Harvard Kennedy School JOURNAL OF HISPANIC POLICY A Harvard Kennedy School student publication

Volume 32 Copyright

All views expressed in the Harvard Journal of Hispanic Policy are those of the authors and do not represent the views of Harvard University, the John F. Kennedy School of Government at Harvard University, the editorial staff of the Harvard Journal of Hispanic Policy, the Executive Advisory Board of the Harvard Journal of Hispanic Policy, or any associates of the journal.

© 2020 by the President and Fellows of Harvard College. All rights reserved. Except as otherwise specified, no article or portion herein is to be reproduced or adapted to other works without the expressed written consent of the editors of the Harvard Journal of Hispanic Policy.

ii Harvard Kennedy School Journal of Hispanic Policy Staff

Bryan Cortes Co-Editor-in-Chief Rodrigo Dorador Co-Editor-in-Chief Natalia Chavez Executive Director Daniel A. Estupiñan Managing Editor, Print Yasmin Serrato-Muñoz Managing Editor, Digital Thomas Franco Senior Editor Alexander de Avila Senior Editor Jonatan Ortiz Senior Editor Alberto Castellón Senior Editor Jazmine Garcia Delgadillo Senior Editor Kat Hemsing Senior Editor Cristina Correa Senior Editor Mayumi Cornejo Senior Editor Martha Foley Publisher Richard Parker Faculty Advisor

Volume 32 | 2020 iii Executive Advisory Board

Gail M. Smith Nora de Hoyos Comstock, PhD Board Chair Founder and Board Member, CEO and Publisher, Las Comadres para Las Americas Impacto Latino Trustee, Austin Community College District Georgina C. Verdugo* Consultant and Attorney at Law Jim R. Carr Former Chair, Harvard Kennedy Hilda Polanco, School Journal of Hispanic Policy CPA, CGMA, CCSA® Executive Advisory Board Founder and CEO, Fiscal Management Associates, Daniel Garza LLC (FMA) President, The Libre Initiative

Grace Flores-Hughes* Juan Salazar* Vice Chair, F&H 2 Inc. Head of Local Policy and Community Engagement, Facebook Alejandra Campoverdi* Founder, The Well Woman Coalition Margaret Lezcano Managing Director, UBS Inc. Genoveva L. Arrellano* Principal, Arellano Associates Henry A.J. Ramos Member Emeritus, Harvard Sergio Levin Kennedy School Journal of Independent Advisor in graduate Hispanic Policy Executive Advisory education programs Board

*Harvard Kennedy School alumnus ^Harvard College alumnus

iv Harvard Kennedy School Journal of Hispanic Policy Table of Contents

Editors’ Note 2

Commentary 4 Why the Supreme Court’s DACA decision will determine whether people like me matter, Antonio Arellano

Commentary 7 Be Counted in Our Democracy: 2020 Census and the Latinx Community, Teresa Acuña

Feature 18 Still Unrepresented: A 10-year look at the diversity crisis on Capitol Hill, Congressional Hispanic Staffer Association (CHSA)

Feature 32 FinTech: Means to Inclusive Economic Development?, Sharon Velasquez

Interview 41 Latinx Political Leadership—An Interview with California Secretary of State Alex Padilla, Natalia Chavez & Bryan Cortes

Feature 48 Chilling Effects and Grumbling Stomachs: The Impact of Public Charge Rule Changes on Nutrition Assistance Access among Children in Immigrant Families, Allyson Rose Pérez

Feature 55 The Unfolding of Latinx Political Power in Nevada: Doubling Down on Urban Education Policy, Dr. Magdalena Martinez

Commentary 77 The War on Immigration in the Age of Big Data and Artificial Intelligence, Thomas Franco

Feature 85 The Housing Choice Voucher (HCV) Program and Upward Mobility: Through a Latino Lens, Mayra Vazquez Editor’s Note

We are at a critical inflection point in the history of the United States. In 2020, we will be conducting a nationwide census and electing a new president. The outcomes of these processes will influence the trajectory of this nation and the lives of millions of Latinxs. According to the Pew Research Center, a growing share of Latinxs say that the community’s situation worsened after 2016. Perhaps one of the most indicative manifestations that the growing concern is real came to pass in the summer of 2019. A young man shot and killed 22 individuals in the community of El Paso, Texas. Before the attack, the young man posted a document online that tied his attack to an effort to defend his country against the “[Latinx] invasion of Texas.” Although the individual is being tried for a federal hate crime and is likely to be convicted, the event has made its imprint in the Latinx community, which has been the target of White supremacist rhetoric and policy in recent years. Despite being targeted, our community has not bowed its head. In fact, the same Pew Research Center study shows that Latinxs are becoming more politically engaged. At the journal, we believe in the power of civil society to change the course of history, especially at the critical juncture in which we find ourselves. To foster conversation around this topic, we chose “Latinx Power and Representation” as the theme of our 32nd volume. This issue of the journal will highlight timely policy issues at the center of Latinx political power. The volume intends to offer a perspective on the challenges and opportunities facing different groups within the Latinx community to achieve, reclaim, and exercise power in today’s context. Among some of our pieces are Dr. Magdalena Martinez’s piece, “The Unfolding of Latinx Political Power in Nevada,” which is a must-read case study that will enable readers to better understand how demographic chang- es, especially within schools, have become a catalyst for Latinx political awakening. In an exclusive interview for the journal, California Secretary of State, Alex Padilla, shares his perspective of the political transformation that California experienced after Proposition 187 and gives us advice on how Latinxs can increase their representation in the political arena. In another featured article, the Congressional Hispanic Staff Association (CHSA) pro- vides a critical take on the lack of diversity in Congress and offers concrete

2 Harvard Kennedy School Journal of Hispanic Policy policy proposals to improve the representation of Latinxs that staff legislative offices and powerful committees on Capitol Hill. Overall, we have carefully selected each piece to provide insightful commentary and research insights, and we hope that this volume fosters conversation on the opportunities and challenges facing the Latinx community. We are thankful for the executive advisory board members for their continued dedication to the journal staff. A special thank you to Gail Smith, our board’s chair, for her continued support and guidance to the journal’s leadership team. We would also like to thank Martha Foley, assistant director of student services, and Professor Richard Parker, our faculty advisor, for their continued dedication to student-run policy journals at the John F. Kennedy School of Government at Harvard University. Finally, we are also grateful for the support of our entire editorial team. You all have poured your hearts into this journal, and we are sincerely grateful for your strength and dedication in serving Latinx and Hispanic communities at Harvard University and beyond. Our experience leading the Harvard Kennedy School Journal of Hispanic Policy would not have been the same without all of you. Lastly, thank you to our dedicated readers: you sustain our hope about the future of our community. Please find more information about the Harvard Kennedy School Journal of Hispanic Policy on our website: http://hjhp.hkspublications.org/

Con Fuerza, Bryan Cortes & Rodrigo Dorador Co-Editors in Chief, 2019-2020

Volume 32 | 2020 3 Commentary Why the Supreme Court’s DACA Decision Will Determine Whether People like Me Matter

Antonio Arellano

Antonio Arellano is the interim justice issues through leadership executive director of Jolt, the largest development and advocacy. Latino progressive organization Antonio’s consistent innovation has in Texas, focused on building the garnered national attention, and political power and influence he has been featured in MSNBC, of young Latinos. Antonio is a the Washington Post, Huffpost, proven human rights advocate, and USA Today. Discover whose efforts have resulted in the more about Antonio here: www. engagement and mobilization of antonioarellano.com. thousands of young Latino voters in Texas. Named one of the most The Supreme Court has an important influential Latinos in the United decision to make this sitting: whether people like me matter. As a gay DACA States by Hispanicize, Antonio’s recipient, the nine justices will de- social media accounts reach a termine what rights I deserve in the combined 100 thousand millennial country I call home, the country that voters. He uses his voice and once protected me but is now willing platforms to encourage young to betray me because of who I love and where I come from. Latinos to make systemic change The landmark decision legaliz- on racial, immigration, economic, ing gay marriage nationwide in the environmental, and gender summer of 2015 gave me hope and reminded me of the brilliance of

4 Harvard Kennedy School Journal of Hispanic Policy our democratic experiment. This rely on the court while lawmakers in moment, which for so many, marked Congress sit on bills like the Equality an advancement in humankind, was Act and Dream Act, which would short lived. Almost immediately after deliver real solutions. America must this victory, it was eclipsed by relent- reject discrimination and racism and less attempts to intimidate and strip embrace diversity and equality. LGBTQ people of our human rights. As the court hears the opening Having to navigate a life of rejec- arguments in these cases, violent acts tions, discrimination, and humiliation are on the rise against immigrants as a gay Latino in Texas was only and hate crimes against transgen- compounded by my immigration der women. Over 20 transgender status. This continuous battle seemed or gender non-conforming people to temporarily improve with the imple- have been fatally shot or killed by mentation of the Deferred Action for other means in 2019, and there is Childhood Arrivals (DACA) program still a month left to go, according in June 2012. to the Human Rights Campaign. When it was announced that the Among those killed is Johana “Joa” court would hear the cases to rescind Medina, a 25 year old who died at a DACA and LGBTQ discrimination hospital in El Paso hours after she within months of each other, I was was released from ICE custody. She spurred back into action, with the vivid dreamed of working as a certified images of our past protests for liberty nurse in the United States after being still fresh on my mind. After years unable to practice as a transgender of making our demands for equality woman in her home country. Fellow heard, we will be either silenced or Latina, Layleen Polanco, is a 27 year affirmed by a potential 5-4 decision. old who was found dead in a cell at Our country deserves perma- Rikers Island. She was described as a nent solutions regarding DACA “sweet,” “generous,” and “amazing” and LGBTQ discrimination. These person by those who knew her. Supreme Court cases are just the Coretta Scott King once said, culmination of America’s ongoing “Struggle is a never-ending process. fight with its bigoted system. Margin- Freedom is never really won, you earn alized communities have been taught it and win it in every generation.” to rely on the court to protect their Amidst the anti-Latino and anti-im- rights and to protect them from being migrant sentiment that has permeated harmed by law enforcement officers the country, there has never been a in New York (Stonewall) and here in more critical time to fight for our Texas (Rangers). We have been told to dignity, our rights, and our freedom.

Volume 32 | 2020 5 Searing discrimination toward the and gender identity are set aside for LGBTQ community and unabashed the common good. We live in an racism against Latinos is as American increasingly divisive time, and this as apple pie. The earliest cases of dis- decision will be key in setting the crimination stem from early disputes stage on whether we will continue over Spanish and Mexican territories, divided or will work toward unity and but LGBTQ Latinos are particularly a common vision for the pursuit of vulnerable to workplace exploitation, life, liberty, and justice for all. immigration policies, and hate crimes. America must make amends with the Despite continuous setbacks on the past and recognize the progress of journey to equality, LGBTQ Lati- society. This starts by recognizing and nos haven’t shied away from making appreciating the diversity and equality their voices heard. This marginalized that makes us great. Our country’s subgroup has great role models in Constitution begins with the words individuals like José Julio Sarria, the “We the People.” By upholding the first openly gay candidate for public rights of LGBTQ and undocumented office in the United States; Sylvia people, the Supreme Court will finally Rivera, a bisexual and transgender make “We” more like me. rights activist credited with starting the Stonewall Riots; and Gloria Anzaldúa, a renowned Chicano history scholar and lesbian rights advocate. Despite insurmountable progress, work still lies ahead, and it is up to the new generation of LGBTQ advocates to continue the good fight. Now, the future of young undocu- mented people with hopes and dreams of changing the lives of their families, their communities, and the country lies with the nine justices of the Su- preme Court. By deciding who gets protection and who doesn’t in this country, they will effectively decide what the future of this country will look like. America must propel hu- mankind toward a future of inclusion where differences such as social status

6 Harvard Kennedy School Journal of Hispanic Policy Commentary Be Counted in Our Democracy: 2020 Census and the Latinx Community

Teresa Acuña

Teresa Acuña is associate director in presidential appointments and in of the Ash Center’s Democratic elected office. Governance program at the John She served as legislative director F. Kennedy School of Government to Congressional Representative at Harvard University, where she Gloria Negrete McLeod and as bridges practice, technology, and legislative director to California academia to build sustainable State Assemblymember Luis democracies. Alejo, where she managed a broad For over ten years, Teresa has progressive policy agenda. A former worked at the state and national California State Senate Fellow levels in a variety of policy, political, and legislative aide to California and governance roles, most recently State Senator Gilbert Cedillo, director of policy and leadership she helped usher legislation that programs at the National Hispanic sought to diminish social and civil Leadership Agenda in Washington, inequalities. She has also been DC, a premier coalition of the involved in numerous electoral nation’s 40 leading organizations campaigns across the country. advocating on behalf of Latinos in the United States. Teresa managed Teresa graduated from the John F. a national effort to increase diversity Kennedy School of Government at

Volume 32 | 2020 7 Harvard University with a master’s receives in the House of Representa- in public administration and from tives. While each state is allotted two San Diego State University with seats in the US Senate, the number of representative seats fluctuates based a bachelor’s of arts in political on the state’s population. Predicated science and Chicana/o studies. She on the principle of one person, one sits on various nonprofits’ boards, vote, every congressional district must including New American Leaders. have equal population size for pur- poses of representation. The same principal holds for the apportionment The Census is a vital but often of state legislative seats, requiring overlooked civic action in our de- redistricting of congressional districts mocracy. For the Latinx community, and state legislative districts to follow participation in the upcoming Census every decennial Census. An under- will have long-term consequences. count of a population diminishes a Their participation will determine community’s influence in Congress, how effectively they are represented state legislatures, and other govern- in Congress and state legislatures and mental bodies. how services for their community The Census provides us with are funded. Therefore, it is critically greater insight into how individu- important that measures be taken to als and communities perceive their ensure Latinx households self-report identities. It produces one of the in the Census and be counted. largest datasets reflecting the peo- Why Does the Census Matter? ple living in the United States and Mandated in the United States Con- its territories. Through the Census, stitution, the founders enshrined the policymakers, businesses, and academ- notion of counting every person living ics are provided with wide-ranging in the country for purposes of deter- data that help guide the allocation mining political representation. Since of federal aid, government services, 1790, the Census has been held every and other resources. For example, in ten years, requiring all persons that 2017, 316 federal spending programs reside in the country, irrespective relied on Census data to allocate of citizenship or residency status, to $1.5 trillion to state and local gov- participate. ernments, nonprofits, businesses, and The Census aims to create equal households.1 These programs funded distribution of power and is used communal resources such as roads, for reapportionment, a process that fire stations, and schools as well as redistributes the number seats a state aid to individuals such as child care

8 Harvard Kennedy School Journal of Hispanic Policy and nutrition benefits. An accurate a major concern for some state and Census helps ensure that funding is local officials as well as for advocates properly allocated to communities of hard-to-count populations. Some that need it most. states and local municipalities have Given that money and power are responded to the federal government’s at stake, an accurate count of all lack of funding by investing their own people is necessary for fair allocation funds to ensure a complete count. of resources and representation in California, which houses a high our democracy. number of hard-to-count communities including a large Latinx population, Hard-to-Count Communities will invest over $150 million of state and Census Challenges funding to ensure an accurate count.3,4 A challenging reality of the Census It is a modest and worthwhile in- is that there are communities that vestment given the federal dollars it are considered hard to count and are risks losing through an undercount therefore underrepresented in the of its residents. However, 24 states Census. Some of these communities will not make similar investments, have long been underrepresented in including Texas, another state with the Census, while others are just now a high number of Latinx residents.5 experiencing real or perceived barriers to participation.2 An individual’s like- Undercounting the Latinx lihood of responding to the Census Community can vary greatly depending on their In the 2020 Census, the Latinx com- race, ethnicity, immigration status, munity faces an acute risk of being type of home dwelling, or income undercounted, which risks further level, among other factors. Moreover, contributing toward the community’s new collection methodologies can underrepresentation in the halls of also impact response rates, and the power as well as depriving the Latinx Census Bureau has bolstered its efforts community of critical federal invest- to collect data online. ments it needs. To reach hard-to-count popula- As of 2018, there were approx- tions, the Census Bureau must de- imately 59.9 million members of ploy a variety of innovative methods. the Latinx community living in the This means robust outreach, multiple United States and its territories, which mailers, and in-person enumerators represents one the largest and fast- to follow up with non-respondents. est-growing demographic groups in However, the federal government’s un- the country.6 Yet, for the 2020 Census, derinvestment in the Census has been the Latinx community makes up one

Volume 32 | 2020 9 in every three hard-to-count census be undercounted. tracks, and when individuals are not * Language barriers preventing counted, entire communities are participation. Achieving an accurate impacted. count requires participants to under- While there are a variety of factors stand the questions and messaging contributing to the potential underrep- intended to encourage participation. resentation of the Latinx community While the online Census will offer in the 2020 Census, there are several materials in 13 different languages, factors that exacerbate the communi- the forms will only be available in ty’s vulnerability to an undercount. English and Spanish. The usage of * High proportion of undercounted non-English materials will play a population: Latinx children. Histori- critical role in bolstering participation, cally, the Census struggles to capture as 30 percent of all Hispanics residing the accurate number of children living in the United States report they do not in the United States. However, young speak English “very well.”9 Yet, while Latinx children are more likely to go Census materials will be available uncounted than their non-Hispanic in Spanish, there are language vari- counterparts.7 In the 2010 Census, ances within the Latinx population, Latinx children between the ages and lower levels of literacy among of 0 and 4 accounted for 30 percent immigrant communities may require of the undercounted group.8 As a additional interventions.10 result, states and local governments * Socioeconomic status and educa- lost critical federal funding for the tional attainment. Communities with education, nutrition, and health care higher income levels and educational services meant for these children and attainment are less likely to be un- their families. There are a variety of dercounted in the Census. However, reasons this population is difficult poverty within the Latinx community to count. For example, some chil- is pervasive—21 percent of the Latinx dren may be not be counted because community lives in poverty, while over they live in linguistically isolated 60 percent of Latinx individuals only households, nontraditional family have a high school degree or never settings, or with extended family such completed high school.11 as grandparents or unrelated adults. * Immigration status and polit- Some forms of housing also impact ical climate. When our founders the likelihood of being undercounted, mandated the federal government as people living in rental properties conduct a census, they did not restrict or multi-family dwellings are more participation to citizens. In spite of the likely than single-family homes to Trump administration’s unsuccessful attempt to add a citizenship question, work.16 In addition, Latinx families it is essential that every single person are less likely to own homes and residing in the United States have instead may live in nontraditional an opportunity to participate in the living arrangements or low-visibility 2020 Census. However, for many housing. Those who rent may also undocumented immigrants living in be at risk of being undercounted as, fear of deportation, as well as those according to the Census, renters are living in mixed-status homes, the fear less likely to respond because they of exposure may contribute toward a are more mobile.17 sense of apprehension in participating * The digital divide and lack of in a government-led survey. Within digital literacy among the Latinx the US Latinx community, 34 percent community. As a cost-saving measure, of individuals are foreign born, and the Census Bureau is encouraging over 70 percent of undocumented participants to reply online. Yet, not immigrants are from Latin Ameri- all communities have access to broad- ca.12,13 While the Census adheres to band internet, nor do all individuals Title 13 of the United States Code, have the digital literacy needed to par- requiring strict confidentiality of re- ticipate in the online Census. While spondents information, often these one-third of Americans lack access to communities are not aware of the broadband services, approximately 53 confidential nature of the surveys, and percent of Latino households lack the current political climate may not access or experience limited access quell the concerns and distrust felt to home broadband services.18 Yet, by immigrant communities.14 The even if a Latinx household can afford Trump administration’s vocal hostility broadband internet, they may live in toward immigrant communities, as a rural community that struggles to well as the potential for workplace close the digital divide. Given the raids, further increases fears among disparities in digital literacy among the immigrants hesitant to participate in Latinx community, substantial online the Census.15 participation in the Census may not * Nontraditional living arrange- be a realistic expectation. This may ments. The type of dwelling a person explain why, when compared to other lives in also impacts their ability to groups, Latinx individuals are more participate in the Census. Within the likely to prefer completing the Census Latinx community, there are various through traditional paper forms, with nontraditional living arrangements 75 percent of Latinx individuals saying to consider, such as immigrants par- they would prefer to respond to the ticipating in migratory or seasonal Census on paper questionnaires.19

Volume 32 | 2020 11 Complexities around the 2020 In the 2010 Census, the race Census question confounded the Latinx The Census is continuously evolving. community, and nearly 50 percent Leading up to the release of the 2020 chose “some other race or two or Census, two proposed changes spurred more races.” The Census Bureau debate for their potential impact on reports that testing the combined race Latinx participation. and ethnicity question led to higher accuracy and lower non-response The Race & Ethnicity Question to the race question.21 Despite the The Census Bureau collects informa- opportunity to improve the Census tion on participants’ race and ethnicity accuracy, the Trump administration for purposes of enforcing race-based denied requests to combine the race protections, such as anti-discrimina- and ethnicity question, continuing tion laws. But for many groups the the practice of offering two separate racial and ethnic categories do not questions that lead to less-accurate reflect their self-identities. The Census identification and misrepresentation asks these questions in two parts: first, of the Latinx diaspora. the participant is asked to self-identify their ethnicity, then the participant is Trump Administration and the asked to self-identify their race. Citizenship Question For the Latinx community, ques- In 2018, the Trump administration tions around race and ethnicity are formally announced its intention to complex and stem from differences add a citizenship question to the 2020 in language, culture, generations, and Census for the first time in over 50 histories rooted in colonization. The years. This question was previously Latinx population is not a monolith, removed by the Census Bureau, as it and each individual person views their was found to result in an inaccurate self through a unique ethnocentric count that disproportionally affected lens that may not be shared by the people of color.22 The Department entire group.20 For example, the same of Commerce Secretary Wilbur Ross respondents who identify as Hispanic, maintained that the citizenship ques- Latino, or Spanish under the ethnic tion was necessary to enforce the Voting question may choose two different Rights Act of 1965. However, in 2017, races. Some Latinx may identify with internal documents from Kansas Sec- their European roots and choose retary of State Kris Kobach, a member White as their race, while others may of President Trump’s now-defunct identify with their African roots and Voter Fraud Commission pointed to choose Black as their race. another motive, saying that “aliens .

12 Harvard Kennedy School Journal of Hispanic Policy . . are still counted for congressional states took to the courts to stop the apportionment purposes.”23 In light of Trump administration from including the leaked documents, a likely motive it in the 2020 Census. for the citizenship questions was to In 2019, the Supreme Court ruled purposely exclude noncitizens from in Department of Commerce v. New the Census, impacting the population York, rejecting the Department of numbers from which redistricting Commerce’s claim that the question lines are drawn and helping red-state would be used to enforce the Voting legislatures draw districts that benefit Rights Act of 1965. Republicans. While a citizenship question will Advocates and states with large not appear on the 2020 Census, a hard-to-count populations were con- chilling effect remains among partici- cerned that the citizenship question pants already distrustful of the survey. would suppress communities with It is not clear what lasting damage the large undocumented populations from proposed question will have for the completing the Census. Latinx count, but for undocumented According to random controlled immigrants and households with a trials conducted at the John F. Kennedy mixed immigration status, the fear School of Government at Harvard of the Census continues. University, asking a citizenship ques- tion greatly suppressed participants of What Is at Stake for the Latinx Hispanic origin.24 Community? They concluded: As a fast-growing population in the [A]sking about citizenship status United States, the Latinx community significantly increases the percent is entitled to greater political repre- of questions skipped, with particu- sentation and equitable funding. That larly strong effects among Hispan- is why the potential undercount of ics, and makes respondents less the Latinx community in the 2020 likely to report having Hispanic Census could have devastating long- household members. Aggregating term effects. this to the national level suggests * Loss of political power and that asking a citizenship question representation. Census data are used may lead to an undercounting of to form federal, state, and local district Hispanics of between 5,761,284 boundaries around an equal number and 6,382,820 in the 2020 Census of people for the purposes of politi- (based on 2010 figures).25 cal representation. This is to realize Fearing the citizenship question equal political power among every would lead to an inaccurate count, individual. If there is an undercount of

Volume 32 | 2020 13 the Latinx population, their political How Do We Ensure Latinx power is diluted in a representative Participation in the 2020 democracy. Census? An undercount of the Latinx pop- Improving quality of life within the ulation will impact federal funding Latinx community depends upon for various programs the Latinx com- proportional representation in the munity relies on: 2020 Census. Below are recommen- * Food and Nutrition. In 2016, dations that strive to ensure the 2020 Latinx households accounted for Census accurately captures the size one-fifth of Supplemental Nutrition of the Latinx community. Assistance Program (SNAP) benefi- * Education on Census. Educa- ciaries, resulting in approximately tion will be key to informing respon- $16 billion in funding.26 In 2015, dents of the benefits of completing the Latinxs accounted for 63 percent Census and allaying the fears around of participants enrolled in Special it. Doing so will require sharing infor- Supplemental Nutrition Program mation on how the Census informs for Women, Infants and Children political representation and federal (WIC).27 In 2005, Latinx children funding. Moreover, education should made up 24 percent of all Nation- focus on addressing the legitimate fear al School Lunch Program (NSLP) respondents feel around sharing their participants.28 personal information. Respondents * Healthcare. In 2013, Latinxs must know not only that their infor- made up 25 percent of Federal Med- mation will be kept confidential by ical Assistance Program (Medicaid) the Census Bureau but also that there recipients,29 while in 2010, Latinx are a variety of methods available by children accounted for 23 percent which they can respond. of enrollees in Medicaid/Children’s * Outreach by trusted messengers. Health Insurance Program (CHIP).30 Who is messaging and educating the * Education Funding. In 2015, Latinx community about the 2020 the Census helped determine $14 Census is equally important. Assuag- billion in funding for Title I grants, ing fears and creating excitement $11 billion for special education grants in responding are best conveyed by to states, and $8 billion for Head trusted messengers within hard-to- Start, respectively. With one-third count communities. Family, com- of the Latinx community under 18 munity leaders, local governments, years old, investments in educational businesses, and community-based programs like these have tremendous organizations are best suited to edu- economic potential.31 cate Latinx communities about the

14 Harvard Kennedy School Journal of Hispanic Policy Census and convey it in culturally competent ways. Endnotes * Media leverage. Creative and 1 Andrew Reamer, “Counting for Dollars 2020: efficient use of media can help deliver The Role of the Decennial Census in the Geo- graphic Distribution of Federal Funds,” GW important Census information to a Institute of Public Policy, 10 February 2020, large number of people. Investing accessed 1 March 2020, https://gwipp.gwu.edu/ in ethnic media to convey this in- counting-dollars-2020-role-decennial-cen- formation in culturally appropriate sus-geographic-distribution-federal-funds. ways will help capture persons in 2 Counting the Hard to Count in a Census non-English-speaking media mar- (Washington, DC: US Census Bureau, 2019) [PDF file]. kets. Creatively using social media 3 For the purposes of this commentary, “Latinx” to geotarget messaging may also raise is used interchangeably with the terms “His- awareness and enthusiasm within the panic” and “Latino.” Latinx community.32 4 California Complete Count – Census 2020 * Full funding assurance. Achiev- (California Census 2020) [PDF file]. ing a full count will require a variety 5 Michael Wines and Joes A. Del Real, “In 2020 Census, Big Efforts in Some States. In Others, of outreach methods to speak to hard- Not So Much,” New York Times, updated to-count populations. For that reason, 17 December 2019, https://www.nytimes. federal and state governments must com/2019/12/15/us/census-california-texas-un- increase funding for the Census, dercount.html. which will help ensure there are 6 “Hispanic Heritage Month 2019,” US Census sufficient funds for paid media and Bureau, 20 August 2019, https://www.census. gov/newsroom/facts-for-features/2019/hispan- for part-time Census takers to follow ic-heritage-month.html. up with residents who have not yet 7 William O’Hare, Deborah Griffin, and Scott responded to the Census. Konicki, Investigating the 2010 Undercount of The 2020 Census will prove to Young Children – Summary of Recent Research be a pivotal moment for the Latinx (Washington, DC: US Census Bureau, 2019) community to define themselves as [PDF file]. 8 William o’Hare et al., “The Invisible Ones: well as provide an opportunity for How Latino Children Are Left Out of Our Na- the Latinx community to secure eq- tion’s Census Count,” Child Trends, 26 April uitable representation and resources. 2016, https://www.childtrends.org/publications/ By being counted, Latinx people the-invisible-ones-how-latino-children-are-left- increase their visibility among power out-of-our-nations-census-count. structures, forcing their needs and 9 Antonio Flores, “2015, Hispanic Population in the United States Statistical Portrait,” wants to be considered. The fate of Pew Research Center, 18 September this community’s future rests on the 2017, https://www.pewresearch.org/his- actions it takes today. panic/2017/09/18/2015-statistical-informa-

Volume 32 | 2020 15 tion-on-hispanics-in-united-states/. 21 Kelly Mathews et al., “2015 National Content 10 A Community Speaks: A Report of the National Test: Race and Ethnicity Analysis Report,” Latino Commission on Census 2020 (NALEO US Census Bureau, 28 February 2017, https:// Educational Fund, 2019) [PDF file]. www.census.gov/programs-surveys/decenni- 11 “American Fact Finder,” US Census Bureau, al-census/2020-census/planning-management/ accessed 15 January 2020, https://factfinder. final-analysis/2015nct-race-ethnicity-analysis. census.gov/faces/tableservices/jsf/pages/pro- html. ductview.xhtml?src=bkmk. 22 “Commerce Department’s Adminis- 12 Flores, “2015, Hispanic Population in the trative Record For Census Citizenship United States Statistical Portrait.” Question Lawsuits,” NPR, https://apps. 13 Jeffrey S. Passel and D’Vera Cohn, “Mexicans npr.org/documents/document.htm- decline to less than half the U.S. unauthorized l?id=4500011-1-18-Cv-02921-Administra- immigrant population for the first time,” Pew tive-Record. Research Center (blog), 12 June 2019, https:// 23 “Commerce Department’s Administrative www.pewresearch.org/fact-tank/2019/06/12/ Record,” NPR. us-unauthorized-immigrant-population-2017/. 24 Matthew A. Baum et al., Estimating the 14 “Title 13, U.S. Code | History,” US Census Effect of Asking About Citizenship on the U.S. Bureau, n.d., https://www.census.gov/history/ Census: Results from a Randomized Controlled www/reference/privacy_confidentiality/ Trial (Cambridge, MA: Shorenstein Center on title_13_us_code.html. Media, Politics and Public Policy, 2019) [PDF 15 Miriam Jordan and Caitlin Dickerson, “As file]. Trump Threatens Deportations, Immigrant 25 Baum et al., Estimating the Effect of Asking Communities Brace for New Arrests,” About Citizenship on the U.S. Census. New York Times, 18 June 2019, https://www. 26 “SNAP Helps Millions of Latinos,” Center nytimes.com/2019/06/18/us/immigra- on Budget and Policy Priorities, updated 26 tion-raids-fear-families.html. February 2018, https://www.cbpp.org/research/ 16 A Community Speaks (NALEO Educational food-assistance/snap-helps-millions-of-latinos. Fund). 27 “WIC 2015 Eligibility and Coverage 17 “2020 Census: Renters,” US Census Bureau, Rates,” US Department of Agriculture, 25 26 February 2020, https://www.census.gov/ April 2018, https://www.fns.usda.gov/wic/ newsroom/press-kits/2020/2020-census-renters. wic-2015-eligibility-and-coverage-rates. html. 28 Katherine Ralston et al., The National School 18 “Internet/Broadband Fact Sheet,” Pew Lunch Program Background, Trends, and Issues Research Center, 12 June 2019, https:// (economic research report no. ERR-61; Wash- www.pewresearch.org/internet/fact-sheet/ ington, DC: US Department of Agriculture, internet-broadband/. 2008) [PDF file]. 19 A Community Speaks (NALEO Educational 29 “Medicaid & CHIP,” Kaiser Family Founda- Fund). tion, n.d., https://www.kff.org/state-category/ 20 Jorge González and Robert Santos, “Separat- medicaid-chip/medicaid-beneficiaries/. ing Race from Ethnicity in Surveys Risks an 30 Christine Coyer and Genevieve M. Kenney, Inaccurate Picture of the Latinx Community,” “The Composition of Children Enrolled in Urban Wire (blog), https://www.urban.org/ Medicaid and CHIP: Variation over Time urban-wire/separating-race-ethnicity-sur- and by Race and Ethnicity,” Urban Institute, veys-risks-inaccurate-picture-latinx-community. 29 March 2013, https://www.urban.org/

16 Harvard Kennedy School Journal of Hispanic Policy research/publication/composition-chil- dren-enrolled-medicaid-and-chip-varia- tion-over-time-and-race-and-ethnicity. 31 Eileen Patten, “The Nation’s Latino Population Is Defined by Its Youth,” Pew Research Center, 20 April 2016, https://www.pewresearch.org/ hispanic/2016/04/20/the-nations-latino-popula- tion-is-defined-by-its-youth/. 32 A Community Speaks (NALEO Educational Fund).

Volume 32 | 2020 17 Feature Still Unrepresented: A 10-Year Look at the Diversity Crisis on Capitol Hill

Congressional Hispanic Staff Association

The Congressional Hispanic Editor’s Note: Staff Association (CHSA) is an The Harvard Kennedy School Journal official, nonpartisan, bicameral of Hispanic Policy published a report prepared by CHSA titled “Unrepre- congressional staff organization, sented: A Blueprint for Solving the recognized by the Committee Diversity Crisis on Capitol Hill” in on House Administration, whose Volume 22 in 2010. Ten years later, mission is to recruit, retain, and we partnered again with CHSA to advance Hispanic staffers in the update the report and publish it on our pages. US Senate and US House of Representatives. For three decades, CHSA has served as a professional Abstract development catalyst, peer support A decade ago, the Congressional Hispanic Staff Association (CHSA) system, and personal enrichment released a groundbreaking report, organization for numerous Latino “Unrepresented: A Blueprint for Solv- congressional staffers. Today, ing the Diversity Crisis on Capitol CHSA continues to push for more Hill.” The 2010 report found that diversity on Capitol Hill. Latinos were drastically underrepre- sented in the Senate and House of Representatives, especially among

18 Harvard Kennedy School Journal of Hispanic Policy senior positions. The report made Latinos for only 3.7 percent of their several recommendations to improve top positions, and newly elected House diversity so that the halls of Congress members hired Latinos for only 6.5 would look more like the America it percent of their senior staff. represents. There were several positive steps taken over the past decade to im- “There is a crisis afflicting prove diversity on Capitol Hill. Senate Democrats have led the way with Capitol Hill.” – 2010 CHSA establishing a robust diversity office, Report and the result has been a significant increase in Latinos breaking into There have been some positive senior positions. Senate Democrats developments over the past decade, started collecting demographic data with Latinos making up a greater in 2017. The House of Representa- portion of congressional staff than ever tives has followed suite, with House before. In the House, Latinos have Democrats establishing a diversity grown from making up 5.8 percent office in 2017. In 2019, Democrats of all staff to 12.2 percent. There are and Republicans in the House es- now more Latinos in senior positions tablished the Office of Diversity and in the Senate, and more Latinos are Inclusion to work for both parties and being hired for entry-level positions. conducted a House-wide diversity However, the diversity crisis re- compensation study. mains. Latinos, who make up nearly The diversity offices are making a one in every five Americans, are still positive difference, but much more drastically underrepresented among work remains to have a congressio- senior positions and on key commit- nal staff makeup that embodies all tees. There are no Latino staff direc- Americans. Enacting CHSA’s recom- tors in the Senate. There is almost mendations in this report will help no Democratic Latino staff on the address the diversity crisis. Together, three top Senate committees. In the we can help Congress better reflect House, the number of Latino chiefs and serve America of staff would have to increase more than five times to be representative Introduction of the nearly one in five Americans Policies impacting all Americans are of Latino descent. decided in a Congress where Latinos Unfortunately, looking at the newly are largely absent from top-level staff elected members provides little opti- positions. Nearly one in every five mism. Newly elected Senators hired Americans is Latino, but Congress

Volume 32 | 2020 19 gets few Latino perspectives on critical Senate decisions affecting our communities, our economy, and whether we are at Senate Personal Offices war or peace. There has been some progress in Ten years ago, CHSA released the having more Latinos among top-lev- report “Unrepresented: A Blueprint el staff in Senate personal offices. for Solving the Diversity Crisis on In the Senate, there are now three Capitol Hill,” exposing the lack of Latino Senate Democratic chiefs Latinos on the Hill. Over the past of staff, three deputy chiefs of staff, decade, many positive steps were taken four legislative directors, and three to ensure that congressional staffing communications directors. While this is more reflective of the American is still far short of being equitable, it public. Senate leaders like Senators signals some progress from ten years Harry Reid and Chuck Schumer have ago, when Latinos were almost com- led the way in establishing a Senate pletely absent from these positions. Diversity Initiative and in starting to track and publicize data. The Rooney 2010 201516 2020 Rule (diversity) principals have been Chiefs of Staff 1 3 3 encouraged amongst Senate Demo- crats and more recently in the House. Deputy Chief of Staff 0 1 3 The House has created a diversity Legislative Director 1 3 417 office for both parties, and funding has Total 2 7 10 been allocated to pay personal office interns in the House and the Senate. Senior Staffing among Senate offices, 2010–2020 These efforts are commendable and should be applauded. In 2015, the 54-seat Republican More Latinos than ever are on majority had four senior staff who the Hill in entry-level and junior were Latino versus only three for positions. However, the crisis remains. Democrats. Five years later, Dem- Latinos remain largely absent from ocrats now have ten senior staffers, top senior-level positions and key a tripling of their 2015 mark. This committee positions. The data are suggests that Democratic efforts to clear: Latinos are almost completely increase diversity are paying off and shut out from senior staff positions should be adopted across the aisle. on Capitol Hill. This report focuses While these gains warrant recog- on Latinos, but other minorities are nition, Latinos are still drastically also being denied a seat at the table underrepresented, and more work where key policy decisions are made. remains ahead of us. If staffing re-

20 Harvard Kennedy School Journal of Hispanic Policy flected the population of the Ameri- did not collect committee data in its can public, there would be 18 Latino 2010 report. However, a 2015 Joint chiefs of staff instead of only 3. Center study found there was not a A 2015 study by the Joint Center single Latino among the 39 Republi- for Political and Economic Studies can and Democratic committee staff (Joint Center) found that out of 336 directors. Five years later, nothing has top US Senate staffers (chiefs of staff, changed. If representative of the na- legislative directors, communications tion’s Latino population, there should directors, and staff directors), only 7 be at least 7 Latino staff directors, but were Latinos. This is only 2.1 percent not one of the 39 Republican and of senior-level staff for a population Democrat staff directors of full Senate that compromised 17.6 percent of committees was Latino at the start of the total US population at that time. 2020. Furthermore, there are also Overall, only 24 of the top Senate no African American staff directors. staffers were people of color (POC). Senate Democrats have collected 2015 2019 and released general diversity data Latino Staff Directors 0 0 for personal offices in July of 2017, 2018, and 2019, but so far, we are Senate Latino Committee Staff Directors, 2015–2020 not seeing much improvement. Out of the 43 Senate Democratic senators The data collected and publicized serving from 2017 through 2019, by Senate Democrats showed only 2 less than half have improved upon out of 18 Democrat-staffed commit- the percentage of Latinos in their tees to have Latinos near or above office. In fact, 19 Senate offices have the 18 percent that would reflect had a decrease in the percentage of the Latino general population. The staff that are Latino, while 4 offices Senate Committee on Indian Affairs, maintained the same percentage, led by Senator Tom Udall (D-NM), including two offices that had no has a staff that is 29 percent Latino, Latinos in 2017, and still had no and the Special Committee on Aging, Latinos two years later. Unfortunate- led by Senator Bob Casey (D-PA), ly, Senate Republicans do not collect has a staff that is 20 percent Latino. data on diversity, so we do not know Five Senate committees have whether they are improving. no Democrat Latino staff at all. These includes some of the most Senate Committees powerful committees: Agriculture, Committee staff play a critically im- Armed Services, Banking, Finance, portant role in shaping policy. CHSA and Rules.1 According to the Senate

Volume 32 | 2020 21 Democratic survey, the Agriculture, All "A" 2017 2018 2019 Total Armed Services, Banking, and Rules committees committees have not had a Latino Agriculture, Democrat staffer for three consecutive Nutrition, and 0 0 0 0 years, since at least 30 June 2017. Forestry The Agriculture, Armed Services, Appropriations 0 0 5% 1.7% and Rules committees also lacked Armed Services 0 0 0 0 a single Democrat staffer who was Banking, African American. Housing, and 0 0 0 0 Senate Democrat Caucus rules Urban Affairs designate three committees as “Su- Commerce, per A” committees: Appropriations, Science, and 4% 4% 7% 5.0% Transportation Armed Services, and Finance.2 But Latinos are largely absent from the Energy and Natural 27% 14% 11% 17.3% three committees designated to be Resources the most important by Democratic Finance 4% 0 0 1.3% leaders. Between 30 June 2017 and Foreign Affairs 8% 7% 7% 7.3% 30 June 2019, Latinos have made up only 1 percent of staff of the top Health, Education, 11% 7% 14% 10.7% Super A committees. Labor and Pensions

Super A Total Homeland 2017 2018 2019 Security and Committees (average) 4% 4% 3% 3.7% Governmental Appropriations 0 0 5% 2% Affairs Armed Services 0 0 0 0 Judiciary 12% 9% 13% 11.3% Finance 4% 0 0 1% Total 6.4% 4.1% 5.5% 5.3%

Total 1% 0 2% 1% Democratic Latino Staff on Senate “A” Committees, 2017–2019 Democratic Latino Staff on “Super A” Committees, 2017–2019 There is no substantive data col- lected on the Senate Republican Looking at all the A committees, committees, but anecdotal evidence Latinos made up only 5.3 percent suggests Republicans fair no better of these important policy positions, when it comes to hiring Latinos. On including a decline of nearly 1 per- both sides of the aisle, the number cent from 2017 to 2019. Latinos are of Latinos making policy on Senate simply not in the room where policy committees is abysmally low. Put decisions happen. simply, Latinos are not proportionally represented in the room where key If Latino staffing reflected the per- policy decisions happen. centage of Latinos in America, there would be nearly 80 Latino chiefs of House of Representatives staff in the House. According to the 2019 House Em- ployment Survey, Latinos made up an 2009 2020 estimated 12.2 percent of all House Chiefs of Staff 12 18 3 Staff. This more than doubles the Legislative Director 9 19 5.6 percent of House staff estimated If proportional to Latino 67 80 to be Latino in the 2009 House em- percent of population ployment survey. Democratic Latino Staff on Senate “A” Committees, 2017–2019

The Joint Center for Political and Economic Studies examined diversity among all chiefs of staff, legislative directors, and communications direc- tors in September 2018 and found that only 45 Latinos among these Latino Staff in the House of top 1,100 positions, or 4.1 percent.4 Representatives, 2009–2019 However, the 2019 House Em- CHSA’s 2010 report found that ployment Survey found slightly larger Latinos were drastically underrep- numbers for these positions. They resented in senior positions in the found that Latinos made 7.1 per- House. Out of the 440 elected con- cent of all House chiefs of staff and gressional members, only 12 had deputy chiefs of staff, 8.3 percent of Latino chief of staffs, and only 9 had legislative directors, and 11.4 percent legislative directors. If Latinos were of communications directors.5 The hired in proportion to the population survey also found that Latinos make at the time, there would have been up 6.6 percent of professional staff on 67 Latino chiefs of staff and another House committees. 6 Looking at staff 67 legislative directors. directors and deputy staff directors, The 2010 report was hopeful we Latinos made up 4 percent. could close the gap. There has been The House has taken several im- an increase in Latino chiefs of staff portant steps recently that could pay and legislative directors, but this has dividends over the coming years. In not even kept pace with the increase 2017, the House Democratic Caucus of Latinos in the general population. adopted a diversity initiative as part of

Volume 32 | 2020 23 their Caucus rules, and they hired a Republicans and two Democrats. The diversity director in November of that new senators represent states includ- year to start ramping up this effort. ing Arizona (31.6 percent Latino8), In 2019, a House Office of Diversity Nevada (29 percent9), and Florida and Inclusion was created as part (26.1 percent10), where Latinos make of the House rules package. Both up over a quarter of the general pop- Democratic and Republican staff were ulation. The Joint Center found that hired to focus on each party and with out of the nine offices, not a single the intent to hire additional staff to chief of staff was Latino, not a single focus on recruitment and leadership legislative director was Latino, and development on a bipartisan basis. only one of the communications di- This office helped conduct the 2019 rectors, hired by Nevada Democratic House survey of offices, but delays Senator Jacky Rosen, was Latino.11 have so far prevented efforts to fully Overall, this means that Latinos made staff up. up just 3.7 percent of senior position Similarly, the House Democratic hires for freshman Senate offices. Caucus has included a diversity rule in Hires of Latino their rules but have yet to fully imple- Total Position Latino Percentage Hires ment it. CHSA understands that it takes Decent of Hires time to get offices set up and running to Chief of Staff 0 9 0.0% see the full impact. We applaud House Legislative 0 9 0.0% Speaker Nancy Pelosi, House Leader Director Kevin McCarthy, and their House Communications 1 9 11.1% colleagues for setting up the House Director Office of Diversity and Inclusion and Total 1 27 3.7% urge them to move forward as quickly as possible to fully implement and staff Senior Latino Hires Newly Elected Senate Offices, 2019 this important office.7 The House had 92 newly elected New Members members, including 6 newly elected Newly elected members can serve Latino members. Out of these 92 fresh- as bellwethers for efforts to increase men members, only four chief of staffs, diversity. They must hire an entire seven legislative directors, and seven office staff upon taking office, whereas communications directors were hires returning members only hire period- of Latino decent. Only 4.3 percent of ically when positions open. chiefs of staff for new members were There were nine newly elected sen- Latino, and only 6.5 percent of all new ators sworn into office in 2019—seven senior hires were Latino.12

24 Harvard Kennedy School Journal of Hispanic Policy Hires of Latino Diversity and Inclusion was passed Total Position Latino Percentage into law but has not yet been fully Hires Decent of Hires implemented. This office should be Chief of Staff 4 92 4.3% made permanent and fully funded. Legislative 7 92 7.6% Director Recommendation 2: Commit Communications to Systematic Ongoing 7 92 7.6% Director Demographic Data Collection Total 18 276 6.5% In 2017, Senate Democrats were the first to start collecting annual demo- Senior Latino Hires Newly Elected House Offices, 2019 graphic data and making them public; the House conducted a bipartisan sur- Latinos are still unrepresented in vey in 2019. This has provided useful senior positions even with new offices. information, but CHSA recommends Latino senior staffers can aid these committing to systematic and ongoing offices in their ability to understand demographic data collection. Latino priorities and concerns. Yet, the Rather than having surveys that stark lack of Latinos in key positions require staff to respond annually, we hinders Senate and House offices’ recommend collecting demographic efforts to represent the best interests data when staffers are hired. This of their constituents. would increase the data accuracy, ensure access to the most up-to-date Recommendations information, and save time for con- gressional staff by not requiring an Recommendation 1: annual survey. Diversity Offices Should The rest of the federal government Be Fully Funded, Staffed, collects data in this way, getting the and Supported demographic information when the Senate Democrats have so far set individual is first hired and then keep- the bar with their diversity office in ing a running tally. This results in operation for over a decade now. More better, completely up-to-date informa- positive results could be achieved if tion with much less effort. Congress additional funding allowed Senate should follow this example and collect Democrats to amplify their efforts. demographic data upon hire. Republican Senate Leader Mitch Additionally, it is critical that data McConnell should create a similar released include a breakdown for office for Senate Republicans. On entry-level, mid-level, and senior staff. the House side, the House Office of Surveys should differentiate between a

Volume 32 | 2020 25 paid intern and a chief of staff. Ideally, members who put their lives at risk this information would be broken for this country.13 Committees serve down by position. At minimum, survey the entire Caucus and should reflect results should include at least three the American public they serve. There categories: senior staff, mid-level staff, is no excuse in the year 2020 for key and entry level/intern. This could be committees to lock out Latinos and done through position title, or even other minorities. through salary, which serves as a good proxy for seniority and influence in Recommendation 4: Adopt a an office hierarchy. More Rigorous Diversity Rule Requiring the Consideration of Recommendation 3: Candidates of Color for Open Leadership Should Intervene to Positions Ensure Key Committees Have Senate Democrats have adopted Latino Representation the Rooney Rule, which requires The absence of Latinos on the most at least one minority candidate to important committees is simply be interviewed for open positions. unacceptable. Party leaders should House Democrats have recently fol- hold chairs and ranking members lowed suite by enacting a similar accountable for ensuring their com- rule for their Caucus. Democratic mittees reflect our country and should Leadership should be applauded work with them to address this issue. for encouraging offices to interview Ultimately, party leaders should be qualified minority candidates for open prepared to remove the committee positions. However, the rule lacks chairs/ranking members if they con- enforcement mechanisms that limit tinue to lock out Latinos. CHSA does its effectiveness. not take this recommendation lightly, When CHSA released its 2010 but such a drastic step is necessary if report, it held a panel discussion committees continue shutting out that included a member of the Fritz minorities. Pollard Alliance (FPA), the nonprof- For example, the Senate Armed it dedicated to increasing diversity Services Committee has about 50 staff among NFL coaches. The Rooney overall divided between Republicans Rule came from the NFL, and the and Democrats. It is unacceptable for FPA worked to enforce it and make either side of the aisle to lack a Latino sure it was effective. Even good-in- voice on this committee, especially tentioned rules will not be effective considering that Latinos make up 17 if they are not being followed. The percent of active-duty enlisted service alliance worked with the NFL to

26 Harvard Kennedy School Journal of Hispanic Policy strengthen the effectiveness of its rule those opportunities to people of more by making three changes effective in privileged backgrounds. Latinos from December 2018. working-class backgrounds are limited The first change ensured the club’s by unpaid internships and expensive final decision maker, often the owner, school internship programs. Paying was involved throughout the process, interns is critical to leveling the play- including in the interview with mi- ing field and allowing more Latinos nority candidates. The second was to the chance to experience working on eliminate the “in-house end-around” Capitol Hill. loophole, so that a team was required In 2018, a group of bipartisan to interview at least one candidate legislators created a $14 million of color from a list of candidates congressional fund to pay interns. developed with the FPA or outside This was a great first step, but the of the organization. This prevented fund is currently only for personal clubs from interviewing a low-level offices—it should be expanded to staff of color at their club merely to include committees and district of- comply with the rule. Finally, the fices. Additionally, offices should be commissioner has been more involved helped with improving their outreach in enforcing the rule and was given to diverse communities. Including more power to penalize clubs that up-to-date information on their web- did not comply. sites would be a good start. In 2019, We recommend that Republicans Pay Our Interns (POI) conducted a adopt and implement the Rooney review on how House offices were Rule or a similar diversity rule for open advertising their internships and positions and that Democrats improve found that only 9 percent of House the implementation and oversight. offices advertised that they offer paid We also encourage member offices internships. and committee to utilize CHSA to promote vacancies and solicit resumes Recommendation 6: Increase for openings in their offices. the Budget Allocation to Legislative Branch Recommendation 5: Pay All Appropriations and Members’ Interns, Including Committee Representational Allowances and District Interns Legislative branch staffing has shrunk Many Hill staffers start out as interns. by about 20 percent since 1995, and Requiring an unpaid internship in spending on Congress has declined one of the most expensive places to from 0.85 percent to 0.81 percent of all live in the United States will limit non-defense discretionary funding from

Volume 32 | 2020 27 2012 to 2019.14 This not only means Congressional Hispanic Staff Congress is less equipped to analyze Association (CHSA) policy, make decisions, and conduct Since releasing the 2010 report, oversight but also that Congress can CHSA has continued to advocate for struggle to attract and retain minority the hiring and promotion of Latinos candidates. It is time for Congress to into more senior positions. The staff stop starving itself of resources and to association has an email bulletin of fully fund itself to ensure a diverse and available Hill jobs and an online highly qualified staff. resume bank and has conducted a series of networking events and Recommendation 7: Offices skill-development workshops. In 2018, Should Work with the Diversity it launched a senior staff training Offices to Create Individual program for Tri-Caucus members, Diversity Plans which then evolved into the Staff Nearly all businesses and federal Up Congress training initiative led agencies have trained staff dedicated by NALEO and the Joint Center. to recruiting, screening, and hiring CHSA also has a placement com- candidates, but most congressional mittee that works individually with offices conduct their hiring in a Latino candidates to help them get more ad hoc fashion. Many differ- hired and promoted. ent employees could be involved who lack any training or experience National Association of Latino on how to find a diverse range of Elected Officials (NALEO) quality candidates. Having offices NALEO encompasses more than work individually with the diversity 6,700 Latino elected and appointed offices on their hiring plans will officials and includes Republicans, allow them to think comprehensively Democrats, and Independents. In about their hiring process and make November 2017, NALEO launched improvements to help them make Staff Up Congress, a national initia- better hires. tive to build a representative con- gressional workforce by working to Organizations Working to grow the pool of candidates of color Bring More Latinos to the Hill for senior positions; develop candi- Congress does not have to solve this dates’ skills and networks; build a problem alone. There are many or- sustainable pipeline of candidates ganizations working hard to end the from the entry level to the chief of Capitol Hill diversity crisis. staff; and urge hiring managers to actively consider, recruit, and hire

28 Harvard Kennedy School Journal of Hispanic Policy in an inclusive manner. Congressional Hispanic NALEO’s Staff Up Academy is a Caucus Institute (CHCI) professional-development program For more than 40 years, CHCI has with three tracks: one for individuals tried to develop the next generation seeking legislative director positions, of Latino leaders by providing lead- one for those seeking top communi- ership-development programs and cations positions, and one for those educational services to students and seeking chief-of-staff positions. Each young emerging Latino leaders. It track consists of multiple sessions has a spring, summer, and fall se- that bring together a bipartisan group mester paid internship program with of junior staff who are interested in placements on the Hill, exposing pursuing top positions, with veteran hundreds of young Latinos to Con- staff who have expertise with respect gress every year. They also have a to the skills, competencies, or issues paid fellowship program for college being discussed at the sessions. undergraduate and graduate students. NALEO has created a guide of All their programs include a weekly best practices for fostering a diverse training session. CHCI has been very and inclusive workplace in Congress successful in getting Latinos hired on and another guide to why every con- the Hill. A total of 56 CHCI alumni gressional office should cultivate staff are currently congressional staffers, diversity. Both guides can be found including two chief of staffs and five as attachments to this report. legislative directors.15

The Joint Center for Political Congressional Hispanic and Economic Studies Leadership Institute (CHLI) The Joint Center has played a leading The Congressional Hispanic Lead- role in pushing for greater diversity ership Institute (CHLI) was founded on the Hill. It has done numerous by members of Congress to advance analyses and studies on the topic. This the Hispanic community’s economic report used a lot of the Joint Center progress. CHLI’s focus is on global data in our analysis. The Joint Center competitiveness and social responsibil- helped launch the Staff Up Academy ity. It leads a 15-week-long internship with NALEO. It has also advocated program for undergraduate students for several of these recommendations called the CHLI Global Leaders through meetings with members of Fellowship. The fellows are placed in Congress, and through penning ar- congressional and corporate legislative ticles and op-eds. affairs offices in Washington, DC.

Volume 32 | 2020 29 Pay Our Interns (POI) and housing at no cost. As part of the Pay Our Interns (POI) was founded program, it offers series of trainings in 2016 by two Latinos who worked and multiple excursions, including as unpaid interns on Capitol Hill. tours of federal buildings and agen- POI is focused on ensuring that all cies and meetings with key staff and people, regardless of their background government officials. or location, have equitable access to professional career paths through the Conclusion implementation of paid internships. The past decade has seen some posi- It released a report in June 2017 en- tive steps forward to ensuring Latinos titled “Experience Doesn’t Pay the are better represented on Capitol Hill. Bills,” providing a policy roadmap for But there is still a lack of diversity, Congress to address this issue. In 2018, especially among senior positions and POI convinced a group of bipartisan on key committees. We applaud the legislators to convene and approve leadership of the Senate Democrats $14 million for a congressional fund. and the recent bipartisan efforts in Since then, it has created a guideline the House of Representatives. These targeting congressional offices on how efforts will make a positive difference to operationalize equitable internship over time but are not enough with- programs and launched a public en- out additional actions. Adopting the gagement campaign called Reflect Us. recommendations of this report will The goal of Reflect Us is to inform help ensure this diversity crisis address communities of color about this new in the next decade. funding and provide instructions on how to take advantage of it. Its work has led to the creation of over 5,000 Endnotes paid internships. 1 “Diversity Among U.S. Senate Democratic Staff on June 30th, 2019,” Senate Demo- POC Capitol Interns crats, https://www.democrats.senate.gov/ about-senate-dems/diversity-initiative/ In 2017, the Rocky Mountain Black democratic-staff-survey-results-2019?utm_ Conservatives launched POC Cap- source=Master+List+All+Subscribers&utm_ itol Interns to offer minority college campaign=f1d0781e53-EMAIL_CAM- students internships on Capitol Hill PAIGN_2019_07_10_05_49&utm_me- with Republican offices. POC Capitol dium=email&utm_term=0_73b916b996- f1d0781e53-88092005&mc_cid=f- Interns offers paid summer internships 1d0781e53&mc_eid=0d960de325. with placements in Congressional 2 “Rules of the Senate,” United States Commit- offices and think tanks. In addition tee on Rules & Administration, https://www. to being paid, it offers a travel stipend rules.senate.gov/rules-of-the-senate.

30 Harvard Kennedy School Journal of Hispanic Policy 3 Chris Marquette, “House employee survey Modernization of Congress, 9 September shows discontent with pay,” Roll Call (blog), 2019. 27 September 2019, https://www.rollcall. 15 List provided by CHCI. com/2019/09/27/house-employee-survey- shows-discontent-with-pay/. 4 Bridget Bowman, “House members are more diverse, but does the same go for staff?” Roll Call (blog), 25 January 2019, https://www. rollcall.com/2019/01/25/house-members-are- more-diverse-but-does-the-same-go-for-staff/. 5 2019 House of Representatives Compensation and Diversity Study Report: Member, Commit- tee, and Leadership Offices (Chief Adminis- trative Officer, US House of Representatives, 2019) [PDF file]. 6 2019 House of Representatives Compensation and Diversity Study Report (US House of Representatives). 7 CHSA joint letter with Tri-Caucus Staff Associations urging the House Democratic Caucus to implement the diversity rule, avail- able at https://drive.google.com/file/d/1eXX- 3RUDW1eFrmS8ijdRginasePbJ_YQn/ view?usp=sharing. 8 “Arizona | QuickFacts,” US Census Bureau, n.d., https://www.census.gov/quickfacts/AZ. 9 “Nevada | QuickFacts,” US Census Bureau, n.d., https://www.census.gov/quickfacts/NV. 10 “Florida | QuickFacts,” US Census Bureau, n.d., https://www.census.gov/quickfacts/FL. 11 Joint Center, “Joint Center Tracker of Racial Diversity of Top Staff Hires in 116th Congress,” Joint Center for Political and Economic Studies, 13 December 2018, https://jointcenter. org/joint-center-tracker-of-racial-diversity-of- top-staff-hires-in-116th-congress/. 12 Joint Center, “Joint Center Tracker of Racial Diversity.” 13 Rafael Bernal, “Latinos aren’t reaching top military positions, study shows,” The Hill, 22 July 2018, https://thehill.com/latino/398139-lati- nos-arent-reaching-top-military-posi- tions-study-shows. 14 NALEO letter to Select Committee on the

Volume 32 | 2020 31 Feature FinTech: Means to Inclusive Economic Development?

Sharon Velasquez

Sharon Velasquez is the proud Lead California, the state’s first po- daughter of Mexican immigrants and litical action committee dedicated to a first-generation college graduate. helping Latinas run for office. Sharon She is passionate about advancing obtained her BA in English literature equitable economic development and public affairs from UCLA and is inclusive of communities of color as an alumnus of Hispanas Organized for well as consumer and small business Political Equality and New Leaders protections. A policy advocate, Sharon Council. has extensive experience working with state and federal legislators, Abstract financial regulators, and the private Financial technology lenders, sector on increasing investments in commonly known as FinTech, are formerly redlined communities. In nonbank institutions that have rev- 2018, she was critical in passing Cal- olutionized our financial system. In ifornia Senate Bill 1235, the nation’s this white paper, FinTech exclusively first truth-in-lending act for small refers to online small business and businesses. Sharon has spoken about mortgage lenders operating through community reinvestment at numerous digital platforms. This paper finds conferences across the country and has that FinTech provides the possibility been published in platforms including of benefits including expedient loan Shelterforce and Capitol Weekly. decisions, alternative creditworthiness Sharon is currently pursuing her measures, and an expansion of credit master in city planning at the Massa- to the unbanked and underbanked.1 chusetts Institute of Technology. She However, concerns including fair serves as board member for Latinas lending, algorithm use, and lack of

32 Harvard Kennedy School Journal of Hispanic Policy data collection may severely detract lending are specifically chosen given from the industry’s ability to equitably their significant economic develop- serve borrowers of color. Absent a ment impacts. Homeownership is the comprehensive regulatory framework, main driver of wealth building in the federal and state legislators, regulators, United States, and small businesses lenders, planners, and community are critical drivers of wealth building, organizations, must advance consumer local and regional economic growth, safeguards to control for disparate im- and employment. This paper reviews pact. Given FinTech’s increasing role academic, government, and private in economic development, planners industry publications on the following: must play a critical role in ensuring * Barriers to credit for borrowers of the development of quality products color that advance economic prosperity * Commercial and mortgage data inclusive of communities of color. Four structured interviews were conducted with the following: Research Questions * One former Consumer Financial * What are assumed benefits and Protection Bureau legal counsel and demonstrated challenges of FinTech industry consultant lending to borrowers of color within * Two economic development policy the mortgage and commercial lending leaders markets? * One domestic bank CEO partnering * What can urban planners do to with several FinTech firms advance racial equity and financial inclusion with the FinTech industry? Factors Creating FinTech Demand in Communities of Research Purpose and Color and Servicing Methods While the FinTech sector received Focus on Communities of much attention since its rise, it large- Color ly operates without an overarching The relationship between the US regulatory framework. Moreover, financial system and people of color analysis on the impacts and outcomes has been historically rife with race- of FinTech lending have only recently based exploitation and exclusion. The begun.2 This paper reviews available origins of the US economy are derived data to better understand the impact of from centuries of exploitation of First FinTech lending on borrowers of color Nations people, the enslavement of seeking small business and mortgage Africans and their descendants, and loans. Small business and mortgage colonial conquests. More recently,

Volume 32 | 2020 33 race-based social phenomena like gent on the economic circumstances Jim Crow laws, housing covenants, of communities of color. To advance mass incarceration, and redlining (the inclusive economic prosperity, public practice of denying financial services and private leaders must address racial to neighborhoods of color) severely inequality as a policy priority. It is both limited wealth-building opportunities morally and economically imperative. for people of color. These actions have critical present-day implications, Inception of FinTech Industry including the racial wealth gap and a and Outstanding Economic legacy of poverty in formerly redlined Development Needs in communities. Communities of Color Presently, a key driver of disparate The 2008 financial crisis and the wealth holdings are barriers to access- subsequent large-scale mistrust of ing basic financial services. According banks are believed to have been to the FDIC, relative to Whites, Blacks critical to the rise of FinTech. These and Latinxs are more likely to be phenomena, shifts in consumer men- unbanked and underbanked.3 Being tality, and technological innovation un- or underbanked is inconvenient created a demand for a different and expensive, as consumers pay breed of financial services. FinTech high usage fees for resorting to check leverages technology by collecting cashing, money orders, and prepaid and basing lending decisions on cards. Another key driver of disparate nontraditional data and deploying wealth is entrenched disparities in algorithmic screenings to vet appli- mortgage and small business lending.4 cants for financial products. Initially, Research indicates deep disparities the rise of FinTech was described as even when controlling for creditwor- “disruptive” to a traditional banking thiness, suggesting discrimination. model anchored to bank branches These factors cannot be discarded and brick-and-mortar institutions, as problems only those directly affected as it decentralized and democra- must grapple with. The United States tized financial services from bank reached record economic inequality monopolies.7 in 2016, and studies determine that In low- and moderate-income increasing inequality hinders strong communities (LMIs), which are more national economic growth.5 More- likely to be populated by people over, the United States is projected of color, demand for FinTech was to become a majority-minority nation partially facilitated by bank branch by 2045.6 It is clear that the nation’s closures after the 2008 financial ability to thrive is increasingly contin- crisis. According to the National

34 Harvard Kennedy School Journal of Hispanic Policy Community Reinvestment Coalition Latinxs, and 1 percent to American (NCRC), between 2008 and 2016, Indians. Alternatively, 48 percent went metropolitan areas across the United to Whites. These allocations do not States lost 15–25 percent of their vary drastically year to year. bank branches.8 NCRC emphasizes Access to mortgage lending fares the disparity in economic impact for no better for borrowers of color, as re- LMI neighborhoods and communi- search demonstrates racial disparities ties of color. NCRC’s findings align in mortgage lending. Most recently, with a 2016 Federal Reserve study investigative journalism determined that found that residents of low-in- that Blacks, Latinxs, Asians, and Na- come census tracts are 80 percent tive Americans are more likely to be more likely to live in a banking des- denied a conventional mortgage than ert than residents of higher-income Whites.10 Borrowers of color must also tracts. Moreover, bank closures create grapple with a home-purchase process financial service voids that lead to compounded with discrimination and an overreliance on expensive fringe inequality.11 lenders, such as check cashing firms, These outstanding economic de- pawn shops, and payday lenders, velopment needs in communities by low-income and communities of color, their historically poor ex- of color. These institutions do not perience with banks, the expensive offer mortgages and small business implications associated with opening loans, which are critical to economic and maintaining bank accounts, and development. the implosion of our financial system, According to an MIT study, after among other factors, cultivated de- a bank branch closure, declines in mand for FinTech services. small business lending are highly localized, persist after the entry of Expected Benefits and a new bank, and concentrate in Documented Outcomes of low-income and high-minority neigh- Mortgage and Small Business borhoods.9 Following the financial FinTech Lending crisis, the largest banks also largely FinTech casts itself as an expedient retreated from small-dollar business and accessible alternative for the loans, which entrepreneurs of color underserved, including borrowers tend to pursue. Even the flagship of color, the unbanked, and under- 7A loan from the SBA is largely banked. The array of FinTech lend- inaccessible to them. According to ing’s expected benefits include: SBA disclosures, in 2019, 4 percent * Fast if not immediate response to of loans went to Blacks, 7 percent to loan requests

Volume 32 | 2020 35 * Greater access to credit However, this market expansion * Lower costs to borrowers raises concerns. A 2019 study deter- * No bias in lending mined that online firms discriminate The following section reviews 40 percent less than face-to-face loan documented outcomes of FinTech officers in mortgage-application ap- small business and mortgage lending. proval and denial rates.14 The same study finds that, conditional on re- FinTech Mortgage Lending ceiving a mortgage, discriminatory Thanks to the Home Mortgage Disclo- loan pricing follows: Black and Latinx sure Act, there is robust mortgage data borrowers pay $765 million in extra collection. These data have shed light interest per year. on nonbanks’ significant impact on the mortgage market, including FinTech. FinTech Small Business Research indicates nonbanks play an Lending increasing role in mortgage markets. It is extremely challenging to obtain For instance, in Q4 of 2017, FinTech small business lending data due to Quicken Loans made $25 billion in the lack of implementation of Sec- mortgages, surpassing Wells Fargo’s tion 1071 of the 2010 Dodd–Frank $23 billion over the same period.12 As Wall Street Reform and Consumer of 2018, Quicken became the nation’s Protection Act. Limited available largest residential lender. datasets are used to approximate Fin- In California, a majority-minority Tech lending to borrowers of color: state, nonbanks have grown to domi- the Federal Reserve 2019 Employer nate certain regional markets, such as Small Business Credit Survey and home-purchase mortgage markets in 2017 Report on Minority-Owned Fresno and Long Beach. Both cities’ Firms and congressman Cleaver’s populations are majority people of 2018 FinTech Investigative Report. color. In California 2015, five of the top ten home-purchase lenders were 2019 Federal Reserve Small nonbanks, and in Oakland and Long Business Credit Survey (SBCS) Beach, six of the top ten home-pur- The SBCS tracks the financial needs chase lenders were nonbanks. In and borrowing experiences of small Fresno, nine of the top 10 home businesses but does not disaggregate purchase lenders were nonbanks.13 data by race. In general, the 2019 Data indicate that nonbanks are ex- SBCS finds that the share of small tending more loans to LMI borrowers businesses who seek FinTech prod- and borrowers of color compared to ucts has risen significantly and finds traditional banks. a high level of dissatisfaction with

36 Harvard Kennedy School Journal of Hispanic Policy online lenders: highest approval rates with online * 32 percent of firms applied to Fin- lenders. Almost 70 percent of Latinx Tech, compared to 19 percent in 2016 and 51 percent of Black firms report and 24 percent in 2017 financing approvals by FinTech lend- * 54 percent of medium- and high-risk ers. Comparatively, 30 percent of entrepreneurs applied to FinTech Black and 51 percent of Latinx firms lenders, as opposed to 19 percent of received financing from large banks low-risk applicants Despite high approval rates, bor- * FinTech attraction: 63 percent, rowers of color were least satisfied with speed of decision/funding; 61 per- FinTech firms, relative to small and cent, probability of being funded; 45 large banks, due to lack of transpar- percent, no collateral required; 13 ency and high interest rates. percent, cost or interest rate * 93 percent of high-risk and 72 per- Congressman Cleaver’s cent of low-risk applicants received FinTech Investigative Report financing from FinTech Congressman Emanuel Cleaver’s Despite high FinTech approv- report studies the methods small als, 63 percent of applicants were business lenders use to prevent dissatisfied with high interest rates. discrimination.15 While the report Satisfaction with FinTech (33 percent, determines that FinTech provides a down from 39 percent in 2017) was unique opportunity for historically the lowest across financing sources, underserved communities to start including large (55 percent) and small businesses and participate in the banks (73 percent). American Dream, it advocates for congressional action to ensure that 2017 Federal Reserve Report on innovation does not unfairly target Minority-Owned Firms the financially marginalized. The The once-published 2017 Report report’s findings: on Minority-Owned Firms finds the * FinTech loans are more likely to be following: used by minority-owned companies * Black and Latinx firms tend to * Action is needed to limit unfair apply for higher-cost products and are lending practices more likely to apply to online lenders * Firms are aware that the majority compared to White-owned firms of their loans go to people of col- * Black firms apply to online lenders or, claim algorithms protect against 33 percent of the time and Latinx discrimination, but “have generally firms 36 percent of the time provided little evidence into how they * Latinx and Black firms report their are utilized to do so”

Volume 32 | 2020 37 Takeaways * Lack of algorithmic transparency: The available mortgage data suggest Algorithms are proprietary, remain that FinTech is increasing its reach to undisclosed, and are black boxes using consumers, including those of color, up to 500 data points to determine and even dominating certain regional creditworthiness, raising questions on markets. While FinTech appears to whether FinTech lenders can control discriminate less than banks during algorithms from using proxies for race. the application uptake process, dis- * Use of Big Data: Regulation has criminatory pricing follows. More not kept up with the use of big data research on the risk of discrimination or privacy vulnerabilities. Concerns in the FinTech application uptake include use of inaccurate big data and pricing processes is necessary. variables, consumers’ inability to cor- A lack of small business lending rect alternative credit profiles, privacy data makes it challenging to analyze infringement, use of proxies for race, FinTech’s lending to borrowers of and transaction and identity fraud. color. However, available research * Lack of comprehensive data col- paints an insightful picture. Minority lection/transparency: General data ownership tends to decrease a small collection, small business included, business’s prospects of receiving bank is critical given the industry’s claim of financing, and online borrowers overwhelmingly serving the financially have characteristics that make them underserved. similar to businesses that are denied * Lack of CRA obligations for Fin- bank credit.16 The data imply that Tech: There is no tool that advocates borrowers may resort to FinTech can leverage to engage FinTech firms because they cannot secure financing to comprehensively discuss communi- elsewhere. High dissatisfaction rates ty credit needs and gaps in servicing. due to high interest rates suggests * No comprehensive regulatory that increased access to credit does framework for FinTech: This creates not mean lower costs to consumers, regulatory uncertainty. as assumed. Takeaways Challenges of FinTech The data indicate concerning find- Servicing ings regarding FinTech’s ability to While FinTech seems to be a viable equitably serve borrowers of color, alternative for borrowers of color, stud- underscoring the need for a regula- ies and consumer advocates identify tory framework that addresses these challenges in FinTech’s servicing of concerns. In the case of problematic this underserved demographic. lending practices, inaction could

38 Harvard Kennedy School Journal of Hispanic Policy translate into financial harm to bor- FinTech regulatory framework; and rowers of color. * pass stronger consumer protections.

Recommendations Conclusion To advance inclusive economic devel- This paper demonstrates why urban opment, planners must play a key role planners must respond to FinTech’s in ensuring FinTech’s advancement growing role in economic develop- of products that help communities ment. The FinTech industry, poli- of color build wealth and econom- cymakers, planners, and community ic self-determination. Planners can members must mobilize to understand achieve this by incorporating the the racial equity implications of Fin- following in their policy advocacy. Tech lending. However, preliminary Encourage the CFPB to research indicates that while FinTech * preserve the disparate impact delivers on fast response rates relative standard and continue fair lending to brick-and-mortar lenders, thereby enforcement; offering ease of access to credit, it is * reinstall its Fair Lending Office its not with a lower cost to borrowers enforcement powers; and and that it may in fact be replicating * implement Section 1071 of the 2010 patterns of discriminatory lending Dodd–Frank Wall Street Reform and through algorithm and big data use. Consumer Protection Act. This raises the question of whether Encourage prudential regulators to FinTech has the potential not only * strengthen CRA and extend its to offer increased access to credit in requirements to the FinTech industry; a quantifiable sense but also, in terms and of quality, to support wealth building * embed robust community engage- for its borrowers of color. Research ment in rulemaking processes. and the lack of a federal regulatory Encourage FinTech lenders to framework suggest that more must be * pursue CFDI certification, as lend- done to ensure responsible innovation ers are held to higher standards of and inclusive economic prosperity social performance, transparency, to ensure quantity and quality in and economic development account- credit. This will ultimately determine ability; and FinTech’s promised potential: ex- * commit to “do-no-harm” policies panding access to credit and inclusive and business practices, such as algo- economic development. rithm audits. Encourage state/federal legislators to * Implement a consumer-oriented

Volume 32 | 2020 39 Endnotes Still Matter? The Effect of Closings on Local 1 Per the FDIC, the unbanked “have rarely, Economic Outcomes” (research paper, MIT, if ever, held a checking account . . . or other 2014), https://economics.mit.edu/files/10143. type of transaction or check cashing account 10 Aaron Glantz and Emmanuel Martinez, “For at an insured depository institution.” The people of color, banks are shutting the door to underbanked have “an account at an insured homeownership,” Reveal (blog), 15 February institution but . . . obtained financial products 2018, https://www.revealnews.org/article/for- or services outside of the banking system.” people-of-color-banks-are-shutting-the-door- 2 Mark Schweitzer and Brett Barkley, “Is to-homeownership/. ‘Fintech’ Good for Small Business Borrowers? 11 Elizabeth Korver-Glenn, “Compounding Impacts on Firm Growth and Customer Inequalities: How Racial Stereotypes and Satisfaction” (working paper no. 17-01, Federal Discrimination Accumulate across the Stages Reserve Bank of Cleveland, 2017). of Housing Exchange,” American Sociological 3 2017 FDIC National Survey of Unbanked and Review 83, no. 4 (2018): 627–56. Underbanked Households (Federal Deposit 12 Samanta Sharf, “Quicken Loans Overtakes Insurance Corporation, 2018) [PDF file]. Wells Fargo As America’s Largest Mortgage 4 Raymond H. Brescia, “Subprime Communi- Lender,” Forbes (blog), 5 February 2018, ties: Reverse Redlining, the Fair Housing Act https://www.forbes.com/sites/samantha- and Emerging Issues in Litigation Regarding sharf/2018/02/05/quicken-loans-overtakes- the Subprime Mortgage Crisis,” Albany Gov- wells-fargo-as-americas-largest-mortgage-lend- ernment Law Review 2, no. 164 (2009): 164–216. er/#61086d48264f. 5 Federico Cingano, “Trends in Income In- 13 Vedika Ahuja and Jason Richardson, State of equality and Its Impact on Economic Growth” Gentrification: Home Lending to Communities (working paper no. 163, OECD Publishing, of Color in California (Oakland, CA: The 2014). Greelining Institute). 6 William H. Frey, “The U.S. will become 14 Robert Bartlett et al., “Consumer-Lending ‘minority white’ in 2045, Census projects,” Discrimination in the FinTech Era,” (working Brookings (blog), 14 March 2018, https://www. paper no. 25943, National Bureau of Econom- brookings.edu/blog/the-avenue/2018/03/14/ ic Research, 2019). the-us-will-become-minority-white-in-2045- 15 Fintech Investigative Report (Office of Con- census-projects/. gressman Emanuel Cleaver II, 2018) [PDF 7 Dan Schulman, interview by Rik Kirk- file], available at: https://cleaver.house.gov/sites/ land, “Using fintech to democratize cleaver.house.gov/files/Fintech_Report_1.pdf. financial services,” video, McKinsey & 16 Schweitzer and Barkley, “Is ‘Fintech’ Good for Company, https://www.mckinsey.com/ Small Business Borrowers?” industries/financial-services/our-insights/ using-fintech-to-democratize-financial-services. 8 Jason Richardson et al., Bank Branch Closures from 2008-2016: Unequal Impact in America’s Heartland (NCRC) [PDF file], available at: https://ncrc.org/wp-content/uploads/2017/05/ NCRC_Branch_Deserts_Research_ Memo_050517_2.pdf. 9 Hoai-Luu Q. Nguyen, “Do Bank Branches

40 Harvard Kennedy School Journal of Hispanic Policy Interview Latinx Political Leadership—An Interview with California Secretary of State Alex Padilla

Natalia Chavez and Bryan Cortes

Natalia is a graduate student consultancy that strives to improve at the John F. Kennedy School neighborhoods from an urban- of Government at Harvard planning perspective. She holds University, where she is focusing a master’s in city planning from on housing, community, and Boston University and a bachelor of economic development. Prior to science in commerce from Santa graduate school, Natalia worked Clara University. as a research and policy analyst at Covered California, the health insurance marketplace under the Affordable Care Act. She also worked as a press aide for the California State Assembly, where she supported members’ Bryan is a graduate student at communication strategy and the John F. Kennedy School of outreach. She serves as the Government at Harvard University executive director of the Harvard and the MIT Sloan School of Kennedy School Journal of Hispanic Management. His focus is on Policy and as a board member economic justice and economic of Urbanability, a nonprofit development issues. Prior to

Volume 32 | 2020 41 graduate school, Bryan worked in youngest member and the first financial services in New York City. Latino to serve in this capacity. In He serves as co-editor-in-chief 2006, Padilla was elected to the of the HKS Journal of Hispanic California State Senate and was Policy and as co-lead of the MIT reelected in 2010. Padilla previously Fintech Conference. He holds a served as president of the League of BS in economics from California California Cities and president of Polytechnic, San Luis Obispo. the National Association of Latino Elected and Appointed Officials (NALEO).

You are one of the most prominent Latinx leaders in the country, espe- cially in California. What does that mean to you? Alex Padilla is the first Latino sworn The two terms that immediately in as California secretary of state come to mind are pride and respon- and has dedicated his career to sibility. I have the honor of being the first Latino elected to serve as the public service. Padilla grew up in California secretary of state. And I the working-class community of think my election and re-election Pacoima, California, where he went represent progress in terms of in- on to graduate with a bachelor’s creasing our community’s political degree in mechanical engineering participation and serving in leadership positions at all levels of government. from the Massachusetts Institute The responsibility, though, is making of Technology. At the age of 26, sure it’s not just about achieving the Padilla was elected to the Los office or winning the election. But Angeles City Council to represent rather what we do with this oppor- tunity to serve and making sure that the east San Fernando Valley we do the job in a way that not only community where he grew up. Two improves the quality of life for Latinos years later, his colleagues elected but for everybody. We take the oath him to the first of three terms as of office to uphold the Constitution council president, becoming the and represent everybody and serve everybody.

42 Harvard Kennedy School Journal of Hispanic Policy What were the most significant chal- grew up, but in the political world lenges in your political career? From and in other communities throughout being elected to the Los Angeles the City of Los Angeles. Remember, City Council at 26, to the California this was Los Angeles circa 1998. It was State Senate, to now the California very different than it is today. Today, secretary of state? And what would people look at California and places be your advice to young Latinx folks like Los Angeles as very progressive. who want to run for office but do It’s the land of the resistance. When not have a lot of role models in I announced my candidacy in 1998, elected office? it was still just a couple of years after Well, there are a lot more role the passage of Proposition 187 in models today than there were 25 years California. Before the era of Trump, ago and a lot more than there were before SB 4 in Texas, before SB 1070 50 years ago. My advice would be to in Arizona, there was Proposition think big, be bold, and do the work. 187–a Latino and immigrant scape- When I think back to my first run goating measure that people rallied for city council a little bit over 20 years around politically for their gain and ago, I heard it all. I heard “You’ve got on the backs of our community. great potential, but you’re too young,” Running for office in the sec- or “You’re smart and you’re going ond-largest city in America at both a to be great someday but not yet.” I young age and as a young Latino didn’t guess I’m glad I didn’t take “no” for come without its challenges. I had to an answer. I knew what I wanted to overcome perceptions, mispercep- do in terms of trying to uplift and tions, judgements, threats to political represent my community. So, I kept institutions and political power. But at it. I asked for all those votes in that I did it from the bottom up. I did it very first campaign and appreciated by doing the work—campaigning, the voters for taking a chance on me going door to door every day for nine at such a young age. months and asking my friends and And there were a lot of things I neighbors for the chance to represent was up against. First, there was the our community. age thing, where I was very young And they gave me that chance. compared to other candidates and And then given that chance, I was compared to the other members of the not just content with celebrating the city council that I served with. The fact milestones of having been elected that I was Latino presented a different but doing the work once in office layer of challenges to overcome. Not and earning respect amongst my col- so much in the community where I leagues and the broader public. It has

Volume 32 | 2020 43 been more than 20 years. We’ve left a finally took the steps to do so, not just mark along the way, improving things to protect their status but so that they at the city level when I was on city could register to vote. And so, they council and at the state level when I did. They’ve never missed an election was in the state legislature and now since becoming citizens. statewide in this capacity. And you certainly have the younger generation, like myself at the time, Twenty-five years ago, Proposition who are a couple of years out of col- 187 was passed by California vot- lege or recently out of college deciding ers, which was one of the harshest “you know what, that engineering anti-immigration measures. It was degree from MIT sure looks good, but ultimately blocked by the courts, I need to do my part in the political but it sparked grassroots organizing process.” And I’ve stayed focused and civic engagement within the all those years in office on why I California Latinx community. Are entered public service to begin with: you seeing any rise in civic engage- for fairness and equality of all types. ment within the Latinx community And just in California, you may in California and nationally? If not, determine that we’ve made a tremen- what can be done to spark a similar dous amount of progress and think rise in civic engagement? those days are behind us. And lo and Yeah, I certainly see a lot of signs behold, 2016 brings us not only the of it. I think that’s one of the valu- candidacy of Donald Trump but the able lessons of the Proposition 187 last several years of both policy and the experience in California. General- political environment that has been ly speaking, our community had a created. So, I not only look to places choice to make. Do we put our head like Arizona, Colorado, and Texas, for down and try to wait it out and just example, but places like Alabama, go about our business, while trying Georgia, and North Carolina, with not to ruffle any feathers? Or do we relatively smaller but significantly stand up for ourselves and say “no, growing Latino populations. And I do we’re not going to take it, we’re not see organizing taking place. It makes going to stand for it anymore and try to me hopeful that not only those regions change things through engagement”? have a better future ahead but that You had hundreds of thousands, if not nationally we’ll see the trend that we millions of people like my parents saw here in California. who had been here for many years Some people argue that demo- as Democrats with no urgency to graphics are going in that direction so become citizens, for example. They it’s going to happen. Not true. Maybe

44 Harvard Kennedy School Journal of Hispanic Policy in time it’ll happen, or maybe we can funding that we deserve. But it’s also accelerate those political transitions, a political exercise. Census data drive but it’s through engagement that we do reapportionment. Our voice in Con- so. In California, we’ve demonstrated gress is at stake as it drives redistricting what it could mean. Less than 25 years after the census. Fundamental voting after the voters of California passed rights and representation are at stake, Proposition 187, California became a so we know it’s important. We know sanctuary state legislatively because of that every ten years it’s a tough enough Latino legislators authoring the mea- exercise to count every person in the sure and voting for the measure. And state. we created a political climate where Nothing would please Trump more a California governor would sign that than to have an undercount in Cal- into law. We changed the political ifornia, costing us money and our landscape through engagement. And political voice, especially to discourage I think that was the biggest lesson that participation in immigrant commu- we offered to people in other states. nities. The threat of the citizenship question was completely about that. Some states, like California, are So thankfully the Supreme Court pouring in a lot of money to get at least got that decision right and everyone counted, while other states we don’t have to contend with it on are not. Why is California putting the ballot, but the threat of it had its in a lot of effort into getting all the impact that we have to overcome. communities counted? And what is They’re also changing how they ask California doing to target hard-to- folks to submit their information. Yes, reach populations? filling out a form is still going to be Thankfully, the legislature and the an option, but they’re encouraging governor have made unprecedent- first and foremost digital participation ed investments in Census outreach when there is still a digital divide in and assistance. Why? Because of the America, both from an internet access stakes. Anybody who knows anything standpoint as well as digital literacy. about the Census knows it determines There are also concerns about things our federal funding levels for the next like cybersecurity. ten years for important things that we There’s a lot to overcome, but we care about, such as education, health know the stakes. And we’re making care, housing, transportation, safety, significant investments in California etc. It’s in our self-interest to want because I think California as a state to make sure that every Californian has the most at stake. We have the is counted, and we get the federal largest population of any state in the

Volume 32 | 2020 45 nation, the most diverse state of any Los Angeles is very different than what state in the nation, and by far the will work in rural agricultural towns in largest hard-to-count population of the Central Valley. And that’s different any state in the nation. So, it really from San Francisco, which is different makes sense to invest. Why other than Northern California that has states are not doing so is beyond me. been impacted by wildfires, which is I think it’s malpractice for any state different from the Inland Empire. We to not want to invest in making sure want to make sure that our strategies they’re getting as much of a complete reflect what’s best locally. But some count as possible. All we can do is try of the statewide initiatives are going to lead by example and do the work to be some of the branding, some of internally. the media, including social media. So as a state, how are we investing? It’s going to be a good comprehensive The state dollars are separate and apart plan at the end of the day. from what the US Census Bureau will do from their outreach and promotion. There’s an increase in Latinx folks It’s separate and apart from what some doing the work and getting elected foundations and philanthropic groups to local and state offices that have will invest in Census outreach and been involved in activism, but there assistance. Through the state, there’s doesn’t seem to be a breakthrough both statewide and some regional and at the federal level. The Senate only local initiatives happening. Tremen- has four Latinx senators. There’s only dous grants that had been awarded one Latinx Hispanic governor across regionally across California to lead the states. We had a presidential our organization that under them candidate this cycle who ultimately have these big coalitions of commu- didn’t get traction into the top tier. nity-based organizations that will work What do you think needs to change? with local outreach strategies on how And do you see 2020 as a turning to get the word out, whether it’s phone point to gain more representation banks, whether it’s community events from Latinx folks at the national or knocking on doors or whatever level in political office? works for particular communities I think it is changing. I think we’re with the local trusted voices to get on the verge of a lot of significant the word out in Census. That’s what progress in the next couple of election we’re investing in. cycles because each day, each week, What does that look like? It’s go- each month, each year, our commu- ing to be different region by region nity continues to grow. And it’s one because what works in a big city like thing to grow in population, but it’s

46 Harvard Kennedy School Journal of Hispanic Policy more than just that. We’re growing in need some of that track record that what is known as the citizen voting-age comes with having done the work population—people who are eligible for a bit. It shouldn’t take 50 years, to register to vote. And that means that but it usually takes more than just 1 slowly but surely, the number of us or 2 years of political involvement registered to vote continues to grow. to be elected into one of the more It happens in some states more significant offices like that. So I think quickly than others. That’s why in as time goes on and we collectively California, in my secretary of state have more people running, more capacity, we’re going full-speed ahead people serving, more people doing on automatic registration, online the work, we’re going to have a lot registration, same-day registration, more people in very viable or even and preregistration to get as many stronger positions to make runs for people eligible on the rolls as possible. higher office and winning in the We’re doing everything we can do to coming years! make it easy for people to cast their ballot. So, as our community is an increasing part of the electorate, we have a bigger stake in the outcome of elections, not just on issues but on who the representatives are. But I think we also need to pay attention to the candidate side of the equation. We do need to encourage more people to run, but also to be ever more prepared to run. There are candidates of all types. There are first-time candidates for office, maybe for school board, city council, or even Congress. And that’s great. But for most people to run for statewide office, whether it’s for the lieutenant governor, governor, or US Senate, politically speaking, it usually takes more than just ganas to run and to win. We do need some experience. We do need some of that relationship. We

Volume 32 | 2020 47 Feature Chilling Effects and Grumbling Stomachs: The Impact of Public Charge Rule Changes on Nutrition-Assistance Access among Children in Immigrant Families

Allyson Rose Pérez

Allyson Rose Pérez is currently (UNISG), thanks to the Fulbright the 2019–2020 CHCI-PepsiCo Casten Family Foundation Foundation Nutritional Health Award. She is passionate about Graduate Fellow placed in the exploring the intersections of food, office of Representative Kim identity, migration, and politics. Schrier, MD (WA-08). Additionally, she is interested in how we can create equitable and Allyson was born in Miami, Florida, culturally conscious foodways for and raised in Texas, Virginia, and marginalized communities. North Carolina. She is a proud Allyson’s passion for food was born Cuban American and fourth- from watching her father and generation food worker. She grandmother cook delicious meals. earned a bachelor of arts in social She was inspired to study food studies from Harvard College academically after taking a course (‘17) and a master’s in food in the in her first year at Harvard tying world: cultures and mobility from cooking to broader societal issues. the University of Gastronomic As an undergraduate, she led an Sciences in Pollenzo, Italy independent research project on

48 Harvard Kennedy School Journal of Hispanic Policy the US–Cuba agricultural trade regardless of immigration status. This relationship, conducting qualitative disproportionately affects US-born and quantitative research in both children who are entitled to these programs, which may lead to negative Washington, DC, and Cuba. She health and educational outcomes in was also active in advocacy for the long term. Regardless of the suc- food workers’ rights through the cess of court injunctions on the rule, Student Labor Action Movement the “chilling effect” has still affected families and children, needlessly sow- and planned a variety of events to ing seeds of fear among families for generate awareness around food taking advantage of benefits their systems through the Food Literacy children are entitled to as US citizens. Project. As a master’s student at An information campaign targeted at UNISG, she conducted research immigrant communities underscoring US-born children’s eligibility for nu- on food and identity among Middle trition-assistance programs regardless Eastern and Mexican immigrant of their parents’ status could mitigate food workers in northern Italy and this fear and misunderstanding by Denmark. She also worked in the assuring families that their children’s Latin America & Caribbean office participation in these programs will not affect their status. of Slow Food International. Background on Public Charge Abstract In January 2017, the Trump admin- In August 2019, the Trump admin- istration drafted proposed changes istration published its final changes to the public charge rules governing to the public charge rule. Unlike the application for legal permanent res- previous public charge rule, legal idence among documented immi- immigrants who utilize nutrition-as- grants. The final version of this rule sistance programs would be poten- was published on 12 August 2019, tially classified as “public charges,” and was scheduled to go into effect thus making their pathway to legal on 15 October 2019.1 The rule has permanent residence and citizenship been challenged in the courts by more difficult. The rule has resulted ongoing litigation, and an injunction in a “chilling effect” among Latinx introduced on 11 October 2019, had immigrant communities, where stopped it from being implemented immigrant families will unenroll in the meantime.2 An appellate court from nutrition-assistance programs upheld this injunction on 8 January

Volume 32 | 2020 49 2020,3 but it was ultimately struck programs, and other non-cash down by the Supreme Court in a granting public benefits when decision made public on 27 Janu- determining LPC status for ad- ary 2020. This allows the rule to be mission. However, the INS could enacted while the courts litigate the consider use of cash welfare, such rule’s fate.4 As a result, the rule will as Supplemental Security Income go into effect on 24 February 2020.5 (SSI), Temporary Assistance for The first public charge rule was Needy Families (TANF), and introduced in 1999 under the Clinton state General Assistance; as well administration, after the passage of as long term institutionalization at the Illegal Immigration Reform and the government’s expense, when Immigrant Responsibility Act in 1996, making LPC determinations.7 to prevent legal immigrants from uti- In addition to the programs includ- lizing social safety net programs. The ed in the original public charge rule, initial rule defined a public charge as the Trump administration’s updated anyone who was “primarily dependent rule classifies the use of previously on the government for subsistence, as excluded programs, such as the Sup- demonstrated by either (i) the receipt plemental Nutrition Assistance Pro- of public cash assistance for income gram (SNAP), Medicaid, and housing maintenance or (ii) institutionaliza- subsidies, as included in designating tion for long-term care at government a person a potential “public charge.” expense.”6 Legal immigrants who utilize these The initial public charge rule in- programs who apply for permanent cluded cash-assistance programs as residence after the finalization and being subject to scrutiny, but not other implementation of this rule thus have welfare benefit programs. According weakened chances of acceptance.8 to US Citizenship and Immigration The updated rule was scheduled Services, to go into effect on 15 October 2019; [T]he [initial] rule also reaffirmed however, due to lawsuits filed by multi- that [the Immigration and Natu- ple parties and an injunction from the ralization Service] would consider courts, the rule was not implemented the “totality of circumstances” until the Supreme Court ruled the when considering [Likely Public injunction be lifted on 27 January Charges] for Lawful Permanent 2020.9 Resident (LPR) applicants. In addition, the INS stated [that The Chilling Effect and Its at the time] it would not con- Impact on Children sider healthcare benefits, food While the public charge rule is aimed

50 Harvard Kennedy School Journal of Hispanic Policy at immigrants, a secondary conse- tion of children in the United States quence of the rule is its impact on with at least one immigrant parent US-citizen children of legal immi- grew from 13.4 percent to 26 percent; grants through what is known as a 88 percent of children in immigrant “chilling effect.” families in 2017 were born in the As defined by the Migration Policy United States.12 7.6 million of these Institute, a chilling effect refers to a children live in families where at least sharp decline in program utilization one person receives cash or non-cash among a given population as a result benefits, which means that 7.6 million of the introduction of a policy due to children stand to be affected by this confusion and fear surrounding the chilling effect.13 It is also important policy and whom it directly affects.10 to note that, by the USDA’s calcu- While the rule only applies to those lations, Latinx families see some of applying for admission to the United the highest utilization rates among States or for a change of legal status, eligible persons of the WIC program, including legal permanent residence, with utilization at 60 percent among fear and confusion around whose Latinx women, infants, and children.14 utilization of these programs would These children’s eligibility for affect immigration applications will and utilization of SNAP and WIC have a wide impact within immigrant benefits is not under direct consid- communities. This fear and confusion eration by immigration officials as will result in families unenrolling from they process their family members’ any and all social-benefit programs, immigration applications under the regardless of the legal status of indi- new public charge rule. However, vidual family members. Particularly even if a child’s eligibility is not af- hard hit by the chilling effect are fected by their parents’ immigration Latinx immigrant communities, and status, many parents worry about the among them, US-born children.11 consequences of sharing information The population of US-citizen chil- with government officials on their own dren who are children of immigrants status. One news outlet reports that, is significant; if their families meet as a result, SNAP and WIC program federal or state income requirements, administrators in at least 18 states these children are eligible for nu- have noticed declines in utilization trition-assistance programs such as among immigrant populations up to SNAP or the Special Supplemental 20 percent.15 Nutrition Assistance Program for Women, Infants, and Children (WIC). Policy Implications Between 1990 and 2017, the popula- The implications of this chilling ef-

Volume 32 | 2020 51 fect on children’s overall health and can negatively impact their children’s educational outcomes are serious. access to education.18 Fear around As discussed by the Kaiser Family immigration enforcement can also Foundation, declining participa- negatively impact children’s perfor- tion rates in nutrition programs can mance in school, increasing Latinx negatively impact the growth and students’ likelihood of repeating a healthy development of children in grade by 14 percent and increasing immigrant families, leading to greater the likelihood of dropping out of high health problems in the future.16 This school by 18 percent.19 can manifest itself directly through a family’s lack of resources, previously Conclusion and provided through SNAP, to purchase Recommendation healthy food affordably and also indi- Even as court injunctions presented rectly through other tangentially relat- the administration with roadblocks to ed programs. For example, children implementing its final public charge enrolled in SNAP are automatically rule, the damage was already done in registered for free school meals. Upon many immigrant communities, where losing these SNAP benefits, these families have unenrolled from nutri- children are not only losing out on tion-assistance programs their children food at home but also on nutritious could and should benefit from. meals they could be receiving at However, there is still work govern- school.17 While it is true that many ment can do to combat the chilling of these students will qualify for free effect and its impact on children in or reduced meals without receiving immigrant families. As the Kaiser SNAP, the bureaucracy that families Family Foundation points out, the must navigate in order to sign up chilling effect has occurred mainly is an added obstacle to accessing due to misinformation—thus, outreach nutritious food. and education efforts to immigrant Regardless of the courts’ rulings communities about their families’ eligi- on public charge, it is the fear of the bility for nutrition-assistance programs rule manifested through this chilling should be an important component of effect that affects children in immi- mitigating the effects of the final rule.20 grant families most. A climate of State SNAP agencies, who already are fear can have a negative impact on responsible for enrolling individuals children’s overall health and educa- and families in SNAP and know the tional outcomes. Fear disrupts family communities they serve best, can take routines, causing families to isolate a leading role in the information cam- themselves in their homes, which paign effort. They can place posters and

52 Harvard Kennedy School Journal of Hispanic Policy informational pamphlets in multiple all those eligible are served, including languages detailing the eligibility of the US-born children of immigrants. US-citizen children for nutrition-as- sistance programs in agency offices, community centers, and public places Endnotes frequented by immigrant populations. 1 Michael D. Shear and Eileen Sullivan, By enumerating who is eligible for “Trump Policy Favors Wealthier Immigrants for Green Cards,” New York Times, 12 August these programs, and how they may or 2019, https://www.nytimes.com/2019/08/12/us/ may not affect family members’ appli- politics/trump-immigration-policy.html; and cations for changed status, we can bring “Inadmissibility on Public Charge Grounds,” clarity to immigrant communities. US Department of Homeland Security, 14 This is not to say that an informa- August 2019, https://www.federalregister. tion campaign does not bring with it gov/documents/2019/08/14/2019-17142/ inadmissibility-on-public-charge-grounds. challenges or drawbacks. Potential 2 Miriam Jordan, “Judges Strike Several challenges include identifying affect- Blows to Trump Immigration Policies,” New ed populations, determining optimal York Times, 11 October 2019, https://www. outreach methods, and covering the nytimes.com/2019/10/11/us/immigration-pub- cost of such a campaign. Especially lic-charge-injunction.html. considering that this issue affects only 3 John Kruzel, “Appeals court refuses to lift injunc- tion on immigrant ‘public charge’ rule,” The Hill, a subset of the immigrant population, 8 January 2020, https://thehill.com/regulation/ these challenges, while not insur- court-battles/477304-appeals-court-refuses-to- mountable, are important to consider. lift-injunction-on-immigrant-public-charge. Regardless of the ultimate fate 4 Department of Homeland Security et al. v. of the final public charge rule, or New York et al., 589 U.S. ___ (2020). the success of a potential informa- 5 Susannah Luthi and Anita Kumar, “Trump Administration to Launch New Means Test tional campaign, children born in for Immigrants Feb. 24.” Politico Pro, 30 the United States are entitled to the January 2020. same nutrition-assistance benefits of 6 “Public Charge Provisions of Immigration any other US citizen. This is true no Law: A Brief Historical Background,” US Cit- matter the immigration status of their izenship and Immigration Services, 14 August parents. It is the duty of government to 2019, https://www.uscis.gov/history-and-gene- alogy/our-history/public-charge-provisions-im- ensure that all its citizens are treated migration-law-a-brief-historical-background. and protected equally under the law, 7 “Public Charge Provisions of Immigration a duty it neglects when failing to Law,” US CIS. consider the potential chilling effects 8 Jeanne Batalova, Michael Fix, and Mark of a policy like the updated public Greenberg, “Millions Will Feel Chilling Effects charge rule. The integrity of these of U.S. Public-Charge Rule That Is Also Likely to Reshape Legal Immigration,” Migration programs depends on ensuring that

Volume 32 | 2020 53 Policy Institute, August 2019, https://www. programs,” Politico, 3 September 2018, migrationpolicy.org/news/chilling-effects-us- https://www.politico.com/story/2018/09/03/ public-charge-rule-commentary; and Melissa immigrants-nutrition-food-trump-crack- Manna and Andrea C. Davis, “Public Charge down-806292. Rule Update: Making Sense of All the Moving 16 “Changes to ‘Public Charge’ Inadmissibility Pieces,” The National Law Review, 26 October Rule: Implications for Health and Health Cov- 2019, https://www.natlawreview.com/article/ erage,” Kaiser Family Foundation, 12 August public-charge-rule-update-making-sense-all- 2019, https://www.kff.org/disparities-policy/ moving-pieces. fact-sheet/public-charge-policies-for-immi- 9 Harper Neidig, “Supreme Court allows Trump grants-implications-for-health-coverage/. administration to move forward with ‘public 17 “Applying for Free and Reduced Price charge’ rule,” The Hill, 27 January 2020, https:// School Meals,” US Department of thehill.com/regulation/court-battles/480114- Agriculture, 13 August 2013, https:// supreme-court-allows-trump-administration- www.fns.usda.gov/school-meals/ to-move-forward-with. applying-free-and-reduced-price-school-meals. 10 Jeanne Batalova, Michael Fix, and Mark 18 Wendy Cervantes, Rebecca Ullrich, and Han- Greenberg, “Chilling Effects: The Expected nah Matthews, Our Children’s Fear: Immigration Public Charge Rule and Its Impact on Legal Policy’s Effects on Young Children (Center for Immigrant Families’ Public Benefits Use,” Law and Social Policy, 2018) [PDF file]. Migration Policy Institute, June 2018, https:// 19 Catalina Amuedo-Dorantes and Mary J. www.migrationpolicy.org/research/chilling-ef- Lopez, “The Hidden Educational Costs of In- fects-expected-public-charge-rule-impact-le- tensified Immigration Enforcement,” Southern gal-immigrant-families. Economic Journal 84, no. 1 (2017): 120–54. 11 Batalova, Fix, and Greenberg, “Millions Will 20 “Changes to ‘Public Charge’ Inadmissibility Feel Chilling Effects.” Rule,” Kaiser Family Foundation. 12 “Children in U.S. Immigrant Families,” Migration Policy Institute, 2018, https:// www.migrationpolicy.org/programs/ data-hub/charts/children-immigrant-fami- lies?width=1000&height=850&iframe=true. 13 Batalova, Fix, and Greenberg, “Millions Will Feel Chilling Effects.” 14 The utilization rate I refer to here, or as the USDA refers to it in this report, “coverage rate,” refers to the percentage of the eligible population that receives WIC benefits. See National- and State-Level Estimates of Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) Eligibility and Pro- gram Reach in 2017 (Summary) (Washington, DC: US Department of Agriculture Food and Nutrition Service, 2019) [PDF file]. 15 Helena Bottemiller Evich, “Immigrants, fearing Trump crackdown, drop out of nutrition

54 Harvard Kennedy School Journal of Hispanic Policy Feature The Unfolding of Latinx Political Power in Nevada: Doubling Down on Urban-Education Policy

Magdalena Martínez

Dr. Magdalena Martínez is an Prior to UNLV, she was the assistant assistant professor at the University vice chancellor for Academic and of Nevada, Las Vegas (UNLV) Student Affairs for the Nevada in the School of Public Policy System of Higher Education. She and Leadership, College of was responsible for strengthening Urban Affairs, and the director P–16 education partnerships and of Education Programs with for the successful development The Lincy Institute. Her areas of and implementation of statewide expertise include Latinx, education college access grants from the US policy, leadership, access and equity Department of Education and for underrepresented student private grants. In addition, she populations, and the role of higher worked closely with the Nevada education in a diverse society. She Department of Education to regularly provides expert testimony develop and implement the (K–12 and postsecondary) on Nevada statewide GEAR UP education policy issues and is grant ($21 million), which served involved in numerous efforts to low-income and underrepresented build capacity through education students. research and policy. Dr. Martínez has published in the Journal of Transformative

Volume 32 | 2020 55 Leadership and Policy Studies, lived experiences and their urban American Behavioral Scientist, communities’ experiences to inform New Directions for Higher how they coalesced with other groups, the bills they championed, and how Education, Journal of Praxis in they shaped an education policy agen- Multicultural Education, da. In less than a decade, urban Latinx and the Journal of Urban Affairs. legislators and their allies introduced, Dr. Martínez holds a PhD from the lobbied, and passed $425 million of new public education investments University of Michigan, a master’s to benefit English language learners degree from Harvard University, (ELLs) and high-poverty students. and a bachelor’s degree from the As the Latinx population continues University of Nevada, Las Vegas. to grow in urban regions and school districts, there are several reasons to study their experiences and participa- Abstract tion in education policy and politics. While the geographic lens on Latinx Navarro and Rosales argued that it is politics has focused on regions with necessary to understand how Latinx a history of Latinx population, there political power unfolds in the largest is less analysis on states that are on urban regions to see the possibilities the tipping point of Latinx political and limitations of coalition building, coalition building and incorporation. agenda setting, and the evolution Recent changes in urban-education of the Latinx presence at a national politics in Las Vegas, Nevada, offered level.1 Navarro and Rosales suggested an example of the unfolding of Latinx that because Latinx groups do not political power and representation. Las have an overarching historical identity Vegas is a majority-minority metropo- such as the Black/White experience, lis, and its 2.2 million residents make the Latinx population has been one up 75 percent of Nevada residents. By of political invisibility and exclusion. 2013, a new cohort of urban Latinx Moreover, Latinx groups have experi- legislators entered politics and shifted enced different political formations, the narrative of who was deemed wor- strategies, and political outcomes in thy of policy and public investment. different urban settings. The progressive legislators, primarily Building on frameworks that center from low- or working-income and race in the study of urban politics, immigrant backgrounds, brought policy, and coalition building2,3 and with them critical perspectives to incorporating Latinx critical race policymaking and drew from their theory,4,5 the purpose of this case study

56 Harvard Kennedy School Journal of Hispanic Policy analysis was to examine the growing education policies.7 These efforts presence of Latinxs in one urban re- led to the historical 1945 landmark gion and to analyze how they reshaped case Mendez v. Westminster School education politics and policy agendas District Orange County, which was and organized coalitions to counter a precursor of the Brown v. Board of deficit education narratives. By cen- Education case.8 Today, US education tering race, I examine how Latinx policies continue to be byproducts advocacy for education evolved over of the political process at the state, a three-decade period, the motives for local, and national levels. Latinx political involvement, and the Entry into elected political po- key components that contributed to sitions typically occurs at the local the development of a Latinx political education levels for Latinxs; in 2017, advocacy infrastructure in the Las 37 percent of all elected Latinxs served Vegas region. on local school boards.9 Once in office, Latinx representation results Latinx Participation and in greater support for ELL education Influence on Education programs,10 hiring of Latinx adminis- Politics and Policy trators and teachers,11,12 advocacy for Latinxs have long been on the front- immigrant students, an increase in line of education politics, policy, and students of color attending college, coalition building within and across and accountability of the school dis- multiple communities. For instance, trict to meet community needs.13 in 1921, San Antonio’s Orden Hijos Their policy preferences differ from de América [Order of the Sons of their White counterparts’, and their America] organized Latinx workers board participation influences the to advocate for fair wages, education, type of policy programs the school and housing; a few years later (1929), district is likely to pursue.14 In the several Latinx organizations merged absence of Latinx board participation, to form the League of United Latin education policy priorities that are American Citizens (LULAC) with a likely to benefit Latinx children may focus on desegregating public educa- be absent or minimal.15 tion for Latinx children.6 A decade and a half later in Santa Ana and El Urban Politics and the Role of Monte, California, LULAC chap- Race ters—along with local parents and Politics and policymaking are about other Latinx organizations—organized power. Who has the power to shape, efforts to persuade local and state influence, and decide is central to policymakers to repeal discriminatory understanding the political process

Volume 32 | 2020 57 and policy outcomes. This study was impact calls for much more than shaped by urban regime theory and simply becoming active around critical race theory (CRT), with a a few issues of immediate con- focus on Latinx. From a political cern. It calls for breaking into economy perspective, Stone argued the “politics of investment” and that neither pluralist assumptions becoming part of a locality’s gov- (wherein governmental authorities erning arrangements. Reaching make and carry out policies) nor such a position rests on several structuralist assumptions (economic interrelated factors, and at the forces determine policy) could ade- heart of them are the abilities quately explain the various actors that to contribute significantly to a collectively mobilize their interests widely desired outcome and to in urban politics and policy.16 Urban enlist allies.18 regime theory focuses on the interplay In her review of urban regime between both assumptions, with a theory, Seamster argued that the focus on collaborations between local study of urban politics “has moved public and private actors to mobilize, away from critically addressing shape, and influence politics and race, limiting the field’s potential policy outcomes. Stone proposed to explain the profound fractures that urban actors’ policy interests and inequalities in urban space.”19 and political power are manifested Seamster proposed new directions through “such phenomena as agen- for a reinvigorated study of race in da feasibility, coalition formation, urban politics and urged scholars to resource mobilization, and the ways build on recent developments in CRT. in which modes of cooperation are For instance, in his study of Black worked out.”17 municipal leaders, Reed found that Consequently, social and econom- Black politicians acted in the interests ic inequities operate against an open of a small Black elite while allying and penetrable form of politics, and with Whites in power.20 While Black Stone acknowledged that for mar- political leadership was heralded ginalized groups, the experience of as a progressive achievement, their urban politics may be distinct and political power was partial because rest on differing entry points to break the “dynamics that make possible the into the politics of investments and empowerment of Black regimes are political power: the same as those that produce the For groups with a history of deepening marginalization and dis- political, social, and economic possession of a substantial segment of marginality, having a political the urban Black population.”21 From

58 Harvard Kennedy School Journal of Hispanic Policy Reed’s perspective on Black political subordination such as discrimination representation, such arrangements based on language, immigration, and potentially perpetuated institutional phenotype.25,26 LatCrit approaches racism, even when Blacks were at the have been adopted in educational helm of politics and policy agenda research to challenge dominant ideol- setting. ogies and bring attention to education A critical race lens questions how laws and policy as experienced by dominant structures and discourse communities of color, their students, perpetuate racial inequities and how and schools,27,28 but have yet to be racism unfolds in local politics and applied to urban-education politics continues to privilege dominant White and policy. ideologies. A critical race approach also extends our understanding of Data Sources how historically marginalized actors This case study covers key changes engage in urban politics, the resources that shaped Latinx political advocacy they bring to bear on the process, and and coalition building in Las Vegas, what issues ignite their agency and Nevada, from the late 1970s to 2016. collective voice. Seamster advocated Data for this case study involved mul- for a race-conscious analysis of how tiple sources. From 2013 to 2019, I Whiteness is embedded in our urban conducted close to 60 formal and in- politics analysis: “urban politics has formal interviews with individuals who granted even less attention to other were involved in Latinx politics and racial minorities, in particular Latinos policy in Las Vegas, Nevada. These and the ways that issue of representa- included former and current politi- tion, access, and citizenship intersects cians, heads of Latinx organizations, with the study of urban politics.”22 In business individuals, and community turn, my own analysis was informed activists. Another source of data in- by CRT and Latinx critical race the- cluded three local news outlets (Las ory (LatCrit). CRT scholars center Vegas Review-Journal, Las Vegas Sun, their research on the intersection of and the Nevada Independent) and race, class, and power and challenge news stories that focused on Latinx claims of meritocracy, colorblindness, politicians and urban education. The race neutrality, and equal opportuni- stories provided additional evidence to ty.23,24 LatCrit similarly asserts that my interview data or contextualized any analysis of the experiences of specific incidents or key transition Latinx communities must consider periods. Finally, another source of not only the realities of racism but data was first-person observations also the intersections of other forms of I recorded through fieldnotes and

Volume 32 | 2020 59 memos. As a 20-year resident of Las activists and their allies in business, Vegas and Latina community member education, and community groups of the Las Vegas region, I was privy from the Las Vegas region. to many individuals, sources, orga- nizations, and meetings throughout The Seismic Growth of Latinxs the study period. In some years I was in Las Vegas an active participant in the Latino A catalyst for regional changes in Las Youth Leadership Program, and in Vegas was evident in the dramatic other years I was an observer of the shift of the region’s racial and ethnic process, including legislative hearings demographics beginning in the 1990s. and debates. In instances where I was The Latinx population increase during not present (the 1970s to mid-1990s), this time was seismic and reverberated I relied on secondary sources, such as across the state. From 1990 to 2000, archival research and interviews (e.g., there was a 264 percent increase in the Latinx Voices of Southern Nevada)29. Latinx population growth, compared to an 83 percent national median for Reshaping Narratives of Urban- counties.30 Among the Mountain West Education Politics and Policies and the Southeast states, moreover, Three shifts contributed to Latinx Las Vegas experienced some of the actors’ motivation and their ability to largest Latinx growth (586 percent), accelerate education policy change leading demography experts to sug- in Las Vegas: (1) the seismic growth gest the region represented the new of the Latinx population, (2) a pre- America of the future.31 dominantly White urban-education By 2010, Latinxs comprised the governance structure that was not largest minority group (29 percent), reflective or responsive to the Latinx and during the same period, the White policy needs, and (3) the maturation population share decreased from 81 of a Latinx political advocacy infra- percent in 1990 to 60 percent. In structure. The shifts were exemplified the same year, Latinx students in Las in a pivotal education policy example Vegas were 43 percent of the entire in 2013 that addressed state funding school population. The school-aged for ELLs and high-poverty students. population of Whites was 30 percent, For the first time in its history, Nevada half of the overall White population,32 lawmakers made one of the most creating the third-largest cultural significant investments in public generation gap among major met- education (outside of the per-pupil ropolitan areas in the nation.33 The funding) as a direct result of advocacy cultural generation gap is shorthand and lobbying by Latinx legislators and measure for the difference between

60 Harvard Kennedy School Journal of Hispanic Policy the percentage of seniors who are before a trustee meeting that the new White and the percentage of children school district would be the largest who are White.34 The manifestation political subdivision of the state and of this gap was observed in voter warned it would employ more than preferences, priorities, and turnout the state highway department, which among Latinxs and Whites in Las at the time included 1,300 employees Vegas.35,36 Latinx voters supported and operated an annual budget of $7.2 major government interventions such million.39 By 1980, Gray’s prediction as education, health care, and immi- rang true, as the region quadrupled gration, while White voters favored in size and the school district student fewer government programs (except population soared to almost 100,000 Social Security) and limited taxes. The students. growth of the 1990s was a watershed As the population continued to moment for the Las Vegas region. The grow in the Las Vegas area, the school seismic changes also meant that the district boundaries developed in the school board trustees were unprepared 1950s remained untouched. This to meet the financial, academic, and included the maintenance of the curricular demands of its increasingly seven-trustee governing structure. By diverse student population.37 2010, the Las Vegas area had swelled to almost two million residents, and Exposing Cracks in Urban- the school district had grown to serve Education Policymaking over 300,000 students and over 37,000 Prior to 1956, the Las Vegas region full- and part-time employees.40 In had 14 school districts, with 20,000 the same year, over 40 percent of students among them. On the heels the district’s student population was of the national school consolidation Latinx, and it had one of the highest movement, Nevada legislators re- ELL and poverty rates in the nation.41 structured school districts statewide With an increasingly racially diverse by county boundaries, resulting in 17 student population, the predominantly school governing boards, one for each White school trustees struggled with county in the state.38 Two drivers for the alignment of education policies the consolidation were access to qual- to student outcomes, particularly the ity education at all grades (particularly district’s persistently low high school for rural counties) and economies of graduation rates. In 2010, the district scale. As part of the consolidation, graduation rate (68 percent) fell below an elected seven-trustee model was the national average (79 percent), created. The first Las Vegas district with rates for Latinx (60 percent) and superintendent, R. Guild Gray, stated Black (58 percent) students below

Volume 32 | 2020 61 rates for White students (76 percent).42 not reflect the changing demograph- Historically, dominant regional nar- ics.48 The first Latinx school board ratives had perpetuated beliefs that trustee for the Las Vegas-Clark County Latinx students and families were School District (CCSD) was Larry culturally deficit and uninterested Mason. Elected in 1994 and serving in education.43 until 2010, Mason remained the sole As a White trustee who represented Latinx representative throughout his the largest Latinx area exclaimed in tenure, and it was not until 2018 that a public conversation, “I love my three Latina trustees were elected.49 Hispanic kids, but their mothers are The absence of Latinx representation always pregnant and are not interested meant that education policy priorities in their kids’ education.” The deficit that benefited Latinx children were narrative contradicted studies that absent or minimal.50,51 confirmed Latinx students’ college aspirations.44,45 Since the mid-1970s, Latinx Political Exclusion: moreover, local Latinx activists had 1970s to 2000s consistently vocalized their concerns Across the country, local school board about the high dropout rates of Latinx elections are an important entry to students, underrepresentation on de- politics for communities of color. cision-making education bodies, and However, since the creation of the parity in teaching and administrative county-based school district in Las positions.46,47 Vegas, it was more likely for a repre- As the size of the region grew, the sentative of color to be elected to a elected school board model began state-level position than to the school to show cracks and presented two board. By 2000, only a handful of significant challenges. First, as the Black, one Latinx, and no Asian or region added more Latinx residents Native American trustees had ever and students, school boundaries grew been elected to the Las Vegas-CCSD exponentially. The trustee-to-student Trustee Board. At the state level in ratio increased to one representative the same year, Latinx representation for every 45,513 students, stretch- was minimal, with two Latinx state ing elected trustees to represent an legislators from Las Vegas (James ever-increasing and racially diverse Robert Coffin, elected in 1982, and constituency. Another concern was Dario Herrera, elected in 1997). the composition of the elected school The minuscule Latinx political rep- trustees. Despite the new racial diver- resentation at the state level and sity of the Las Vegas regional popula- at the local Las Vegas level meant tion, school board representatives did that Latinx policy preferences went

62 Harvard Kennedy School Journal of Hispanic Policy unheard and unacknowledged at and racially diverse student popula- all levels of the agenda-setting and tion, which led to massive layoffs of policy-making process. teachers55,56 and slashed budgets for Since the mid-1970s, Las Vegas ELL programs.57 Already facing one Latinx activists had advocated for of the lowest per-pupil funding levels Latinx student policy priorities and in the nation and often at the bottom resources with some success, but most of national student outcomes, the Las efforts resulted in symbolic wins such Vegas residents and school-district as the hiring of the first Latinx super- leadership braced themselves for fi- intendent in 2000. This was a result nancial challenges well beyond the of the advocacy of the first Latinx recession years.58,59 The economic school trustee, who nominated the downturn and its impact on public superintendent when the top-choice education punctuated Latinx activists’ candidate (a White male) withdrew frustration with education policy; in his application.52 Many argued that response, they looked to new ways to the hiring of a Latinx superintendent influence urban-education policy and resulted in more attention to Latinx resource allocations. Additionally, the student issues by the superintendent’s lack of Latinx political representation office, yet the district leadership was from 1970 to 2000 prompted Latinx largely beholden to the state, and organizations to coalesce and collab- not the local community, for its fi- orate to challenge dominant ideology nancial resources and accountability about the public narrative of Latinx outcomes. students, education policy, and public On the heels of the Las Vegas investments in Latinx communities. racial demographic transformation, These efforts laid the foundation to the 2007 recession brought the state build a Latinx political advocacy in- to a screeching halt. The dependency frastructure with a focus on grooming on tourism and construction sectors the next cohort of progressive Latinx for Las Vegas’s economic growth re- policy and political actors. sulted in unprecedented reductions of state revenues, loss of jobs, and Latinx Political Advocacy one of the highest property-fore- Infrastructure closure rates in the nation.53,54 The Latinx-based organizations had been economic shock recoiled education a part of the Las Vegas politics and and social-services budgets across policy landscape since the 1970s and the state, leaving the state’s largest included business, social services, and school district staggering to meet the education groups.60,61,62 A key turning educational needs of a large, urban, point occurred in the mid-1970s, when

Volume 32 | 2020 63 the Nevada Association of Latin Amer- Urban-education activists, mostly of icans in Las Vegas filed a complaint Mexican descent, sensitive to this against the Economic Opportunity reality worked closely with LCC mem- Board and alleged the Latinx popu- bers, first to create career awareness lation was receiving unequal social programs for urban Latinx students services and resources. Eight other and then college-access programs. Latinx organizations coalesced to By the mid-1990s, all education pro- address social, employment, housing, grams were housed under the LCC and education policy inequities. At Community Foundation. One specific the time, the weak civic capacity63 program, the Latino Youth Leader- limited the coalition’s reach, and ship Conference,65 initiated in 1994, the group was dismantled after two created a Latinx political leadership years. Recognizing a void, Latinx elite pipeline, with a focus on policies that business leaders, mostly of Cuban centered the experiences of low- and descent, came together and created working-class Latinx populations. the Latin Chamber of Commerce Through public and private part- (LCC). The founders identified the nerships, the LYLC organizers invited lack of representation and “oppressive 11th and 12th graders who were the actions against the Hispanic commu- first to attend college in their families, nity” as key motivators to create the typically from low- or working-class, organization: and from immigrant backgrounds. The formation of the Latin The program took them to their lo- Chamber of Commerce was an cal university, where they attended outgrowth of politically oppressive workshops focused on the college actions and measures being taken application and financial-aid process- against the Hispanic population in es. A mentoring component by local the late ’60s and early ’70s mainly prominent Latinx members helped at the national level, but also, to a participants develop a critical con- lesser but more noticeable degree, sciousness of the Latinx experience in at the local level.64 the United States, the role of policy on Since the 1970s, many Latinx underrepresented communities, and organizations were created and folded. the importance of civic engagement. The LCC remained one of the most An outgrowth of the LYLC program widely recognized Latinx organiza- was an independent alumni chapter tions in the Las Vegas region and state organized and led by previous LYLC because of its support from business graduates. As part of the initiative, elites (Latinxs and non-Latinxs) and Latinx youth built intergeneration- its moderate-leaning policy views. al networks and relationships with

64 Harvard Kennedy School Journal of Hispanic Policy near-peer and seasoned mentors who the political landscape of the state. emphasized the importance of civic Although research is mixed as to engagement and political participa- whether term limits help diversify state tion. The Latinx political leadership legislatures, studies have found that vacuum from the mid-1970s to the limits aid Latinxs.68 In Las Vegas, term early 2000s reverberated with many limits opened political pathways to of the young LYLC graduates, the historically underrepresented groups. majority of whom went on to become Additional factors contributed to professionals in the community and Nevada politics, key among them run for elected office. One promi- its citizen legislature (biennial for nent female LYLC graduate who was 120 days), dependence on staff and elected to the state legislature noted: lobbyists, and the physical location of Honestly, without the confer- the capital city (over 430 miles from ence I would have never known Las Vegas). Even though southern a Latino that had run for office. I Nevada legislators, beginning in the really think that it was a result of 1980s, represented at least half of the the connections and the network state’s population and the region was that I made at the conference that the primary economic engine of state I was able to get to where I am revenues, a handful of northern Neva- today. I really credit the confer- da legislators, majority White males, ence to giving me this network held the political power statewide and support system. Even though prior to the term limits. Term limits I wasn’t necessarily really involved prompted diverse entrants and shifted when I was in high school when political power from rural northern I left and I was a college student, Nevada policymakers to urban Las Ve- everybody I met along the way gas legislators. The new generation of that I was making connections Latinxs, many of whom had graduated with was a conference alum. It from LYLC or were activists in their was really interesting because I local communities, seized the oppor- feel like in young Latino circles tunity to run for office. Nevada’s term today we ask each other, “Did limits allowed for ideas to bubble to you go to the conference?” . . . the top in state-policåy agenda setting, Almost all my friends are related regardless of seniority.69 Coupled with or connected to the conference redistricting, term limits increased in some way.66 opportunities for Latinx representa- Concurrently, in the mid-1990s, tion and paved the way for Las Vegas the Nevada legislature passed term legislators to assume leadership roles. limits,67 which dramatically altered At the same time, then-US Senate

Volume 32 | 2020 65 Majority Leader Harry Reid proved Democrats had the resources they to be an important ally in recruiting needed to get elected.72 Las Vegas and mentoring Latinx talent in Las Ve- Latinx millennials referred to Reid as gas. The Latinx community returned their abuelito [grandfather], signaling the favor by ensuring voter turnout their respect for him.73 for Reid during his 2010 reelection, By 2008, the fruits of the Las one of the toughest campaigns of his Vegas Latinx political-advocacy in- political career.70 frastructure began to take hold, as Reid saw the Latinx community the region was immersed in one of as an important coalition partner. the worst economic downturns in Even though Latinxs were not a its history. State legislators cut cap- part of a major governing coalition ital spending for education by 82 or the locality’s institutions, Reid’s percent, increased class sizes, and connection to the Las Vegas Latinx reduced per-pupil funding for pre-K community extended back to the by almost 40 percent.74 Latinxs in Las mid-1970s, when he was elected Lieu- Vegas experienced one of the highest tenant Governor of Nevada. Because unemployment rates of any group.75 Latinxs were a small portion of the At the same time, Latinx activists and electorate, Reid was criticized at the union organizations came together to time for spending campaign resources form the LLC with the sole purpose and time with Latinx constituents, to advocate for Latinx-focused policies to which he would reply, “Just you that helped ELL students, funded wait.”71 Throughout his political ca- high-poverty schools, and protected reer, Reid maintained strong ties with undocumented populations. Simul- Latinx business elites through the taneously, at least ten cohorts of the LCC and cultivated new cohorts of LYLC program matured economically Latinx millennials by becoming one and politically. Seeing limited op- of the most vocal politicians for the portunities to impact local policy or DREAM Act, a federal policy that politics, Las Vegas Latinxs concerned sought to create legal pathways for about urban education ran for the undocumented youth. Nationally, state legislature. Of the Las Vegas the “Reid machine” helped create a Latinx state legislators elected in 2010, network of pro-immigrant organiza- 70 percent were either graduates or tions, and locally, it created one of the mentors of the LYLC program, had strongest voter-registration initiatives strong support from the LCC, and in the nation, with an emphasis on were mentored by Reid. In the same Latinx voters, and financially ensured year across the nation, Latinxs in state progressive Latinxs and other local legislatures represented 4 percent of

66 Harvard Kennedy School Journal of Hispanic Policy representatives; in Nevada, it climbed gave way to a realignment of policy to 11 percent. The new cohort of Lat- priorities, new narratives of who was inx legislators more than doubled the worthy of public investments, and Nevada Hispanic Legislative Caucus. adjustment of state allocations. By Term limits opened tightly held 2010, the state had its first African legislative seats, and Latinx legislators American Democratic majority lead- joined a cohort of progressive urban er, Steven Horsford, from Las Vegas; legislators from Las Vegas, mostly in 2012, Moises Denis assumed the comprised of Democrats. The state position and became the first Latinx also elected its first Latinx governor, majority leader in the history of the Brian Sandoval, from Reno. A conser- state. Post-recession, the focus was on vative Republican early in his political education policy, specifically fixing career, Sandoval’s anti-immigrant the unequal, geographic per-pupil policy positions drew backlash from funding model. The Nevada Plan, the Las Vegas Latinx community. The established in 1967, had long been longest-serving Spanish newspaper, El described as a convoluted approach Mundo, criticized then-candidate San- to student funding. Under the Nevada doval and opted to support then-can- Plan, the Education Law Center didate Rory Reid, Harry Reid’s son.76 found that high-poverty districts re- Once elected, Sandoval softened ceived on average of 71 cents for each his anti-immigrant position as he dollar received by their wealthier contended with a progressive-leaning counterparts, perpetuating inequities legislature. His popularity increased between Whites and communities among urban legislatures and Latinxs of color.78 In addition to the dismal in his second term, when he support- student outcomes, Nevada received ed a $1.1-billion tax increase to pay an “F” in funding distribution.79 The for public education, stating “I’m as majority of Las Vegas residents, un- conservative as anybody, but it’s not familiar with the funding formula, conservative to have bad schools.”77 assumed a portion of their property The change in his policy positions taxes were reinvested in their local underscored the shifting political schools. However, the reality of how landscape in the state originating the state redistributed property tax- from the Latinx community and the es, based on a guaranteed student urban core of Las Vegas. funding model, left the Las Vegas school district with the lowest per-pu- Breaking into the Politics of pil funding level in the state, despite Investment the region’s significant contribution The new wave of Las Vegas legislators to state revenues.

Volume 32 | 2020 67 In the 2011 legislative session, In the same year, there was a under the Senate Education chair- failed attempt to pass additional ELL manship of Denis, a new cohort of Las funding (SB216) sponsored by State Vegas legislators along with the Las Senator Moises Denis. In 2013, during Vegas-CCSD urged policymakers to the following legislative session, a reassess the state’s education funding similar ELL funding bill (Assembly scheme via Senate Bill 11. The focus Bill 222) was conceived by Assembly- was to move to a more equitable woman Olivia Diaz, who was also a formula that differentiated funding schoolteacher and an LYLC graduate. based on student needs, rather than She would later agree to have her bill the geography of the state. During merged with an omnibus (SB504) the initial hearing of the bill, the sponsored by senator Denis. As part public affairs representative for the of the omnibus bill, assemblywoman Las Vegas-CCSD noted: Diaz redefined how ELL policy issues In 1967, when the [Nevada] Plan were prioritized and for whom. She was adopted, there were about leveraged her teaching experiences 100,000 students in the State of to create a statewide ELL council, Nevada. Ninety-five percent of the first of its kind for the state, that these students were white. At the identified a quality framework for time, the census only indicated teaching ELL students. More impor- whether a student was white, tantly, the bill compelled lawmakers, black or “other.” Legislators could school districts, and state-education not have anticipated the changes organizations to acknowledge the that would occur in the State reality of the state: its largest student demographically. . . . These are population, Latinx students, required demographics that are not con- additional resources to create parity sidered by funding allocation in and equity in student outcomes. the Nevada Plan.80 From 1998 to 2008, Nevada ex- SB11 was ultimately passed as an in- perienced a 200 percent increase terim study group ,and it would take an in the number of ELL students, additional four years to build consensus the majority of whom were Latinx. to adopt an updated, student-weighted By 2010, the state’s largest school funding model.81 Although a new district served less than half of the blueprint had been agreed upon, the 95,000 students identified as ELL, Las Vegas urban schools still needed 80 percent of whom were US born to fill the gap in funding for its most and over 70 percent of whom were vulnerable populations, ELL and Spanish speaking; moreover Nevada high-poverty students. did not have English language devel-

68 Harvard Kennedy School Journal of Hispanic Policy opment standards and remained one to happen.” There was a critical of eight states that did not fund ELL mass of individuals advocating education.82 This was not the first for ELL policy.85 attempt state legislators had made The critical mass of individuals to address ELL policy. Prior to 2013, consisted of Las Vegas coalitions, the majority of policy efforts had including private and public groups, resulted in one-time pilot programs, who lobbied the Nevada Hispanic unfunded programmatic mandates, Legislative Caucus, legislators, and and accountability measures.83 The the governor. At the same time, Latinx groundwork for the 2013 SB504 was groups in partnership with the LLC laid as early as 2008, when coalitions organized the first Latino Lobby Day, from Las Vegas—Latinx education where they collectively lobbied at activists, university researchers, and the state’s capitol and focused on practitioners—took notice of the lack education, health care, and immi- of educational funding and dismal gration policies. The efforts resulted outcomes for ELL students in the in Nevada lawmakers appropriating Las Vegas region. By 2013, the co- $50 million over the biennium for alition united with the wave of new ELL funding (three times what had Latinx freshmen legislators from Las been proposed by the governor) and Vegas who then began, through media created a statewide council, the En- outlets and their networks, to advo- glish Mastery Council, to serve as a cate and champion ELL policies.84 statewide advisory board on issues A Latina education activist recalled related to standards, policies, and how eventually the conservative Latinx school district plans aimed at serving governor responded to the Latinx ELL students.86 legislators: By 2015, the policy efforts initiated [The governor] was actively by a new cohort of Las Vegas Latinx courting the southern Nevada legislators continued when bipartisan Latino community. I believe he and multi-racial groups lobbied to was motivated to champion ed- double down on the state’s ELL in- ucation and ELL. Also, he had a vestment by increasing ELL funding critical mass of Latino legislators to $100 million and introducing an who couldn’t be ignored. Even additional $50 million in state fund- before that, the [Las Vegas] Latino ing for high-poverty schools. Of the Leadership Council started to investments, 80 percent benefited get other non-profits involved as the Las Vegas public schools.87 Rec- well as teacher unions. Legislators ognizing the influence of education began to say “ELL [policy] needs rankings on economic development,

Volume 32 | 2020 69 notable business groups also entered first Las Vegas Latinx legislator). Two the fray and lobbied for redirecting years later, Isaac Barron was elected state resources to the neediest pop- to serve on the Council of the City ulations. The business groups went of North Las Vegas, and by 2019, two a step further and formally created Latinas joined Coffin on the City of education committees as a way to Las Vegas Council (Olivia Diaz and gauge their organization members’ Victoria Seaman, both previously concerns related to urban-education state legislators). It remains to be seen issues and to advocate for urban-edu- how Latinx council members will cation resources and policies. shape local policy and whether they During the same period, local will pursue greater urban-education cities began to enter the education-pol- autonomy for city municipalities. If icy dialog, first by voicing concern Las Vegas Latinx legislators’ state-level about their city’s student outcomes involvement is any indication, it is for majority-minority schools and likely that urban education will rise its connection to city economic de- to the top of the policy agenda for city velopment and then by questioning councils in the near future. whether cities should have a greater role in local education policy issues, Conclusion if only for the schools within their city The Latinx representation in the limits.88 The concerns manifested in Nevada state legislature did not meet the creation of education committees a critical mass. Yet, Latinx legislators that included local education activists. and activists brought about significant By 2017, two cities in the Las Vegas ELL policy and political changes. As region formalized structures into city described in this case study, political departments or boards; the City of power unfolded because of three Las Vegas created the Education shifts. First, the state experienced Innovations and Department of Youth one of the most dramatic popula- Development & Social Innovation,89 tion increases in the nation. In Las and the City of Henderson formalized Vegas, the Latinx population led the the Community Education Advisory growth in the state. Second, although Board.90 While there was no Latinx there was not a Latinx critical mass representation between 1975 and in policy-making settings or local 2010 in any of the cities located in the governing structures, the Latinx Las Vegas region, by 2011, residents population explosion at the K–12 elected the first Latinx council mem- levels exposed racial inequities in ber to the City of Las Vegas Council student outcomes and school funding (James Robert Coffin, formally the and highlighted how the education

70 Harvard Kennedy School Journal of Hispanic Policy governance structure did not reflect educated, affluent, and removed from the racial demographics and policy the immigrant experience. priorities of the region. Priorities for In Nevada, elected Latinx state the low- and working-income Latinx representatives took on policy issues communities went unacknowledged, that affected working- and low-income and because of the antiquated and Latinx communities such as ELL highly centralized governance struc- education, public school funding, ture, Latinx residents found it difficult and civil rights for undocumented to shape or influence urban-education individuals. Like Reed’s findings on policies. Third, Latinx groups, seeing Black political elites,91 new Latinx closed political pathways to influence politicians aligned with businesses and local urban education, came together political elites but remained focused through private and public partner- on Latinx policies that affected their ships and created multiple leadership underserved constituents. As they and policy advocacy outlets. pursue other political positions, it Through intentional efforts by a remains to be seen whether they will collective of Latinx and non-Latinx align their policy priorities with elite private and public groups (businesses, groups more often than their less-af- private citizens, foundations, politi- fluent constituents, as Reed found cal elites), youth and civic programs in his study of Black urban regimes. focused on the role of race, public Reed argued that municipal Black policy, and civic duty and instilled political elites filled the role of racial a critical consciousness among the custodianship and primarily served next cohort of Latinxs. The collective the interest of White elites by allying experience of political exclusion in with business pro-growth interests. As urban-education policymaking led neo-liberal, pro-business education the coalition of Latinx groups to a agendas continue to sweep statehous- congruence in policy priorities, as es,92 will Latinx politicians align with exemplified in the changes to ELL elite business interests and policy policy. With few Latinx political ac- agendas to expand charter schools, tors, consensus building and agreeing promote school choice, and weaken on a common policy agenda were education unions? Will this result in uncomplicated. It remains to be seen Latinxs holding only partial power how consensus building and agenda and with elite Whites claiming the setting will evolve as Latinx policy right to shape and influence policy, interests and priorities depart and as suggested by Reed?93 In the case converge with the next generation of study presented here, the first wave Latinx, many of whom may be more of Latinx politicians were intentional

Volume 32 | 2020 71 about calling out deficit-oriented in places unaccustomed to culturally education policy, countering Latinx diverse groups. The surge in Latinx deficit narratives, and redefining who legislators brought to the fore debates is worthy of public investment. Will about immigration, social services, the next wave of Latinx politicians, and educational resources. Future as a collective, remain focused on research drawing on a LatCrit lens these issues? can examine how legislators of color Finally, using a LatCrit lens ex- draw from their experiences, how posed how dominant perceptions political structures perpetuate racial of Latinx groups in Las Vegas were inequities, and how dominant policy filtered through the lens of their eco- discourse at the state level is used to nomic value. Latinxs were initially maintain a hegemony of whiteness. welcomed as inexpensive labor, but when state resources declined during the recession, Latinx groups were Endnotes blamed for draining public resources, 1 Sharon A. Navarro and Rodolfo Rosales, eds., and some feared they would create The Roots of Latino Urban Agency, Al Filo: Mexican American Studies Series 8 (Denton, underclass neighborhoods. On the TX: University of North Texas Press, 2013.) heels of the economic downturn, 2 Adolph Reed Jr., Stirrings in the Jug: Black Latinx state legislators understood Politics in the Post-Segregation Era (Minneapo- their constituents’ experiences as lis: University of Minnesota Press, 1999). immigrants or children of immigrants 3 Louise Seamster, “The White City: Race and and first-generation college students, Urban Politics,” Sociology Compass 9, no. 12 (2015): 1049–65. and the goal of moving from working- 4 Daniel G. Solorzano and Dolores Delgado or low-income to middle-income Bernal, “Examining Transformational status shaped their policy priorities. Resistance Through a Critical Race and Latcrit Pipeline programs, such as the Latin Theory Framework: Chicana and Chicano Chamber of Commerce, the Lati- Students in an Urban Context,” Urban no Youth Leadership Conference, Education 36, no. 3 (2001): 308–42. 5 Daniel G. Solórzano and Tara J. Yosso, “Criti- and mentoring from Reid, would cal Race Methodology: Counter-Storytelling eventually be the foundation of a as an Analytical Framework for Education political-advocacy infrastructure that Research,” Qualitative Inquiry 8, no. 1 (2002): shaped critical views on the role of 23–44. race, policy, and political priorities. In 6 Richard Delgado and Jean Stefancic, eds., The a state where education funding was Latino/a Condition: A Critical Reader (New York: NYU Press, 1998). anemic, Latinx legislators and their 7 Toni Robinson and Greg Robinson, “Méndez visibility altered the order of social v. Westminster: Asian-Latino Coalition Trium- relationships among policymakers

72 Harvard Kennedy School Journal of Hispanic Policy phant?” Asian Law Journal 10 (2003): 161. 25 Solorzano and Delgado Bernal, “Examining 8 Frederick P. Aguirre, “Mendez v. Westminster Transformational Resistance.” School District: How It Affected Brown v. 26 Solórzano and Yosso, “Critical Race Board of Education,” Journal of Hispanic Methodology.” Higher Education 4, no. 4 (2005): 321–32. 27 Dolores Delgado Bernal, “Critical Race 9 “Home,” NALEO Educational Fund, n.d., Theory, Latino Critical Theory, and Critical https://naleo.org. Raced-Gendered Epistemologies: Recognizing 10 David L. Leal and Frederick M. Hess, “The Students of Color as Holders and Creators of Politics of Bilingual Education Expenditures Knowledge,” Qualitative Inquiry 8, no. 1 (2002): in Urban School Districts,” Social Science 105–26. Quarterly 81, no. 4 (2000): 1064–72. 28 Octavio Villalpando, “Practical considerations 11 Luis Ricardo Fraga and Roy Elis, “Interests of critical race theory and Latino critical theory and Representation: Ethnic Advocacy on for Latino college students,” New Directions for California School Boards,” Teachers College Student Services 2004, no. 105 (2004): 41–50. Record 111, no. 3 (2009): 659–82. 29 “Latinx Voices of Southern Nevada,” University 12 David L. Leal, Valeria Martinez-Ebers, and of Nevada, Las Vegas, n.d., https://www.library. Kenneth J. Meier, “The Politics of Latino Edu- unlv.edu/latinx. cation: The Biases of At-Large Elections,” The 30 Renee Stepler and Mark Hugo Lopez, “U.S. Journal of Politics 66, no. 4 (2004): 1224–44. Latino Population Growth and Dispersion Has 13 Max Neiman et al., Examining Latino Slowed Since Onset of the Great Recession,” Representation on California’s School Boards: Pew Research Center (blog), 8 September It’s impact on perceptions of District problems, 2016, https://www.pewresearch.org/hispan- priorities and policies (Sacramento: César E. ic/2016/09/08/latino-population-growth-and- Chávez Institute, 2010) [PDF file]. dispersion-has-slowed-since-the-onset-of-the- 14 Neiman et al., Examining Latino Representa- great-recession/. tion on California’s School Boards. 31 William H. Frey, Diversity Explosion: How New 15 Fraga and Elis, “Interests and Representation.” Racial Demographies Are Remaking America 16 Clarence N. Stone, “Looking Back to Look (Washington, DC: Brookings Institution Press, Forward: Reflections on Urban Regime 2018). Analysis,” Urban Affairs Review 40, no. 3 (2005): 32 Fast Facts 2011-2012 (Las Vegas: Clark County 309–41. School District, 2012) [PDF file], available at: 17 Stone, “Looking Back to Look Forward,” 324. http://static.ccsd.net/ccsd/content/ccsd-news/ 18 Stone, “Looking Back to Look Forward,” 313. publications/pdf/CCSDFastFacts2Color.pdf. 19 Seamster, “The White City,” 1050. 33 Frey, Diversity Explosion. 20 Reed, Stirrings in the Jug. 34 Frey, Diversity Explosion. 21 Reed, Stirrings in the Jug, 88. 35 David F. Damore, John P. Tuman, and Maria 22 Seamster, “The White City,” 1050. J.F. Agreda, A Political Profile of Nevada’s Lati- 23 Kimberle Crenshaw et al., eds., Critical Race no Population (Las Vegas: Brookings Mountain Theory: The Key Writings That Formed the West Publications, 2013) [PDF file]. Movement (New York: The New Press, 1996). 36 John P. Tuman, David F. Damore, and Maria 24 Richard Delgado and Jean Stefancic, Critical José Flor Ágreda, The Impact of the Great Race Theory: An Introduction, Third Edition, Recession on Nevada’s Latino Community (Las Critical America Series (New York: NYU Press, Vegas: Brookings Mountain West Publications, 2017). 2013) [PDF file].

Volume 32 | 2020 73 37 Patricia Leigh Brown, “EDUCATION; A Publishing Company, 2016). Besieged School District and Its Nomadic 48 Amelia Pak-Harvey, “Racial diversity of Clark Students Struggle to Keep Up,” New County students not reflected on School York Times, 31 May 2004, https://www. Board,” Las Vegas Review-Journal, 8 July 2017, nytimes.com/2004/05/31/us/education-be- https://www.reviewjournal.com/local/educa- sieged-school-district-its-nomadic-students-st- tion/racial-diversity-of-clark-county-students- ruggle-keep-up.html. not-reflected-on-school-board/. 38 Reconfiguring the Structure of School Districts 49 Amelia Pak-Harvey, “3 new trustees make (bulletin no. 97-4; Nevada Legislative Counsel all-female Clark County School Board,” Las Bureau, 1997) [PDF file]. Vegas Review-Journal, 7 January 2019, https:// 39 Kay Carl, John R. Gallifent, Jonathan Peters, www.reviewjournal.com/local/education/3- and Rick Watson, Education in the Neon new-trustees-make-all-female-clark-county- Shadow: The First 50 Years of the Clark County school-board-1568059/. School District (Las Vegas: Stephens Press, 50 Fraga and Elis, “Interests and Representation.” 2009). 51 Leal, Martinez-Ebers, and Meier, “The Politics 40 Fast Facts 2011-2012 (Clark County School of Latino Education.” District). 52 Rodriquez, Raising Hell And Making A 41 Sonya Douglass Horsford, Christina Mokhtar, Difference. and Carrie Simpson, Nevada’s English 53 Daniel Indiviglio, “Nevada’s 14.5% Unem- Language Learner Population: A Review of ployment Rate Matches Recession High,” Enrollment, Outcomes, and Opportunities (Las The Atlantic, 25 January 2011, https://www. Vegas: The Lincy Institute, 2013) [PDF file]. theatlantic.com/business/archive/2011/01/ 42 2010 graduation by race and ethnicity, “Nevada nevadas-145-unemployment-rate-matches-re- Accountability Portal,” Nevada Department cession-high/70158/. of Education, n.d., http://nevadareportcard. 54 Tuman, Damore, and Ágreda, The Impact nv.gov/di/. of the Great Recession on Nevada’s Latino 43 Magdalena Martínez, “The Problem With Our Community. Students . . . Is That Their Families Don’t Value 55 Paul Takahashi, “Now this is a labor dispute: Education,” in Engaged Research and Practice: Clark County School District vs. its teachers,” Higher Education and the Pursuit of the Public Las Vegas Sun, 2 September 2012, https:// Good, eds. Betty Overton-Adkins, Penny A. lasvegassun.com/news/2012/sep/02/teachers- Pasque, and John C. Burkhardt (Sterling, VA: union-remains-firm-belief-district-has-mo/. Stylus Publishing, 2016). 56 Ian Whitaker, “For kids at low-income schools, 44 Nora Luna and Anita Tijerina Revilla, Las Vegas’ teacher shortage hits especially “Understanding Latina/o School Pushout: hard,” Las Vegas Sun, 26 August 2015, Experiences of Students Who Left School https://m.lasvegassun.com/news/2015/aug/26/ Before Graduating,” Journal of Latinos and kids-low-income-schools-las-vegas-teacher- Education 12, no. 1 (2013): 22–37. shortage/. 45 Martínez, “The Problem With Our Students.” 57 Lynette Curtis, “Budget crisis could sink 46 M.L. Miranda, A History of Hispanics in English Language Learner program,” Las Southern Nevada (Reno: University of Nevada Vegas Review-Journal, 24 April 2011, https:// Press, 1997). www.reviewjournal.com/local/education/ 47 Thomas Rodriquez, Raising Hell And Making budget-crisis-could-sink-english-language- A Difference (Topeka: Jack Cobos Design & learner-program/.

74 Harvard Kennedy School Journal of Hispanic Policy 58 Amelia Pak-Harvey, “CCSD says board needs the American Political Science Association to find another $22M in budget cuts,” Las Ve- (Rutgers University) [PDF file]. gas Review-Journal, 15 November 2017, https:// 69 Gonzalez, “20 years of term limits.” www.reviewjournal.com/local/education/ 70 Dara Lind, “The gutsy decision that saved ccsd-says-board-needs-to-find-another-22m-in- Harry Reid’s career and made him a hero to budget-cuts/. Latinos,” Vox, 27 March 2015, https://www.vox. 59 Jackie Valley and Riley Snyder, “Who’s to com/2015/3/27/8301387/harry-reid-dream-act. blame for CCSD’s $60 million budget 71 Lind, “The gutsy decision that saved Harry shortfall? District, state, lawmakers all pointing Reid’s career.” fingers,” Nevada Independent, 2 September 72 Michelle L. Price and Nicholas Riccardi, 2017, https://thenevadaindependent.com/ “Reid machine keeps humming in Ne- article/whos-to-blame-for-ccsds-60-million- vada, even in his retirement,” Associated budget-shortfall-district-state-lawmakers-all- Press, 18 November 2018, https://apnews. pointing-fingers. com/9e580a5d4c274084afa36bf39795d8e4. 60 Emily L. McIlveene, “Adelante Nevada: A 73 Karoun Demirjian, “With butterflies and Case Study of Latino Political Incorporation yet-to-be fulfilled hopes, Nevada Dreamers in a New Immigrant Destination” (master’s watch immigration vote,” Las Vegas Sun, 28 thesis, University of Miami, 2014), https://schol- June 2013, https://lasvegassun.com/news/2013/ arlyrepository.miami.edu/cgi/viewcontent. jun/28/tight-chests-and-yet--be-fulfilled-hopes- cgi?referer=&httpsredir=1&article=1552&con- nevada-dr/. text=oa_theses. 74 Michael Leachman, Kathleen Masterson, 61 Rodriquez, Raising Hell And Making A and Eric Figueroa, “A Punishing Decade for Difference. School Funding,” Center on Budget and Policy 62 Miranda, A History of Hispanics in Southern Priorities (blog), 29 November 2017, https:// Nevada. www.cbpp.org/research/state-budget-and-tax- 63 Stone, “Looking Back to Look Forward.” /a-punishing-decade-for-school-funding. 64 “Our History,” Latin Chamber of Commerce, 75 Tuman, Damore, and Ágreda, The Impact 2020, https://lvlcc.starchapter.com/content. of the Great Recession on Nevada’s Latino php?page=Our_History. Community. 65 “LYLC,” Latino Youth Leadership Conference, 76 David McGrath Schwartz, “Brian San- n.d., https://www.latinoyouthleadership.org/ doval’s move right distresses Hispanics,” about1-c4r9. Las Vegas Sun, 3 May 2010, https:// 66 Assemblywoman, personal interview, 21 lasvegassun.com/news/2010/may/03/ January 2019. sandovals-move-right-distresses-hispanics/. 67 Yvonne Gonzalez, “20 years of term limits: 77 Alejandro Lazo, “Nevada’s Popular Governor How the faces of Nevada’s Legislature have Brian Sandoval a Puzzle for Some in GOP,” changed,” Las Vegas Sun, 20 July 2017, https:// Wall Street Journal, 20 April 2015, https:// lasvegassun.com/news/2017/jul/20/20-years-of- www.wsj.com/articles/nevadas-popular-gov- term-limits-how-the-faces-of-nevadas-l/. ernor-brian-sandoval-a-puzzle-for-some-in-g 68 Susan J. Carroll and Krista Jenkins, “Increasing op-1429568469. Diversity or More of the Same? 78 “Nevada School Funding Shortages Students,” Term Limits and the Representation of Women, Education Law Center, 16 March 2016, https:// Minorities, and Minority Women in State edlawcenter.org/news/archives/school-fund- Legislatures,” in 2001 Annual Meeting of ing/nevada-school-funding-shortchanges-stu-

Volume 32 | 2020 75 dents.html. son-community-education-advisory-board. 79 Bruce Baker et al., Is School Funding Fair? 91 Reed, Stirrings in the Jug. America’s Most Fiscally Disadvantaged School 92 Wayne Au and Joseph J. Ferrare, eds., Mapping Districts (Education Law Center, Rutgers Corporate Education Reform: Power and Policy Graduate School of Education, 2016) [PDF Networks in the Neoliberal State, First Edition file]. (New York: Routledge, 2015). 80 Minutes of the Senate Committee on Finance 93 Reed, Stirrings in the Jug. (76th Session; Nevada Senate Committee on Finance, 2011), p. 7 [PDF file]. 81 “Overview | SB508,” NELIS, 23 March 2015, https://www.leg.state.nv.us/App/NELIS/ REL/78th2015/Bill/2237/Overview. 82 Horsford, Mokhtar, and Simpson, Nevada’s English Language Learner Population. 83 Magdalena Martínez, “Nevada’s Language Learner Strategy: A Case Study on Policy- making and Implementation,” in The Wiley Handbook of Teaching and Learning, eds. Gene E. Hall, Linda F. Quinn, and Donna M. Gollnick (Hoboken: Wiley-Blackwell, 2018), pp. 300–20. 84 Andrew Doughman, “Education advocates threaten lawsuit over funding public schools,” Las Vegas Sun, 1 May 2013, https://lasvegassun. com/news/2013/may/01/education-advo- cates-threaten-lawsuit-over-public-s/. 85 Personal interview, 6 October 2016. 86 Martínez, “Nevada’s Language Learner Strategy.” 87 “Overview | Zoom,” State of Nevada Depart- ment of Education, 2012, http://www.doe. nv.gov/English_Language_Learners(ELL)/ Zoom/. 88 Sean Whaley, “Bill would allow Nevada cities to form own school districts,” Las Vegas Review-Journal, 31 March 2015, https://www. reviewjournal.com/news/bill-would-allow-ne- vada-cities-to-form-own-school-districts/. 89 “Youth Development and Social Innovation,” City of Las Vegas, n.d., https://www.lasvegasne- vada.gov/Government/Departments/YDSI. 90 “Henderson Community Education Advisory Board,” City of Henderson, 2017, https://www. cityofhenderson.com/education/hender-

76 Harvard Kennedy School Journal of Hispanic Policy Commentary The War on Immigration in the Age of Big Data and Artificial Intelligence

Thomas Franco

Thomas is a first-year master in thinking skills. At the Kennedy public policy student at the John F. School, Thomas serves as a co- Kennedy School of Government chair of the US Latinx Caucus and at Harvard University. He is a as a leader for the Harvard Latinx first-generation student and the Leadership Initiative. proud son of a Mexican immigrant. A native of San Angelo, Texas, He currently works as a policy Thomas has participated as a communications associate at vocalist, guitarist, and violinist in Opportunity Insights, a Harvard- professional mariachi groups since based anti-poverty research a young age and has competed at institute that uses big data to inform the national level. Before coming policymakers about economic to Cambridge, Thomas taught mobility gaps. Thomas’s policy sixth-grade math in San Jose, interests include the governance California, for two years as a Teach of emerging technologies and for America corps member. As an their impacts on vulnerable educator, Thomas worked primarily populations. He holds a bachelor with English language learners and of arts in cognitive science from founded a speech and debate team Case Western Reserve University, to empower his students’ critical- where his senior capstone focused on Latinx civic engagement in

Volume 32 | 2020 77 Ohio during the 2016 presidential advocating for immigrants’ rights, we elections. Thomas also holds a must ultimately judge our efficacy secondary teaching credential in light of the emerging digital era. in urban education from Loyola Sanctuary Laws Alone Won’t Marymount University and is an Suffice alumnus of the Congressional In ten states and dozens of cities and Hispanic Caucus Institute counties across the country, allies in positions of power— from governors internship program. to mayors—have demonstrated an Over the latter half of the last decade, unwillingness to fall complicit in the the Latinx community and its allies wave of deportations driven by the have banded together to denounce Trump administration by declaring what many have argued are unethical their cities as sanctuaries.1 These practices employed by the Depart- sanctuaries have largely been defined ment of Homeland Security (DHS). in their refusal to allow ICE to gain In that time, a wave of debates both physical access to places like court- on national political stages and in rooms and jails and have barred law local spheres have put the US Latinx enforcement agencies from assisting community front and center and ICE in its efforts to detain and deport spurred public discourse on a critical undocumented immigrants.2 question: how will we protect our Yet, despite the progress seen here, undocumented community members? ICE has operated through digital In this pivotal moment, we find channels. Since the Obama admin- ourselves fronting an entirely new bat- istration, ICE’s reliance on sourcing tle than that of previous generations. data digitally through commercial From technological advancements and state contracts, for instance, has made in surveillance capabilities to circumvented physical barriers to greater access to large sets of personal accessing vital information needed data, the evolution of location and to make arrests. By leveraging gov- deportation tactics requires that we ernment data sharing and third-par- reconsider how we defend our civil ty contracts, ICE has retained its liberties in the age of big data and ability to use the state as a means artificial intelligence. We must also of assistance.3 acknowledge the capitalistic market In Washington, a sanctuary state, forces that have developed out of a ICE was able to determine the type lack of regulatory policies and that of passport or birth certificate used have empowered such practices. In by drivers when they applied for a

78 Harvard Kennedy School Journal of Hispanic Policy license.4 If these documents were those with non-REAL IDs will also be from another country, for instance, shared.7 While drivers’ license infor- ICE made assumptions that not only mation has been under the spotlight, allowed it to target individuals but there exists a larger question about strengthened its cases against defen- how states cooperate with federal dants in court by supplying evidence entities and what they are willing to to use against them. risk by failing to share the data ICE As more states, counties, and cities seeks. One thing is certain: failure rally to protect their undocumented to meet a critical standard of user communities, they must consider privacy and mandating its codification what laws will actually undercut through legislation reflects a lack of ICE’s efforts. This type of strategic serious commitment to safeguarding mapping requires consideration of immigrants’ rights. how data can be used as a cross-ref- erence tool, even data that have The Weaponization of ICE theoretically been anonymized. But data troves go beyond local and Sanctuary laws must be strategic state agencies. The rise of tech giants in deterring immigration officials including Facebook and Amazon has from using data in malicious ways. catapulted both the reach of data That is, policymakers must see the mining and the power for private firms protective measures through the to establish their own guidelines. This eyes of the hacker, as cybersecurity has largely gone unchecked, as the professionals would with any other United States is one of the few coun- type of security effort.5 This type of tries without any formal legislation to proactive framework has been seen protect data privacy beyond specific in states such as California, where types of information like medical the redaction of certain types of data records or educational history. Indeed, on licenses has served to hide infor- this lack of data governance has drawn mation that might reveal whether academics and legal practitioners or not a person is undocumented. from various universities and privacy Yet, even in California’s attempt advocacy organizations to propose to outmaneuver ICE, the redaction different models of governance and itself potentially indicated that the key principles to guide the framework information was not available because for drafting policy.8 Yet there has been the individual was undocumented.6 little movement at the federal level, And with the emerging REAL ID even in instances where legislation state-to-state data-sharing system, it is has been formally introduced. unclear whether information about

Volume 32 | 2020 79 The Commercialization of Though the company maintains that Personal Data it does not work with the enforcement While the American public has drawn division of DHS, internal documents a critical eye to how their data are have revealed that its platform has collected, stored, and sold by private been used to build profiles of and track entities, there has yet to be a consensus migrants and their family members.10 on where this line is drawn. In the DHS asserts that these types of profiles absence of this clarity, companies are not restricted to undocumented including Facebook are granted the immigrants but extend to those with grounds to use and share these data authorized presence as well. The tool as they see fit, and in some instances, scrapes data from state and federal the law has even required that they entities and supplies agents with infor- share it in certain circumstances like mation including immigrant history, criminal investigations. In its latest family relationships, addresses, phone transparency report, Facebook cited numbers, and biometric data.11 By that in the first half of 2019, there were leveraging this critical information, over 6,000 requests by US government ICE is able to target individuals and agencies and law enforcement agents their families. for specific types of information like The tool is hosted on cloud services IP addresses of users and far more offered by Amazon, a company whose for cases where warrants or court actions have raised vocal opposition orders were granted.9 In the wake of by company employees and advocacy this level of sharing, it is important groups.12 to ask whether the country should be comfortable with allowing the Growing Use of Facial government to reach into the private Recognition lives of individuals at this scale. While Amazon’s cloud services have But even where social media fail indirectly supported ICE, it has also to provide the necessary information sought formal partnerships by pitching to locate and deport undocumented its own facial recognition tool in a vie immigrants, ICE has found an abun- for lucrative contracts born out of the dant supply of other data providers. agency’s $592 million IT budget.13,14 Palantir Technologies, a firm In In cases like this, it is important co-founded by entrepreneur and ven- to ask whether the public should ture capitalist Peter Thiel (who also continue to support companies that co-founded Paypal), has been one of seek to enable ICE’s mounting attacks. the main sources of data mining and Yet, where public outcry may persist data-management software for ICE. and might ultimately lead to large

80 Harvard Kennedy School Journal of Hispanic Policy companies ending these harmful to abandon a tool that has become a partnerships, there may always be growing necessity in today’s society, smaller companies capable of offering both for the ability it provides immi- similar services. grants to rise to high-wage jobs and One such company, known as to help them reach their community Clearview AI, has carved out the op- in cases of emergency. portunity to serve the growing demand by law enforcement officials for more With Access Comes Power efficient tech tools. By scanning public As ICE increases its ability to track data on social media and the internet, an individual’s every move, to identify Clearview has grown a database ca- them in a matter of seconds, and to pable of identifying individuals from learn every detail of their lives, the a simple photo or video clip.15 While entire community’s ability to simply the company’s contracts have thus far live and exist becomes threatened. been with police forces, there rests an How does one function in life when indirect connection with ICE. In cities they must avoid all locations with and states where sanctuary laws don’t cameras, including schools or gro- exist, or where they go unenforced cery stores? The exacerbation of such by officers, a simple request by ICE surveillance and data-driven tools has means indirect access to the software created a systemic promotion of fear. and the ability to instantly identify And in that fear, in that suppression someone with the click of a button. of mobility—both physically and economically—ICE will have won Mobile Location Services and the people will have lost, for the But ICE has not stopped at the abil- very undocumented immigrants who ity to know who they are looking have upheld our economy, provided for—they’ve virtually guaranteed that pools of talent and knowledge, and they know where to look. Background passionately embraced public service location services on mobile devices will have been forced into the shadows have enabled the agency to locate at an unprecedented scale. targeted individuals in real time us- ing ordinary mobile apps including What Can We Do? games as a source for geolocation.16 In real-time monitoring of immigrants, Support Advocacy Groups there exists an incentive to stop using In light of this growing reality, several mobile devices entirely. And with organizations have answered the call that precautionary measure, the un- to dismantle ICE’s growing techno- documented community is driven logical capabilities. Organizations

Volume 32 | 2020 81 including Mijente, the Immigrant community to join the fight for this Defense Project, and the National reform.19 Immigration Project have tracked and published reports on ICE’s use Ban the Use of Facial of data and technology.17 They have Recognition united to form a front that has called Additionally, cities like San Francisco, on companies like Palantir and Ama- California, and Somerville, Massa- zon to cut ties with ICE and, in doing chusetts, have made critical progress so, sent a clear message that personal by banning government use of facial data are not for sale. It is important to recognition unless approved by city support these types of organizations, officials.20,21 Other cities, counties, to take up the mantle and join them and states can cripple ICE’s efforts in their fight by holding companies by taking similar preventative mea- and state agencies accountable for sures. Likewise, it is important to their enablement of the targeting and advocate for federal legislation such removal of our community members. as the Commercial Facial Recognition Privacy Act of 2019, which seeks to Establish Data Oversight prevent commercial actors from using It is increasingly clear that sanctuary facial recognition software without laws alone will not safeguard how the consent of end users. Though the data are shared and whom they serve. proposed legislation does not include Even in cases where the direct shar- governments and law enforcement ing of data will be outlawed, there agencies among those barred from will always be third-party contracts using facial-recognition technology, or loopholes that will grant access it stifles the ability for commercial indirectly to ICE. Truly blocking vendors who have already developed access to personal data requires that these tools to work with ICE. By the United States enact privacy laws creating this barrier, ICE is forced that extend beyond the outdated and to depend on slower, less-effective highly specific policies currently in tools for surveillance. place. Such frameworks already exist in many countries, modeled after Final Thoughts the EU’s General Data Protection In the dawn of our digital era, we Regulation (GDPR).18 Though the face increasingly complex methods of United States must adapt any prin- surveillance and data collection. Yet, ciples to its unique needs, it must the efforts we have made thus far for begin the crucial steps of ensuring protecting undocumented immigrants data privacy, and it’s time for our fail to account for this new reality. In order to protect the undocumented Shared (National Immigration Law Center). community and ensure the ability to 8 Jessica Fjeld et al., “Principled Artificial Intelligence: Mapping Consensus in Ethical not only exist in society but thrive in and Rights-based Approaches to Principles for achieving power and representation, it AI” (white paper, Berkman Klein Center for is important to push for data privacy, Internet & Security, 2020). dismantle the commercialization of 9 “United States,” Facebook Transparency, personal data, and cripple malicious n.d., https://transparency.facebook.com/ use of facial recognition. These efforts government-data-requests/country/US. 10 April Glaser, “Palantir Said It Had Noth- will meet headfirst the challenges ing to Do With ICE Deportations. New st presented by the 21 -century tactics Documents Seem to Tell a Different Story,” used to suppress and disenfranchise Slate, 2 May 2019, https://slate.com/technol- our community members. ogy/2019/05/documents-reveal-palantir-soft- ware-is-used-for-ice-deportations.html. Endnotes 11 Karen Hao, “Amazon is the invisible backbone 1 Bryan Griffith and Jessica M. Vaughan, of ICE’s immigration crackdown,” MIT “Map: Sanctuary Cities, Counties, Technology Review (blog), 22 October 2018, and States,” Center for Immigration https://www.technologyreview.com/s/612335/ Studies, 5 February 2020, https://cis.org/ amazon-is-the-invisible-backbone-behind-ic- Map-Sanctuary-Cities-Counties-and-States. es-immigration-crackdown/. 2 Tal Kopan, “What are sanctuary cities, and can 12 “Palantir Played Key Role in Arresting Families they be defunded?” CNN, 26 March 2018, for Deportation, Document Shows,” Mijente https://www.cnn.com/2017/01/25/politics/ (blog), 2 May 2019, https://mijente.net/2019/05/ sanctuary-cities-explained/index.html. palantir-arresting-families/. 3 McKenzie Funk, “How ICE Picks Its Targets in the Surveillance Age,” New York Times, 13 Janus Rose, “Amazon Says The Face Recog- updated 3 October 2019, https://www.nytimes. nition Tech It Sells to Cops Can Now Detect com/2019/10/02/magazine/ice-surveillance-de- ‘Fear’,” Motherboard (blog), 13 August 2019, portation.html. https://www.vice.com/en_us/article/7x59z9/ 4 Jason Pagano and Fil Aegerter, “ICE the-facial-recognition-system-amazon-sells-to- used Washington drivers licenses to hunt cops-can-now-detect-fear. immigrants, researchers say,” NPR, 8 July 14 Who’s Behind ICE?: The Tech and Data 2019, https://www.kuow.org/stories/ice-us- Companies Fueling Deportations (National es-washington-drivers-licenses-to-hunt-immi- Immigration Project, Immigrant Defense grants-for-deportation-researchers-say. Project, Mijente) [PDF file]. 5 Nathaniel C. Fick, “See Your Company Through the Eyes of a Hacker,” Harvard 15 Kashir Hill, “The Secretive Company That Business Review (blog), 24 March 2015, https:// Might End Privacy as We Know It,” New York hbr.org/2015/03/see-your-company-through- Times, updated 10 February 2020, https://www. the-eyes-of-a-hacker. nytimes.com/2020/01/18/technology/clear- 6 How California Driver’s License Records Are view-privacy-facial-recognition.html. Shared With The Department Of Homeland 16 Byron Tau and Michelle Hackman, “Federal Security (National Immigration Law Center, Agencies Use Cellphone Location Data ACLU Northern California, 2018) [PDF file]. for Immigration Enforcement,” Wall Street 7 How California Driver’s License Records Are Journal, 7 February 2020, https://www.wsj.

Volume 32 | 2020 83 com/articles/federal-agencies-use-cell- phone-location-data-for-immigration-enforce- ment-11581078600. 17 Who’s Behind ICE? (National Immigration Project, Immigrant Defense Project, Mijente). 18 Matt Burgess, “What is GDPR? The summary guide to GDPR compliance in the UK,” Wired, 21 January 2019, https://www.wired.co.uk/ article/what-is-gdpr-uk-eu-legislation-compli- ance-summary-fines-2018. 19 Rachael Myrow, “California Rings In The New Year With A New Data Privacy Law,” NPR, 30 December 2019, https://www.npr. org/2019/12/30/791190150/california-rings-in- the-new-year-with-a-new-data-privacy-law. 20 Trisha Thadani, “San Francisco bans city use of facial recognition surveillance technology,” San Francisco Chronicle, 14 May 2019, https://www. sfchronicle.com/politics/article/San-Francisco- bans-city-use-of-facial-recognition-13845370. php?psid=4T9Xy. 21 Katie Lannan, “Somerville Bans Government Use Of Facial Recongition Tech,” Bostonomix (blog), 28 June 2019, https://www.wbur.org/ bostonomix/2019/06/28/somerville-bans-gov- ernment-use-of-facial-recognition-tech.

84 Harvard Kennedy School Journal of Hispanic Policy Feature The Housing Choice Voucher Program and Upward Mobility: Through a Latino Lens

Mayra Vazquez

Mayra was born and raised in community- and business-outreach National City, California, a low- efforts and advised on economic income, predominantly Latino development policy. She later community located 12 miles north joined the San Diego Regional of the US–Mexico border. As Chamber of Commerce—the the daughter of a middle-school largest chamber on the West educated, single mother, she Coast—where she worked with learned early on the importance of businesses, all levels of government, resiliency and the value of earning nonprofits, and academia on an education for a more prosperous trade, education, and workforce- future. Mayra grew up receiving development policies that spurred housing assistance through HUD’s economic growth in the cross- Housing Choice Voucher program, border region. During her tenure, and she is passionate about she co-authored an agreement providing access and opportunities with the Mexico Senate, revamped for upward mobility and economic a policy committee, and co- empowerment to all, especially developed a bimonthly binational communities like her own. forum. She began her career at the San In 2018, Mayra led the first Diego City Council, where she led Deferred Action for Childhood

Volume 32 | 2020 85 Arrivals (DACA) advocacy ing Choice Voucher (HCV) program efforts for Girls Inc. out of their helps low-income families afford safe national Office of Public Policy and decent housing through tenant- based rental assistance. Of the cur- in Washington, DC. She then rently estimated 2.2-million voucher went to the US Department of holders, 18 percent are Hispanic.1 Housing and Urban Development Low-income families benefitting and the US House Committee from assisted rental housing, such as on Appropriations as the the HCV program, often have limited skills and education.2 In the United Congressional Hispanic Caucus States, over 12 million Hispanics live Institute’s Housing Graduate below the poverty level, and only about Fellow. During her placements, 40 percent of Hispanic adults have she contributed to policy program an educational attainment higher than a high school diploma.3 When improvements and legislation on compared with other immigrant com- housing and upward mobility. munities, Hispanic immigrant families Mayra earned her master’s degree fare worse in college completion and in public administration, as a on the lower end of median earned 4 National Urban Fellow, from income. Greater access to educational opportunities and workforce training the Marxe School of Public and can lead to reduced poverty, higher International Affairs at Baruch wages, and higher levels of education College and was inducted into attainment. the MPA Honor Society, Pi Alpha By making education and work- Alpha. She earned her bachelor of force-development resources a perma- nent component of the HCV program, arts in international studies from this could propel upward mobility for California State University, Long all working age, nondisabled vouch- Beach, and is an alumna of the er holders. This is possible through Hispanas Organized for Political extensive collaboration among fed- eral agencies, such as an interagency Equality (HOPE) Leadership agreement between HUD, the US Institute. Department of Education, and the US Department of Labor. Such agree- Abstract ment would provide an opportunity The US Department of Housing and to make a greater intergenerational Urban Development’s (HUD) Hous- socioeconomic impact for Latino and

86 Harvard Kennedy School Journal of Hispanic Policy all voucher holders. (FSS) program focuses on increasing earned income for HCV households.7 Overview FSS is administered through Public Rental assistance, such as the Housing Housing Authorities (PHAs), which Choice Voucher (HCV) program, facilitate services such as educa- helps impoverished families access de- tion, job training, and employment cent housing. However, the program counseling.8 Although FSS promotes is missing an enormous opportunity increased earned income through ed- to propel upward mobility for all ucation and workforce development, program participants who are able the program has its limitations. For to work—that is, voucher recipients example, approximately less than half who are under 62 years old and do (723) of all PHAs offer the program.9 not have a disability that prevents PHAs need to compete for limited them from being employed. funds intended for FSS coordinators, Families enrolled in rental-assis- and HCV households must go through tance programs usually face multiple a selection process to secure one of barriers to better employment, such the limited FSS slots offered. as limited skills and education.5 Part of HUD’s current strategic plan pri- What Is HCV? ority goals is to “promote economic The Section 8 HCV program was opportunity” of assisted households.6 permanently established as a form of By not pairing housing-voucher as- tenant-based rental assistance in 1987, sistance directly with education and and since has become the major form workforce-development resources/ of federal rental housing assistance services, the HCV program can in the United States, serving approx- prevent families from climbing the imately 2.2 million households.10 socioeconomic ladder to eventually Funded by HUD and administered become independent of the housing by more than 2,000 local PHAs, the assistance. program makes housing accessible Under the current government and affordable for low- and very-low- system of disconnected services and income families.11 PHAs pay a large funding for housing, education, and portion of rental payments directly to workforce development, voucher landlords while easing the voucher holders are at risk of prolonged and/or holder’s contribution, typically 30 intergenerational poverty, potentially percent or less of their household resulting in permanent dependence income. In 2018, 63 percent of pro- on HUD-assisted housing. gram participants reported an annual HUD’s Family Self-Sufficiency income less than $15,000, and the

Volume 32 | 2020 87 median length of voucher use for panics lived below the poverty level, nonelderly and nondisabled recipients and only about 40 percent (ages 25 is approximately four years.12 years and older) have an educational As of December 2018, 18 per- attainment higher than a high school cent of HCV heads of household diploma or GED (Table 1).18 are Hispanic.13 PHAs in eight states (Arizona, California, Colorado, Estimates (male Total Connecticut, New Mexico, North and female) Percentage Less than 9th Carolina, Pennsylvania, and Texas) 6 million 18% grade report that 50 percent or more of their HCV beneficiaries are Latino.14 9th–12th grade, no high 4.3 million 13% Furthermore, Hispanic households school diploma tend to use their vouchers for longer High school 9.4 million 28% periods of time when compared to diploma/GED White non-Hispanic voucher holders Some college 13.5 million 40% and Latinos in project-based assisted and above 15 housing. Total 33.4 million 100%

HCV and Upward Mobility Educational Attainment for the Population 25 Years and Over (Hispanic or Latino) Are Not Mutually Exclusive If HUD intends to advance economic As of 2017, 38 percent of Hispanics opportunity of assisted households, in the United States were born outside there should be a greater commit- of the country.19 Particularly for poor ment to move beneficiaries up the Hispanic immigrant families, higher socioeconomic ladder and out of education and higher incomes are HUD-assisted housing.16 harder to achieve. When it comes In the United States, the Ameri- to college attainment, first- and sec- can Dream is often associated with ond-generation Hispanic immigrants upward mobility, or the opportunity fare worse compared with Black and to transition to a higher social and/ Asian immigrants (Chart A). Research or economic class.17 Upward mobility also reveals that first-generation His- is fostered through various factors panic immigrants have a median including education and employment income of about $30,000—approxi- attainment. However, for many Lati- mately $10,000 less than Black immi- nos in the United States, poverty and grants and almost $30,000 less than low levels of education are barriers to their Asian counterparts.20 advancing the socioeconomic ladder. We have an opportunity to improve In the last year, over 12 million His- the HCV program by integrating

88 Harvard Kennedy School Journal of Hispanic Policy education and workforce-development Affairs Supportive Housing (HUD- resources for upward mobility and VASH) program, which pairs HUD eventual exit of the program. housing vouchers and case manage- ment and services with the Department of Veterans Affairs (VA) for homeless veterans.21 The agreement should connect DOE and DOL resources and services with PHAs to provide program funding, capacity, and professional expertise to voucher recipients.

College Completion: First- and Approximately 42 percent of Second-Generation Immigrants HUD-VASH participants Recommendations exited the program after leasing The following two recommendations their own housing, and in are evaluated through effectiveness, 2016, a 47-percent reduction equity, and political feasibility. of veteran homelessness was Pair Vouchers with Resources attributed to HUD-VASH.22 from the Department of Education and the Department This proposal is very cost effective of Labor because it would seek to maximize the HUD should better serve HCV house- use of existing federal funds. Currently, holds by pairing vouchers with perma- $17 billion are already spent on work- nent education and workforce-devel- force development.23 Through stronger opment support rather than temporary collaboration with the DOL, we would and limited efforts through agency be more effective at equipping some demonstrations such as FSS and Jobs of the poorest families in our country Plus. However, HUD alone should with workforce-development tools for not take on this responsibility. The a better chance to climb the socio- Department of Labor (DOL) and economic ladder. Given the diverse the Department of Education (DOE) educational needs among HCV house- are dedicated agencies in these fields holds, the DOE’s current programs that are fully capable of contributing ranging from K–12 to adult and higher through a permanent interagency education can also be beneficial.24 agreement. This concept would be It is critical that our federal govern- modeled after the HUD-Veterans ment be more effective in domestic

Volume 32 | 2020 89 spending while streamlining resources ing families and excludes those who that foster long-term educational and receive housing vouchers. On the economic achievement, especially to education front, HUD and the DOE communities that need it the most. collaborate through Project SOAR, Through this proposal we also which promotes the completion of the address inequities related to (1) the Free Application for Federal Student earning potential of HUD-assisted Aid (FAFSA) form.30 The program has households and (2) access to cur- been deemed successful and often has rent HUD resources. For example, been the primary source of college employed HUD-assisted individuals guidance for very-low-income, first-gen- rarely “earn more than minimum eration Latino college students.31 wage,” and many of those who are Nevertheless, Project SOAR targets employed have part-time jobs rather youth in public housing. Through than full time.25 This shows a disparity the proposed interagency agreement, in earning potential for HUD-assisted Project SOAR should be made perma- families and the need to prepare them nent and inclusive of youth in HCV through “high-quality training” to households. Whether or not a student level out the playing field and aim for in HUD-assisted housing will receive higher-wage employment.26 The DOL FAFSA support, to afford and attend has prioritized workforce training for college, should not be determined by higher-paying jobs and apprenticeship their housing assistance type. programs.27 On average, apprenticeship programs have a starting salary of $15 “There were a lot of things per hour and are usually a “learn- on-the-job approach,” which would I didn’t know about college benefit voucher holders by having a before meeting Project job through which they quickly em- SOAR.” – Stephanie Sanchez, bark on a long-term increased-earning CSULB, kinesiology major, path.28 In regards to HUD’s current resources, the Jobs Plus demonstration Project SOAR participant at provides employment support that the Housing Authority City of has been attributed to higher earned Los Angeles (HACLA)32 income among participants.29 Jobs Plus completely disregards additional A more educated and self-sufficient earned income, whereas FSS requires society, lower unemployment rates, the additional income be contributed a strong economy, and meeting the to an escrow account. However, this needs of our most vulnerable commu- program is specifically for public-hous- nities are a few potential outcomes that

90 Harvard Kennedy School Journal of Hispanic Policy make this proposal politically feasible. ity, rent payment, and inspections.35 Policy decision makers across our FSS is the only program-enrollment country, regardless of party affiliation indicator based on the computed man- or level of government, support the datory slots, but it does not consider mission to foster education, ensure program completion rate or race of equal access, and improve employ- participants.36 ment opportunities and wages.33 It While it is common to request addi- would also fulfill the objectives of all tional funding for more vouchers, this three agencies—without requesting proposal would ensure that the HCV additional funding—while making a program effectively equips families big push to alleviate poverty among with the resources they need for a HCV households. strong foundation and successful HUD assistance exit, while making vouchers Enhance HUD Goals and available for more of those in need. Metrics In the United States, only one of four Considering HUD’s current goal of eligible households receives federal advancing economic opportunity for housing assistance, and approximately HUD-assisted households and “positive three million HCV-eligible families exit” metrics, additional factors should remain on waiting lists.37 It is clear be considered.34 A “successful exit” that the demand is much greater than should mean eliminating the need that the supply. Just as the Housing First brought people into the program in the program is a wraparound HUD-assis- first place and provide households with tance entry model, the HCV program the foundation for sustainable econom- should have an equivalent path for ic independence. To meet this goal, program exits.38 performance metrics should be used to keep HUD and PHAs accountable Housing First is a HUD of their contribution to the upward mobility of HCV households. The wraparound model for Section 8 Management Assessment homeless families that provides Program (SEMAP) should include stability by connecting an indicator on PHA-provided (or individuals to a home as the facilitated) wraparound programs to HCV household based on their needs first step in their recovery including, but not limited to, education process. Services offered and workforce development. Of the focus on housing stability and 14 current SEMAP indicators, most are administrative related to eligibil- individual well-being.

Volume 32 | 2020 91 This approach would address ineq- resources and guided by stronger uities by including enrollee outcomes interagency collaboration. By doing and a participant’s race in the SEMAP this, we would ignite upward-mobility data reporting. It is vital that we know, paths for all working-age voucher on a regular basis, who is faring better holders. Since Latinos are the sec- or worse to make needed adjustments ond-fastest-growing ethnic group in for equitable program exits. Race the United States, we have a greater may be a critical factor in developing opportunity to make significant gen- equitable opportunities to move up erational changes when it comes to the socioeconomic ladder, and it is HCV Latino households.40 currently not reported through pro- grams that promote increased earned income such as Jobs Plus and FFS. Endnotes This is a politically feasible pro- 1 “Race/Ethnicity | Tenant-Based Voucher | posal because it helps mitigate risk of National | Resident Characteristics Report,” US Department of Housing and Urban Devel- intergenerational poverty for HCV opment, December 2018, https://pic.hud.gov/ households. It is to our country’s ben- pic/RCRPublic/rcrmain.asp. “Hispanic” and efit that we equip HCV households “Latino” will be used interchangeably. with resources and tools for fruitful 2 “Housing and Employment,” Evidence Matters and long-lasting program exits. At the (Washington, DC: US Department of Housing same time, program exit goals will and Urban Development, 2018) [PDF file]. 3 “Sex by educational attainment for the popu- alleviate the HCV waiting lists while lation 25 years and over (Hispanic or Latino) providing access to an affordable and | 2017 American Community Survey 1-Year safe home for more people in need. Estimates,” US Census Bureau, 2017, https:// factfinder.census.gov/faces/tableservices/jsf/ Conclusion pages/productview.xhtml?pid=ACS_17_1YR_ By increasing collaboration and estab- B15002I&prodType=table; and “Poverty status in the past 12 months by age (Hispanic lishing an interagency agreement with or Latino) | 2013-2017 American Commu- the DOE and DOL to make education nity Survey 5-Year Estimates,” US Census and workforce-development resources Bureau, 2017 https://factfinder.census.gov/ a permanent component of the HCV faces/tableservices/jsf/pages/productview. program—rather than temporary or xhtml?pid=ACS_17_5YR_B17020I&prod- voluntary—there is an opportunity Type=table). 4 “Second-Generation Americans,” Pew to actually “deliver services more Research Center (blog), 7 February 2013, https:// 39 effectively.” www.pewsocialtrends.org/2013/02/07/sec- This is the most feasible proposal ond-generation-americans/); and Nathan Joo to quickly propel upward mobility for and Richard V. Reeves, “How upwardly mobile HCV households, through existing are Hispanic children? Depends how you look

92 Harvard Kennedy School Journal of Hispanic Policy at it,” Brookings (blog), 10 November 2015, DC: US Department of Housing and Urban https://www.brookings.edu/blog/social-mobil- Development) [PDF file]. ity-memos/2015/11/10/how-upwardly-mobile- 13 “Race/Ethnicity,” US Department of Housing are-hispanic-children-depends-how-you-look- and Urban Development. at-it/. 14 “Assisted Hispanic Populations,” U.S. Depart- 5 “Housing and Employment,” Evidence ment of Housing and Urban Development, Matters. Policy Development & Research, Excel file; 6 Strategic Plan: 2018-2022 (Washington, DC: PHAs in Puerto Rico also reported over 50 US Department of Housing and Urban percent of Hispanic beneficiaries. Development, 2019) [PDF file]. 15 “Table 5,” Length of Stay (US Department of 7 Fact Sheet: Family Self-Sufficiency (FSS) Housing and Urban Development). Program (Washington, Dc: US Department of 16 Strategic Plan: 2018-2022 (US Department of Housing and Urban Development, 2016) [PDF Housing and Urban Development). file]. Any income earned above the HCV-eligi- 17 Richard V. Reeves, “The Economic Case for bility threshold goes toward an escrow account Social Mobility,” Brookings (blog), 16 August and is disbursed to the participant upon 2013, https://www.brookings.edu/opinions/ completion of the program, usually five years. the-economic-case-for-social-mobility/. 8 Fact Sheet (US Department of Housing and 18 “Sex by educational attainment for the popu- Urban Development). lation 25 years and over (Hispanic or Latino),” 9 “FSS Performance Measurement Scores,” US Census Bureau; and “Poverty status in the US Department of Housing and Urban De- past 12 months by age (Hispanic or Latino),” velopment, updated 13 November 2019, Excel US Census Bureau. file, available at: https://www.hud.gov/sites/ 19 “Place of Birth (Hispanic or Latino) in the dfiles/documents/Copy_of_FSS_PMs_Mea- United States | 2013-2017 American Com- sures_2018-11-13_final_website.xlsx. munity Survey 5-Year Estimates,” US Census 10 “Housing Voucher Management and Bureau, 2017, https://factfinder.census.gov/ Operations Division (MOD),” US Depart- faces/tableservices/jsf/pages/productview. ment of Housing and Urban Development, xhtml?pid=ACS_17_5YR_B06004I&prod- n.d., https://www.hud.gov/program_offices/ Type=table. public_indian_housing/programs/hcv/mod; 20 “Second-Generation Americans,” Pew and “Policy Basics: The Housing Choice Research Center; and Joo and Reeves, “How Voucher Program,” Center on Budget and upwardly mobile are Hispanic children?” Policy Priorities, updated 3 May 2017, https:// 21 “HUD-VASH Vouchers: Overview,” US www.cbpp.org/research/housing/policy-ba- Department of Housing and Urban Develop- sics-the-housing-choice-voucher-program. ment, n.d., https://www.hud.gov/program_of- 11 “Landlord Participation in the HCV Program,” fices/public_indian_housing/programs/hcv/ PD&R Edge, n.d., https://www.huduser.gov/ vash; and HUD-VASH Exit Study: Final Report portal/pdredge/pdr-edge-research-100918.html. (Washington, DC: US Department of Housing 12 “Income | Tenant-Based Voucher | National | and Urban Development, 2017) [PDF file]. Resident Characteristics Report,” US Depart- 22 Austin Ingleheart, “Federal government ment of Housing and Urban Development, announces decline in veteran homelessness, December 2018, https://pic.hud.gov/pic/ citing success of HUD-VASH program,” RCRPublic/rcrmain.asp; “Table 5,” in Length National Association of Counties (blog), 6 of Stay in Assisted Housing (Washington, November 2018, https://www.naco.org/blog/

Volume 32 | 2020 93 federal-government-announces-decline-veter- of Phoenix Housing Department (34 percent) an-homelessness-citing-success-hud-vash-pro- and HACLA (28 percent). gram. 32 Form Consent for Release of Information for 23 FY 19 Department of Labor Budget in Brief Project SOAR program services. (Washington, DC: US Department of Labor) 33 “About ED,” US Department of Education, [PDF file]. The $17 billion in workforce-devel- n.d., htps://www2.ed.gov/about/landing.jhtml. opment funds are spread across 14 agencies. 34 Strategic Plan: 2018-2022 (US Department of 24 Fiscal Year 2019 Budget Summary and Housing and Urban Development). Background Information (Washington, DC: 35 “Section Eight Management Assessment US Department of Education, 2019) [PDF Program (SEMAP),” US Department of file]; “Housing and Employment,” Evidence Housing and Urban Development, n.d., Matters. https://www.hud.gov/program_offices/ 25 “Housing and Employment,” Evidence public_indian_housing/programs/hcv/semap/ Matters. semap_FAQs. 26 Angela Hanks and David Madland, 36 “Section Eight Management Assessment Pro- “Better Training and Better Jobs,” Center gram (SEMAP),” US Department of Housing for American Progress (blog), 22 February and Urban Development. 2018, https://www.americanprogress.org/ 37 “Millions of Families on Voucher and Public issues/economy/reports/2018/02/22/447115/ Housing Waiting Lists,” National Low Income better-training-better-jobs/. Housing Coalition, 7 March 2016, https:// 27 “Apprenticeship Toolkit,” US Department of nlihc.org/resource/millions-families-vouch- Labor, n.d., https://www.dol.gov/apprentice- er-and-public-housing-waiting-lists; and Out of ship/toolkit.htm. Apprenticeships usually range Reach: The High Cost of Housing (Washington, from one to six years. DC: National Low Income Housing Coali- 28 FY 19 Department of Labor Budget in Brief tion, 2018) [PDF file]. (US Department of Labor); and Housing and 38 Fact Sheet: Housing First (National Alliance to Employment,” Evidence Matters. According to End Homelessness, 2016) [PDF file]. a survey of nonelderly and nondisabled tenants 39 Strategic Plan: 2018-2022 (US Department of at four PHAs, 31 percent reported having a Housing and Urban Development). trade license or certificate, compared to 12 40 Antonio Flores, “How the U.S. Hispanic percent with a college degree and 24 percent population is changing,” Pew Research lacking a high school diploma. Center (blog), 18 September 2017, https:// 29 “Housing and Employment,” Evidence www.pewresearch.org/fact-tank/2017/09/18/ Matters. how-the-u-s-hispanic-population-is-changing/. 30 “Ross for Education Program,” US Depart- ment of Housing and Urban Development, n.d., (https://www.hud.gov/program_offices/ public_indian_housing/projectsoar. 31 Form Consent for Release of Information for Project SOAR program services, 26 September 2017, for Questionnaire: Stephanie Sanchez, Housing Authority City of Los Angeles (HAC- LA). Of the nine participating PHAs, two serve a significantly high percentage of Latinos: City

94 Harvard Kennedy School Journal of Hispanic Policy Call for submissions The Harvard Kennedy School Journal of Hispanic Policy (JHP) invites established and emerging scholars, including students, researchers, journalists, artists, and policy practitioners to submit their work for JHP’s Volume 33 print publication. JHP is accepting research articles, book reviews, commentaries, and artwork submissions relevant to the latinx community in the United States for print publication consideration. All submissions must be the author’s original work.

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