Government Benefits for Non-Citizens

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Transcript Government Benefits for Non-Citizens

Government Benefits for Non-Citizens

February 2010

Laura Melnick SMRLS 651-222-5863 [email protected]

Government Benefits for Non-Citizens

7. Welfare reform Definitions Sponsor-deeming “SAVE” Reporting to Immigration Public charge considerations

FEDERAL BENEFITS:

a. b.

SSI food stamps

STATE and FEDERAL/STATE BENEFITS

cash and food: TANF – families (i) (ii) (iii)

FSS

(Family Stabilization Services)

DWP

(Diversionary Work)

MFIP

(MN Family Investment Prog.) (iv)

(Work Participation Cash Benes.) b. cash: adults

(General Assistance) c.

emergencies

(Emergency Assistance). non-need-based:

(Unemployment Insurance) food

MFAP

(MN Food Assistance Prog.)

health care (i)

(Medical Assistance) (ii) (iii) (iv)

GAMC EMA

(General Assistance Medical Care) (Emergency MA)

MinnesotaCare

10.

11.

other benefits considerations for mixed-status households scenarios

1. Welfare reform

  replaced

AFDC

(family cash program) with “TANF” block grants to states  enacted August 22, 1996 imposed lifetime limits on, and work  requirements for, family cash assistance eliminated

SSI

food stamp

eligibility for many non-citizens  required certain agencies to file reports with Immigration

Post-1996 federal law changes (all good!)



BALANCED BUDGET ACT OF 1997

added groups of non-citizens eligible for

SSI

based on disability; extended 5-year window of benefits for refugees & asylees to 7 years.



1998 AGRICULTURAL RESEARCH ACT

restored

food stamp

legal immigrants.

eligibility to certain groups of 

FARM BILL OF 2002

significantly broadened eligibility for

food stamps

non-citizens beginning 2003.

for 

SSI EXTENSION FOR ELDERLY AND DISABLED REFUGEES ACT OF 2008

allowed certain humanitarian immigrants an additional 2-3 years of

SSI

2. Definitions Definitions used to determine eligibility for

FEDERAL

benefits.

“QUALIFIED” NON-CITIZENS

  have been lawfully admitted for permanent residence under the Immigration & Nationality Act (INA) are “refugees,” including Haitian, Cuban, and Amerasian immigrants       have been granted asylum have been granted parol are conditional entrants (granted before 4/1/80) are “battered immigrants” have had deportation withheld or removal cancelled Have been granted a T-Visa

“UNQUALIFIED” NON-CITIZENS

  have no documentation have expired documentation  have applied for suspension of deportation or cancellation of removal  have applications pending for adjustment or asylum  are lawful temporary residents under an amnesty program  are non-immigrants (with temporary protected status; or student, visitor, or temporary worker visas)

“BATTERED IMMIGRANTS”

Immigrants who meet definition can qualify for

range

of federal and state-funded government benefits but must

wait 5 years

for

food stamps

SSI

: o Applicant must have been

battered or subjected to extreme cruelty

in U.S. by U.S. citizen or LPR parent, spouse, or relative who resided in same household as victim,

AND

o o applicant must

no longer live

with abuser,

AND

applicant’s need for benefits must be

“substantially connected”

to abuse,

AND

applicant must either:

• • be the spouse or child of a U.S. citizen

AND

have petitioned for adjustment of status under the Violence against Women Act (VAWA);

OR

be the spouse or child of a U.S. citizen

OR

LPR

AND

have petitioned for cancellation of removal under the Immigration and Nationality Act (INA).

3. Sponsor-deeming

attribution of income from sponsor to immigrant

can make certain immigrants

COMPLETELY INELIGIBLE

for almost all types of public assistance!

   1996 welfare reform law required sponsor deeming.

Deeming pursuant to 1996 law change began on

December 19, 1997

with creation of “Affidavit of Support” forms (form

I-864

Deeming applies

only

from family member).

to family-based immigrants (immigrants arriving through petition

Deeming does NOT apply to:

   

refugees asylees diversity visa (visa lottery) recipients immigrants with Temporary Protected



Status legal immigrant children under 18 (for

food stamps

only)

How deeming works

• • • • • Generally, 100% of income & assets of sponsor

AND

sponsor’s spouse are considered fully available to immigrant. (For

food stamps

, deeming is a little less harsh).

Sponsor’s family size & fixed debts are irrelevant.

Burden of proving sponsor has little income is on immigrant applying for public assistance.

Income and assets are deemed until: immigrant becomes U.S. citizen, works 10 years at Social Security-covered work; or dies;

sponsor permanently leaves U.S. or dies.

Divorce from sponsor has no effect on deeming.

• • • Whether deeming will affect people other than sponsored immigrant will vary depending on type of assistance program.

For example, in TANF programs, deference is given to

states

to define assistance unit, affecting the reach of deeming.

In Minnesota, where all siblings, half-siblings, and their parents must be included in same

MFIP

assistance unit,

MFIP

deeming may have a fairly broad reach: income attributed 100% to immigrant may

then be attributed

to immigrant’s spouse, child, etc.

Exceptions to deeming

2 exceptions

allow immigrants subject to deeming to get benefits without regard to their sponsors’ income and assets :

A. Indigence exception:

 Sponsor-deeming will

NOT

apply if welfare agency determines that immigrant will go

hungry

or become

homeless

without benefit. (Immigrant can get food and cash, but probably not medical, benefits).

 Government can provide benefits for up to 12 months, with 12-month renewal available.

 Government can sue sponsor for benefits provided to immigrant. (Immigrant can sue sponsor, too).

B. Battered spouse/child exception

 Sponsor-deeming will

NOT

apply for 12 months if immigrant or child has been battered or subjected to extreme cruelty by spouse or parent, or by a relative of spouse or parent residing in same household. Full range of state-funded benefits is available.

  Immigrant cannot have participated in abuse of child.

After 12 months, exemption will end unless battery was perpetrated by sponsor

AND

has been recognized in a court order (such as an Order for Protection).

 Government can sue sponsor for benefits provided to immigrant. (Again, immigrant can also sue).

Benefits to which deeming applies

Deeming applies to:  cash programs:

SSI

MSA

MFIP

 food programs:

food stamps

for adults and for U.S. citizen children;

MFAP

 health care programs:

GAMC

MinnesotaCare

Deeming does

NOT

apply to: o

EMA

(Emergency Medical Assistance) o

Food stamps

for legal immigrant children

Note about deeming and pregnant women:

 Pregnant women otherwise subject to deeming

CAN

qualify for Emergency Medical Assistance (

EMA

) for labor and delivery.

 Pregnant women otherwise subject to deeming

CANNOT

get

EMA

(or state-funded

) for prenatal or post-partum care.

 Beginning

7/1/10

, however, pregnant women and children will deeming for

MA NOT

be subject to sponsor purposes.

4. “SAVE”

Systematic Alien Verification for Entitlements

Inter-governmental information-sharing program

o Used to verify immigration status for public assistance and public housing o

NOT

used for reporting immigration status (or lack thereof) to Immigration

5. Reporting to Immigration

requirement stems from 1996 welfare reform law

WHO IS REQUIRED TO REPORT?

Only:

 agencies receiving “TANF” funds (in Minnesota, that means county agencies  administering

MFIP

Social Security family cash benefits)  public housing agencies contracting with HUD

WHAT MUST BE REPORTED?



names, addresses, and other “identifying information”

ON



anyone the worker “knows” is unlawfully in the U.S.

Reporting in Minnesota

MDHS issued clarifying bulletins in 1999 and 2002 narrowly interpreting federal reporting requirements. Bulletins have been codified in state policy manuals.

Agencies must:

 report to

MDHS

rather than to Immigration 

not

verify status if not relevant to benefit being sought 

stop inquiring

about status when applicants are unwilling/unable to verify  interpret “knowledge” very narrowly  comply strictly with data privacy laws

6. Public charge considerations

  Receiving/having dependents receive certain public benefits may affect

ability to adjust

to LPR status.

Benefits subject to public charge considerations are:  cash benefits:

MFIP

DWP

SSI

MSA

 long-term medical care (nursing home care)   Benefits

not

considered include health care, WIC, public health services, housing and energy assistance, & other non-cash & special-purpose cash benefits

not intended for income maintenance

Receipt of

food stamps

should

not

public charge determinations.

be a factor for

BENEFITS!

7. Federal benefits:

a. Supplemental Security Income (SSI)

Social Security administers 2 types of disability benefits: 

SSI

, for

low-income

low-asset

individuals. Recipients must be too disabled to work or

age 65

or older.



SSDI

, for people too

disabled

to work who

meet earnings requirements

by having paid into system via FICA wage deductions.

To qualify for

SSI

, non-citizen applicants must:



be defined as

“qualified”

under federal law; non-citizens

AND



meet certain

residency

requirements

SSI residency issues:

A. immigrants here before welfare reform

non-citizens who were Lawful Permanent Residents (LPRs) in the U.S.

 if on

SSI

before August 22, 1996: 8/22/96

, they can keep getting SSI for as long as they remain elderly or disabled.

 if not on are:

SSI

8/26/96

, they can get SSI now if they • •

“qualified”

non-citizens

disabled

 They

cannot

get

SSI AND

based on

age

(over 65).

Immigrants arriving after welfare reform

  For non-citizens who came to the U.S.

after August 22, 1996

, or who adjusted status to LPR after that date:

“unqualified”

non-citizens

cannot

Interestingly, most also

cannot

get

“qualified” SSI

get

SSI

non-citizens There are

3 exceptions

Exceptions to ban on SSI for newer legal immigrants Immigrants arriving after August 22, 1996

 Those granted

refugee

asylee

, or

withholding

status can get

SSI

for

7 years

after grant of status.

 Certain humanitarian immigrants may get

additional 2-3 years

SSI

after their 7 years of benefits.



U.S. veterans

& active-duty members of U.S. armed forces, & their spouses and minor children, can get

SSI

without time limits.



(Hmong soldiers who fought with the CIA in the Vietnam War are

not

considered “U.S. veterans”).

 Non-citizens who have

worked

at least 40 work quarters (10 years) can get SSI

without time limits

Note about “40 work quarters” exception:

o Only work where FICA taxes have been deducted from pay counts toward the 40-quarter requirement.

o Quarters can be attributed from spouse to spouse and from parent to minor child . Minor children can carry parents’ quarters with them into adulthood.

o Any quarters worked

after December 31, 1996

in which federal “need-based” benefits (

AFDC

MFIP

food stamps

SSI

) were received by the household do

not count

as quarters.

Sponsor-deeming and Social Security

o o Because

SSI

is a need-based program, sponsor-deeming may preclude eligibility.

Because

SSDI

not

need based, sponsor-deeming does

not

apply .

b. food stamps

Except when sponsor-deeming applies, the following non-citizens can get

food stamps

:  Legal non-citizens can get

food stamps

5 years after

getting permanent legal status.

Other eligibility categories for food stamps :

 Immigrants eligible for

food stamps

wait 5 years:

refugees

, asylees , & those granted without having to withholding of deportation 

U.S. veterans

active-duty

members of U.S. armed forces (& their spouses and unmarried dependents) 

elderly

immigrants who were “lawfully residing” in U.S. & age 65 or older

as of August 22, 1996

   legal immigrants

certified disabled

legal immigrants

under age 18 Hmong

by State or SSA & Highland Laotian immigrants

8. State benefits

 

requirement for all state funded benefits: “steps”

toward citizenship Most recipients of state-funded assistance (including state-funded

MFIP

and

) must take

“steps”

toward obtaining citizenship.

Immigrants

don’t

have to take such steps if they:  have legally resided in U.S.

fewer than 4 years

;  are

age 70

or older;

 are living in a

nursing home

, group home, or similar type of facility.

“Steps” toward citizenship

o o o o Recipients of state-funded assistance required to take

“steps”

toward citizenship can meet the requirements by: taking citizenship, literacy, or ESL classes being on waiting list for such classes having application for citizenship on file being in process of applying for a waiver of certain test requirements o having failed citizenship test at least twice due to inability to understand the rights and responsibilities of citizenship.

“Lawfully residing people”

Certain people here on a non-permanent basis who are not eligible for federal benefits may qualify for state funded benefits (

MFAP

GAMC

MinnesotaCare

, state-funded

MFIP

):    Lawful Temporary Residents those with Temporary Protected Status (TPS) applicants for asylum who have employment authorization  spouses or children of U.S. citizens with approved visa petition or pending application for adjustment to LPR.

Crime Victims: U Visas

• • •

Crime victims

who are recipients of

“U” Visas

are not eligible for federally-funded benefits.

They are not specifically eligible for state funded benefits, either.

U Visa

recipients should argue they qualify for state-funded benefits as

residing people” “lawfully

under state policy manual.

Victims of Trafficking: T Visas

o Victims of trafficking who have

“T” visas

may be eligible for

both federal and state-funded benefits

to the extent that refugees are eligible.

o To qualify,

T visa

holders must get certification from the Office of Refugee Resettlement (ORR).

cash & food: TANF

(ii) (i)

FSS DWP

– Family Support Services – Diversionary Work Program (iii)

MFIP

– Minnesota Family Investment Prog.

(iv)

– Work Participation Cash Benefits 

MFIP

DWP

FSS

are TANF (temporary assistance for needy families) programs that have replaced

AFDC

 They provide cash assistance to families with minor children. Cash grants for

MFIP

DWP

FSS

are very low: $437 for 4, $697 for a household of 2, for 5, etc.

$532 for 3, $621  Adults without minor children are not eligible for

FSS

DWP

MFIP

Non-citizen eligibility for

FSS

,

DWP

,

MFIP

&

WB      Most

legal

non-citizens permanently in the U.S. are eligible for

FSS

DWP

MFIP

if they meet the other criteria, whether “qualified” or “unqualified” under federal law.

Certain non-citizens can only get

state-funded FSS

DWP

MFIP

. (Eligibility depends on date of arrival in U.S. and immigration category).

Since

1/1/08

, newly arrived immigrants (here < 1 year) are exempt from

DWP

Recipients of state-funded benefits must take

“steps”

toward citizenship.

Sponsor-deeming may preclude eligibility.

MFIP

work plans & ESL

Most

MFIP

recipients have to work, unless exempted.

o Counties may allow non-English speakers to include ESL in their job search & work plans if spoken language proficiency level is low enough, based on standardized testing.

o o

MFIP

recipients may fulfill only

half

of work participation requirements through attendance at ESL classes, unless they’re taking intensive functional work literacy.

MFIP

recipients may include ESL in their work plans for a total of only

24 months

(out of 60).

b. cash: General Assistance (

)



is a state-funded program for low-income, low asset individuals not living with minor children.



pays only $203 per month for an individual and $260 for a married couple.

 Legal immigrants residing in the U.S. permanently (or with a pending application for adjustment) may get

if they meet other eligibility criteria.

 If under 70 and here at least 4 years, they must take steps toward citizenship.

 Sponsor-deeming may preclude eligibility.

cash:

Emergency Assistance (

) is a program designed to prevent destitution by providing cash grants to resolve crises.

 Legal, permanent residents are eligible for

to the same extent (and subject to the same limitations) as U.S. citizens.



EGA

and

EMSA

have been unallotted; grants under these programs ended

11/1/09

 Sponsor-deeming may preclude eligibility for

d. non-need-based cash: Unemployment

Unemployment Insurance – “UI”

• • •

benefits can be paid if the worker was: lawfully admitted for permanent residence at the

time

of the employment; lawfully present for

purposes of

the employment;

permanently residing in the U.S. under color of law at the

time

of the employment.

Work done

before

gaining legal status does

not count

toward earnings requirements.

benefits are

not need-based

subject to sponsor-deeming.

and therefore are not

e. food

MFAP

– Minnesota Food Assistance Program  Legal, permanent non-citizens not on

MFIP

been here

fewer than 5 years

who have (& therefore may not be eligible for

food stamps

) may qualify for food benefits through

MFAP



MFAP

benefits are available only to those

age 50

and older.

 The

MFAP

program follows federal

food stamp

regulations.



MFAP

recipients may be subject to sponsor deeming.

f. health care

(i) Medical Assistance ( MA ) MA

   • • • • • is available to immigrants who: are low-income and low-asset; are permanently and legally in the U.S.;

AND

meet the categorical requirements by: being having

minor children

/ living in

MFIP

being being

pregnant

;

under 21

;

or older ;

being

certified disabled

household by State or SSA.

 Sponsor-deeming may preclude eligibility.

MA exception for torture survivors

  Those otherwise ineligible for

can get coverage if they are receiving “care and rehabilitation” services from a non-profit center established to serve victims of torture.

Those receiving such services do

NOT

have to meet

guidelines in terms of: o o o categorical eligibility; income and asset restrictions;

immigration requirements.

(ii) General Assistance Medical Care (

GAMC

)

• • •

GAMC

is state-funded health care program for those not categorically eligible for MA who receive

, have applied for

SSI

SSDI

, or are homeless (

until April 1, 2010

– the Governor used a line-item veto on funding for the program) Low-income non-citizens who are lawfully residing in the U.S. on a permanent basis who do not have categorical eligibility for

may qualify for

GAMC

Sponsor-deeming may preclude eligibility.

Recipients must take

“steps”

toward citizenship.

(iii) Emergency Medical Assistance (

EMA

)



EMA

is a basic safety net health care program.



EMA

can provide health care services to “medically needy” people who are undocumented, who have lapsed documentation, or who otherwise would be ineligible due to sponsor-deeming.



EMA

covers acute and chronic medical conditions.



EMA

does

NOT

procedures.” cover organ transplants or “related



EMA

is available only to those categorically eligible for

(i.e., living in a household with minor children, pregnant, elderly, certified disabled, or under 21).

 Since the Emergency GAMC (

EGAMC

) program was eliminated by the State legislature 7/1/03 ,

EMA

is the only remaining emergency medical program in Minnesota.

 Those not categorically eligible for

between ages 22 and 64 have no safety net medical coverage.

EMA

is for “Emergency Medical Services”:

required after the

sudden onset

of a medical condition manifested by

acute symptoms

of such severity that the absence of immediate medical attention reasonably could be expected to result in: o o o Placement of the patient’s health in serious jeopardy; Serious impairment to bodily functions;

Serious dysfunction of any bodily organ or part .

EMA for chronic conditions

The future is uncertain concerning

EMA

coverage for chronic medical conditions.

o o o So far, Minnesota has interpreted the “sudden onset” language fairly liberally to cover chronic medical conditions.

However, a few years ago a federal court in New York ordered health officials to stop allowing

EMA

coverage for chemotherapy.

The New York ruling may affect

EMA

applicants and recipients here at some point in the future.

EMA and medical coverage for pregnant women

Pregnant women qualify without regard to immigration status for:  labor & delivery (now paid for by state-funded

rather

EMA , effective 7/1/09

);

AND

 pre- & post-natal care for 60 days after birth (paid for by state-funded

Note

: Lawful, permanent sponsored post-natal care until

7/1/10

immigrants who are low-income will qualify for

EMA

delivery but are not eligible for

for labor and for pre- &

(iv)

MinnesotaCare



MinnesotaCare

is a need-based program with higher income allowances than

and

GAMC



MinnesotaCare

is available to those ineligible for

and

GAMC

due to categorical or income restrictions.



MinnesotaCare

is available to those who meet income guidelines

AND

:   are “qualified” non-citizens

are otherwise residing lawfully in the U.S. on a permanent basis.

 Sponsor-deeming may preclude eligibility.

9. Other benefits

Some benefits are available without regard to immigration status, including: • • • • • • • WIC (Women, Infants & Children) benefits school breakfast & lunch benefits benefits through Head Start K-12 free public education public health immunizations & testing soup kitchens, short-term shelter, etc.

child care assistance for U.S. citizen children

10. Considerations for mixed-status households

To avoid getting reported to Immigration, those without proper documentation should be advised to:  Tell agency they are not eligible for benefits for themselves due to immigration status.

 Tell agency they are applying only for eligible household member.

  Not provide details about their status to agency.

Not provide Social Security number (unless necessary for income verification).

  Verify earned income, from whatever source.

Verify pregnancy if seeking health coverage.

SCENARIOS

A. sponsor-deeming: Max &

Ling

• • • • •

Ling

came to U.S. from China with daughter

Hua

(now 8) 6 yrs. ago.

Ling

was sponsored by her wealthy mom & stepdad in CA (with whom she’s no longer in contact).

10 mos. ago

Ling

married widower

Max

, a U.S. citizen with 6 minor kids, who’s been on

MFIP

a few years.

Max

Ling

had a baby boy,

Cong

, 5 mos. ago.

County just notified

Max

that he & entire blended family are no longer eligible for

MFIP

& have not been eligible since the marriage. County says

Max

owes $.

County says

Max

eligible for

& his 7 kids (but not

Ling

Hua

) are & no one else is eligible for anything (except

Hua

, who can get

food stamps

The County:

A. Max &

Ling

quiz

is wrong re

Max

, because he is U.S. citizen & sponsor income can’t be attributed to him.

is wrong re

Cong

, since he was born in U.S. after sponsorship.

Ling’s

mother can’t be held financially responsible for after-born children.

is wrong re

Max’s

6 older kids, since County can’t deem income from

Ling

to U.S. citizen kids to whom she’s not biologically related.

is wrong re

Hua’s

eligibility for

food stamps

she’s not even a citizen.

– is right , darn it!

B. SSI : Xiong

• • • • •

Xiong

, 52, came to U.S. as refugee from Laos almost 8 yrs. ago.

She doesn’t speak English. She suffered trauma in her youth & can’t work.

Xiong

started getting

SSI

(& state supplemental

MSA

) because of her Post-Traumatic Stress disorder (PTSD) a couple yrs. ago.

Xiong’s SSI

MSA

ended less than a year ago because of 7-year rule. She has been living on $203 per mo. in

benefits & lost her apartment.

Xiong

is quite isolated. County is making her take ESL classes for

purposes, but she has not taken steps to naturalize.

Xiong

heard she might qualify for additional

SSI

based on the 2008 law change.

benefits

B. Xiong quiz

Xiong

: 1.

should ask SSA to reinstate her

SSI

benefits based on 2008 law change.

should file new application for

SSI

should move to Iowa, as she’ll automatically get

SSI

in that state.

is not eligible for extended

SSI

. She should apply for subsidized housing, start taking citizenship classes, and file an application for citizenship.

C. health care: Liliana

• • • • • •

Liliana

, 49, came to U.S. from Guatemala in 1970s. She has no legal status.

Liliana’s

youngest child just turned 18 & quit school.

Liliana

lost her job because she broke her leg badly in a car accident. She had a cast put on in the ER.

Liliana

got a bill from her ER visit & almost fell & broke the other leg when she read the amount!

Liliana

would like aid to pay her ER bill. She knows that

can be retroactive for up to 3 mos.

Liliana

also needs ongoing health coverage. Doctors say that due to severity of fracture, she will need physical therapy & must be off work at least 6 mos.

C. Liliana quiz

Liliana

: 1.

is eligible for Emergency MA (

EMA

) because the absence of ongoing medical attention to her leg could result in serious dysfunction of that bodily part.

is eligible for regular

because she will be laid up and unable to work for at least half a year.

is not eligible for any health care coverage.

D. Reporting & public charge:

Lori

& Aniceto

• • • • U.S. citizen

Lori’s

husband is visa has expired.

Aniceto Aniceto

, whose student would like to become LPR.

Lori

Aniceto

have 2 minor children born in U.S.

Lori

wants to apply for herself & the kids.

MFIP

food stamps

for

Lori

worries that 1) County will report

Aniceto’s

lapsed status to Immigration

AND

endanger

Aniceto’s

2) getting benefits will chances of adjusting to LPR status.

D.

Lori

& Aniceto quiz

Lori

applies:

Lori

should worry. County will have to report

Aniceto

to Immigration & he could face deportation (removal).

Lori

has nothing to fear on either account. She is a worry-wart.

Lori

will not be eligible for benefits because

Aniceto

has no legal status.

Lori

should apply only for

food stamps

because getting

MFIP

jeopardize

Aniceto’s

for herself & kids could ability to adjust his status.

Aniceto

will be forced to wear scarlet “A” (for “Alien,” although due to embarrassment he will tell everyone it stands for “

Aniceto

”).

E. Battered immigrants: Sasha

• • • •

Sasha

, age 36, is here without immigration papers.

Sasha

recently separated from her U.S. citizen husband because he was physically abusive. She filed a VAWA (Violence Against Women Act) petition.

Sasha

just got a notice from Immigration that she has made a prima facie case for relief under VAWA.

Sasha

has no money or food & is thinking about applying for public assistance.

E. Sasha quiz

Sasha

: 1.

is not eligible for any public assistance because she is undocumented.

is eligible for

GAMC

, and

food stamps

because she is a battered immigrant.

will not be eligible for any benefits until she gets final approval of her VAWA petition.

is eligible for health care (

GAMC

MinnesotaCare

) and may be eligible for

, but is not eligible for

food benefits