Access to Services for LowIncome Immigrants

1
Access to Services for Low-Income Immigrants

• CAPLAW 2006
• National Training Conference
• Tanya Broder

2
Issues Affecting Access to Services

• Immigrant eligibility rules
• State residency and other eligibility rules
• Privacy, confidentiality and verification
• Public charge concerns
• Sponsor deeming and liability
• Linguistic and cultural competence
• Logistical barriers
• The climate

3

Key Federal Laws Affecting Immigrants Access to
Services

• 1996 Welfare Law
• 1996 Immigration Law
• 1997 Balanced Budget Act
• 1998 Food Stamp Restoration
• 1998 SSI Restoration
• 2002 Food Stamp Restoration
• 1980 Housing and Community
  Development Act (Section 214)

4
Immigrant Benefit Classifications

• OLD Law
• U.S. Citizens and Lawful Permanent Residents
• PRUCOL (Permanently Residing Under Color of Law)
• -- still relevant in some states
• Undocumented
• 1996 Federal Welfare Law
• Citizens
• Qualified Immigrants
• entering US before Aug. 22, 1996
• entering US on or after Aug. 22, 1996
• Not Qualified Immigrants

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Qualified Immigrants

• Lawful Permanent Residents (LPR)
• Refugees, persons granted Asylum,
• Withholding of Deportation/Removal,
• conditional entrant status
• Paroled into U.S. for at least 1 Year
• Cuban/Haitian Entrant
• Certain Battered Spouse and Children

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Qualified Battered Immigrants

• Must have prima facie case or approved
• Visa petition filed by US citizen or LPR
  spouse/parent
• Self-petition under VAWA, or
• Application for cancellation of
  removal/suspension of deportation under VAWA
• Parent of battered child and child of battered
  spouse also considered qualified

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Victim of Severe Form of Trafficking

• If 18 or over, must be certified by HHS
• Children under 18 need HHS eligibility letter
• Technically, not qualified but...
• Treated like refugees, and eligible for all
  benefits that are
• administered by federal agency or
• funded with federal funds
• Derivative beneficiaries of T-Visas also eligible
  for federal benefits

8
Not Qualified Immigrants

• ALL Other Non-citizens
• even if have work authorization and are
  lawfully present in U.S.

9
Not Qualified ImmigrantsPrograms Barred

• Federal
• Public Benefits barred
• State or Local
• Public Benefits Barred
• unless state passes new law

10
Not Qualified Immigrants Federal Program Bar

• Bar on Federal Public Benefits
• to be defined by agencies (only HHS, FEMA and a
  few others have done so)
• Examples of Public Benefit in law
• grants, contracts, loans, professional/commercial
  licenses by government
• retirement, welfare, health disability,
  housing, post-secondary education, food,
  unemployment, FEMA, OR
• any similar benefit AND
• provided to individual, household, or family
  unit, by agency/funds of federal government

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Examples of HHS Federal Public Benefits

• Adoption Assistance
• Child Care and Development Fund
• Foster Care
• Independent Living
• Low Income Home Energy Assistance Program
  (LIHEAP)(single unit buildings only)
• Medicare
• Medicaid (except emergency medical)
• Refugee benefits (Cash, Medical, Social Services)
  
• Social Services Block Grant (SSBG)
• State Childrens Health Insurance Program (SCHIP)
• Temporary Assistance for Needy Families

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Programs Exempt from Federal Bar

• Emergency Medicaid and other emergency medical
• Immunizations, testing and treatment for symptoms
  of communicable diseases (outside of Medicaid)
• Short-term non-cash disaster relief
• Certain housing assistance if receiving on
  8/22/96
• School Lunch and School Breakfast
• State Option to Provide WIC
• AND programs
• 1. Delivered at the community level, that are
• 2. Not conditioned on income or resources and
• 3. Necessary to protect life or safety

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AGs List of ProgramsNecessary to Protect Life
or Safety

• Soup kitchens, food banks,
• senior nutrition programs
• Medical public health,
• mental health, disability or
• Substance abuse services
• necessary to protect life or safety
• Programs to protect the life safety of workers,
  children youths, or community
• Other services necessary to protect life or
  safety

• Child protection adult protective services
• Violence and abuse prevention, including domestic
  violence
• Mental illness or substance abuse treatment
• Short-term shelter or housing assistance
• Programs for adverse weather conditions

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Non-Profit Agencies

• Non-profit charitable organizations are not
  required to determine, verify or otherwise ask
  for proof of an immigrants status
• applies to immigrant restrictions in the 1996
  welfare and immigration laws)
• Non-profits can create a safe environment for
  immigrants and their family members who are
  seeking services

15
Hypothetical

• Sabine works in a community clinic. The clinic is
  a non-profit charitable organization that
  receives federal funds. Patients may receive
  treatment, regardless of income.
• Nadia, an undocumented woman with HIV, seeks
• treatment at the clinic.
• 1. Does the clinic provide an exempt federal
  public
• benefit?
• 2. Is Nadia eligible for treatment?
• 3. Is Sabine required to verify Nadias
  immigration status?
• 4. Is Sabine required to report Nadia to the
• Department of Homeland Security?

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Hypothetical

• Candace and her son, Edmond, are undocumented.
  Candaces younger daughter,Tara, was born in the
  U.S. An earthquake destroyed the home they
  rented in Southern California, and they were
  evacuated to Northern California. They lost
  their housing and all of their possessions, have
  no money or identification documents. Which
  benefits or services can they receive?
• They later rented an apartment in a multi-unit
  building. Can they get help with heating?
• Candace started a business. Can she get child
  care for her children while she works?

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Qualified Immigrants Major Federal Programs

• Supplemental Security Income (SSI) severely
  restricted for immigrants
• 5 year ban on federal TANF, non-emergency
  Medicaid, SCHIP for qualified immigrants entering
  U.S. on or after 8/22/96, with exceptions
• 5 year ban on Food Stamps for qualified
• immigrant adults, with exceptions.
• Extended deeming (income of sponsor added to
  immigrants in determining eligibility) with
  exceptions.
• States can provide or deny certain benefits to
  immigrants.

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Medicaid, TANF, SCHIP

• Qualified immigrants who physically entered U.S.
  before 8/22/96
• Refugee groups, trafficking victims
• Veterans, active duty military family
• Qualified immigrants who complete the federal
  5-year bar
• Medicaid SSI recipients in most states, foster
  care children, Native Americans
• SCHIP option prenatal regardless of status
• Enormous state variation in coverage

19
Food Stamps

• Children who are qualified immigrants
• Adults in qualified status at least five years
• Refugee groups, victims of trafficking
• LPRs with credit for 40 quarters of work.
• Veterans, active duty military and family
• Hmong and Laotian tribe members (lawfully
  present)
• Receiving disability-related assistance
• Seniors born before 8/22/31, who were
• lawfully residing in the U.S. on 8/22/96
• Native Americans

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Public Housing and 8

• Eligible immigrants
• Lawful permanent residents
• Lawful temporary residents
• Refugees, asylees, withholding of
  deportation/removal, trafficking victims
• Parolees
• Citizens of Micronesia, Marshall Islands, and
  Palau
• Others?

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Hypotheticals

• Clare, who is undocumented, has two children,
  Mike, an undocumented teenager, and Tyler, a
  six-year old, born in the U.S. Clare is pregnant.
  Which benefits can they receive?
• Veronica was granted asylum in September 1997,
  and became a lawful permanent resident (LPR) in
  2000. She has a disability. Which benefits can
  she receive?

22
Federal/State Issues

• Medicaid verification for U.S. citizens
• State anti-immigrant legislation
• Positive state legislation
• Efforts to Restore/Expand federal services for
  immigrants
• Immigration bills legalization, AgJOBs, DREAM,
  enforcement, English only, EITC, tax liability,
  benefits issues