The Challenges of Serving Undocumented and Immigrant Families

Transcription

1 The Challenges of Serving Undocumented and Immigrant Families A Guide for Case Managers at the Siemer Institute for Family Stability Wednesday April 22, :00pm 3:30pm EST

2 Presented by: Siemer Institute for Family Stability and the Sargent Shriver National Center on Poverty Law

3 Webinar Presenters Stephanie Altman Assistant Director of Health Care Justice Sargent Shriver National Center on Poverty Law Bio: Stephani Becker Senior Policy Specialist Sargent Shriver National Center on Poverty Law Bio:

4 Agenda for the webinar Overview of Immigrant Eligibility Categories Eligibility for Public Benefits Programs Resources for Undocumented Non-Citizens Impact on Immigration Status Resources and Referrals Questions 4

5 OVERVIEW OF IMMIGRANT ELIGIBILITY CATEGORIES

6 Introduction Foreign-born population of United States: 40 million or 13% in % of children who have foreign-born parents are born here in the US and are citizens. Immigrant families are disproportionately likely to have low incomes. Immigrant families may meet income eligibility criteria for federal benefit programs but they are less likely than other families to access them because they think they are not eligible or are afraid of applying for benefits. 6

7 Welfare Reform and Immigrants 1996: Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA), or welfare reform was passed. PRWORA: Set limits on how states could use federal funding to provide benefits to different categories of immigrants. Divided immigrants into two main categories of benefits eligibility: qualified and nonqualified. 7

8 Definition of Qualified Immigrant Lawful permanent residents (LPRs) "Green Card Holder." Refugees Persons granted conditional entry (before April 1, 1980) Asylees Persons granted withholding of deportation or removal Cuban and Haitian entrants Paroled into the US Battered spouses and children (with a pending or approved spousal visa or a self-petition for relief under the Violence Against Women Act) Victims of severe human trafficking 8

9 5 Year Ban or Waiting Period Qualified Immigrants If you came to the U.S. after 1996, you have limited eligibility during your first five years (called the five year bar) Generally, you are only eligible for federally-funded public benefits AFTER these first five years PLUS you have to live in a state that chose to provide the benefits to immigrants. Some Exemptions to 5-year ban: Humanitarian grounds Military Adults w/work (SNAP only) Children (SNAP only) 9

10 Definition of Non-Qualified Immigrant All other immigrants, including undocumented immigrants, as well as many persons lawfully present in the U.S., are considered not qualified. Immigrants who do not fall under the qualified immigrant groups, including immigrants formerly considered permanently residing under color of law (PRUCOLs), persons with temporary protected status, asylum applicants, other lawfully present immigrants (such as students and tourists), and unauthorized ( undocumented ) immigrants. 10

11 Undocumented Persons Undocumented is not an official immigration category. It generally refers to someone who does not have legal status to reside in the United States. As mentioned before, however, there are people who are documented but are still not eligible for public benefits. 11

12 State Flexibility States can decide: Whether to provide TANF (cash benefit) and/or Medicaid to qualified immigrants after the five-year ban. Whether to provide Medicaid and CHIP (healthcare for children who have higher incomes than Medicaid) to children and pregnant women during the five year ban. Whether to use state funds only to provide benefits to qualified immigrants during the five year ban, or to assist nonqualified immigrants. 12

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15 State Differences Because States have some choices in providing benefits to certain groups of immigrants, the eligibility rules can be different state by state for some coverage categories. We are generally going to cover the national rules in this webinar but we will give you state specific information in the resources and follow-up after the training. 15

16 IMMIGRANT ELIGIBILITY FOR PUBLIC BENEFIT PROGRAMS

17 Major Federal Public Benefits Programs Health Insurance Medicaid Children s Health Insurance Program (CHIP) Medicare ACA Health Insurance Marketplaces Temporary Assistance for Needy Families (TANF) Supplemental Nutrition Assistance Program (SNAP - formerly the Food Stamp Program) Housing Assistance 17

18 General Medicaid Eligibility Who is eligible for Medicaid and CHIP? Qualified immigrants who entered the U.S. before 8/22/1996. Qualified immigrants at the end of a 5-year waiting period (e.g. lawful permanent residents or green card holders ) Qualified immigrants exempt from the 5-year waiting period (e.g. refugees, asylees, Cuban/Haitian entrants, trafficking victims, veteran families) 18

19 State Flexibility to Expand Beyond General Medicaid Eligibility Federally funded Medicaid/CHIP Options: States have the option to cover children and/or pregnant women: Who are lawfully present and otherwise eligible Without a 5-year waiting period Regardless of date of entry into the U.S. 29 states have taken up this option, State-Funded Options: States can cover additional immigrants with state-only funds. 19

20 Emergency Medicaid Defined as limited services related to an emergency medical condition. Available to people who meet all the other state Medicaid eligibility requirements except for citizenship or immigration status, including: Qualified immigrants who are in the five-year ban Lawfully present but not qualified immigrants, such as nonimmigrant visa holders (e.g. students, temporary workers, etc.), Temporary Protected Status (TPS) and many others Undocumented immigrants 20

21 Affordable Care Act (ACA) The ACA or Obamacare passed in 2010 and changed the picture for some of the immigrants living in the United States opening up more opportunities to get health insurance coverage. The ACA expanded Medicaid in many states as well but it did not change the categories of immigrants who can or cannot qualify. 21

22 Two Major New Coverage Available Under the ACA Medicaid expansion (at state option) To any individual (subject to the federal immigrant eligibility restrictions on the previous slides) with a household income at or below 138% FPL. Option to purchase private health insurance plan on the ACA marketplaces with financial help in the form of advanced premium tax credit and cost sharing reductions (depending on income). 22

23 Medicaid or Marketplace? Generally if you are eligible for Medicaid you cannot enroll in the Marketplace and buy private insurance and get financial help in the form of tax credits. Many lawfully residing immigrants are low income but not eligible for Medicaid due to their immigration status; but they can enroll in the Marketplace and buy insurance with financial help. 23

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25 Immigrants Who Can Enroll in ACA Marketplaces All Qualified Immigrants LPRs (with no waiting period) Individual with Non-immigrant Status (includes worker visas, student visas, and citizens of Micronesia, the Marshall Islands, and Palau) Temporary Protected Status (TPS) Deferred Enforced Departure (DED) Deferred Action Status NOTE: (Deferred Action for Childhood Arrivals (DACA) is not an eligible immigration status for applying for health insurance) Lawful Temporary Resident Administrative order staying removal issued by the Department of Homeland Security Member of a federally-recognized Indian tribe or American Indian Born in Canada Resident of American Samoa Applicants for any of these statuses qualify to use ACA Marketplace: Temporary Protected Status with Employment Authorization; Special Immigrant Juvenile Status; Victim of Trafficking Visa; Adjustment to LPR Status; Asylum*; Withholding of Deportation, or Withholding of Removal, under the immigration laws or under the Convention against Torture (CAT) *NOTE: Applicants for asylum are eligible for Marketplace coverage only if they ve been granted employment authorization or are under the age of 14 and have had an application pending for at least 180 days. 25 Full List of Marketplace Eligible Immigrants:

26 Lawfully Present Immigrant Seniors Medicare has different rules qualifying work history and immigration status restrictions Some lawfully present seniors (over age 65), including LPRS, may not be eligible for Premium Free Medicare because they lack qualifying work history. Some LPRs may be eligible only for Premium Buy-in Medicare. Lawfully present seniors who are not eligible for Premium Free Medicare ARE eligible for premium tax credits in the Marketplace. 26

27 Temporary Assistance for Needy Families (TANF) Provides cash assistance to pregnant moms and families with children 18 and under. States have a lot of flexibility to design their TANF programs. Federal law bars states from using federal TANF dollars to assist most legal immigrants until they have been in the U.S. for at least five years. Applies to cash assistance, work supports such as child care, transportation, and job training too. States can choose to provide benefits to recent immigrants who are subject to the five-year bar, but fewer than half do so. States can also choose to provide TANF to legal immigrants not subject the fiveyear bar (because they arrived before the 1996 law or have been in the country for at least five years) and nearly all states do. 27

28 The Supplemental Nutrition Assistance Program (SNAP) formerly known as the Food Stamp Program The average SNAP recipient received about $125 a month (or about $4.17 a day) in FY2014. SNAP cannot be used to purchase alcoholic beverages, cigarettes, vitamin supplements, non-food grocery items such as household supplies, diapers or hot foods. Under federal rules, before even considering immigration status, to qualify for SNAP benefits, a household must meet three criteria (states do have flexibility to adjust limits): 1. Gross monthly income generally must be at or below 130% FPL, or $2,144 (about $25,700 a year) for a three-person family in fiscal year Households with an elderly or disabled member need not meet this limit. 2. Net monthly income, or income after deductions are applied for items such as high housing costs and child care, must be less than or equal to the poverty line (about $19,800 a year or $1,650 a month for a three-person family in fiscal year 2015). 3. Assets must fall below certain limits: in fiscal year 2015 the limits are $2,250 for households without an elderly or disabled member and $3,250 for those with an elderly or disabled member. 28

29 Qualified Immigrants Who Are Eligible for SNAP 29 Source: USDA, June 2011

30 Eligible Immigration Status PLUS One Additional Condition Only one of the following conditions need to be met: 30 Source: USDA, June 2011

31 Eligible immigrants who do NOT need to meet an additional condition: 31 Source: USDA, June 2011

32 Overview of Non-citizen SNAP Eligibility 32 Source: USDA, June 2011

33 Non-citizens who are INELIGIBLE for SNAP Students and H-1B Visa workers Undocumented non-citizens Individuals granted Temporary Protected Status (TPS) Citizens of nations under Compact of Free Association Agreements Most individuals present in the U.S. with a U Visa Note: If there is a household member who is ineligible because of immigration status, all household members are NOT automatically ineligible. 33 Source: USDA, June 2011

34 Federal Housing Assistance The Department of Housing and Urban Development (HUD) oversees three major programs: 1. Housing Choice Vouchers: 75%of new households admitted each year must be extremely low-income, with incomes not exceeding 30% of the local median or the poverty line, whichever is higher. Other new households may have incomes up to 80% of the area median. Housing agencies may set admissions preferences based on housing need or other criteria. 2. Section 8 Project-Based Rental Assistance: A family must be low-income meaning that its income may not exceed 80% of the local median income in order to move into Section 8 PBRA housing. 3. Public Housing: A family must be low-income in order to move into public housing. At least 40% of the new families that an agency admits each year must be extremely low-income. 34

35 Federal Housing Assistance: Immigrant Eligibility Citizens: A citizen born in the United States; A naturalized citizen; Qualified Immigrants: A lawful permanent resident, A registry immigrant (admitted for permanent residence by the U.S. Attorney General and eligible for citizenship), A refugee or an asylee, A conditional entrant, A parolee, A withholding grantee, A person granted 1986 amnesty status, A resident of the Marshall Islands, Micronesia, Palau, or Guam, If one member of your household fits into any of the categories above, your whole family can apply to all of the federal restricted programs. This person does not have to be the head of household and only the person who is eligible must provide a SSN. A victim of trafficking or relatives of such a victim. 35

36 How does a federally-funded housing program that restricts eligibility to U.S. citizens and eligible immigrants figure out rent? It depends on the immigration status of the various family members. If everyone in the family is a U.S. citizen or an "eligible immigrant:" It depends on the program. Some programs, such as the Low Income Housing Tax Credit, charge all tenants in subsidized units the same rent amount regardless of income. HUD-funded housing programs generally base the rent amount on household income. When all members of the family are U.S. citizens or "eligible immigrants," families in these programs generally pay about 30% of their total income toward rent. If at least one person in the family is NOT a U.S. citizen or an "eligible immigrant (called a "mixed family"):" the rent will be higher than if all members were eligible. The landlord prorates, or figures out proportionately, the rent based on the number of citizens or "eligible immigrants" in the household. If no one in the family is a U.S. citizen or "eligible immigrant" by the 1-year anniversary date: Federally-funded housing assistance will be cut off. The family will get a certain deadline to leave their housing program. 36

37 Child Care Assistance Programs Generally funded through the Child Care and Development Block Grant (CCDBG) and the Temporary Assistance for Needy Families (TANF) block grant. the Temporary Assistance for Needy Families (TANF) block grant Each have differing rules regarding immigrant eligibility. Providers of child care assistance may be required to verify the immigration and citizenship status of potential recipients based on the guidelines established by the federal government. Note: all programs that receive federal funds are required to comply with Title VI of the Civil Rights Act of Source: CLASP

38 CCDBG Funded Child Care Assistance States may only consider the child s immigration/citizenship status and not a parent s when verifying eligibility for subsidies. Citizen children and qualified immigrant children may be eligible for child care assistance. It is a violation of federal policy for a state to establish immigration/citizenship restrictions as a condition of eligibility for CCDBG-funded child care assistance for anyone other than the child who is the beneficiary of child care services. 38 Source: CLASP

39 TANF Funded Child Care Assistance Generally denied to legal immigrants during their first five years in the United States, subject to limited exceptions. Many states use state funds or CCDBG funds to cover immigrants during the five-year period. In a mixed-status household, where there is at least one citizen and one non-citizen family member, a citizen child may be eligible for federally funded TANF cash assistance even if parents and other family members are ineligible. 39 Source: CLASP

40 Immigration Verification Not Required Head Start and Early Head Start Services subject to educational standards (including public and private pre-kindergarten settings and public and private child care) Non-profit exemption. Also, note: states are not permitted to require Social Security Numbers (SSNs) for receipt of CCDBG-funded child care assistance and may not deny assistance to applicants on the basis of refusal to provide a SSN. While states are permitted to request a SSN on application forms, the form must make clear that provision of a SSN is optional. 40 Source: CLASP

41 General Application Rules for Mixed Status Families Generally, parents who are undocumented or not eligible for benefits may apply for public benefits for their citizen or qualified immigrant child or children. Whether the parents income is counted toward the child s eligibility is determined by program. Generally SSN is not required and parents should be careful not to use one that may not be valid. 41

42 QUESTIONS?

43 RESOURCES FOR UNDOCUMENTED IMMIGRANTS

44 Health Programs that Undocumented Persons Can Access Emergency Medicaid Medicaid for Children and Pregnant Women: some states pay for children up to age 19 or pregnant women up to 60 days postpartum. Health care at community health centers such as Federally Qualified Health Centers Public Health Programs like state or local public health departments. Private insurance outside the ACA Marketplaces or through an employer. All programs using federal health care block grants: mental health, maternal and child health, family planning, communicable diseases, immunizations. All programs providing health services necessary to protect life or safety: emergency medical, food or shelter, mental health crisis, domestic violence, crime victim assistance, disaster relief. Eligible for hospital financial assistance programs or charity care. 44

45 Other Types of Benefits that Undocumented Persons Can Access School breakfast and lunch programs Special Supplemental Nutrition Program for Women, Infants, and Children (WIC): provides Federal grants to States for supplemental foods, health care referrals, and nutrition education for low-income pregnant, breastfeeding, and non-breastfeeding postpartum women, and to infants and children up to age five who are found to be at nutritional risk. Short-term noncash emergency disaster assistance Programs addressing weather emergencies and homelessness Shelters, soup kitchens, and meals-on-wheels; medical, public health, and mental health services necessary to protect life or safety; Disability or substance abuse services necessary to protect life or safety; Head Start and Educational Programs. 45

46 Mixed Status Families Undocumented immigrants can apply for health insurance for eligible family members, or be part of household of eligible family members: If applying for premium tax credits on behalf of eligible family members, they must file a tax return. If not eligible for a Social Security number (SSN), they may file a tax return using an Individual Taxpayer Identification Number (ITIN) ACA Marketplaces and state Medicaid and CHIP agencies can t require applicants to provide information about the citizenship or immigration status of any family or household members who aren t applying for coverage. States also can t deny benefits to an applicant because a family or household member who isn't applying hasn t disclosed his or her citizenship or immigration status. Information provided by applicants or beneficiaries won t be used for immigration enforcement purposes. Children of undocumented immigrants: U.S. citizen or legal immigrant children of undocumented parents should have the same access to health insurance and health services as other children. 46

47 Protections for Non-Applicants Applying for Others All Applications Should Allow Households to Designate Individuals as Non- Applicants. Important protections for non-applicants: Should not be asked to disclose citizenship/immigration status. Must provide information that is relevant to the eligibility determination such as income and tax filing status, but generally cannot be required to provide information not relevant to the eligibility determination. Do not have to provide an SSN in Medicaid and CHIP. For the Marketplace, non-applicant household members should not be required to provide an SSN unless ALL of the following are true: they have a spouse or tax dependent seeking premium tax credit eligibility The non-applicant is a tax filer The non-applicant has a SSN They filed a federal tax return in the 2013 tax year 47

48 48 Requests for Social Security Numbers for Medicaid and ACA Marketplaces Medicaid and CHIP: SSNs are generally required of Medicaid applicants Coverage cannot be denied or delayed pending issuance or verification of SSN Medicaid agencies must help individuals apply for an SSN if they are eligible and don t have one, or if they don t know their SSN Some Medicaid applicants do not have to provide Social Security numbers (SSN), including: Newborns in process of obtaining an SSN Persons who have a religious objection Certain lawfully present immigrants who are not eligible for an SSN or can only get an SSN for a non-work purpose such as certain domestic violence survivors, trafficking survivors, asylum applicants, and others ACA Marketplace private plan coverage: Only applicants who have an SSN are required to provide one. For both Medicaid/ ACA Marketplaces, applicants must be notified about: Whether providing their SSN is required or optional Why they are being asked for their SSN How their SSN will be used

49 PUBLIC CHARGE ISSUES AND IMPACT ON IMMIGRATION STATUS

50 Public Charge Issues A public charge is an individual who is likely to become primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or institutionalization for long-term care at government expense. A number of factors must be considered when making a determination that a person is likely to become a public charge. Not all publicly funded benefits are relevant to deciding whether someone is likely to become a public charge. 50

51 What benefits could be considered in determining public charge? Cash assistance for income maintenance and institutionalization for long-term care at government expense may be considered for public charge purposes. Supplemental Security Income (SSI) under Title XVI of Social Security Act Temporary Assistance for Needy Families (TANF) cash assistance State and local cash assistance programs that provide benefits for income maintenance (often called "General Assistance" programs) Programs supporting individuals who are institutionalized for longterm care (e.g., in a nursing home or mental health institution). 51

52 What benefits may NOT be considered in determining public charge? Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases; use of health clinics, short-term rehabilitation services, and emergency medical services) Nutrition programs, including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and School Breakfast Program, and other supplementary and emergency food assistance programs Housing benefits Child care services Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP) Emergency disaster relief Foster care and adoption assistance Educational assistance (such as attending public school), including benefits under the Head Start Act and aid for elementary, secondary, or higher education Job training programs In-kind, community-based programs, services, or assistance 52

53 THE PROCESS OF APPLICATION FOR & RECEIPT OF PUBLIC BENEFITS

54 Systematic Alien Verification for Entitlements (SAVE) Program SAVE is a web-based service that helps federal, state and local benefitissuing agencies, institutions and licensing bureaus determine the immigration status of benefit applicants. The federal, state, and local benefit-granting agency must have the legal authority to verify the individual s immigration status and must enter into an agreement with the SAVE Program. 54

55 Systematic Alien Verification for Entitlements (SAVE) Program How it works: When an individual applies for a benefit at a government agency, he/she may be required to present the agency representative with documents that demonstrate your immigration status such as your Arrival/Departure Record (Form I-94), Permanent Resident Card (Form I-551), Employment Authorization Document (Form I-766) or Foreign Passport and Visa. The agency will enter the information from the immigration document into the SAVE verification system. SAVE will then check the information against records in the Department of Homeland Security (DHS) databases and respond electronically to the agency. In more than 90% of cases, SAVE responds electronically to the agency with the immigration status within 3-5 seconds and no additional information is needed. However, in a few cases SAVE may request that the agency provide more information from the individual. 55

56 Application for and Receipt of Public Benefits Apply online or through local Family and Community Resource Center. Food stamps start from the date of application. TANF begins 30 days after application Medicaid can be backdated up to 3 months If application is submitted in person, the individual should request a receipt. What should the individual bring/submit? ID and social security cards/numbers for household members Proof of expenses: Rent/mortgage, Utilities, Child care Proof of income: Paystubs or employer affidavit for the last 30 days for everyone in the household who is working NOTE: For food stamps, an ID is required, but, it does not always have to be a state ID. Check with the SNAP agency. Often, other acceptable forms are work or school ID, Photo ID, voter registration card, wage stub, or birth certificate. 56

57 Redeterminations Most benefits are authorized for a limited period of time, and then the individual must complete a redetermination. Generally, the periods are: Food Stamps: 6 months Medicaid: 12 months TANF: 6 months When an individual receives a notice stating what the benefit is, they should pay attention to the certification period and make sure to complete a redetermination before the last month of eligibility. Depending on the program the individual may be required to report changes during their certification period. If they fails to report something like beginning employment, they may be assessed an overpayment. 57

58 Appeals Types of Actions that can be appealed: Receives a notice that their Food Stamps or cash assistance is being reduced or terminated. Had their application denied or were told that they can t apply for aid. Had their request for an exemption denied. Deadlines for Appeals: 60 days after the date on a notice being appealed (90 days for Food Stamps) Any time if never received a notice. The individual should: File appeal within 10 days of the date of notice. File appeal before the date of change on the notice. May be responsible for overpayment if lose appeal 58

59 EMPLOYMENT AUTHORIZATION

60 Citizenship Status Discrimination What is citizenship status discrimination? When an employer treats someone differently from other workers because of citizenship or immigration status it can be citizenship status discrimination. Examples of Citizenship Status Discrimination: Employer has a citizens only hiring rule or a green card only hiring rule Employer does not accept legal work papers A law protects workers who have legal work papers against citizenship status discrimination. But the same law also requires employers to make sure that workers are legally eligible to work (which we will talk about in a minute). 60 Source: National Immigration Law Center

61 Citizenship Status Discrimination (continued) To do this, the employer must fill out a special form for each person hired. This form is called the I-9 Employment Eligibility Verification Form. In completing the I-9 Form, a worker must show the employer documents proving identity and employment eligibility (legal work papers). Some employers also participate in the Department of Homeland Security s (DHS) electronic employment eligibility verification program, also known as E-Verify. 61 Source: National Immigration Law Center

62 Employment Authorization EAD is an employment authorization document (also known as a work permit or I 766) that tells an employer that an individual is authorized to work in the U.S. Any authorized worker who thinks he or she has been subjected to unfair scrutiny by an employer because of his or her immigration status or national origin may contact the U.S. Department of Justice Civil Rights Division s Office of Special Counsel for Immigration-Related Unfair Employment Practices for assistance at or (TDD for hearing impaired.) 62

63 Eligibility Verification System (E-Verify) Workplace verification strategies focus on employers to prevent them from hiring unauthorized immigrant workers. E-Verify is a voluntary program operated by U.S. Citizenship and Immigration Services in partnership with the Social Security Administration that allows employers to determine the employment eligibility of new hires. 63

64 Employer Discrimination Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC): Website: Address: Workers may call the OSC s toll-free hotline at Automated employer hotline at or (TDD) Equal Employment Opportunity Commission (EEOC): or (TDD) 64 Source: National Immigration Law Center

65 Undocumented and OSC Undocumented workers can still call the OSC to report an employer which he/she believes may be violating the INA s antidiscrimination laws. However, the undocumented worker is not eligible to file a charge with the OSC-- only workers lawfully authorized to work are protected by the immigration law s antidiscrimination provisions. If an individual is undocumented and has a potential claim under some other law, the OSC would: refer him/her to the appropriate agency enforcing that law or refer the individual to a community-based organization that might be able to assist in asserting your workplace rights The individual may choose to remain anonymous and still obtain helpful information. 65 Source: National Immigration Law Center

66 Tips to Protect Your Rights: Document For example, if an employer refused to hire an individual because he did not show a specific immigration document, or because she looks or sounds like she was born outside the U.S.: the individual should make sure to get the name of the person who refused to hire them. writes down the date they went to apply, and the name and address of the employer. Keep a copy (if possible) of the application. If they saw a job announcement stating that only U.S. citizens should apply or that English is required for the job when you think it should not be, keep a copy of the announcement. 66 Source: National Immigration Law Center

67 Tips to Protect Your Rights: Keep Records If the employer has fired the worker or refused to hire an individual, continue to look for a new job. Keep written notes about your job search. keep business cards with the name and address of the companies where you applied. keep copies of all unemployment paper work, including the forms showing your job search efforts. Keep copies of the payments you get under unemployment. If you get a new job: keep a record of how much money you make. Keep copies of all pay stubs, checks, money orders. 67 Source: National Immigration Law Center

68 Resources on I-9 and Audit Process Details about I-9 Verification Documents and Employer Requirements are in the Resources Toolkit. Employer Audits and what employers can or cannot ask employees to document are covered in detail in the Resources ToolKit. 68

69 RESOURCES AND REFERRALS

70 Promising Practices to Increase Access to Benefits Streamlining application and eligibility procedures Overcoming cultural issues Overcoming language, literacy, transportation, and logistical issues Integrating services for immigrant families Addressing mixed-status families application challenges Collaboration between agencies and CBOs Source: Urban Institute,

71 Discrimination Discrimination based on race, ethnicity, and national origin, including language spoken, is prohibited by Title VI of the Civil Rights Act and ACA Section Prohibition applies to all entities receiving federal financial assistance. Applications, processes and procedures that have a chilling effect of deterring eligible immigrants from applying may violate Title VI and Sec Source: Georgetown CCF 71

72 Access to Language Services Agencies receiving federal financial assistance must provide meaningful access to limited- English proficient (LEP) individuals for all programs: Provide free oral interpreting services to meet all language needs Translate key documents into the languages most needed by the community they serve Learn which languages predominate and make staffing decisions accordingly Key resources for agencies: Office for Civil Rights guidance of Limited English Proficiency: National Standards for Culturally and Linguistically Appropriate Services (CLAS): The ACA Marketplace call center ( ) can connect to a language line for immediate interpretation into at least 150 languages. Source: Georgetown CCF 72

73 Tips for Talking About Immigration Status Do not ask non-applicants to disclose their citizenship or immigration status Use broad questions and share general information about immigrant eligibility to help consumers identify who may want to apply while providing other welcoming messages early in your conversation. For example: The Marketplace provides coverage to citizens and noncitizens who are lawfully present. Here s a list of immigration statuses considered lawfully present We keep your information private and safe. The application asks for some information about everyone in your family, but only a family member seeking coverage for him or herself has to answer questions about immigration or citizenship. When asking questions about immigration and citizenship status of applicants: Avoid asking if individuals are undocumented or not lawfully present Instead use words like eligible immigrant, eligible immigration status or ineligible Source: Georgetown CCF 73

74 Resources ToolKit Written FAQs More detailed information for reference on housing, employment, and public benefits eligibility. Data and demographic information on immigrants and public benefits by state. State specific information on eligibility programs. 74

75 QUESTIONS?