/ Study, Psychological Trauma Theory Latino Resident Physicians, UCLA (Mar. group/msm/index.html. Research Practice and Policy (Dec. 2019) https://latino.ucla.edu/wp-content/ 2010) https://www.researchgate.net/ uploads/2019/03/LPPI_Current_State_of_ 134 Hispanic/Latino Gay and Bisexual Men publication/229544220_Interpersonal_ the_Latino_Physician_Workforce_2019. Among HIV, CDC (Nov. 2019) https://www. Victimization_Patterns_and_ pdf. cdc.gov/hiv/group/msm/hispanic-latino. Psychopathology_Among_Latino_ html. Women_Results_From_the_SALAS_ 153 Id. Study. 135 Hispanic Victims of Lethal Firearms Violence in the United States, Violence 144 Phyllis Holditch Niolon et al., Preventing Policy Center (Feb. 2018) http://vpc.org/ Intimate Partner Violence Across the studies/hispanic18.pdf. Lifespan, CDC (2017) https://www. cdc.gov/violenceprevention/pdf/ipv- 136 Gun Violence, Giffords Law Center (2018) technicalpackages.pdf. https://lawcenter.giffords.org/facts/gun- violence-statistics/. 145 2018 National Healthcare Quality and Disparities Report, HHS (2018) https:// 137 Domestic Violence & Firearms, Giffords www.ahrq.gov/research/findings/nhqrdr/ Law Center (2018) https://lawcenter. nhqdr18/index.html. giffords.org/gun-laws/policy-areas/who- can-have-a-gun/domestic-violence-

125