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Safety Net Income & Food for Immigrant-headed Households

Basic Benefits Training, March 2013

Patricia Baker, Mass Law Reform Institute

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Common Barriers to Accessing Benefits

Fear of government Misinformation about eligibility rules Fear of “public charge” Limited English, lack of interpreter

services Unfair treatment based on national

origin Fear of state contacting feds/sponsor

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Key Eligibility Questions to Ask Immigrant Clients

1. Current immigration status?2. HOW did client get status?3. Date of physical entry to US4. Date of legal “entry” in status? 5. Was client sponsored (affects SSI) and

type of affidavit of support?6. If LPR, any U.S. work history (of client,

spouse, parents before age 18)?

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Review of federally “qualified”

Legal permanent resident (LPR) Humanitarian Parolee (min. of 1 year) Refugee Granted Political Asylum Granted Withholding of Deportation Cuban/Haitian entrant Domestic violence victim, parent/child Victim of trafficking

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Also “Qualified” Immigrants

Border Native American Indians born outside United States (e.g. Canada)

Hmong or Highland Laotian tribe members and certain dependents AND

US veterans or military service members, and their dependents who are “lawfully present”

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Cuban/Haitian Entrants as “qualified aliens”

Nationals of Cuba or Haiti* who were: Granted as “Cuban/Haitian Entrant (status

pending)” Paroled into U.S after 10/1/1980 Asylum application pending In removal, deportation or exclusion proceedings

(no final, non-appealable order issued) Under “Order of Supervision” ….. or LPR who got status through special federal laws*

* Does NOT include Haitians granted TPS status unless Haitian previously had humanitarian parole or pending asylum

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VAWA or Battered Immigrants as “qualified aliens”

Battered by spouse or parents in the US No longer living with batterer and Immigrant has either an approved or

pending petition for: LPR status based on relative petition (I-130) VAWA self-petition (I-360) OR Suspension of deportation, cancellation

Immigrant is minor child of above immigrant

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Five Year Bar Exceptions

Regardless of current LPR status, the 5 year bar does NOT apply to immigrants granted these statuses:

Asylee Cuban-Haitian entrant Certain Amerasians (born in Vietnam) Refugee Deportation withheld Certain American Indians (e.g. born in Canada) Veteran/Active duty & spouse/child Trafficking victims Iraqi and Afghan Special Immigrant Visa LPRs

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Don’t confuse 5-year rule!

In TAFDC, 5 year rule applies only to legal permanent residents & paroled

In SSI & SNAP programs, 5 year rule also applies to battered immigrants

5 year rule does NOT apply to other “qualified” like refugees, even if now LPRs

“Non-qualified” like TPS or U visas do not become “qualified” or eligible for benefits just because they’ve been here 5 years

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TAFDC for LPRs & Parolees

Five year wait applies to both children and adults unless:

LPR with 40 Q countable work history (own work, spousal or of parents),

LPR/parolee meets VAWA or battered immigrant criteria, OR

LPR/parolee was physically present in US as of 8-22-96 and “continuously present.”

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TAFDC for Battered Immigrants

TAFDC eligibility for adult and children without 5 year wait

DTA will accept self-declaration as temporary verification of battered status if documents lost/stolen

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SNAP for LPRs, Parolees and Battered Immigrants

NO 5 year wait for children Exceptions for adults –

LPR with 40 Q of work history. Receiving disability-based benefit such as

EAEDC, MA-DA, TAFDC/disabled parent Is a lawfully residing veteran/dependent Special rules for elder LPRs with disabilities

For battered, count from date of filing for adjustment or VAWA petition

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Exercise #1 Marie Baptiste is 38 years and comes from

Haiti. She has an employment authorization card with the code A-12 on it, but is not sure what her legal status is. She works part time but also struggles with diabetes. Can she get SNAP?

You learn that Marie first came after the January 2010 earthquake, granted Humanitarian Parole. How does that change her eligibility?

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Exercise #2

Thelma O’Neill and her 3 year old son came from Ireland 2 years ago. Her US cit husband started the LPR paperwork but he dropped the case once they separated. She left him after he hit her.

Is she eligible for SNAP and TAFDC?

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EAEDC Cash Benefit for Immigrants

LPRs, parolees, battered (no 5 year wait) Refugees, Asylees, Cuban/Haitians, etc Immigrants “permanently residing under

color of law” or PRUCOL – two prong test: USCIS aware of presence in US (e.g. work

authorization, pending application), and No effort underway by USCIS to deport.

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Examples of PRUCOL Temporary Protected Status (TPS) Applicants for asylum Pending a relative/employer petition U visa (victim of violence) and some of the

other “non-immigrant” visa statuses Living in U.S. since Jan. 1, 1972 (Register) Living under order of supervision Other statuses where immigrant is “known

to USCIS” but not being deported

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“Qualified Aliens” and SSI “Refugee” group get 7 years SSI from

“entry” unless 2 year extension Immigrants receiving SSI as of 8/22/96 Immigrants in U.S. on 8/22/96 and 65+ Disabled LPRs who:

were “lawfully present” as of 8/22/96 and currently “qualified aliens”

LPRs who have 40 Q work history Certain Veterans “lawfully residing” and

their dependents

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40 Quarters work history - Why it’s important:

Establishes SSI eligibility for “refugee group” after 7-9 years and non-refugee LPRs (after 5 years in LPR status)

Jumps 5 year bar for LPRs subject to rule under FS/SNAP and TAFDC

Ends sponsor legal obligation to support and sponsor deeming in programs with deeming

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40 Quarters of Work History – What work counts?

40 quarters is approximately 10 years of work

Can get credit for spouse’s quarters (earned during marriage) and for parent’s quarters (earned before LPR was 18 years old, including before birth)

But NO credit for quarters on/after 1997 in which LPR or worker received Medicaid, SSI, food stamps, TANF or SCHIP

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Exercise #3

Mrs. Pappas is 67, came from Greece 6 years ago with a green card via a relative petition (by her US citizen husband). She asks you about getting SSI or EAEDC cash assistance.

Can she get EAEDC and what do you need to ask her to figure out if she qualifies for SSI?

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Exercise #4

Sam Wong is 52. He came to the U.S. as a visiting scholar in 1995 and stayed on. He became a permanent resident 2 years ago. He recently suffered a stroke and is disabled. He has run out of assets and income.

Is he “qualified”? Is he eligible for SSI?

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Mixed Immigrant Status

Important to know: Immigrant’s Right to “Opt Out” and How DTA benefits are calculated for

“mixed households”

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Right to “Opt Out” Can “exclude” ineligible immigrant member in

SNAP or TAFDC application

SSN/immigration status not required for excluded member – but HH benefits lower

Ineligible immigrant must report own income and assets even if excluded

HH may get higher benefits for eligible members if immigrant has legal status (including PRUCOL) and provides proof

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Treatment of Income in “Mixed” status households

For SNAP: If legally present immigrants ineligible or “opts

out” – favorable income calc maximize SNAP for HH.

If undocumented or unwilling to provide proof of status - unfavorable SNAP “sanction” calc of immigrant’s income, lower SNAP for HH

For TAFDC: Whether undocumented or legal ineligible -

income above one-person TAFDC amount for parent (e.g. $388) “deemed” to kids grant

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Example #5

Juana Ramos is 40 years old and her two children, born in the US. Juana has TPS and works part time.

Does she or her kids qualify for TAFDC? Do they qualify for SNAP?

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Mixed SNAP Calc:Legally present –ineligible parent:

STEP 1: Determine max FS/SNAP benefits for entire HH with all income.

STEP 2: Determine max benefits for JUST eligible members - exclude immigrant as HH member and exclude all immigrant’s income.

STEP 3: HH gets the lesser of the two – but more than if in sanction calc.

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Mixed SNAP Calc for undocumented parent:

STEP 1: Determine max FS/SNAP benefits for entire household excluding immigrant in HH size but including immigrant’s income

STEP 2: Family gets lower benefits as if immigrant did not exist, but all their income is counted as available.

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Example #6 Juana Ramos is 40 years old and her

two children, born in the US. Juana is undocumented but she works full time caring for children.

How many HH members get SNAP? How is Juana’s income counted for the

SNAP benefits?

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Who’s NOT Eligible for ANY DTA/SSA Cash or SNAP Benefits?

Undocumented immigrants Under final order of deportation Certain “non-immigrants” (tourists,

students, business)

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Key programs without immigrant restrictions School Lunch and Breakfast Women, Infant and Children nutrition

services Summer Food Service and Elder feeding

programs Food bank and emergency feeding

programs Short-term non-cash disaster relief Health safety-net programs Programs delivered at the community level, that

are not conditioned on income or resources and necessary to protect life or safety

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Other Issues Affecting Immigrants Seeking Benefits

Verification of status SSN requirements Sponsor deeming “Reporting” of immigrants to DHS “Public charge” consequences of

benefit receipt

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Verification of status

Must show documents when applying – such as I-551 “green card”, I-688 work authorization, I-94 arrival/departure or other documents

Most state and federal agencies use “SAVE” system to confirm status

Secondary verification process used if immigration status not confirmed in SAVE – takes more time

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Systematic Alien Verification for Entitlements (SAVE)

Required for SNAP, TAFDC, EAEDC, SSI Computerized immigration status check

between DTA, RMV, SSA and USCIS Three step verification process by state

agency, depending on response Client right to challenge SAVE info FS/SNAP and TAFDC paid pending SAVE

check if no initial confirmed response

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Social Security Number (SSN)

Required for persons seeking all benefits -SSI, SNAP, TAFDC, EAEDC, MassHealth

All adults and children must provide SSN or apply for one with SSA.

Not required for immigrants not seeking benefits for themselves (“opt out”)

Never give tax ID (ITEN) as an SSN DTA confirms SSNs and pending SSNs

through SDX (SSA’s state data exchange)

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State Agency Reporting to DHS?

Information provided to DTA is PRIVATE, cannot be shared unless client permission

DTA cannot insist on immigrant status info if not applying, NO fishing expeditions!

DTA allowed to “report” to DHS only when immigrant is “known to be unlawfully present” – Immigrant has applied for cash or FS for self Immigrant is under a Final Order of Deportation AND immigrant SHOWS proof of this

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Public Charge and Benefits

“Public charge” - USCIS term for immigrants who might become dependent on public benefits

Test of immigrant’s ability to support himself, based on six factors: age, health, income, family size, education and skill

Non-cash benefits (SNAP, MassHealth, WIC, fuel-assistance) – not trigger public charge

Cash assistance and long-term care may trigger public charge

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Public Charge and Benefits Public charge issue may surface when -

Immigrant in LPR adjustment process LPRs leave country for more than 6 months and

seek reentry to U.S.

Public charge should NOT surface, even if seeking green card or reentry: Refugee group LPRS applying for U.S. citizenship Special immigrant juveniles Battered immigrant/ VAWA Petitioners Others (consult with immigration specialist)

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For more information

Mass Immigrant and Refugee Advocacy Coalition: www.miracoalition.org, 617/350-5480

Mass Legal Services website: www.masslegalservices.org

Mass Law Reform Institute: www.mlri.org National Immigration Law Center www.nilc.org Greater Boston Legal Service www.gbls.org National Immigration Forum:

www.immigrationforum.org Dept of Homeland Security www.uscis.gov USDA SNAP Non-Citizen Guidance: http://www.fns.usda.gov/snap/government/pdf/Non-Citizen_Guidance_063011.pdf