Immigrants and Disaster Relief Kate Woomer-Deters NC Justice Center

AGENDA Types of Immigration Statuses and How to Recognize Them Qualified vs. Non-Qualified Immigrants Eligibility for Different Disaster Relief Programs: FEMA cash assistance (Individuals and Households) D-SNAP Non-Monetary Disaster Assistance Disaster Unemployment Assistance Confidentiality of Information DHS Enforcement During Disaster

Common types of immigration status in nc Legal Permanent Resident (LPR or “Green Card” holder) U Visa (victims of crime) T Visa Holders (victims of trafficking) Approved VAWA recipient (“battered immigrant”) – “Deferred Action” Temporary Protected Status (TPS) Asylee Refugee H-2A and H-2B visa (temporary farm and seasonal workers) Other short term visas such as student and visitor visas (B-1, F-1, J-1) Deferred Action for Childhood Arrivals (DACA) And more…

How can you tell what kind of status a person has? I-797 Approval Notice The type of status approved will be noted on this 8.5 x 11 piece of paper. Employment Authorization Document (EAD, or work permit) The “Category” code on the work permit tells you what kind of status the person has, and you can look on the USCIS website to see which status each code indicates. Note: DACA is code c(33) Legal Permanent Resident Card (I-551 or “green card) “Resident since” line will tell you how long the person has had status for purpose of 5-year bar. Category code will tell you how the person received LPR status

“qualified” ALIENS Not Qualified: everyone else 1996 Welfare Reform Act limited eligibility for Medicaid (and other means-tested federal public benefits) to “qualified” immigrants, defined as: Legal Permanent Residents (LPR) Refugees, Asylees, & Persons Granted Withholding of Deportation/Removal Cuban and Haitian Entrants Paroled into U.S. for at least 1 Year (very small category) Battered spouses and children (“VAWA”) with deferred action Victims of trafficking – those granted “T” visas or who have pending applications and have had a prima facie case approved Not Qualified: everyone else Even if they have work authorization and are lawfully present in the United States, they are NOT eligible for “federal means tested public benefits.” This includes many immigrants on temp or short term visas

FEMA CASH ASSISTANCE FEMA Cash Assistance (Individuals and Households Program) Money for alternative housing for tenants, home repair or replacement for homeowners Money for replacing personal property, etc. This program is limited to U.S. citizens and “qualified aliens” – legal permanent residents (green card holders), refugees, asylees, etc.

Mixed-status immigrant families AND FEMA From FEMA website: “[Undocumented immigrants] will not be personally eligible for FEMA cash assistance programs (Individuals and Households Program Assistance). [They] may, however, apply on behalf of [a] U.S. citizen child, or another adult household member may qualify the household for assistance.” This includes applying for a minor child under the age of 18 Undocumented immigrants should not (and are not required to) provide any information about their OWN status They must provide a Social Security number for their eligible child or family member

D-SNAP Immigrants can apply for disaster food stamps with ANY immigration status, or NO STATUS at all.   There is no requirement to have status.  While there is a blank for SSN on the form, it must only be filled out “if available.”  Immigrants who lack an SSN should simply leave that box blank.  Applicants are required to prove their identity to DSS, but the instructions from NC DHHS note: “Verification of identity is mandatory for the head of household and authorized representative. This can be in the form of a picture ID or any other form of identification. This proof may include, but is not limited to, Social Security card, mail, or collateral statement. Identity is the only eligibility factor that must be verified.” Immigrants typically must be “qualified” immigrants to qualify for regular SNAP benefits, but that requirement has been WAIVED for purposes of D-SNAP

Non-Monetary Disaster assistance 8 U.S.C. §1611 (b)(1)(b): “Short-term, non- cash, in-kind emergency disaster relief” is available to all immigrants, regardless of status or with no status at all No proof of immigration status or even ID was/is required to access shelters Including: food and water, shelters, emergency notifications, rescue, disaster- related medical care, etc.

Disaster Unemployment assistance A person must be lawfully-present and have work authorization to qualify Must have work authorization at the time they were working, and while they collect benefits (DUA eligibility would end if visa expired, for example) This is a broader category of immigrants than just “qualified aliens” and could include people such as H-2A workers, student or work visa holders, TPS, and more. Status will be verified through the SAVE system

Confidentiality of information May agency staff share the applicant or family member’s information with outside people or agencies? Is the agency required to share information about a person’s immigration status with immigration authorities? SNAP The SNAP agency may only share information in very limited circumstances, such as investigations related to the violations of SNAP program rules, to apprehend people fleeing prosecution of a felony, and in other limited and specific circumstances. The regulations do not allow for release of information to immigration authorities for purposes of immigration enforcement. (7 U.S.C. §2020(e)(8)) Only in very limited circumstances. SNAP agency is only required to report to immigration authorities if : (1) the immigrant is seeking SNAP for the immigrant’s own use (i.e., not for a family member); (2) the SNAP agency has made a formal finding of fact or conclusion of law, subject to administrative review, that the immigrant is unlawfully present, and (3) a DHS determination of unlawful presence (e.g., a final order of deportation) supports the SNAP agency’s finding.” Merely looking an immigrant up in the SAVE system and not finding a record of does NOT meet this standard. (7 C.F.R. § 273.4(b) FEMA FEMA regulations (44 CFR 6.20) generally prevent FEMA from sharing applicants’ information, but there is one exception in the regulations stating that FEMA can give information “(g) To another agency or instrumentality of any governmental jurisdiction within or under the control of the United States for civil or criminal law enforcement activity, if the activity is authorized by law, and if the head of the agency or instrumentality or his designated representative has made a written request to the Administrator specifying the particular portion desired and the law enforcement activity for which the record is sought.”  No, and FEMA states: “An applicant’s information is confidential. FEMA shares that information only with the state and designated agencies that provide disaster assistance.” (last updated 2018).

Immigration Enforcement during hurricane florence  “In consideration of these circumstances, there will be no immigration enforcement initiatives associated with evacuations or sheltering related to Florence, except in the event of a serious public safety threat.” - Bryan Cox, ICE spokesperson for southern region “In times of natural disasters and acts of terrorism, FEMA can enlist the help of ICE, border patrol and other law enforcement agencies within Homeland Security. The agencies help state or local governments that have exhausted the country’s state-to-state mutual aid system and the respective state’s National Guard resources.” (News and Observer, 9/20/18)

Community still has fears of ice/DHS involvement

RESOURCES Ready NC: Disaster assistance information: English: https://readync.org Español: https://readync.org/SP/ Frequently Asked Questions: Disaster Assistance (FEMA): English: https://www.disasterassistance.gov/help/faqs Español: https://www.disasterassistance.gov/es/ayuda/preguntas-comunes Resources about FEMA and Immigrants (Laws and Policies): National Immigration Law Center: Disaster Assistance – Immigrant Eligibility: https://www.nilc.org/issues/economic-support/disaster-help/ FEMA Citizenship/Immigration requirements: https://www.fema.gov/faq-details/FEMA-Citizenship-Immigration-requirements1370032118159 SSN req: https://www.fema.gov/faq-details/Social-Security-Number-Citizenship NCJC Materials for Immigrants on Disaster Relief: FACTSHEET: FEMA Benefits for Immigrants and Tenants (Eng and Span): https://www.ncjustice.org/immigrants-and-refugees/factsheet-fema-benefits-immigrants-and-tenants-beneficios-de-fema-para Rights of Tenants After a Natural Disaster (adapted from LANC): English: https://www.ncjustice.org/?q=immigrants-and-refugees/factsheet-rights-tenants-after-natural-disaster Spanish: https://www.ncjustice.org/?q=immigrants-and-refugees/factsheet-derechos-de-inquilinos-despu%C3%A9s-de-un-desastre-natural

Questions? Kate Woomer-Deters NC Justice Center 919-861-2072 kate@ncjustice.org