Government Benefits for Non-Citizens

1. Government Benefitsfor Non-Citizens March 2014 Laura Melnick SMRLS 651-894-6932 laura.melnick@smrls.org

2. Government Benefits for Non-Citizens 1.Welfare reform 2. Definitions: • qualified non-citizen • unqualified non-citizen • battered immigrant 3. Sponsor-deeming 4. “SAVE” 5.Reporting to USCIS 6.Public charge considerations 7.5-year bar 8.Federal cash & food benefits: a. SSI b. SNAP (food stamps)

3. 9.State & federal/state cash & food benefits a. cash & food: TANF – families (i)FSS(Family Stabilization Services) (ii)DWP(Diversionary Work) (iii)MFIP(MN Family Investment Program) (iv)WB(Work Participation Cash Benefits) b. cash: GA (General Assistance) c. cash:MSA(Minnesota Supplemental Assistance) d. emergency cash: EA(Emergency Assistance), andEGA (Emergency GA) e.non-need-based cash:UI(Unemployment Insurance) f. food MFAP(MN Food Assistance Program)

4. g.health care (i)MA(Medical Assistance) (ii) EMA(Emergency MA) (iii)MinnesotaCare 10.other benefits 11.considerations for mixed-status households 12.scenarios

5. 1. Welfare reform • enacted August 22, 1996 • replacedAFDC(family cash program) with “TANF” block grants to states • imposed lifetime limits on, and work requirements for, family cash assistance • eliminatedSSI&food stampeligibility for many non-citizens (“Restricting Welfare and Public Benefits for Aliens” provision) • required certain agencies to file reports with INS (now USCIS)

6. Post-1996 federal law changes(all helpful) IIRIRA - Illegal Immigration Reform & Immigrant Responsibility Act of 1996 • amended definition of “Qualified Alien”to include battered non-citizen. • (BUT– clarified that SSDI& retirement benefits not paid to anyone not “lawfully present” in US) BBA - Balanced Budget Act of 1997 • broadened eligibility for SSIbased on disability; • extendedSSI window for refugees, asylees to 7 years (from 5) • treatedAmerasianimmigrants as refugees; • broadened “qualified” definition to include certain Indians born in Canada; & • added surviving spouses to US vet exception.

7. 1998 Agricultural Research Act restored food stampeligibility to some groups of immigrants (those receiving disability benefits,≥ 65, < 18, Hmong/Laotian); also extendedfood stampwindow for refugees, asylees to 7 years (from 5). Farm Bill of 2002 significantly broadened eligibility for food stampsfor non-citizens beginning 2003 (allowed all “qualified” non-citizens to get food stamps5 years after arrival; eliminated 5-year wait for certain groups). SSI Extension for Elderly and Disabled Refugees Act of 2008 allowed certain humanitarian immigrants additional 2-3 years of SSI past their “window.”

8. 2. Definitionsfor eligibility for FEDERALbenefits: a. “QUALIFIED” NON-CITIZEN = • lawfully admitted for permanent residence under Immigration & Nationality Act (INA) • “refugee,” including Haitian, Cuban, & Amerasian • granted asylum or parol • granted conditional entry before 4/1/80 • deportation withheld or removal cancelled • granted T-Visa • “battered immigrant”

9. b. “UNQUALIFIED” NON-CITIZEN • expiredornodocumentation • pending application for adjustment, asylum, suspension of deportation, or cancellation of removal • lawful temporary resident under amnesty program • non-immigrant (temporary protected status, or student, visitor, or temporary worker visa) • U-visarecipient • Deferred Action for Childhood Arrival (DACA) grantee

10. c. “BATTERED IMMIGRANT”can qualify for range of federal & state-funded benefits but mustwait 5 yearsforSNAP,MA: • must have been battered or subjected to extreme cruelty in U.S. by U.S. citizen or LPR parent, spouse, or relative in same household, AND • must no longer livewith abuser, AND • need for benefits must be “substantially connected” to abuse, AND

11. applicant must either: • be spouse or child of U.S. citizenANDhave petitioned for adjustment of status under Violence against Women Act (VAWA); OR • be spouse or child of U.S. citizenORLPRANDhave petitioned for cancellation of removal under INA.

12. 3. Sponsor-deemingattribution of income from sponsor to immigrant can make immigrants COMPLETELY INELIGIBLE (financially) for almost all types of public assistance! Requirement stems from 1996 welfare reform law. • Began December 19, 1997with implementation of “Affidavit of Support” form (I-864). • I-864= legally bindingcontractbetween sponsor & immigrant, & between sponsor & government • Appliesonly to family-based immigrants &immigrants who come to US to work in family-owned business).

13. Deeming does NOT apply to:  refugees, asylees, parolees  diversity visa (visa lottery) recipients  Cuban/Haitian entrants  people granted Temporary Protected Status  children < 18 (forSNAP & MAonly)  pregnant women (MA& MinnesotaCare only)

14. How deeming works • 100% of income & assets of sponsor ANDsponsor’s spouse considered fully available to immigrant. (Less harsh deeming for SNAP). • Sponsor’s family size & fixed debts irrelevant. • Burden of proving sponsor has little income on immigrant applying for public assistance. • Income & assets deemed until: immigrant becomes U.S. citizen, works 10 years, or dies; ORsponsor dies. • Divorce from sponsor has no effect on deeming.

15. Whether deeming affects people other than sponsored immigrant varies by type of assistance program. • For most programs (including MA, GA,SSI, SNAP), income & assets deemed only to sponsored immigrant. • ForMinnesotaCare& forMFIP & other family cash programs, income deemed to all members of “assistance unit.”

16. 2 exceptions to deeming: • Indigence exception: • Sponsor-deeming will NOT apply if welfare agency determines that immigrant is without food & shelter as result of sponsor’s failure to support. • 12-month renewals available. • Government can sue sponsor for reimbursement. (Immigrant can sue sponsor, too, for non-support).

17. b. Battered spouse/child exception • Deeming will NOT apply if immigrant or child battered or subjected to extreme cruelty by spouse or parent, or by relative of spouse or parent in same household. • Immigrant can’t have participated in abuse of child. • Immigrant must show that battery or cruelty is substantially connectedto need for benefits. • Exception ends after 12 months, UNLESSbattery perpetrated by sponsor AND recognized in court order (OFP, etc.) OR USCIS determination. • Government can sue for reimbursement; immigrant can sue for non-support.

18. Deeming applies to: • cash programs: SSI, MSA, GA, MFIP, EA • food programs: SNAP for adults; MFAP • health care programs: MA, MinnesotaCare Deeming doesNOTapply to: • EMA(Emergency Medical Assistance) • MA & MinnesotaCarefor pregnant women & children • SNAP for children • Basic Sliding Fee child care • SSDI • UI

19. Special 3-year deeming for MFIP • 3-year deeming in state law forMFIPonly. • Less harsh & of shorter durationthan I-864 deeming. • Applies only to those who came to U.S. through means other thanrelative petition (such as diversity visa). • Does notaffect refugees orasylees. • Takes into account sponsor’s family size & support obligations.

20. 4.“SAVE”Systematic Alien Verification for Entitlements • Inter-agency governmental information-sharing program • Used to verify immigration status for public assistance & public housing • NOTused for reporting immigration status (or lack thereof) to Immigration

21. 5. Reporting to Immigrationrequirement stems from 1996 welfare reform & IIRIRA laws WHO IS REQUIRED TO REPORT?Only: …………………………………………… • agencies receiving “TANF” funds (in MN, that means county agencies administeringMFIP& DWP benefits) • Social Security Administration • public housing agencies contracting with HUD

22. WHAT MUST BE REPORTED? • names, addresses, & other “identifying information” ON • anyone worker “knows” is unlawfully in U.S.

23. Reporting in Minnesota protocols require that agencies: • report toMDHSrather than to Immigration • notverify status if not relevant to benefit being sought • stop inquiringabout status when applicants express unwillingness/inability to verify • interpret “knowledge” very narrowly • comply strictly with data privacy laws

24. 6. “Public charge” • Receiving/having dependents receive certain benefits may affectability to adjustto LPR status. • Benefits to be considered are: • cash benefits:MFIP,DWP,SSI,MSA,GA • long-term medical care (nursing home care) • Benefits not considered include health care, WIC, housing & energy assistance, & benefitsnot intended for income maintenance. • Receipt ofSNAP or state-funded food support not factor for public charge determinations.

25. 7. “5-year bar” • 5-year“bar”(waiting period) prevents some immigrants from receiving certain federalbenefits during first 5 years in “qualified” status. • Benefits potentially affected = SSI, SNAP, MA, &TANF (federally-funded MFIP & DWP). • During 5-year wait period, immigrants may receive state-funded benefitsif eligible for them (& such benefits exist).

26. BENEFITS! 8. Federal cash & food benefits: a. Supplemental Security Income (SSI)

27. Social Security administers 2 types of disability benefits: • SSI, for low-income, low-asset individuals. Recipients must be too disabled to work or ≥ 65. • SSDI, for people too disabled to work who meet earnings requirements by having paid into system via FICA wage deductions.

28. To qualify for SSI, non-citizen applicants must: • meet definition of “qualified” non-citizens under federal law; AND • meet certain residency requirements.

29. SSI residency issues:A. Immigrants lawfully residing in U.S. before welfare reform (8/22/96) • if onSSI on8/22/96, can keep gettingSSIas long as elderly or disabled. • if not on SSIon8/26/96,can getSSInow if: • “qualified”AND • disabled. • CannotgetSSIbased onage(≥ 65).

30. B. Immigrants arriving after welfare reform(coming to U.S. or adjusting to LPR status after8/22/96) • If “unqualified,”can’tgetSSI. • Even if “qualified,”probably can’tget SSI. 3 exceptions:

31. Exceptions to SSI ineligibility for those attaining “qualified” status after 8/22/96: 1)refugees, asylees, & those granted withholding: 7 yearwindow of eligibility (from date of grant of status). 2) U.S. veterans, active-duty members of U.S. armed forces, & spouses or minor children of vets & active duty members: no time limits,notsubjectto 5-year bar. Hmong soldiers who fought with the CIA in Vietnam War not considered “U.S. veterans.” 3)workers (or those credited with ≥ 40 work quarters): no time limits,but5-year bar applies.

32. Note about work exception: • Only work where FICA taxes deducted from pay counts toward 40-quarter requirement. • Quarters attributable fromspouse to spouse& fromparent to minor child. Minor children can carry parents’ quarters into adulthood. • Any quarters worked after 12/31/96 in which household received federal “need-based” benefits (AFDC, MFIP, SNAP, SSI, MA) do not count.

33. Sponsor-deeming & Social Security Because SSI is need-based, sponsor-deeming may preclude eligibility. Because SSDI is not need-based, sponsor-deeming does not apply.

34. b. SNAP • Except when sponsor-deeming applies, all “qualified” non-citizens potentially eligible for SNAP. • Applicants may have to wait 5yearsto get SNAP benefits (due to 5-year bar).

35. Groups that don’t have to wait 5 years to get SNAP: • refugees, asylees, & those grantedwithholding of deportation • U.S. veterans & active-duty members of U.S. armed forces (& spouses & unmarried dependents) • elderly immigrants who, as of 8/22/96, were “lawfully residing” AND≥ 65 • disabled (certified by State or SSA) • < 18 • Hmong or Highland Lao

36. 9. State (& federal/state) cash & food benefits “steps” toward citizenship • Most recipients of state-funded assistance must take “steps” toward obtaining citizenship. • Don’thave to take steps if: • legally residing in U.S.< 4 years • ≥ 70OR • living in nursing home, group home, or similar facility.

37. “Steps”toward citizenship “steps” = • taking citizenship, literacy, or ESL class • being on wait list for ESL or literacy class • having application for citizenship on file • applying for waiver of citizenship test requirements • failing citizenship test ≥ 2 times or being unable to understand rights & responsibilities of citizenship.

38. “Lawfully residing people” Some non-citizens not eligible for federal benefits may get state-funded benefits: • Lawful Temporary Residents • people with Temporary Protected Status (TPS) • applicants for asylum or withholding who have employment authorization • Spouses/children of U.S. citizens with approved visa petition or pendingapplication for adjustment to LPR • others permitted to stay in US for humanitarian or public policy reasons, including those with Deferred Enforced Departure [DED], deferred action, voluntary departure

39. Victims of Trafficking: T Visas • Victims of trafficking who have “T” visas eligible for both federalANDstate-funded benefits to extent that refugees eligible. • To qualify, T visa holders must get certification from Office of Refugee Resettlement (ORR).

40. Crime Victims: U Visas • U Visa is “non-immigrant” visa. Recipientsnot eligible for federally-funded benefits. • U Visa holders not eligible for state-fundedcash benefits. • U Visa holders are eligible for MinnesotaCare. • U Visa holders are eligible for state-funded food benefits (MFAP) if categorically eligible (i.e., ≥ 50).

41. DACA recipients • Those granted Deferred Action for Childhood Arrivals (DACA)notconsidered “lawfully residing” for MA(according to HHS). • DACArecipients shouldqualify for MinnesotaCare but don’t, according to MDHS. • DACA recipients are potentially eligible for EMA. • Probably not eligible for cash or food assistance.

42. cash & food: family cash benefits(i)FSS– Family Support Services(ii) DWP– Diversionary Work Program(iii)MFIP– MN Family Investment Program(iv) WB – Work Participation Cash Benefits • MFIP, DWP, FSS & WB = family cash assistance programs that have replaced AFDC. Some are funded with federal TANF $$; some are state-funded. Those ineligible for federally-funded benefits can get state-funded MFIP& DWP. • They provide cash (& sometimes cash AND food) assistance to families with minor children. Cash grants for MFIP, DWP& FSS very low: $437 for household of 2,$532for 3,$621for 4,$697for 5, etc.

43. FSS, DWP, MFIP & WB • Mostnon-citizens here lawfully & permanently eligible if categorically eligible, whether “qualified” or “unqualified” under federal law. • Certain non-citizens eligible only for state-funded benefits. (Eligibility depends on date of arrival in U.S. & immigration category). • If getting state-funded benefits, must take “steps”toward citizenship. • Newly-arrived (here < 1 year) exempt from DWP. (They get FSS 1st year here). • Sponsor-deeming may preclude eligibility.

44. MFIP & DWPwork plans & ESL Most MFIP recipients have to work, unless exempted. • Counties may allow non-English speakers to include ESL in job search & work plans IFspoken language proficiency level low enough on standardized testing. • MFIP recipients may fulfill only halfof work participation requirements through ESL, unless taking intensive functional work literacy. • MFIP & DWP recipients may include ESL in work plans for total of only 24 months (out of 60).

45. b. cash: General Assistance (GA) • GA= state-funded program for low-income, low-asset individuals not living with minor children. • GA also for minor children whose adult caregivers don’t qualify for MFIP due to relationship status. • GApays $203 per month for individual & $260 for married couple.

46. Immigrants residing lawfully & permanently in U.S. (or with pending application for adjustment) may getGAif meet other eligibility criteria. • If < 70 & here ≤ 4 years, must take steps toward citizenship. • Sponsor-deeming may preclude eligibility.

47. c. Cash: Minnesota Supplemental Assistance(MSA) • MSA = state supplement for recipients ofSSI(or those who would receiveSSIbut for excess income). AverageMSAsupplement = $81. • Purpose generally to ameliorate high housing costs. • Strict immigration requirements. If ineligible for SSI because of immigration status, ineligible for MSA. • SSI recipients living in “shared households” usually ineligibleforMSA. • Non-citizens must take “steps” toward citizenship, & sponsor-deeming may prevent eligibility.

48. d. cash: EA&EGA Emergency Assistance (EA) & Emergency GA (EGA) designed to prevent destitution, providing cash grants to resolve crises. • BothEA &EGA funded through block grants from State, so individual counties have great deal of discretion in determining eligibility & administering. • Lawfully- & permanently-residing residents eligible for EA&EGA to same extent (& subject to same limitations) as U.S. citizens. • Sponsor-deeming may preclude eligibility, but applicants may qualify for indigence exception.

49. e. non-need-based cash: Unemployment Insurance (UI) UIbenefits can be paid if worker was: • lawfully admitted for permanent residence at time of employment; • lawfully present for purposes of employment; OR • permanently residing in U.S. under color of law at time of employment. Work done before attaining legal status does not count toward earnings requirements. UIbenefits not need-based; therefore not subject to sponsor-deeming.

50. f. FoodMFAP– Minnesota Food Assistance Programcreated especially to provide food assistance tonon-citizens ineligible for Food Stamps (now SNAP) as result of welfare reform • Lawfully- & permanently-present non-citizens not on MFIP, in U.S. < 5 years, who may not be eligible forSNAP because of 5-year bar, may get MFAP. • Benefits available only to those≥ 50. • MFAP follows federal SNAP laws & regulations. • Recipients may be subject to sponsor-deeming.