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,

1
Immigrants and Public BenefitsTraining 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 [phone],
www.cppp.orgAnne Dunkelberg (dunkelberg_at_cppp.org
)
900 Lydia Street, Austin, TX 78702 (512)
320-0222 www.cppp.org
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Why Bother?

• Fear, misinformation, and outdated information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!

3
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 (lt200 FPL) are in mixed families
  (Census 2001 CPS, CBPP)

4
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).

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Where Immigrants are Concentrated
Jeffrey S. Passel Michael Fix, Immigration
Studies ProgramThe Urban Institute
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Most Children of Immigrants Are U.S.
CitizensJeffrey S. Passel Michael Fix,
Immigration Studies ProgramThe Urban Institute
Children by Parents Status (millions) Percent
U.S. Citizens, based on 2000 CPS
LPR Parents
Undocumented
Refugee Parents
7
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.

8
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)

10
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)
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The Big PictureYou Do NOT have to master all
these details, buthere 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 Picture6 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
  childrens 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 Picture6 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.

14
1

• Many Legal Immigrants are still eligible for
  benefits from federally-funded programs,
  including many programs the state administers.

15
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. citizenship
• NOTE 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 immigrants sponsor (and the sponsors
  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 sponsors 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
  immigrants own household (the sponsors 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
• 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 immigrants sponsor (for
  failure to support the immigrant) to the U.S.
  Attorney General, and share information about the
  sponsored immigrants 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 sponsors income
  counted if the sponsors 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.

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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.

21
Who's Eligible for What?(Qualified Immigrants)

• CHIP (Childrens 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).

22
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.

23
Pending Congressional ActionTANF, 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).

24
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)

25
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.

26
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.

27
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.

28
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.

29
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.

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U.S. Attorney GeneralsList 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 womens 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

31
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!

32
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.

33
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 [phone]
  can help locate an agency.
• Call CPPP if VAWA petitioners are having trouble
  with CHIP or Food Stamp applications.

34
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

35
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.

36
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 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.

37
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).

38
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 CHILDs 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.

39
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
  govts 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.

40
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.

41
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
  childrens rights.

42
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 childrens 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.

43
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.

44
4

• Reporting to CIS by agencies administering
  federal programs is only required in VERY RARE
  circumstances.
• Formerly INS

45
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.

46
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!

47
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.

48
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.

49
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.

50
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 QA published in
  English, Spanish and 5 other languages. See
  http//www.bcis.gov/graphics/publicaffairs/

51
What the Public Charge Guidance SaysHealth
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)

52
What the Public Charge Guidance SaysFood
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.

53
What the Public Charge Guidance SaysEmergency
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

54
What the Public Charge Guidance SaysTotal
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.

55
What the Public Charge Guidance SaysIf 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.

56
6 Immigrant families DO need to be informed
about situations that COULD cause them problems.
57
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.

58
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.

59
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.

60
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 immigrants U.S. citizen children,
  or by any other non-sponsored family members.

61
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

62
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.

63
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 immigrants 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.

64
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.

65
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.

66
Local Assistance for Immigrants

• Austin Political Asylum Project of Austin
  (PAPA) [phone] Catholic Charities of
  Central Texas [phone]
• Dallas Catholic Charities Immigration Counseling
  Services, [phone]
• El Paso Diocesan Migrant Refugee Services,
  1117 North Stanton,[phone] Las Américas,
  715 Myrtle, [phone] 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, [phone]
• Rio Grande Valley Proyecto Libertad (956)
  425-9552
• San Antonio Lawyers Committee for Civil Rights
  [phone]
• Other Areas in Texas Telephone Access to
  Justice 1-888-988-9996

67
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, [phone],
  dunkelberg_at_cppp.org, hagert_at_cppp.org
• Children's Defense Fund - Texas, Barbara Best,
  [phone], bbest_at_childrensdefense.org
• National Immigration Law Center
  http//www.nilc.org/