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WED: State orders insurance companies to improve access to behavioral health, family sues CYFD over girl's death, + More

Albuquerque residents Michael Caldwell, left, and his wife Natasha Caldwell attend a Second Amendment Protest in response to Gov. Michelle Lujan Grisham's recent public health order suspending the conceal and open carry of guns in and around Albuquerque for 30-days, Tuesday, Sept. 12, 2023, in Albuquerque, N.M. Natasha said "we came to stand for the constitution and out of anger about what's happening with this health order." (AP Photo/Roberto E. Rosales)
Roberto E. Rosales/AP
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FR171967 AP
Albuquerque residents Michael Caldwell, left, and his wife Natasha Caldwell attend a Second Amendment Protest in response to Gov. Michelle Lujan Grisham's recent public health order suspending the conceal and open carry of guns in and around Albuquerque for 30-days, Tuesday, Sept. 12, 2023, in Albuquerque, N.M. Natasha said "we came to stand for the constitution and out of anger about what's happening with this health order." (AP Photo/Roberto E. Rosales)

CYFD faces lawsuit over child killed by her father — Santa Fe New Mexican

New Mexico’s state child welfare agency is facing a lawsuit from a family whose daughter was beaten to death after she and her brothers were removed from her mother’s home and placed with her abusive father.

The Santa Fe New Mexican reports Michael Garcia pleaded guilty Sept. 8 to second-degree murder in the 2021 death of his 2-year-old daughter, Diana McGrory. The civil lawsuit was filed in state district court on behalf of Diana and her siblings. It accuses CYFD of failing to protect them and argues that by not prioritizing the children’s safety, the agency violated their rights under the state constitution.

Garcia’s criminal history included domestic violence. He had an active warrant for his arrest when Diana died, according to the lawsuit, which also notes that before Diana was killed, Garcia was overwhelmed with parenting four young children who had special needs.

The lawsuit contends that neither the CYFD investigator nor a supervisor who worked on the family’s case was a licensed social worker. It seeks damages as well as a court order requiring CYFD to mandate training for investigators and ensure licensed social workers conduct investigations into abuse and neglect.

CYFD did not respond to requests for comment by the New Mexican.

New Mexico official orders insurance companies to expand timely access to behavioral health services Associated Press

New Mexico's top insurance regulator on Tuesday ordered health insurance companies to expand timely access to behavioral health services in response to the governor recently declaring a public health emergency over gun violence in the state's largest metropolitan area.

Democratic Gov. Michelle Lujan Grisham initially sought to ban people from the open and concealed carry of firearms in Albuquerque and surrounding Bernalillo County, but a federal judge put that effort on hold pending the outcome of multiple legal challenges.

Still, other provisions of the order remain in place, including mandates by the governor for public health officials to address substance abuse and mental health problems.

Superintendent of Insurance Alice Kane's emergency order mandates that major medical health insurers cover out-of-network behavioral health services at in-network rates.

"My office is committed to reducing barriers to vital care and doing everything we can to improve timely access to critical behavioral health care services," Kane said in a statement.

The order applies to all fully-insured individual, small and large group health plans, including those sold through the New Mexico health insurance marketplace.

Lujan Grisham has faced a public backlash for her health emergency, which many critics have described as an assault on constitutional rights that allow a person to carry a firearm for self defense.

Republican lawmakers are threatening impeachment proceedings, and even some influential Democrats and civil rights leaders have warned that Lujan Grisham's actions could do more harm than good to overall efforts to ease gun violence. Even a U.S. House committee was considering a resolution admonishing the governor. The proposal cited previous U.S. Supreme Court decisions on gun rights.

New Mexican Navajo artist honored with national award at white house — KUNM News, The Albuquerque Journal

Santa Fe artist Tony Abeyta returned this week from a trip to the White House here he was honored with the 2023 Medal of Arts presented by the U.S. State Department.

The Albuquerque Journal reports First Lady Jill Biden presented the award to Abeyta, who is known for his oil paintings of the southwest landscape, and mixed media work.

Abeyta was born in Gallup to a distinguished family of Diné artists, including his sisters and parents, all renowned artists on their own right, known for working in painting, pottery, weaving and silversmithing.

Abeyta has received numerous other awards including being named a Native Treasure by the Museum of Indian Arts and Culture, and his work has been featured in many Art in Embassies exhibitions across the world.

Artists Sheila Hicks, Robert Pruitt, Hank Willis Thomas and Suling Wang were also honored at the White House ceremony.

State governors from Arizona, New Mexico seek stronger economic ties with Taiwan - By Morgan Lee and Terry Tang Associated Press

Governors from the Southwestern United States are pursuing stronger business ties with Taiwan in hopes of attracting new foreign investments and jobs to their landlocked states.

Trade missions this week have taken New Mexico. Gov. Michelle Lujan Grisham and Arizona counterpart Katie Hobbs, both Democrats, to the self-governing island of Taiwan.

Hobbs said her goal was to encourage ongoing investments to make Arizona a hub for semiconductor manufacturing. She met Monday with Taiwan Semiconductor Manufacturing Co. executives and suppliers, visiting their plant as well as water treatment facilities.

Arizona leaders have been touting that the state will be the home of a Taiwanese microchip manufacturer's first U.S. plant, generating 12,000 construction jobs.

Construction started in 2021 on that sprawling facility that will utilize precision trademark technology for semiconductor fabrication with the capacity to produce 20,000 wafers per month. Once completed and operational next year, the plant is estimated to create 4,500 high-tech jobs.

Democratic President Joe Biden visited the site in December, praising it as a demonstration of how his policies are fostering job growth. Biden has staked his legacy in large part on major investments in technology and infrastructure that were approved by Congress along bipartisan lines.

At a business conference in Taipei on Tuesday, Lujan Grisham urged entrepreneurs and leaders to consider investment opportunities in her home state, touting a workforce with access to subsidized child care and tuition-free college.

Lujan Grisham says she hopes to expand the presence in New Mexico of Taiwanese companies that already including the label printing business Cymmetrik and wire manufacturer Admiral Cable – both with facilities at Santa Teresa, New Mexico, near a port of entry for freight between the U.S. and Mexico.

"Strengthening our relationships here is good for New Mexico, good for America, and good for Taiwan as we develop a global economy with a more stable and resilient supply chain," Lujan Grisham said in a statement.

Beijing wants to reunite the mainland with the self-governing island of Taiwan, a goal that raises the prospect of armed conflict.

At the U.N. General Assembly on Tuesday, Biden described U.S. partnerships around the globe aimed at creating economic, security and other advancements, even as he stressed that those relationships were not about "containing any country" — a clear reference to Beijing.

Several other governors — Democratic and Republican — have recently traveled on trade missions to Taiwan. Democrat Gretchen Whitmer became the first serving governor of Michigan to visit Taiwan, during an investments-related tour this month that included stops in Japan. Republican Indiana Gov. Eric Holcomb traveled to Taiwan in August on a separate trade mission.

In August, Singapore-based Maxeon Solar Technologies announced plans to build a major solar panel manufacturing plant in Albuquerque, New Mexico, pending approval of a loan application with the U.S. Department of Energy.

The factory would employ about 1,800 people to provide photovoltaic solar panels for use in residential, commercial and utility-scale solar arrays.

Hobbs' trade mission includes a visit to South Korea.

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Tang reported from Phoenix.

New Mexico official orders insurance companies to expand timely access to behavioral health services - Associated Press

New Mexico's top insurance regulator on Tuesday ordered health insurance companies to expand timely access to behavioral health services in response to the governor recently declaring a public health emergency over gun violence in the state's largest metropolitan area.

Democratic Gov. Michelle Lujan Grisham initially sought to ban people from the open and concealed carry of firearms in Albuquerque and surrounding Bernalillo County, but a federal judge put that effort on hold pending the outcome of multiple legal challenges.

Still, other provisions of the order remain in place, including mandates by the governor for public health officials to address substance abuse and mental health problems.

Superintendent of Insurance Alice Kane's emergency order mandates that major medical health insurers cover out-of-network behavioral health services at in-network rates.

"My office is committed to reducing barriers to vital care and doing everything we can to improve timely access to critical behavioral health care services," Kane said in a statement.

The order applies to all fully-insured individual, small and large group health plans, including those sold through the New Mexico health insurance marketplace.

Lujan Grisham has faced a public backlash for her health emergency, which many critics have described as an assault on constitutional rights that allow a person to carry a firearm for self-defense.

Republican lawmakers are threatening impeachment proceedings, and even some influential Democrats and civil rights leaders have warned that Lujan Grisham's actions could do more harm than good to overall efforts to ease gun violence. Even a U.S. House committee was considering a resolution admonishing the governor. The proposal cited previous U.S. Supreme Court decisions on gun rights.

Democratic congressman will support a resolution condemning New Mexico governorSanta Fe New Mexican

Democratic U.S. Rep. Gabe Vasquez plans to vote for a resolution condemning Gov. Michelle Lujan Grisham for her recent public health order that sought limits on firearms.

The Santa Fe New Mexican reports the congressman from southern New Mexico called himself a responsible gun owner and said he would support “common sense solutions that reduce gun violence.”

The governor’s original order sought to prohibit concealed and open carry of firearms in Bernalillo County. A series of lawsuits followed and protests. The governor amended her order last week to prohibit carrying weapons to parks and playgrounds in Bernalillo County.

The resolution by House Republicans was due for consideration on Tuesday afternoon, but has been pulled for now. It would be nonbinding and condemns Lujan Grisham for, quote, “blatantly violating the Second Amendment to the Constitution.”

House Democrats said the debate was a waste of time as the government comes closer to a shutdown on September 30.

ABQ purchases 145 acres of new open space land - Bryce Dix, KUNM News

The City of Albuquerque has acquired 145 acres of new open space land at the base of the Manzano mountains.

The city bought the Diamond Rock property for $1.4 Million and it’s meant to preserve wildlife habitats in danger of city development and serve as a place for public recreation and education.

Also included with the purchase is a historic building that used to serve as a saloon and a feed store. Albuquerque Parks and Recreation plans to eventually turn it into an open space center.

Nestled between the Manzano/Four Hills open space and the Route 66/Tijeras Arroyo Open Space, the newly acquired land was purchased with money from general obligation bonds, though it’s expected that more will be needed to finish the proposed open space visitor center.

That, and aproposed 2023 general obligation bond package aims to establish an education center in the Tijeras Arroyo BioZone space.

According to the Albuquerque Journal, a public meeting to create a site plan is scheduled for Oct. 14. Currently, a mixed-use trail is being considered.

Very Large Array could have a data center on UNM campusSanta Fe New Mexican

The Very Large Array in southwestern New Mexico is expanding and that could mean a new center on the University of New Mexico campus.

The Santa Fe New Mexican reports UNM has signed a memorandum of understanding with the National Radio Astronomy Observatory. It’s a federally funded agency that oversees the giant radio telescopes in Magdalena.

The two will explore creating a center that would offer training, internships and job opportunities for UNM astronomy students. The Observatory plans to replace 27 of its radio telescopes with about 260 new ones over the next two decades. Over 160 of those new telescopes will be at the current array site and the bulk of the rest will be in New Mexico.

The telescopes function as one instrument that collects space signals. The agreement calls for UNM and the Observatory to develop plans for other collaborations around the state.

The construction project is estimated to cost $2 billion and the expanded array will have an annual operating cost of $90 million.

Activists say trapping ban has been a boon for New Mexico wildlife — Daniel Montaño, KUNM News

New data from the state show a law banning animal traps has had a positive effect on numerous species since it has been implemented, and activists say they have seen a significant drop in the number of people reporting negative encounters with traps.

Since April of 2022, recreational and commercial trapping has been illegal in New Mexico thanks to Roxy’s Law — which was named for a senior dog that was caught in a trap, while her owners were unable to free her before she died.

The total number of protected species killed by trappers in the most recent season was down by 40 percent. The gray fox and the beaver in particular had their trapped numbers reduced by about half.

Chris Smith a wildlife advocate with WildEarth Guardians said the law is working exactly as intended and as a result fewer animals are “being brutally killed for private profit.”

Activists say the result falls in line with public opinion, which has turned away from fur in recent years, with a growing number of fashion companies refusing to buy or sell fur.

The law isn’t without opponents though. The New Mexico chapter of the National Trappers Association has filed a lawsuit regarding the ban that is ongoing.

APS employee and his son arrested on child pornography charges — KUNM News,The Albuquerque Journal

A longtime elementary school janitor and his son have been arrested by federal officers on charges related to child pornography.

The Albuquerque journal reports Thomas Abeyta has worked at Wherry elementary since 2008, but has been with Albuquerque Public Schools for 24 years and also worked at Governor Bent Elementary, La Mesa Elementary and Jefferson Middle schools. He is facing charges of distributing and possessing child pornography.

The FBI raided Abeyta’s home on Friday, finding hundreds of sexually explicit photos and videos depicting children. During the investigation, Abeyta sent undercover investigators photos of three different pairs of girls underwear he said he found at Wherry Elementary.

Principal Aimee Sewell sent a letter to Wherry families saying Abeyta was immediately placed on administrative leave when they were notified by the FBI, adding “It’s a stark reminder schools are not immune from the challenges of the world.”

Carlos Abeyta, Thomas’s son, was also arrested and is facing a charge of possessing content depicting the sexual exploitation of children, and authorities say they found hundreds of pictures and videos across several of his devices.

Biden's Democratic allies intensify pressure for asylum-seekers to get work permits - By Anthony Izaguirre Associated Press

As more than 100,000 migrants arrived in New York City over the past year after crossing the border from Mexico, Mayor Eric Adams and Gov. Kathy Hochul have begged President Joe Biden for one thing, above all others, to ease the crisis:

"Let them work," both Democrats have said repeatedly in speeches and interviews.

Increasingly impatient leaders of Biden's party in other cities and states have hammered the same message over the last month, saying the administration must make it easier for migrants to get work authorization quickly, which would allow them to pay for food and housing.

But expediting work permits isn't so easy, either legally or bureaucratically, experts in the process say. Politically, it may be impossible.

It would take an act of Congress to shorten a mandatory, six-month waiting period before asylum-seekers can apply for work permits. Some Democratic leaders say the Biden administration could take steps that wouldn't require congressional approval. But neither action seems likely. Biden already faces attacks from Republicans who say he is too soft on immigration, and his administration has pointed to Congress' inability to reach agreement on comprehensive changes to the U.S. immigration system as justification for other steps it has taken.

The Homeland Security Department has sent more than 1 million text messages urging those eligible to apply for work permits, but it has shown no inclination to speed the process. A backlog of applications means the wait for a work permit is almost always longer than six months.

As frustrations have mounted, Hochul has said her office is considering whether the state could offer work permits, though such a move would almost certainly draw legal challenges. The White House has dismissed the idea.

Immigrants are frustrated as well. Gilberto Pozo Ortiz, a 45-year-old from Cuba, has been living, at taxpayer expense, in a hotel in upstate New York for the last three months. He says his work authorization is not yet in sight as social workers navigate him through a complex asylum application system.

"I want to depend on no one," Ortiz said. "I want to work."

In Chicago, where 13,000 migrants have settled in the last year, Mayor Brandon Johnson and Illinois Gov. J.B. Pritzker wrote Homeland Security Secretary Alejandro Mayorkas to ask for parole for asylum-seekers, which, they say, would allow him to get around the wait for a work permit.

Massachusetts Gov. Maura Healey, who declared a state of emergency over the migrant influx, wrote Mayorkas that work permits represent "an opportunity to meet employer needs, support our economy, and reduce dependency among new arrivals." And 19 Democratic state attorneys general wrote Mayorkas that work permits would reduce the strain on government to provide social services.

The federal government has done "virtually nothing" to assist cities, said Chicago Alderman Andre Vasquez, chair of the City Council's Committee on Immigrant and Refugee Rights.

In the meantime, migrants unable to get work permits have filled up homeless shelters in several cities.

With more than 60,000 migrants currently depending on New York City for housing, the city has rented space in hotels, put cots in recreational centers and erected tent shelters — all at government expense. The Adams administration has estimated that housing and caring for migrants could cost the city $12 billion over three years.

"This issue will destroy New York City," Adams said at a community event this month. "We're getting no support on this national crisis, and we're receiving no support."

Advocates for migrants have objected to Adams' apocalyptic terms, saying he is exaggerating the potential impact of the new arrivals on a city of nearly 8.8 million people.

Republicans have seized on the discord, putting Democrats on the defensive ahead of next year's presidential elections.

Muzaffar Chishti, a lawyer and senior fellow at the Migration Policy Institute, said the calls for expedited work authorizations are more about political optics than practical solutions.

"They don't want to tell the electorate there's nothing we can do. No politician wants to say that. So they have kind of become the new squeaky wheel, saying, `Give us work authorization,'" he said. "Saying that is much easier than getting it. But it's sort of, you know, a good soundbite."

One step that most agree would be helpful is to provide legal assistance to migrants to apply for asylum and work authorization, though that has also proved challenging.

Nationwide, only around 16% of working age migrants enrolled in a U.S. Custom and Border Protection online app have applied for work permits, according to the White House. Since the introduction of the CBP One app in January through the end of July, nearly 200,000 asylum-seeking migrants have used it to sign up for appointments to enter the U.S. at land crossings with Mexico.

Federal officials recently began sending email and text message notifications to remind noncitizens that they are eligible to apply. New York City officials have also begun to survey asylum seekers to determine if they are eligible.

Another option would be to expand the number of nations whose citizens qualify for Temporary Protected Status in the U.S. That designation is most commonly given to places where there is an armed conflict or natural disaster.

The White House, though, might be reluctant to take steps that could be interpreted as incentivizing migrants to come to the U.S.

Arrests from illegal border crossings Mexico topped 177,000 in August, according to a U.S. official who was not authorized to discuss unpublished numbers, up nearly 80% from June. Many are released in the U.S. to pursue asylum in immigration court, while an additional 1,450 migrants are permitted into the U.S. daily through CBP One.

Many have gravitated to an underground economy.

Elden Roja, who has been sporadically working landscaping and other odd jobs for about $15 an hour, lives with his wife and children, 15 and 6, and about 50 others in a police station lobby in Chicago. When a fellow Venezuelan co-worker honked from a car he purchased, Roja laughed and said he would buy his own vehicle soon.

While the bureaucratic hurdles can be substantial, many migrants do make it through the process.

Jose Vacca, a Venezuelan, traveled with two of his cousins from Colombia, leaving their families behind to make the journey mostly by foot. Once in Texas, he was given free bus tickets to New York City.

The 22-year-old found a job there that paid him $15 an hour, under the table. After he got his temporary work authorization, his boss gave him an extra dollar per hour.

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Associated Press writer Elliot Spagat contributed from Chicago.