Immigrants and Public Benefits in Nebraska

1
Immigrants and Public Benefits in Nebraska
Rebecca L. Gould, J.D.
Executive Director
2
Facts About Immigrants

• 85 of immigrant families with children live in
  mixed status families.
• Almost 43 of immigrants work at jobs paying less
  than 7.50 an hour, compared to 28 of all
  workers.
• Only 26 of immigrants have job-based health
  insurance.
• Only 13.2 percent of low-income non-citizens
  used Medicaid in 2001, compared with 33 of
  low-income citizens.
• Welfare does not drive migration patterns.
  Between 1995 and 2000, the number of immigrant
  families with children grew four times faster in
  states with the least generous safety nets for
  immigrants (such as Arkansas and Texas) than it
  did in states with more generous safety nets
  (such as California).

3
Immigrant Eligibility for Federal Public Benefits

• 1996 Welfare Reform The Personal Responsibility
  and Work Opportunity Reconciliation Act (PRWORA)
• Added substantial restrictions on the receipt of
  federal public benefits.
• Transferred to state and local governments
  authority to offer or deny eligibility to
  immigrants under some federal and state benefit
  programs.
• Prior to PRWORA undocumented immigrants were
  already ineligible for most federal public
  benefits. The brunt of the restrictions under
  PRWORA actually applied to lawfully present
  immigrants.
• However, over half of the states, including
  Nebraska, continue to spend state dollars to
  cover at least some of the immigrants who are
  ineligible for federally funded services.

4
Immigrant Eligibility for Federal Public Benefits

• Qualified vs. Not Qualified Immigrants
• Federal Public Benefits
• Verification
• The 5 Year Bar
• Sponsorship Deeming

5
Qualified vs. Not Qualified Immigrants

• PRWORA divided immigrants into two groups,
  Qualified and Not Qualified.
• Qualified Immigrants
• Lawful permanent residents (holders of green
  cards).
• Refugees Asylees.
• Persons granted withholding of deportation/removal
  .
• Conditional entrants Cuban Haitian entrants.
• Persons granted parole for a period of at least
  one year.
• Certain abused immigrants, their children, and/or
  their parents.
• Not Qualified Immigrants all other immigrants
  as well as many immigrants who do not have green
  cards but are lawfully present.

6
Federal Public Benefits

• PRWORA prohibits not qualified immigrants from
  enrolling in most federal public benefits
  programs.
• PRWORA does not clearly define federal public
  benefits, leaving it up to each federal agency
  to determine which of its programs meet the
  definition.
• (A) any grant, contract, loan, professional
  license, or commercial license provided by an
  agency of the U.S. or by appropriated funds of
  the U.S., and (B) any retirement, welfare, health
  , disability, public or assisted housing,
  postsecondary education, food assistance,
  unemployment, benefit, or any other similar
  benefit for which payments, or assistance are
  provided to an individual, household, or family
  eligibility unit by an agency of the U.S. or
  appropriated funds of the U.S.

7
Federal Public Benefits

• The Federal Department of Health and Human
  Services has designated the following as federal
  public benefits
• Medicaid, SCHIP (Kids Connection), Medicare
• TANF (ADC)
• Foster Care, Adoption Assistance
• Child Care
• LIHEAP

8
Federal Public Benefits

• Exceptions to the restrictions
• Emergency Medicaid
• Public Health Immunization and Communicable
  Disease Programs
• School Meal Programs WIC
• In-kind services to protect life or safety as
  long as there is no income requirement
• Child and adult protective services, weather
  emergency programs, homeless programs, shelters,
  soup kitchens, meals-on-wheels etc.

9
Verification

• For federal public benefits programs, States
  are required to verify all applicants
  immigration and citizenship status.
• Declaration under the pains and penalties of
  perjury
• Documentation requirements

10
The 5 Year Bar

• The 1996 laws barred most qualified immigrants
  who entered the U.S. on or after August 22, 1996
  from receiving federal means-tested public
  benefits during the first five years after they
  become qualified immigrants.
• Most qualified immigrants cannot receive federal
  public benefits for five years after becoming
  qualified.

11
The 5 Year Bar

• Federal means-tested public benefits are
• Supplemental Security Income (SSI)
• Food Stamps
• Medicaid (except emergency Medicaid)
• TANF (ADC)
• SCHIP (Kids Connection)

12
The 5 Year Bar

• Exempt from the 5 Year Bar
• Refugees
• Asylees
• People granted withholding of deportation/removal
• Cuban/Haitian entrants
• Amerasian immigrants
• Victims of trafficking
• Veterans
• Active duty military and their spouses and
  children

13
Special Rules for SSI and Food Stamps

• PRWORA imposed the harshest restrictions on the
  Food Stamp and SSI programs.
• SSI is not available to most qualified
  immigrants who came to the U.S. after 1996 and
  seniors without disabilities who were in the U.S.
  before 1996.
• Food Stamps
• Originally, most qualified immigrants were
  barred from the Food Stamp program.
• The 2002 farm bill restored food stamp
  eligibility to 3 groups of qualified immigrants.
• Those who have lived in the U.S. for at least 5
  years (5 year bar)
• Children regardless of their date of entry
• Persons receiving disability-related assistance
  regardless of their date of entry.

14
Sponsorship Deeming

• Under the 1996 laws, family members and some
  employers eligible to file a petition to help a
  person immigrate must become financial sponsors
  of the immigrant by signing a contract with the
  government called an affidavit of support.
• Enforceable Affidavit the sponsor promises to
  support the immigrant, maintaining them at 125
  of the federal poverty level, and to repay
  certain benefits that the immigrant may use.
• In some cases, the law requires the agency to
  deem the income of the immigrants sponsor or
  the sponsors spouse as available to the
  immigrant.
• The sponsors income and resources are added to
  the immigrants, which can take them over the
  income/resource guidelines for the program.

15
Sponsorship Deeming

• 1996 laws authorize deeming for approximately 10
  years (40 quarters of work) or longer for
• TANF (ADC)
• food stamps
• SSI
• Medicaid
• SCHIP (Kids Connection).

16
Sponsorship Deeming

• Nebraska (Neb. Rev. Stat. 68-1070).
• Requires sponsorship deeming in
• TANF (ADC)
• Food stamps
• Medicaid/SCHIP (Kids Connection)
• SSI

17
Sponsorship Deeming

• Exceptions to Sponsorship Deeming
• Domestic violence survivors.
• Immigrants who would go hungry or homeless
  without assistance.
• Can get benefits for 12 months without deeming.

18
Other Barriers to Assistance

• Sponsor Liability
• Public Charge
• Language Access
• Reporting Requirement to Department of Homeland
  Security
• Verification Procedures

19
Sponsor Liability

• Enforceable affidavits of support require
  sponsors to agree to maintain the immigrant at
  125 fpl and repay and means-tested benefits they
  may receive.
• Means-tested benefits are TANF (ADC), SSI, food
  stamps, non-emergency Medicaid, and SCHIP (Kids
  Connection).
• However, very few immigrants with enforceable
  affidavits of support are eligible for these
  programs.
• States have not attempted to pursue
  reimbursement.
• Concern over liability has deterred eligible
  immigrants from applying for benefits.

20
Public Charge

• The public charge provision allows immigration
  officials to deny applications for permanent
  residency if the authorities determine the
  intending immigrant is likely to become a public
  charge.
• In determining public charge they look at the
  totality of the circumstances, including an
  immigrants health, age, income, education and
  skills, and affidavits of support.
• The law on public charge did not change in 1996
  and the use of public benefits programs had never
  been a major factor in determinations of public
  charge.
• May 1999 guidance clarifies that receipt of
  health care and other non-cash benefits will not
  jeopardize the immigration status of recipients
  or other family members under public charge
  provisions.

21
Language Access

• Limited English Proficiency (LEP)
• 18 of the U.S. population speak a language other
  than English at home.
• 8 of the U.S. population do not speak English
  well.
• Title VI of the Civil Rights Act of 1964
• prohibits recipients of federal funds from
  discriminating on the basis of national origin.
  Failure to provide language services may be
  considered national origin discrimination.
• HHS is required under the guidance to provide
  interpretation to clients free of charge and to
  translate vital documents, including notices of
  action.

22
Reporting to Department of Homeland Security

• The 1996 laws contained a reporting requirement
  that agency officials report to HHS people whom
  the agency knows are not lawfully present in the
  U.S.
• Only applies to people who are applying for
  benefits, not relatives applying on their behalf.
• Only applies to three programs
• SSI, Public Housing, and TANF (ADC).
• No reporting unless there has been a formal
  determination, subject to administrative appeal,
  on a claim for benefits.
• The conclusion must also be supported by a
  determination by the immigration authorities such
  as a final order of deportation.

23
Reporting to Department of Homeland Security

• Things that do not trigger the reporting
  requirement
• HHS response to a SAVE computer inquiry
  indicating an immigrants status.
• Oral or written admission by applicants.
• Suspicions of agency workers.
• Agencies are not required to make determinations
  about immigration status that are not necessary
  to determine eligibility for benefits.

24
Verification Procedures

• There has been confusion over what information
  needs to be gathered and how it should be
  gathered. As a result, some forms ask questions
  that are not necessary for determining
  eligibility for programs.
• Agencies can and should use the Systematic Alien
  Verification for Entitlements (SAVE) program.
• Agencies should make financial and other
  eligibility determinations before asking the
  applicant for information about immigration
  status.
• Agencies should only seek information about the
  person applying for benefits, and not about other
  family members. Agencies should designate these
  family members as non-applicants.

25
Overview of Key Programs

• TANF (ADC)
• Medicaid/SCHIP (Kids Connection)
• Food Stamps
• Child Care
• SSI
• WIC
• LIHEAP
• Child Nutrition Programs
• Refugee Resettlement Assistance
• Earned Income Tax Credit (EITC)
• Legal Services

26
TANF (ADC)

• Temporary Assistance for Needy Families (TANF)
  called Aid to Dependent Children (ADC) in
  Nebraska.
• Provides monthly cash assistance to help families
  meet their basic needs.
• Adults are required to participate in Employment
  First, Nebraskas welfare to work program, doing
  40 hours a week of a work activity.
• Eligibility is at 46 of the federal poverty
  level.

27
TANF (ADC) Special Considerations for Immigrants

• Eligible children may receive TANF (ADC) even if
  their parents are ineligible.
• Eligibility can be affected by deeming.
• Will count the income and resources of the
  sponsor and the sponsors spouse if they are
  living together.
• Exception for those who have been subject to
  domestic violence amounting to extreme cruelty
  and it has been verified by a judge or
  administrative law judge.
• May be public charge consequences.

28
TANF (ADC) Special Considerations for Immigrants

• New citizenship documentation requirement.
• Is the same requirement applied to the Medicaid
  program.

29
Medicaid/SCHIP (Kids Connection)

• Provides health care coverage to low-income
  parents, children, pregnant women, seniors and
  people with disabilities.
• Payments are made directly to providers for
  medically necessary services.
• Eligibility varies based on age/situation.
• Low-income parents 46 fpl
• Children100-185 fpl
• Pregnant women 185 fpl
• Seniors100 fpl
• People with disabilities 100-250 fpl

30
Medicaid/SCHIP Special Considerations for
Immigrants

• Immigrants regardless of status are eligible for
  Emergency Medicaid if they meet the other
  eligibility requirements for the appropriate
  category.
• Emergency a medical condition (including labor
  and delivery) with acute symptoms that could
  place the patients health in serious jeopardy,
  result in serious impairment to bodily functions,
  or cause serious dysfunction of any bodily organ
  or part.

31
Medicaid/SCHIP Special Considerations for
Immigrants

• Eligible children can receive Medicaid even if
  their parents are ineligible for Medicaid based
  on their immigration status.
• Migrant workers can be considered residents of
  the state to meet the residency requirement.
• Eligibility may be affected by deeming.
• Medicaid does not carry public charge
  consequences.

32
New Medicaid Citizenship Documentation Requirement

• Passed as part of the Deficit Reduction Act of
  2005 (DRA). Goal was to address the myth that
  undocumented immigrants were fraudulently
  declaring citizenship to receive Medicaid.
• Requires certain Medicaid recipients to document
  their citizenship and identity.
• Medicare and SSI recipients and title IV-E foster
  kids are exempt from this requirement.

33
Food Stamps

• Provides a monthly allotment of money on an
  Electronic Benefits Transfer (EBT) card, which is
  similar to a debit card.
• EBT cards can only be used to purchase food
  products, not alcohol, tobacco, or paper
  products.
• Income eligibility is 130 fpl.
• Able bodied adults must participate in 30 hours a
  week of a work activity.

34
Food Stamps Special Considerations for
Immigrants

• Eligible children can receive food stamps even if
  their parents are ineligible for food stamps
  based on their immigration status.
• Eligibility may be affected deeming.
• Sponsors income and resources are counted. The
  spouse of the sponsors income and resources are
  only counted if the spouse signed the affidavit
  of support.
• Populations exempt from deeming
• People sponsored by an organization or employer
• People participating in their sponsors food stamp
  household
• Children age 17 or younger
• Indigent immigrants
• Battered spouse or child
• Ineligible or disqualified household members.
• Food stamps do not carry public charge
  consequences.

35
Child Care

• Pays child care providers for part or all of a
  households child care expenses each month.
• Provided to children under age 13, or under age
  19 if the child is disabled.
• Parents must be participating in a work activity
  during the time care is provided.
• Eligibility is at 120 fpl or 185 fpl for
  transitional child care.

36
Child Care Special Considerations for Immigrants

• Eligible for Child Care Development Fund (CCDF)
  child care in Nebraska
• Qualified immigrant children.
• All immigrants regardless of status when
• Child care is provided in settings subject to
  public educational standards, including public or
  private pre-kindergarten or public and private
  child care provided after school or during school
  holidays.
• Child care is subject to Head Start performance
  standards.
• Eligibility for child care services is determined
  by a nonprofit charitable organization.
• Not eligible for CCDF child care in Nebraska
• Not qualified immigrants.

37
Child Care Special Considerations for Immigrants

• Child care assistance does not carry public
  charge consequences.
• Child care providers who take children receiving
  child care assistance may be required to provide
  an employer tax identification number or Social
  Security Number.

38
Supplemental Security Income (SSI)

• Monthly cash check to folks who are
• 65 or older.
• Blind.
• Disabled adults (physical/mental impairment
  expected to last at least 12 months or to result
  in death and prevents substantial gainful
  activity.)
• Disabled children (physical/mental impairment
  expected to last at least 12 months or to result
  in death and result in marked and severe
  functional limitations.)

39
SSI Special Considerations for Immigrants

• Receipt of SSI may have public charge
  consequences.
• Eligibility may be affected by deeming.
• Parents ineligible for SSI based on immigration
  status may receive SSI on behalf of an eligible
  child.
• Parents who do not have a SSN may still apply to
  become a disabled childs representative payee.
• For immigrants 65 or older, their age,
  impairments associated with advanced age,
  illiteracy, or inability to communicate in
  English are weighed in the disability
  determination for immigrants over 72, any
  medically determinable impairments are considered
  severe.

40
Special Supplemental Nutrition Program for Women,
Infants and Children (WIC)

• Provides food vouchers, nutrition education, and
  access to health care for low-income pregnant
  women, new mothers, infants, and children under
  five years of age who are at nutritional risk.
• Food vouchers can be used for milk, infant
  formula, juice, cereal, cheese, and eggs.
• Income eligibility is 185 fpl.
• All immigrants regardless of status are eligible.

41
Low Income Home Energy Assistance Program (LIHEAP)

• Heating and cooling assistance payments to help
  offset costs.
• Crisis energy assistance to cover unpaid
  bills/prevent shut offs.
• Weatherization such as insulation, weather
  sealants, and other energy related home repairs.
• Eligibility at 116 fpl.

42
LIHEAP Special Considerations for Immigrants

• Eligible for Heating, Cooling, and Crisis
  assistance in Nebraska
• Qualified immigrants.
• Eligible for LIHEAP Weatherization
• Single-Unit Dwellings
• Qualified immigrants.
• Multi-Unit Dwellings
• Families living in multi-unit dwellings are
  eligible without regard to the immigration status
  of the inhabitants.

43
Child Nutrition Programs

• Free or reduced price meals or snacks to children
  in schools, child care centers, family child care
  homes, residential institutions, summer day
  camps, and after school programs.
• School Lunch and Breakfast Programs, Child and
  Adult Care Food Programs (CACFP), Summer Food
  Program.
• Income Eligibility 130 fpl for free meals, 185
  fpl for reduce priced meals.

44
Child Nutrition Programs Special Considerations
for Immigrants

• Eligible for Child Nutrition Programs in
  Nebraska
• All immigrants regardless of status.
• The family may be required to fill out a
  financial application to participate in school
  meal programs. The form may ask for a Social
  Security Number but the applicant can just write
  none in the blank.

45
Refugee Resettlement Assistance

• Newly arrived refugees are eligible for all
  public assistance programs offered by HHS. If
  refugees are determined ineligible for public
  assistance programs, eligibility will be
  determined for the following funds, which are
  made available for the first eight months after
  arrival in the United States
• Refugee Resettlement Program (RRP) Also known
  as Refugee Cash Assistance (RCA). Cash payments
  to low-income refugees who are ineligible for
  TANF (ADC), SSI, or similar programs for seniors
  and persons with disabilities
• Refugee Medical Assistance Program (RMAP)
  Medical assistance to low-income refugees
  ineligible for Medicaid and/or SCHIP (Kids
  Connection)

46
Refugee Resettlement Assistance Special
Considerations for Immigrants

• Eligible for Refugee Resettlement Assistance in
  Nebraska
• Refugee categories refugees, asylees, Amerasian
  immigrant, Cuban/Haitian entrant, or immigrants
  paroled as refugees or asylees.
• Victims of trafficking.

47
Refugee Resettlement Assistance Special
Considerations for Immigrants

• Refugees and most other immigrants eligible for
  RRP/RCA are not subject to public charge
  inquiries. However, RRP/RCA may have public
  charge consequences for those subject to public
  charge inquiries.

48
Earned Income Tax Credit

• Federal tax credit available to low income
  workers including workers whose earnings were too
  small to have been taxable.
• The amount varies based on income and the number
  of children in the household.
• Advanced EITC payments may be available to some
  individuals.
• Available to full and part-time workers who claim
  the credit on their federal tax return (even if
  they did not have enough earnings to be required
  to file a return) and have low to moderate income
  and support a qualifying child or are between
  the ages of 25 and 64 with very low income.
• Those eligible for the federal EITC are also
  eligible for Nebraskas state EITC that pays an
  additional 10 of the amount paid by the federal
  EITC.

49
EITC Special Considerations for Immigrants

• Eligible for the federal EITC and Nebraska EITC
• Immigrants with SSNs valid for work.
• Each person listed on the schedule EITC must have
  a valid SSN for work purposes.
• ITIN numbers and non-work SSNs will not satisfy
  this requirement.
• Workers and qualifying children must have lived
  together in the U.S. for at least 6 months in a
  given tax year (or for at least 12 months for
  foster children).
• The workers main home must be in the U.S.

50
Legal Services (Legal Aid)

• Legal Services Corporation (LSC) provides grants
  to legal service programs to give free legal
  services to low-income clients in non-criminal
  matters such as public benefits, housing,
  consumer issues, employment, education, and
  family law.
• Income eligibility depends on the legal issue.

51
Legal Services Special Considerations for
Immigrants

• Eligible immigrants in Nebraska
• Lawful permanent residents
• Refugees, asylees, persons granted withholding of
  removal/deportation.
• Victims of trafficking.
• Conditional entrants.
• Immigrants who have filed an application for
  adjustment of status.
• Special Agricultural Workers.
• Nonimmigrant agricultural laborers (H2A workers)
• Certain American Indians born outside the U.S.
• Foreign Nationals
• Certain victims of domestic violence regardless
  of their status.

52
Nebraska Appleseed Center for Law in the Public
Interest
Questions?
Rebecca L. Gould, JD 941 O Street, Suite 105
Lincoln, NE 68508 [phone]
1-800-845-3746
wdpp_at_neappleseed.org www.NeAppleseed.org
Sowing the Seeds of Justice since 1996.