1 Immigrants and Public Benefits: Immigrants and Public Benefits: Training for Community Service Training for Community Service Providers 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 ([email protected]) 900 Lydia Street, Austin, TX 78702 (512) 320-0222 www.cppp.org
Transcript
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Immigrants and Public Benefits:Immigrants and Public Benefits:Training for Community Service Training for Community Service
ProvidersProviders San Antonio, Texas
Bexar County Case Management Coalition Wednesday, April 21, 2004
Center for Public Policy Priorities, 900 Lydia Street Austin, TX 78702
• Fear, misinformation, and outdated information are preventing Texans in families that include non-citizens from accessing important health and nutrition benefits.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!
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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)
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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).
31.1 Million Foreign-Born(Census 2000)
All Other(9.8 million)
32%
California (8.9 million)
28%
Illinois(1.5 million)
5%
New York(3.9 million)
12%
Texas(2.9 million)
9%
Florida(2.7 million)
9%
New Jersey(1.5 million)
5%
Where Immigrants are ConcentratedWhere Immigrants are Concentrated
Jeffrey S. Passel & Michael Fix, Immigration Studies ProgramThe Urban Institute
Most Children of Immigrants Are U.S. CitizensJeffrey S. Passel & Michael Fix, Immigration Studies Program
The Urban Institute
Most Children of Immigrants Are U.S. CitizensJeffrey S. Passel & Michael Fix, Immigration Studies Program
The Urban Institute
2.51.9
4.3
2.4
2.8(68%)
3.6(69%)
0.4(54%)
0.6(48%)
3.0(81%)
5.1(84%)
Total <200% ofpoverty
Total <200% ofpoverty
Total <200% ofpoverty
Noncitizen ChildCitizen Child
Children by Parents’ Status (millions)Percent U.S. Citizens, based on 2000 CPS
LPR Parents UndocumentedRefugee Parents
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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 citizen-headed 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.
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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.
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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)
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New Categories Related to Public Benefit Eligibility
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)
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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, short-term emergency and intervention services, WIC, and school meals.
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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.
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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.
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#1
Many Legal Immigrants are still eligible for benefits from federally-funded programs, including many programs the state administers.
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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.
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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. citizenshipNOTE: Deeming and/or Sponsor Liability may apply
(more later on this!)
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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).
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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.
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Things to know about applying for Food Stamps as a sponsored immigrant
There are three (3) options:1. 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:
2. 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.
3. 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.
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Who's Eligible for What?(Qualified Immigrants)Medicaid:
• 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.
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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 (more on this).
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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.
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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).
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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)
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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
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.
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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.
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#2
Undocumented immigrants can still access many
federally-funded (non-entitlement) programs, especially health care programs, short-term
emergency and intervention services, WIC, and school
meals.
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“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 block-grant funded programs, as well as state and local programs, ARE available to the not qualified -- both legal and undocumented -- as the next slides explain.
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Some Benefits/Programs MUST be Available to ALL PERSONS in Need; MAY NOT exclude
undocumentedPublic 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.
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U.S. Attorney General’sList 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
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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!
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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.
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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.
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2 Situations When Undocumented and other “Not Qualified” Immigrants can
Access Benefits2) 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
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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 post-96 entrant cannot get. It may affect VAWA families especially.
• See http://www.cms.gov/immigrants for official federal guidance.
• 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 HUD-funded housing.
– However, the financial assistance provided will be “pro-rated” 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.
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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).
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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.
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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.
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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.
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#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.
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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.
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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.
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#4Reporting to CIS* by
agencies administering federal programs is only required in VERY RARE
circumstances.
* Formerly INS
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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.
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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!
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#5The 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.
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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.
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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.
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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/
• 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)
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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.
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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
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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 re-entry into US refused.
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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.
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#6: Immigrant families DO need to be informed about
situations that COULD cause them problems.
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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.
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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.
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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.
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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.
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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
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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 (I-864). 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.
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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.
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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.
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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.
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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: 1-888-988-
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
