SAFETY-NET INCOME & FOOD BENEFITS FOR IMMIGRANT- HEADED HOUSEHOLDS. Basic Benefits Training, March 2017 Patricia Baker, Mass Law Reform Institute

Transcription

1 SAFETY-NET INCOME & FOOD BENEFITS FOR IMMIGRANT- HEADED HOUSEHOLDS Basic Benefits Training, March 2017 Patricia Baker, Mass Law Reform Institute 1

2 KEY NUTRITION BENEFITS Supplemental Nutrition Assistance Program (SNAP)** Women, Infant and Children (WIC) National School Lunch Program (School lunch and breakfast) The Emergency Food Assistance Program (TEFAP) and MEFAP (state level funding) food bank/food pantries ** SNAP has eligibility restrictions for immigrants 2

3 KEY CASH ASSISTANCE BENEFITS Transitional Assistance for Families with Dependent Children (TAFDC) Emergency Aid to Elders, Disabled and Children (EAEDC) Supplemental Security Income (SSI) All cash program have immigrant eligibility restrictions 3

4 KEY ELIGIBILITY QUESTIONS TO ASK IMMIGRANT CLIENTS 1. Current immigration status? 2. HOW did client get status? 3. Date of physical entry to US 4. 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)? 4

5 QUALIFIED - NEVER BARRED NO 5 YEAR WAITING PERIOD Refugee, asylees, deportation withheld Cuban/Haitian entrant Trafficking victim Veterans/Active duty, spouse & dependents Iraqi/Afghan Special Immigrants American Indians (born in Canada or Mexico) Amerasians (born in Vietnam during war) 5

6 QUALIFIED - MAY BE BARRED FOR 5 YEARS FOR TAFDC OR SNAP Legal Permanent Residents (LPRs) Paroled into the US for 1 year or more (humanitarian parole) Battered immigrants with pending petition (VAWA or relative petition), includes child of battered parent or parent of battered child. Cannot be living with abuser. 6

7 5 YEAR BAR EXCEPTIONS NO 5 year wait if: In legal status for 5 or more years Arrived in US prior to 8/22/96 and continuously present Had prior status as an asylee, refugee, Cuban- Haitian entrant, Iraqi/Afghan, Amerasion, or is a veteran/dep of veteran No 5 year wait: For SNAP: child under age 18 or disabled adult. For SNAP and TAFDC: LPR has 40 quarters of creditable work history For TAFDC: is a battered immigrant/dependent 7

8 EXERCISE #1 Marie Baptiste is 38 years and comes from Haiti. She has an employment authorization as Temporary Protected Status (TPS). She works part time but also struggles with diabetes. Can she get SNAP? You learn that Marie first came after the January 2014 and was granted Humanitarian Parole. How does that change her eligibility? 8

9 EXERCISE #2 Thelma O Neill is a battered immigrant with a pending VAWA petition for the past 6 months. She lives with her 7 year old son. Is Ms. O Neill eligible for SNAP? Is her child eligible for SNAP? Is the family eligible for TAFDC? 9

10 EAEDC AND LEGALLY PRESENT 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: I. USCIS aware of presence in US (e.g. work authorization, pending application), and II. No effort underway by USCIS to deport. 10

11 EXAMPLES OF PERMANENTLY RESIDING UNDER COLOR OF LAW Deferred Action Childhood Arrivals (DACA) Pending 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 (Registry) Temporary Protected Status (TPS) Other statuses where immigrant is known to USCIS but not being deported 11

12 QUALIFIED AND SSI BENEFITS Refugee group get 7 years SSI from entry Immigrants receiving SSI as of 8/22/96 Immigrants in U.S. on 8/22/96 and 65+ Disabled LPRs who: currently qualified aliens and were lawfully present as of 8/22/96 LPRs who have 40 quarters of work history Certain Veterans lawfully residing and their dependents 12

13 40 QUARTERS WORK HISTORY - WHY IT S IMPORTANT: Establishes SSI eligibility for after 5 years in LPR status, or after 7 years in refugee/asyee status No 5 year bar if LPR would be subject to rule under SNAP or TAFDC Ends sponsor s legal obligation to support and ends deeming of any sponsor income 13

14 40 QUARTERS 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) Can included work done in one of 25 foreign countries outside of US (mostly Europe, Australia, etc) But NO credit for quarters on/after 1997 in which LPR or worker received Medicaid, SSI, food stamps, TANF or SCHIP 14

15 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? 15

16 EXERCISE #4 Samantha is 52. She came to the U.S. as a visiting scholar in 1995 and stayed on. She became a permanent resident 2 years ago. She recently suffered a stroke and is now disabled. She has run out of assets and income. Is she a qualified alien? What cash or SNAP benefits is she eligible to receive? 16

17 RIGHT TO OPT OUT Household can exclude an ineligible immigrant member in SNAP or TAFDC application SSN and immigration status not required for excluded member but HH benefits lower Ineligible immigrant must report own income and assets, even if excluded from benefits HH may get higher benefits for eligible members if immigrant has legal status (including PRUCOL) and provides proof 17

18 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 18

19 EXAMPLE #5 Juana Ramos is 40 years old and her two teenage children, born in the US. Juana has Temporary Protected Status (TPS) and works part time. Does she and/or her kids qualify for TAFDC? Do they qualify for SNAP? 19

20 EXAMPLE #6 Juana Ramos is 40 years old and her two teenage children, born in the US. Juana had TPS, but it expired. She works full time caring for a neighbor s children. How many family members get SNAP? How is Juana s income counted for the SNAP benefits? 20

21 WHO S NOT ELIGIBLE FOR ANY CASH OR SNAP BENEFITS? Undocumented immigrants Under final order of deportation Certain non-immigrants (tourists, students, business) 21

22 PROGRAMS WITHOUT IMMIGRANT STATUS RESTRICTIONS School Lunch and Breakfast Women, Infant and Children (WIC) Elder feeding programs Food bank and emergency feeding programs Short-term non-cash disaster relief Certain public health and emergency programs Programs delivered at the community level, that are not conditioned on income or resources and necessary to protect life or safety 22

23 VERIFICATION OF STATUS FOR SNAP, TAFDC, EAEDC, SSI Applicant 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 23

24 SYSTEMATIC ALIEN VERIFICATION FOR ENTITLEMENTS (SAVE) Computerized immigration status check between DTA, RMV, SSA and USCIS Three step verification process by state agency, depending on response Right to challenge SAVE info if inaccurate or incomplete FS/SNAP and TAFDC paid pending SAVE check if no initial confirmed response 24

25 SOCIAL SECURITY NUMBER For SNAP and cash, all adults and children must provide SSN or apply for one with SSA. SSN not required for immigrants not applying to receive 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) 25

26 STATE AGENCY REPORTING? Information provided to DTA is private and confidential - Cannot be shared to third parties unless required under law or with express client permission DTA cannot seek immigrant status info if immigrant is not applying for self. DTA allowed to report to DHS only when immigrant is known to be unlawfully present Immigrant has applied for cash or SNAP for self, Immigrant is under a Final Order of Deportation, AND immigrant SHOWS proof of this 26

27 FOR MORE INFORMATION Mass Immigrant and Refugee Advocacy (MIRA) Coalition: Mass Legal Services website: Mass Law Reform Institute: National Immigration Law Center Greater Boston Legal Service 27