900 Lydia Street, Austin, TX 78702
(512) 320-0222
www.cppp.org
Immigrants and Public Benefits:
Training for Community Service Providers
San Antonio, Texas
Bexar County Case Management Coalition
Wednesday, April 21, 2004
Center for Public Policy Priorities, 900 Lydia Street Austin, TX 78702
(512) 320-0222, FAX 320-0227, www.cppp.org
Anne Dunkelberg (dunkelberg@cppp.org)
1
Why Bother?
• Fear, misinformation, and outdated information are
preventing Texans in families that include noncitizens from accessing important health and nutrition
benefits.
• Community Organizations and Public Agencies
working with immigrants need to:
–
recognize this problem
–
understand the big-picture basics of policy
–
so they can help spread correct information -- or at least
not contribute to the confusion!
2
A Few of the Numbers
• Texas is #3 (after California and New York) both in total
non-citizens, and in legal permanent residents ("green
card" holders)
• Texas also #3 or #4 in the number of newly-arrived
immigrants for the last several years.
• Total 2.9 million foreign-born in Texas, of whom
•
About 900,000 are naturalized U.S. citizens
•
Somewhere between 800,000- 900,000 are legal immigrants
•
About 1.2 million are undocumented (Urban Institute)
• 23 percent of ALL Texas' children live in "mixed families"
(one or more parent is non-citizen)
• 34 percent of Texas' children in low-income families (<200%
FPL) are in mixed families (Census 2001 CPS, CBPP)
3
Basic Immigration Status Vocabulary
•
•
“Alien” is a term used in many laws to refer to immigrants (both legally
present and undocumented).
“Undocumented” Immigrants Include 2 groups -– EWIs (Entries Without Inspection)
– Overstays (came with a legal Visa, but stayed after it expired; these make up
25-40% of all undocumented)
– Other terms: “not lawfully present”, “illegal aliens”
•
“Legal” immigrants include many different legal statuses
– Some are permanent or long-term statuses, that is, the immigrant can reside
in the U.S. indefinitely as long as they do not commit crimes: E.g., LPRs
(lawful permanent residents), Refugees, Asylees
– Others are temporary, or transitional statuses, which may be indefinite in
length (e.g., the spouse, child or fiancée of a US citizen waiting to get LPR
status may have a “K” Visa), or they may be required to get approval for
renewal of status at regular intervals (e.g., “Temporary Protected Status).
– MOST LPRs in the US are family-based immigrants.
•
All legal immigrants are NOT treated equally with regard to federal
benefits (more on this).
4
Where Immigrants are Concentrated
All Other
(9.8 million)
32%
California
(8.9 million)
28%
New Jersey
(1.5 million)
5%
New York
(3.9 million)
12%
Texas
(2.9 million)
9%
Jeffrey S. Passel & Michael Fix,
Immigration Studies Program
The Urban Institute
Illinois
(1.5 million)
5%
Florida
(2.7 million)
9%
31.1 Million Foreign-Born
(Census 2000)
Most Children of Immigrants Are U.S. Citizens
Jeffrey S. Passel & Michael Fix, Immigration Studies Program
The Urban Institute
Children by Parents’ Status (millions)
Percent U.S. Citizens, based on 2000 CPS
5.1
(84%)
3.0
(81%)
Noncitizen Child
Citizen Child
3.6
(69%)
2.8
(68%)
4.3
2.4
Total
<200% of
poverty
LPR Parents
0.6
(48%)
Total
0.4
(54%)
2.5
<200% of
poverty
Total
Refugee Parents
1.9
<200% of
poverty
Undocumented
Immigrant Families In Texas
• According to an Urban Institute study, children of
immigrants in Texas suffer significantly higher levels of
hardship in the areas of food, health care and housing
compared to those in other states.
– Nearly half of all children of immigrants in Texas live
in families struggling to keep food on the table. This
compares to 37% nationally and to 33% of citizenheaded families in Texas.
– More than a third of children in mixed-immigration
families in Texas live in crowded housing.
– Fully 40% of children in mixed-immigration families
are (were) uninsured.
7
Immigrant Eligibility for Public Benefits:
A Short Review
• Before 1996 “Welfare Reform” law (PRWORA), most legally
present immigrants treated same as citizens for purposes of
federal benefit eligibility.
• PRWORA creates new terms: "Qualified", "Not Qualified." "Not
qualified" now includes undocumented, plus some legally
present immigrants.
• Despite term "qualified," PRWORA reduced eligibility of qualified
immigrants for benefits. Also, big differences in eligibility
depend on whether in US prior to 8/22/96 (date PRWORA
signed).
• Congress has, over time, restored substantial portions of the
Qualified Immigrant cuts proposed in PRWORA.
• Also, reductions in access for "Not Qualified" are less harsh
than originally believed.
8
Certain Legal Immigrants are Exempt From
Any Benefit Limits:
These persons are eligible for SSI, Food Stamps,
Medicaid, TANF, or CHIP on same basis as U.S.
citizens:
• Refugees, asylees, withholding of deportation, Cuban & Haitian,
may collect during first 7 years in U.S. (EXCEPT: TANF window
is 5 years, Amerasians may only get 5 years Medicaid, SSI).
• Persons with 10 years (40 quarters) U.S. work history
–
immigrants with date of arrival 8/22/96 or later must have 40
quarters AND have been in US more than 5 years)
–
families "share" quarters (married couples and their minor
children) .
• Active duty U.S. military and veterans (& spouse, dependent
children)
9
New Categories Related to Public Benefit
Eligibility
Qualified
Non-qualified
Legal Permanent Residents
Undocumented persons
Refugees, Asylees
Legally present Non-qualified
Withholding of Deportation
Employment Visas (incl. Ag.)
Granted Conditional Entry
Temporary Protected Status
Parolees
In US since 1/72 (not LPR)
Domestic Violence “VAWA” petitioners
(must have US citiz. Or LPR spouse)
Lawful Temporary Residents
Family Unity Status
Certain Voluntary Departure
Certain Stays, Suspensions of
Deportation
Victims Of Trafficking (not technically
“qualified”, but but eligible for all federal
benefits
Non-immigrants (tourists, students)
10
The Big Picture:
You Do NOT have to master all these details, but
here are 6 Things You Need to Remember
(part 1)
• #1: Many Legal Immigrants are still eligible
for benefits from federally-funded
programs, including many programs the
state administers.
• #2: Undocumented immigrants can still
access many federally-funded programs,
especially health care programs, shortterm emergency and intervention services,
WIC, and school meals.
11
The Big Picture:
6 Things You Need to Remember
(part 2)
• #3: All U.S. citizen children (i.e., all
children born in U.S.) can be eligible for
public benefits, regardless of the
immigration status of the parents.
Federal Policy protects these children’s
rights.
• #4: Reporting to INS (now CIS) by
agencies administering federal programs
is only required in VERY RARE
circumstances.
12
The Big Picture:
6 Things You Need to Remember
(part 3)
• #5: U.S. Citizenship and Immigration Services
(CIS, formerly INS) now guarantees that an
immigrant's use of (or use by his family member)
health benefits, hunger benefits, and other social
services will NOT prevent a person from EITHER
getting a green card (becoming a legal permanent
resident) OR becoming a U.S. citizen. ONLY
persons totally reliant on cash assistance or
government-funded institutional long-term care
are at risk of being denied permanent resident
status.
• #6: Immigrant families DO need to be informed
about certain situations that COULD cause them
problems.
13
#1
Many Legal Immigrants are
still eligible for benefits
from federally-funded
programs, including many
programs the state
administers.
14
Who's Eligible for What?
(Qualified Immigrants - Food Stamps)
Food Stamps: the 2002 Farm Bill
restored Food Stamp eligibility to
several groups of immigrants. Current
eligibility standards:
If in US lawfully before 8/22/96:
– all “qualified” legal immigrants,
– Hmong-Lao veterans,
– cross-border Native Americans.
15
Who's Eligible for What?
(Qualified Immigrants - Food Stamps)
• Arrived On/after 8/22/96:
–
–
–
–
children under 18 (eff.10/1/03),
Resided in US more than 5 years (eff. 4/1/03),
40 quarters US work history (among family members),
Legal immigrants with disabilities who receive a
disability benefit such as SSI. Caveat: Because legal
immigrants are ineligible for federal SSI if they arrived in the country
after Aug. 22, 1996, this provision is essentially meaningless in Texas,
but may have impact in other states offering a state-funded disability
benefit. (Effective date: 10/1/02)
– Or at U.S. citizenship
NOTE: Deeming and/or Sponsor Liability may apply (more
later on this!)
16
What Is “Sponsor Deeming”?
• Under “sponsor deeming”, the income and resources of an
immigrant’s sponsor (and the sponsor’s spouse) are counted in
addition to the income of the immigrant applying for Food
Stamps, TANF, or Medicaid when determining whether the
immigrant is eligible for the benefit.
• When deeming is applied, many immigrants are not eligible for
program benefits, because the addition of the sponsor’s income
makes their “countable” income higher than the maximum
allowed for these programs. (In most cases where the sponsor
lives in the same home as the immigrant, their income would
have been counted anyway.)
• This applies to immigrants who signed the “new” I-864 affidavit
of support (in use since 12/97). Because Texas does not
provide Medicaid or TANF to these immigrants (so far), Sponsor
Deeming really only affects Food Stamps in Texas. But there
are many exemptions from deeming in Food Stamps (see next
slide).
17
Food Stamp sponsor deeming exemptions
•
•
•
•
•
•
•
•
•
Immigrants under the age of 18;
Immigrants whose sponsor is a member of the immigrant’s own
household (the sponsor’s income is already counted for Food Stamp
eligibility purposes);
Immigrants who are “indigent,” which is defined as having family
income below 130 FPL, the income limit for Food Stamps; therefore,
most applicants will qualify for this exemption.
Immigrants with 40 quarters (10 years) of work recorded with the Social
Security system (either themselves or in combination with their
spouse),
Immigrants who have become naturalized citizens;
Domestic violence victims, or VAWA petitioners;
Immigrants who would go hungry or homeless without benefits;
Refugees and asylees applying for lawful permanent resident status;
and
Others: Persons applying for cancellation of removal or suspension of
deportation; Applicants under the Cuban Adjustment Act, the Haitian
Refugee Immigration Fairness Act, or the Nicaraguan Adjustment and
Central American Relief Act (NACARA); Special immigrant religious
workers; Special immigrant juveniles; Applicants for permanent
residency under registry; and Indochinese parolees.
18
Things to know about applying for
Food Stamps as a sponsored immigrant
There are three (3) options:
1.
2.
3.
The sponsored immigrant may be exempt from deeming if they meet one
of the many exemptions listed in Slide #69.
DHS will apply all other exemptions before the “indigence” exemption. Why? If
the applicant uses the “indigence” exemption, the state is required to report the
immigrant’s sponsor (for failure to support the immigrant) to the U.S. Attorney
General, and share information about the sponsored immigrant’s receipt of Food
Stamps with the sponsor. Many immigrants may fear sponsor retaliation, or
worry that reporting may trigger a request for repayment from their sponsor, and
forego applying for Food Stamps for themselves or their family as a result. If the
indigence exemption is the only one they qualify for, sponsored immigrants have
two other options:
The sponsored immigrant can “opt into” deeming, i.e., choose to have
their sponsor’s income counted; if the sponsor’s income is low enough, they
may still get benefits. This may make sense if the sponsor has lost a job,
become ill, etc.
The sponsored immigrant can choose NOT to apply for benefits for
him/herself, but only for the other (non-sponsored) members of the
household. This would mean a smaller dollar amount for the household, but
would eliminate any concern about either AG reporting OR Sponsor Liability.
19
Medicaid:
Who's Eligible for What?
(Qualified Immigrants)
• If in US lawfully before 8/22/96:
–
–
Eligible just like U.S. citizens in Texas
States were given OPTION to continue, and ALL States
(except Wyoming) continued
• Arrived On/after 8/22/96:
– Barred for 5 years from date of entry from Medicaid
– State OPTION to cover like U.S. citizens after 5 year bar;
SB 1156 passed by 77th Lege. would have exercised this
option, but was vetoed by Gov. Perry. No progress in
2003 session; major Medicaid CUTS were made.
– Emergency Medicaid IS available to qualified immigrants
excluded by 5-year bar and by Texas’ decision not to
serve after the 5-year bar (includes labor and delivery).
– In Texas, qualified immigrant children are served in
CHIP, but Medicaid coverage for prenatal care, poor
parents, and seniors is not available.
20
Who's Eligible for What?
(Qualified Immigrants)
CHIP (Children’s Health Insurance Program):
• If in US lawfully before 8/22/96:
–
Federal law REQUIRES every state to include on same
basis as U.S. citizens
• Arrived On/after 8/22/96:
– Barred for 5 years from date of entry (No federal match
available)
– Federal law REQUIRES states to include on same basis as
U.S. citizens after 5 year bar (for non-Medicaid CHIP
programs, like Texas’ program)
– Texas provides state-funded care to post-8/22/1996 kids
during 5-year bar if they are at Medicaid or CHIP income.
After 5 years, Texas can get federal match $$ for them in
CHIP.
– CONGRESS is considering legislation to allow states to
eliminate 5-year bar for children, also for pregnant women 21
(more on this).
Who's Eligible for What?
(Qualified Immigrants)
TANF:
• If in US lawfully before 8/22/96:
– Eligible just like citizens in Texas
– States were given OPTION to continue, and ALL
States (except Alabama) continued
• Arrived On/after 8/22/96:
– Barred for 5 years from date of entry
– Also state OPTION to cover like citizens after 5
year bar; Texas TANF State Plan says Texas MAY
extend eligibility IF Legislature authorizes; but
Texas Legislature has not taken action.
22
Pending Congressional Action:
TANF, Medicaid and CHIP
• U.S. Congress bills (not passed) have included
proposals to allow state to:
– provide Federally-funded Medicaid and CHIP to legal
immigrant pregnant women and children who arrive(d) after
Aug. 22, 1996 without a 5-year waiting period. For states
that take this option, the bill would also eliminate deeming
and sponsor liability (more later).
– provide federally funded TANF benefits to recent legal
immigrants without a 5-year waiting period.
• BUT, current TANF Reauthorization bills (both Senate
and House versions) do NOT include these options
for states, though amendments will be attempted.
• The Medicaid/CHIP provisions would save Texas
money, as we now serve these children with pure
state funds (no federal match).
23
Who's Eligible for What?
(Qualified Immigrants)
SSI:
• If in U.S. lawfully before 8/22/96:
– enrolled in SSI then, OR
– disabled (SSI standard) now
• Arrived On/after 8/22/96:
– After 5 years AND 40 quarters work
history
– Or at citizenship (naturalization)
24
Who's Eligible for What?
(Qualified Immigrants)
Other Federally-Funded Programs:
• There are NO restrictions on Qualified Immigrants' access to
other federal programs such as
– Subsidized Child Care from CCDF*
– Title V, Maternal and Child Health
– Title XX, Social Services Block grant
– Title X, Family Planning
– All other public health, mental health, substance abuse,
elder programs, disability programs, etc.
– WIC, school meals, child nutrition programs, elderly nutrition
(i.e, Meals on Wheels)
– State and local programs cannot add their own immigrant
restrictions to programs that use these federal funds
* Texas does NOT fund any child care with TANF, which has more complex
rules.
25
Employment-related benefits: Social Security, Unemployment
Insurance, Worker's Compensation
(Qualified Immigrants)
• (LPRs, Refugees, Asylees, and other
immigrants with Legal Status and work
authorization are treated just like US
citizens for purposes of Social Security,
Unemployment Insurance, and Worker's
Compensation.
• More in next section on persons applying
for (but not currently having) legal status
who can get work authorization, and
undocumented workers.
26
#2
Undocumented immigrants can
still access many federallyfunded (non-entitlement)
programs, especially health care
programs, short-term emergency
and intervention services, WIC,
and school meals.
27
“Not Qualified” are Excluded from Major
Federal Safety Net Programs
• “Not Qualified” not eligible for SSI, Food Stamps,
TANF, Medicaid, or CHIP. This is NOT a new policy
for undocumented persons; these programs never
included the undocumented.
• BUT, remember, “Not Qualified” now includes legally
present immigrants, too. They are now treated just like
the undocumented for purposes of federal benefits.
• These are major programs with formal eligibility
standards and processes. Many smaller and blockgrant funded programs, as well as state and local
programs, ARE available to the not qualified -- both
legal and undocumented -- as the next slides explain.
28
Some Benefits/Programs MUST be Available to
ALL PERSONS in Need; MAY NOT exclude undocumented
Public programs, whether federal, state or local, MUST NOT
restrict access based on Immigration status if they do any
of the following:
–
Emergency Medicaid, immunizations, diagnosis (testing)
and treatment of communicable disease
– Non-cash assistance needed to protect life & safety and not
income-conditional (e.g., shelters, soup kitchens, crisis
intervention) as specified by U.S. Atty. General (see next slide)
– Short-term, in-kind emergency disaster relief
– WIC, school meals, child nutrition programs, and elderly
nutrition (see slide #31)
• IMPORTANT: when they provide the benefits listed above,
service providers
– are not required to verify citizenship or immigration status
(exception: Emergency Medicaid), and
– MAY NOT EXCLUDE UNDOCUMENTED PERSONS.
29
•
•
•
•
•
•
•
•
•
U.S. Attorney General’s
List Of Programs “Necessary To Protect Life Or Safety”
Which Must Be Open To All In Need
Child protection & adult protective services
Violence and abuse prevention, including domestic
violence
Mental illness or substance abuse treatment
Short-term shelter or housing assistance (e.g. battered
women’s shelters)
Programs during adverse weather conditions
Soup kitchens, food banks, senior nutrition programs
Medical & public health services & 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 residents
Other services necessary for the protection of life or safety
30
WIC and Child Nutrition programs are still open to
undocumented children in Texas
• In 1996 Welfare Act, states were given the OPTION
whether to exclude undocumented persons in these
programs.
• Texas chooses NOT to exclude undocumented kids
in our child nutrition programs:
–
WIC (Special supplemental food program for women,
infants and children)
– SFSP (summer food service program)
– CACFP (child and adult care food program)
• Other federal laws & rules say ALL States MUST
provide school breakfast and lunch to undocumented
children; and MAY NOT require the child or parents to
provide SSN.
• There have been cases in the past of school
districts intimidating parents seeking to enroll
children in school lunch or breakfast, or SFSP by
demanding SSNs. Please report any cases to
CPPP!
31
What Programs Must Screen and Exclude
Undocumented?
VERY FEW HHS Programs have a NEW requirement to exclude
undocumented persons, because they are NOT considered "federal
public benefits"
• USDHHS defined in 8/4/98 notice which of its programs are now
subject to screening out "not qualified"
• Medicaid, Medicare, TANF, CHIP exclude undocumented (always
have)
• NONE of the public health block grants must exclude
undocumented persons
• Foster Care and Adoption Assistance, LIHEAP must screen (but
rules are complex, ask an expert)
• Title XX (Social Services Block Grant) must screen
– BUT! when services on exceptions list (previous page) are
provided with Title XX funds, NO SCREEN IS REQUIRED.
• State and local programs cannot add their own immigrant
restrictions to programs that use these federal funds.
32
2 Situations When Undocumented and other “Not Qualified”
Immigrants can Access Benefits
1) Domestic Violence/Child Abuse Survivors: VAWA
petitioners
•
•
•
•
•
•
•
•
•
Violence Against Women Act = VAWA
Couples must be married or “holding themselves out” as married
(common-law)
Abuser must either be US citizen or permanent resident (if both
are undocumented, not eligible)
With either "establishment of prima facie case" OR approved
petition, the mother and her children can be treated as a
“qualified” immigrant
BUT Post-96 immigrants are still subject to 5-year bar! Still,
children can get CHIP in Texas, and Food Stamps, too.
Applicant must provide CHIP or DHS workers with samples of the
relevant forms, the I-797 and possibly the I-360 application for
self-petitioner status
Children in families with a prima facie case OR an approved
petition CAN apply for a non-work SSN
Call your local DV agency if a client needs help; National Domestic
Violence Hotline 1 800 799 7233 can help locate an agency.
Call CPPP if VAWA petitioners are having trouble with CHIP or
Food Stamp applications.
33
2 Situations When Undocumented and other “Not
Qualified” Immigrants can Access Benefits
2) Victims Of Trafficking: “T” Visas
• At least 50,000 women and children and an undetermined
number of men are “trafficked” into the U.S. every year
(examples: smuggled in for prostitution, slave labor)
• Congress allotted 5,000 “T” visas for victims of these crimes
(can apply for green card after 3 years)
• To be eligible for benefits:
– Must be certified by U.S. Office of refugee Resettlement (ORR) that
person is eligible for benefits as a victim of trafficking
– Must have been granted or applied for a “T” visa . Benefits
agencies required to accept ORR certification letter in place of INS
documentation
• Technically, not “qualified” but eligible for all federal benefits,
and all state benefits administered by federal agency or funded
with federal funds
• Also eligible for special refugee programs
• Recently-created program; VERY few of these have been
granted
34
Undocumented Immigrants Who later get
Permanent Resident Status
• If an immigrant came to U.S. BEFORE 8/22/96 as
undocumented, but later got a green card, they
MAY be treated as a pre-1996 “qualified” immigrant
IF they have resided in the U.S. continuously.
• “Continuously” means never left U.S for more than
30 days at one time, or more than 90 days total,
during the time they were undocumented.
• Remember, this is important because pre-96
immigrants are eligible for many benefits that post96 entrant cannot get. It may affect VAWA families
especially.
• See http://www.cms.gov/immigrants for official
federal guidance.
35
Undocumented Immigrants and Public Housing
• It is NOT necessary for every member of a family to be a
citizen or a legal resident immigrant for the family to qualify
for HUD-financed housing programs.
– Mixed families (who include citizens or lawful permanent
residents and undocumented immigrants or immigrants
with ineligible immigration status) are eligible for HUDfunded housing.
– However, the financial assistance provided will be “prorated” to take into account the number of members of
the household who are ineligible. In other words, the
family will pay more rent than it would otherwise pay if
all family members had eligible immigration status.
36
Undocumented Immigrants and Public Housing
• A mixed family can be eligible for prorated HUD-financed
housing EVEN if neither the head of the household nor the
spouse has eligible immigration status, and only a child or
other household member is a citizen or lawful permanent
resident (as long as SOME member of the household is a
citizen or is a lawful resident).
• Includes: Public housing owned and operated by public
housing authorities; the Section 8 Housing Choice Voucher
Program; privately owned apartments with Project-Based
Section 8 contracts; privately owned apartments financed
under Section 236 of the National Housing Act; the Section
235 Single Family Program; and low income units
constructed under Housing Development Grant Programs.
• Housing authorities and Landlords are NOT required to
report to INS (Now called CIS; more on reporting later).
37
Child Care
(“Not qualified” Immigrants)
Texas funds all Child Care with Child Care Development Fund
(CCDF), and does NOT use TANF. CCDF Policy is:
• Eligibility is tied to the CHILD’s immigration status, not the
parent
• In GENERAL, a child must be “qualified” or a U.S. citizen, but
there are important exceptions:
– Head Start programs serve all children
– Pre-K and after-school programs serve all children
• State agencies (DHS, TWC) cannot REQUIRE a SSN from
either Parents or Child when applying.
• However, someone who wants to be a Child Care Provider CAN
be required to have an SSN or Employer Tax ID number.
38
State and Local Programs Can Serve
Undocumented Residents
History:
• July 10, 2001: Texas Atty. General John Cornyn issued opinion that
Texas has not met PRWORA requirement for “reauthorization” of
spending on undocumented persons. Nueces and Montgomery
county hospital districts suspended subsidized care (except
Emergency, communicable disease, immunization) for
undocumented based on fear of lawsuit.
• The 2003 Texas Legislature passed a law authorizing local
governments (including hospital districts) to use their own funds to
provide comprehensive health care to residents without regard for
citizenship status. However, there is disagreement over whether
the law requires local gov’ts to provide this care, or simply permits
it. An AG opinion on the law is expected.
– The law is clear that persons who establish residency “solely” to
obtain health care assistance are not considered residents.
39
State and Local Programs Can Serve
Undocumented Residents
• This provision removes any legal obstacle for
Texas local governments choosing to provide
comprehensive health care to undocumented
residents. Montgomery, Nueces, and Tarrant County
Hospital Districts have limited care to this population
based on legal interpretation that federal law
prohibited that care. With passage of this provision,
there is no such federal prohibition. Districts may
now choose to limit care, but there is no legal
impediment to the provision of care.
• Sen. Jeff Bingaman (N.M.) proposes to amend
Senate TANF Reauthorization to remove obstacles in
all the other states as well.
40
#3
All U.S. citizen children (e.g., all
children born in U.S.) can be eligible
for public benefits, regardless of the
immigration status of the parents.
Federal Policy protects these
children’s rights.
41
Federal Law and Immigrants’ Rights When Applying
for Benefits
• Only the applicant's status is relevant to his eligibility; for
example, the parent's immigration status is irrelevant to a
U.S. citizen child's eligibility for public benefits.
• Parents may need help documenting their income for
children’s Medicaid, CHIP, Food Stamp applications.
– For example, if they work for cash, or under an assumed
name.
– They also need to understand what information they can and
cannot be required to provide (more on this next slide).
• Undocumented parents must be VERY careful to provide
accurate information!! Fraud can result in deportation!
– While there is some information that the non-applicant parent
cannot be required to provide (e.g., his OWN immigration
status), this does NOT mean it is OK to provide FALSE
immigration information.
– Correct Income and asset information is very important.
42
More on Applicants’ Rights and Social
Security Numbers
• States may NOT require either an SSN or immigration
status information from
– parents applying for Food Stamps, TANF, Medicaid or CHIP for
their children (and NOT for themselves), or
– any NON-applicant household members.
• Persons who designate themselves as "non-applicants" do
not need to disclose that they have an immigration status
that makes them ineligible for benefits, or that they do not
have an SSN.
• DHS or CHIP can REQUEST an SSN from a parent applying
for benefits for a child only. They cannot REQUIRE it.
– This means that if the parent has a VALID SSN they
should provide it. The state uses this information to
verify that other information (especially income and
assets) is accurate
• A US Citizen or LPR CHILD can be required to have an SSN
to get Medicaid or CHIP.
43
#4
Reporting to CIS* by
agencies administering
federal programs is only
required in VERY RARE
circumstances.
* Formerly INS
44
Reporting to CIS
(Citizenship & Immigration Services, formerly INS)
Is Only in VERY Limited Circumstances
ONLY DHS Must Report to CIS (new name for INS), and ONLY
when they know an applicant is under final CIS deportation
order
• There are NO REPORTING requirements for Medicaid, CHIP,
or any health program or health care provider.
• PRWORA gave TANF, SSI, Housing agencies a new reporting
requirement: Must report persons "known to be not lawfully
present“ (Food Stamps already had this requirement, year
before 1996).
• 9/28/00 HHS, HUD, DOL, SSA, and DOJ published guidance
in the Federal Register clarified the 1996 welfare law's
"mandatory reporting" requirement.
45
Reporting to CIS
(Citizenship & Immigration Services, formerly INS)
Is Only in VERY Limited Circumstances
• Merely knowing that someone is ineligible for Food Stamps due
to immigration status, or is not applying for Food Stamps, or
does not have an SSN does NOT trigger reporting. This policy
requires that the state know that CIS has identified a person
as being illegally present, e.g., is under final order of
deportation.
• The determination that an immigrant is unlawfully present only
can be made when the immigrant in question is seeking Food
Stamp, TANF, SSI, or housing benefits for herself or himself,
not when he or she is applying for benefits for other family
members. In other words, reporting of a non-applicant cannot
occur.
• Reporting CAN be triggered by FRAUD, Undocumented
parents must be VERY careful to provide accurate income
and asset information, and not to provide any false
information. Fraud can result in deportation!
46
#5
The CIS
(Citizenship & Immigration Services, formerly
INS) now guarantees that an immigrant's use (or
use by his family member) of health benefits,
nutrition benefits, and other social services will
NOT prevent a person from EITHER getting a
green card (becoming a legal permanent resident)
OR becoming a U.S. citizen.
ONLY persons totally reliant on cash assistance or
government-funded institutional long-term care
are at risk of being denied permanent resident
status.
47
Background on Public Charge
• Persons likely to be unable to support themselves, and
therefore likely to depend on public benefits can be denied a
green card by C IS. This has been a part of U.S. immigration
law for over 100 years.
• Public Charge may be an issue for:
–
persons seeking LPR status ("green card"), for example
• immigrant applying for US entry from their home country.
• immigrant already in US trying to get green card
–
LPR re-entering U.S. after absence of 180 days or more.
• It is NOT an issue for LPRs (people with green cards) who
are applying for citizenship. However, many LPRs have
been confused about this and have avoided using benefits.
48
Why the Public Charge Rules Were Needed
Before May 1999, there were no guidelines for INS'
use of the Public Charge policy, and the policy
was applied inconsistently and unpredictably.
• Problems began to arise after the 1996 Welfare
and Immigration laws passed.
• INS, State Dept. , HCFA, & HHS all issued
guidance in 12/97:
– Demanding repayment of public benefits is
ILLEGAL, unless the immigrant committed fraud
or received an overpayment.
– States may not tell INS (now CIS) who has (or
had) Medicaid or TANF except when there has
been fraud or overpayment.
– US consulates MAY NOT apply public charge test
to LPRs absent from the US for less than 180
days.
49
Good News for Immigrants and
Safety Net Providers
May 26, 1999 INS Guidance on "Public
Charge" Policy
• INS issued guidance EFFECTIVE
IMMEDIATELY spelling out how public
charge policy will work.
• Official INS Fact Sheets and Q&A
published in English, Spanish and 5 other
languages. See :
http://www.bcis.gov/graphics/publicaffairs/
50
What the Public Charge Guidance Says:
Health Programs are "Safe"
• Guidance Guarantees NO problems getting a
green card or becoming a citizen, if an
immigrant, his children, or family members
use any public health service, including:
– Medicaid,
– CHIP,
– Title V Maternal and Child Health Block Grant
(e.g., CIDC/CSHCN, prenatal care),
– immunizations,
– County Indigent health care programs
– other free or low-cost care (including FQHCs)
51
What the Public Charge Guidance Says:
Food Programs are "Safe"
• Guidance Guarantees NO problems getting a
green card or becoming a citizen if an
immigrant, his children, or family members
use Food programs like:
– Food Stamps,
– WIC,
– School Lunch and Breakfast, Summer Food
Service Program,
– food pantries and food banks,
– child care food programs,
– senior meals, Meals on Wheels,
– any other food assistance.
52
What the Public Charge Guidance Says:
Emergency Aid and non-cash programs
are "Safe"
• Guidance Guarantees NO problems getting a green
card or becoming a citizen if an immigrant, his
children, or family members use:
–
Emergency assistance programs, disaster relief, homeless
and family violence shelters,
–
Emergency or one-time cash benefits like home energy bill
assistance (LIHEAP), One-time TANF
–
Non- cash programs like child care, transportation,
public housing, job training
53
What the Public Charge Guidance Says:
Total Reliance on Government Support
CAN be a problem
• For those wanting a green card, OR for green card
holders who leave US for 180 days or more:
– If the green card applicant relies COMPLETELY on cash
assistance (TANF, SSI), or
– If his family's ONLY support comes from TANF or SSI
received by his CHILDREN or other FAMILY MEMBERS, or
– If the applicant is in a nursing home or other long-term care
paid by Medicaid.
• THEN a green card application may be denied, or reentry into US refused.
54
What the Public Charge Guidance Says:
If you are applying for U.S. citizenship
• The only way benefit use can prevent a green card holder from
becoming a citizen is if he/she lied (committed fraud) to get
those benefits. (for example,lied about income or citizenship
status.)
• This means non-U.S. citizen parents must be VERY careful
to provide accurate income and asset information, and not
to provide any false information. Fraud can result in
deportation!
• If a person wants to sponsor immigration by his relative, using
benefits, including cash welfare, health care, food programs,
and non-cash programs, should not prevent him from
sponsoring a relative. BUT, a sponsor must meet minimum
income standards, and cash assistance received by a family
member will not count toward the required income.
55
#6: Immigrant families DO need to
be informed about situations that
COULD cause them problems.
56
Immigrant Families MUST avoid Fraud!
• Though there is NO reporting to CIS about non-citizen parents
applying for benefits for US citizen children, DHS and others
CAN and DO report FRAUD by immigrants.
• This means immigrant parents (whether legal or undocumented)
should be STRONGLY AND CLEARLY told that they MUST not
give false information to DHS or CHIP about income, identity, or
relationships.
• Because non-applicants do NOT have to provide SSNs,
parents need not provide a false SSN for themselves when
applying for benefits for a US citizen or legal immigrant child.
• There have been cases in Texas of parents who have lied
about income to get Medicaid for their children and were
deported. THESE PARENTS WERE NOT DEPORTED
BECAUSE THEIR CHILDREN USED A BENEFIT, THEY
WERE DEPORTED FOR FRAUD.
57
What IS Sponsor Liability?
• All immigrants who apply for a green card through a
family member after December 19, 1997 have to
have a sponsor(s) with income of 125% FPL or more,
and the sponsor(s) must sign an “enforceable”
Affidavit of Support (I-864).
• If the immigrant being sponsored uses certain federal
benefits, the federal government can demand that the
sponsor pay for those benefits.
• BUT!!! THERE ARE MANY EXCEPTIONS.
58
Who Does NOT have to worry about Sponsor
Liability?
• If the person using a benefit is a U.S. citizen (e.g.,
children born in U.S., no matter WHAT their parents’
status is), then there is NO WAY the government can
ask to be repaid for benefits.
• Legal immigrants who used the “traditional”
Affidavit of Support (Form I-134). This was the
usual form filled out by the sponsor of a prospective
immigrant who is applying for Lawful Permanent
Residence (or a “green card”) used before
December 19, 1997, and is still used for some
categories of immigrants. Children (and other
immigrants) whose sponsors used this form WILL
NOT be asked to pay the government back for
benefits.
59
Who Does NOT have to worry about Sponsor
Liability?
• Once an immigrant family has 40 quarters (10
years) of U.S. work history, there is NO LONGER a
SPONSOR LIABILITY. Married couples and their
children “share” work quarters, so a family where
BOTH parents worked for 5 years without using
public benefits could be free from sponsor liability.
• Sponsors are not responsible for benefits used by the
sponsored immigrant’s U.S. citizen children, or by
any other “non-sponsored” family members.
60
More Immigrants NOT affected by Sponsor Liability:
• Refugees and asylees applying for a green card.
• Widows/widowers of U.S. citizens,
• Victims of domestic violence or extreme cruelty
• VAWA petitioners and their children: abused
spouses/children who self-petition for a green card may use the
traditional Affidavit of Support (no affidavit is required at all).
• Applicants for a green card under specific programs, including
Registry (residence in the U.S. since before January 1, 1972),
the Nicaraguan Adjustment and Cuban American Relief Act, the
Haitian Refugee Immigration Fairness Act, the Cuban
Adjustment Act, certain Indochinese, Polish and Hungarian
parolees, and persons applying as special immigrant juveniles.
• Diversity immigrant visa lottery applicants may use the
traditional Affidavit of Support.
• Persons paroled into the U.S. (a humanitarian status) may use
the traditional Affidavit of Support
61
Who MIGHT have Sponsor Liability?
• Sponsors of Legal Immigrants who arrived after 8/22/96, AND
who who have who used the new “enforceable” Affidavit of
Support (I-864) COULD in the future be asked by the federal
government to repay certain benefits provided to the immigrant.
– ONLY for Medicaid, CHIP, SSI, TANF, and Food Stamps.
– NO re-payment of Emergency Medicaid, or any other benefit
not on this list.
• Many immigrants who used the new AOS are still barred from
Medicaid, CHIP, and TANF (due to “5-year bar”). But, since
December of 2002, there are SOME immigrants who can get
benefits paid for by the FEDERAL government, AND who have
sponsors who used the new “enforceable” Affidavit of Support (I864). At some point, it is possible that the FEDERAL
government could ask sponsors to pay them back for benefits.
• To our knowledge, only one state government agency (CT)
has sought reimbursement from a sponsor up to now.
62
Unanswered Questions on Sponsor Liability
• Legislation in Congress (if passed) would ensure that the
government would NOT ever ask a sponsor to pay them back
for Medicaid or CHIP provided to a CHILD or a pregnant
woman. STAY TUNED TO FIND OUT IF THIS LAW GETS
PASSED!!
• Federal RULES can (and DO) create MORE exceptions:
– Food Stamp rules say that if the Sponsor is a member of the
immigrant’s household and himself qualifies for Food Stamps, NO
SPONSOR LIABILITY.
– Medicaid, CHIP, TANF have not created any other exceptions in
rule to date.
• Texas does NOT have a policy TODAY of asking SPONSORS
to pay the state back for our state-funded CHIP coverage of
legal immigrant children. BUT, this policy could change in the
future. The state would have to announce any change in the
policy before doing it.
63
Front-Line Workers Don't Have to be
Experts, But....
They DO Need to Know:
• Don't assume non-citizens are ineligible for a benefit or
service without checking. Remember that many state workers
in Texas programs have had little or NO training on this issue,
and mistakes are sometimes made.
• Remember that the parent's immigration status does NOT
affect a child's eligibility for a benefit.
• Remember that reporting to INS is only required of TDHS,
and ONLY in VERY LIMITED circumstances.
• Use the Public Charge flyers: in English and Spanish, they
explain that using most benefits is SAFE, and they include local
and toll-free Texas phone numbers for more FREE information
from immigration law experts.
64
Front-Line Workers Don't Have to be
Experts, But....
They DO Need to Know:
• Remember that US citizen children, legal
immigrants without sponsors, or immigrants who
used the OLD Affidavit of Support do NOT have to
worry about Sponsor Liability.
• Others may need to talk to a qualified resource
for advice about Sponsor Liability, see next 2
slides.
65
Local Assistance for Immigrants
• Austin: Political Asylum Project of Austin (PAPA) (512)
476-1285; Catholic Charities of Central Texas (512)
494-0148
• Dallas: Catholic Charities Immigration Counseling
Services, (214) 634-7182
• El Paso: Diocesan Migrant & Refugee Services, 1117
North Stanton,(915) 532-3975; Las Américas, 715
Myrtle, (915) 544-5126; Medicaid and CHIP questions:
West Texas CHIP Collaborative, (915) 351-8542
• Houston: Associated Catholic Charities Texas,
Center for Immigrant Legal Assistance (713)-874-6570
• Lubbock: Catholic Family Service, (806) 741-0409
• Rio Grande Valley: Proyecto Libertad (956) 425-9552
• San Antonio: Lawyers’ Committee for Civil Rights (210)
277-1603
• Other Areas in Texas: Telephone Access to Justice: 1888-988-9996
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More Resources
• For more information on immigrant eligibility for
benefits, or help with training, call:
– Center for Public Policy Priorities, Anne
Dunkelberg or Celia Hagert, (512) 320-0222,
dunkelberg@cppp.org, hagert@cppp.org
– Children's Defense Fund - Texas, Barbara Best,
(713) 273-3291, bbest@childrensdefense.org
– National Immigration Law Center
http://www.nilc.org/
67