Center for Public Policy Prioritieswww.cppp.org Immigrants and Food Stamps Separating the Facts from the Fiction FSEOP Training November 7, 2006 Celia Hagert, Senior Policy Analyst x110

Center for Public Policy Prioritieswww.cppp.org Overview The role of the outreach worker Eligibility rules for immigrants What about “mixed” families? Public charge Sponsor deeming Sponsor liability Tricky situations & how to deal with them

Center for Public Policy Prioritieswww.cppp.org Why? Fear, misinformation, and outdated information are preventing Texans in families that include non-citizens from accessing important public benefits Community Organizations and Public Agencies working with immigrants need to: –recognize this problem –understand the big-picture basics of policy –help spread correct information -- or at least not contribute to the confusion!

Center for Public Policy Prioritieswww.cppp.org Texas is #3 (after CA and NY) in total non- citizens, and in legal permanent residents ("green card" holders) Texas also #3 or #4 in the number of newly-arrived immigrants Total 2.9 million foreign-born in Texas: About 900,000 are naturalized U.S. citizens 800, ,000 are legal immigrants About 1.2 million are undocumented A Few of the Numbers

Center for Public Policy Prioritieswww.cppp.org Jeffrey S. Passel & Michael Fix, Immigration Studies Program The Urban Institute Where Immigrants Reside

Center for Public Policy Prioritieswww.cppp.org 23 percent of ALL Texas' children live in "mixed families" (one or more parent is non-citizen) 34 percent of Texas' children in low- income families (<200% FPL) are in mixed families “Mixed” Families

Center for Public Policy Prioritieswww.cppp.org Children by Parents’ Status (millions) Percent U.S. Citizens, based on 2000 CPS Jeffrey S. Passel & Michael Fix, Immigration Studies Program The Urban Institute LPR ParentsUndocumentedRefugee Parents Most Children of Immigrants Are U.S. Citizens

Center for Public Policy Prioritieswww.cppp.org Basic Immigration Vocabulary “ Alien” is a term used in many laws to refer to both legal and undocumented immigrants “Legal” immigrants include many different legal statuses –Permanent or long-term statuses: LPRs, Refugees, Asylees –Temporary statuses: For example, spouse of a US citizen waiting to get LPR status may have a “K” Visa; or immigrant may have “Temporary Protected Status (be required to get approval for renewal of status at regular intervals). –MOST LPRs in the US are family-based immigrants. All legal immigrants are NOT treated equally with regard to Food Stamps

Center for Public Policy Prioritieswww.cppp.org Basic Immigration Vocabulary “ Undocumented” immigrants include: –EWIs (Entries Without Inspection) –Overstays (came with a legal Visa, but stayed after it expired) –Other terms: “not lawfully present”, “illegal aliens” “Mixed” families – families that include some combination of U.S. citizens, legal, and/or undocumented immigrants

Center for Public Policy Prioritieswww.cppp.org Immigrant Families In Texas Children of immigrants in Texas suffer higher levels of hardship compared to those in other states. Nearly half of all children of immigrants in Texas live in families struggling to keep food on the table (compared to 37% nationally and to 33% of citizen-headed families in Texas). More than a third of children in mixed- immigration families in Texas live in crowded housing. 40% of children in mixed-immigration families are uninsured.

Center for Public Policy Prioritieswww.cppp.org Immigrant Eligibility for Public Benefits: A Short Review Before 1996 “Welfare Reform”, most legal immigrants treated same as citizens for purposes of public benefits. Welfare reform excluded many legal immigrants (main difference is whether in U.S. prior to 8/22/96) Undocumented immigrants have NEVER been eligible for Food Stamps (or other federal public benefits) Over time, Congress has restored substantial portions of the Food Stamp immigrant cuts

Center for Public Policy Prioritieswww.cppp.org The Big Picture: 5 Things You Need to Remember #1:MANY legal immigrants are eligible for Food Stamps #2All U.S. citizen children may be eligible for Food Stamps, regardless of the immigration status of the parents

Center for Public Policy Prioritieswww.cppp.org The Big Picture: 5 Things You Need to Remember #3An immigrant's use of (or use by his family member) Food Stamps will NOT prevent a person from EITHER getting a green card (becoming a legal permanent resident) OR becoming a U.S. citizen. ONLY persons totally reliant on TANF cash assistance or government-funded institutional long-term care are at risk of being denied permanent resident status.

Center for Public Policy Prioritieswww.cppp.org The Big Picture: 5 Things You Need to Remember #4: Reporting to CIS (formerly INS) by HHSC is only required in VERY RARE circumstances. #5:Immigrant families DO need to be informed about certain situations that COULD cause them problems.

Center for Public Policy Prioritieswww.cppp.org Who's Eligible for Food Stamps If in U.S. lawfully before 8/22/96: All legal permanent residents (“green card” holders) Refugees, Asylees Hmong-Lao veterans, Cross-border Native Americans.

Center for Public Policy Prioritieswww.cppp.org Who's Eligible for Food Stamps: Arrived on/after 8/22/96 Legal immigrant children under 18 Legal immigrants who have lived in U.S. more than 5 years Legal immigrants with 40 quarters U.S. work history (among family members), Legal immigrants with disabilities who receive a disability benefit such as SSI. Caveat: Because legal immigrants are not eligible for federal SSI if they arrived in the country after Aug. 22, 1996, this provision is essentially meaningless in Texas, but may have impact in other states offering a state-funded disability benefit. Upon U.S. citizenship NOTE: Deeming and/or Sponsor Liability may apply (more later on this!)

Center for Public Policy Prioritieswww.cppp.org Two Situations When Undocumented Immigrants Can Get Food Stamps #1 Domestic Violence/Child Abuse Survivors: “VAWA petitioners ” Violence Against Women Act = VAWA Couples must be married or “holding themselves out” as married (common-law) Abuser must either be U.S. citizen or LPR (if both are undocumented, not eligible) Must have "establishment of prima facie case" OR approved petition (may apply for a non-work SSN) Must meet Food Stamp eligibility requirements Mom and children are covered by VAWA provisions Post-96 adult immigrants still subject to 5-year bar Applicant must show HHSC samples of relevant forms (the I-797 and possibly the I-360 application for self-petitioner status) Call your local DV agency if a client needs help; National Domestic Violence Hotline (800) can help locate an agency.

Center for Public Policy Prioritieswww.cppp.org #2 Victims Of Trafficking: “T” Visas At least 50,000 women and children and an undetermined number of men are “trafficked” into the U.S. every year Congress allotted 5,000 “T” visas for victims of these crimes (can apply for green card after 3 years) To be eligible for benefits: –Must be certified by U.S. Office of Refugee Resettlement (ORR) as a victim of trafficking –Must have been granted or applied for a “T” visa from CIS –HHSC required to accept ORR certification letter in place of CIS documentation Recently-created program; VERY few of these have been granted Two Situations When Undocumented Immigrants Can Get Food Stamps

Center for Public Policy Prioritieswww.cppp.org Undocumented Immigrants Who Later Get Permanent Resident Status If undocumented immigrant came to U.S. BEFORE 8/22/96, and later got a green card, MAY be treated as a “pre-1996” immigrant IF resided in the U.S. continuously. “Continuously” means never left U.S for more than 30 days at one time, or more than 90 days total, during the time they were undocumented. Important because pre-96 immigrants are eligible for Food Stamps with NO 5-year bar It may affect VAWA families especially.

Center for Public Policy Prioritieswww.cppp.org Applying for Food Stamps: Federal Law and Immigrants’ Rights Only the applicant's status is relevant to his eligibility -- the parent's immigration status is irrelevant Parents may need help documenting their income for children’s Food Stamp applications. Undocumented parents must be VERY careful to provide accurate information!! Fraud can result in deportation!

Center for Public Policy Prioritieswww.cppp.org Applicants’ Rights and Social Security Numbers States may NOT require either an SSN or immigration status information from –parents applying for Food Stamps for their children (and NOT for themselves), or –any NON-applicant household members. Persons applying for Food Stamps must have an SSN.

Center for Public Policy Prioritieswww.cppp.org Applicants’ Rights and Social Security Numbers Persons who designate themselves as "non- applicants" do not need to disclose 1) their immigration status or 2) explain why they do not have an SSN. HHSC asks for every family member’s SSN on the application – even from non- applicants, but they cannot and do not REQUIRE an SSN from non-applicants. If the parent has a VALID SSN they should provide it. (The state uses this information to verify that other information, especially income and assets, is accurate.)

Center for Public Policy Prioritieswww.cppp.org Reporting to CIS (INS) Is Only in VERY Limited Circumstances HHSC Must Report to CIS (INS) ONLY when they know an that CIS has identified an applicant for Food Stamps as being under “final deportation order. Reporting of a non-applicant cannot occur: The determination that an immigrant is unlawfully present only can be made when the immigrant is seeking Food Stamp for herself or himself, not when he or she is applying for benefits for other family members

Center for Public Policy Prioritieswww.cppp.org Background on Public Charge Persons likely to be unable to support themselves, and therefore likely to depend on public benefits can be denied a green card. This has been a part of U.S. immigration law for over 100 years. Public Charge may be an issue for: –persons seeking LPR status ("green card"), for example immigrant applying for US entry from their home country. immigrant already in US trying to get green card –LPR re-entering U.S. after absence of 180 days or more. It is NOT an issue for LPRs (people with green cards) who are applying for citizenship. However, many LPRs have been confused about this and have avoided using benefits.

Center for Public Policy Prioritieswww.cppp.org Public Charge: Food Programs are "Safe" There will be NO problems getting a green card or becoming a citizen if an immigrant, his children, or family members use Food Stamps

Center for Public Policy Prioritieswww.cppp.org What the Public Charge Guidance Says: Total Reliance on Government Support CAN be a problem For those wanting a green card, OR for green card holders who leave US for 180 days or more: –If the green card applicant relies COMPLETELY on cash assistance (TANF, SSI), or –If his family's ONLY support comes from TANF or SSI received by his CHILDREN or other FAMILY MEMBERS, or –If the applicant is in a nursing home or other long-term care paid by Medicaid. THEN a green card application may be denied, or re- entry into US refused.

Center for Public Policy Prioritieswww.cppp.org What the Public Charge Guidance Says: If you are applying for U.S. citizenship The only way benefit use can prevent a green card holder from becoming a citizen is if he/she lied (committed fraud) to get those benefits. This means non-U.S. citizen parents must be VERY careful to provide accurate income and asset information, and not to provide any false information. Fraud can result in deportation!

Center for Public Policy Prioritieswww.cppp.org Immigrant Families MUST avoid Fraud! HHSC and others CAN and DO report FRAUD by immigrants This means immigrant parents (whether legal or undocumented) should be STRONGLY AND CLEARLY told that they MUST not give false information to HHSC about income, identity, and family members Because non-applicants do NOT have to provide SSNs, parents do not need to and should NOT provide a false SSN for themselves when applying for benefits for a US citizen or legal immigrant child There have been cases in Texas of parents who have lied about income to get Food Stamps for their children and were deported. THESE PARENTS WERE NOT DEPORTED BECAUSE THEIR CHILDREN USED A BENEFIT, THEY WERE DEPORTED FOR FRAUD.

Center for Public Policy Prioritieswww.cppp.org What Is “Sponsor Deeming”? Under “sponsor deeming”, income and resources of an immigrant’s sponsor (and the sponsor’s spouse) are added to the income of the immigrant applying for Food Stamps when determining whether the immigrant is eligible for the benefit. When deeming is applied, many immigrants are not eligible for program benefits, because the addition of the sponsor’s income makes their “countable” income higher than the maximum allowed for these programs. This applies to immigrants who signed the “new” I-864 affidavit of support (in use since 12/97). But there are many exemptions from deeming (see next slide).

Center for Public Policy Prioritieswww.cppp.org Sponsor deeming exemptions Immigrants under the age of 18 Immigrants whose sponsor is a member of the immigrant’s own household Immigrants who are “indigent,” which is defined as having family income below 130 FPL, the income limit for Food Stamps; therefore, most applicants will qualify for this exemption Immigrants with 40 quarters (10 years) of work recorded with the Social Security system (either themselves or in combination with their spouse) Immigrants who have become naturalized citizens Domestic violence victims, or VAWA petitioners Immigrants who would go hungry or homeless without benefits Refugees and asylees applying for lawful permanent resident status

Center for Public Policy Prioritieswww.cppp.org Things to Know About the “Indigence Exemption” HHSC will apply all other exemptions before the “indigence” exemption. Why? If the applicant uses the “indigence” exemption, the state is required to report the immigrant’s sponsor (for failure to support the immigrant) to the U.S. Attorney General, and share information about the sponsored immigrant’s receipt of Food Stamps with the sponsor. Many immigrants may fear sponsor retaliation, or worry that reporting may trigger a request for repayment from their sponsor, and forego applying for Food Stamps for themselves or their family as a result. If the indigence exemption is the only one they qualify for, sponsored immigrants have two other options: 1.The sponsored immigrant can “opt into” deeming, i.e., choose to have their sponsor’s income counted 2.The sponsored immigrant can choose NOT to apply for benefits for him/herself, but only for the other (non-sponsored) members of the household.

Center for Public Policy Prioritieswww.cppp.org What IS Sponsor Liability? All immigrants who apply for a green card through a family member after December 19, 1997 have to have a sponsor(s) with income of 125% FPL or more, and the sponsor(s) must sign an “enforceable” Affidavit of Support (I-864). If the immigrant being sponsored uses certain federal benefits, the federal government can demand that the sponsor pay for those benefits. BUT!!! THERE ARE MANY EXCEPTIONS.

Center for Public Policy Prioritieswww.cppp.org Who Does NOT have to worry about Sponsor Liability? If the person using a benefit is a U.S. citizen (e.g., children born in U.S., no matter WHAT their parents’ status is), then there is NO WAY the government can ask to be repaid for benefits. Legal immigrants who used the “traditional” Affidavit of Support (Form I-134) used before December 19, Immigrants whose sponsors used this form WILL NOT be asked to pay the government back for benefits.

Center for Public Policy Prioritieswww.cppp.org Who Does NOT have to worry about Sponsor Liability? Once an immigrant family has 40 quarters of U.S. work history, there is NO LONGER a SPONSOR LIABILITY. Sponsors are not responsible for benefits used by the sponsored immigrant’s U.S. citizen children, or by any other “non-sponsored” family members. If the Sponsor is a member of the immigrant’s household and himself qualifies for Food Stamps, there is NO SPONSOR LIABILITY.

Center for Public Policy Prioritieswww.cppp.org Who Does NOT have to worry about Sponsor Liability? Refugees and asylees applying for a green card. Widows/widowers of U.S. citizens, Victims of domestic violence or extreme cruelty VAWA petitioners and their children

Center for Public Policy Prioritieswww.cppp.org Who MIGHT have Sponsor Liability? Sponsors of Legal Immigrants who arrived after 8/22/96, AND who who have who used the new “enforceable” Affidavit of Support (I-864) COULD in the future be asked by the federal government to repay certain benefits provided to the immigrant. To our knowledge, only one state government agency (CT) has sought reimbursement from a sponsor up to now. Texas has never sought repayment from a sponsor. Texas does NOT have a policy TODAY of asking sponsors to pay the state back for food stamp benefit. BUT, this policy could change in the future. The state would have to announce any change in the policy before doing it.

Center for Public Policy Prioritieswww.cppp.org New Law Requires U.S. Citizens to Document Citizenship for Medicaid New federal law requires Medicaid recipients to document U.S. citizenship Does NOT change Texas policy for Food Stamps But HHSC is not allowed to hold up a family’s Food Stamp application while waiting to verify family’s citizenship for the purposes of Medicaid.

Center for Public Policy Prioritieswww.cppp.org Outreach Workers Don't Have to Be Experts, But Remember.... Don't assume non-citizens are ineligible for Food Stamps without checking. Remember that many state workers in Texas have had little or NO training on this issue, and mistakes are made. The parent's immigration status does NOT affect a child's eligibility for a benefit. Reporting to CIS (INS) is only required of HHSC in VERY LIMITED circumstances. Receiving Food Stamps does NOT, under any circumstances (except when fraud is committed), prevent the recipient or recipient's family member form getting a green care or becoming a citizen. U.S. citizen children, legal immigrants without sponsors, or immigrants who used the OLD “Affidavit of Support” do NOT have to worry about sponsor liability; others may need to talk to a qualified resource for advice about Sponsor Liability. Immigrants must be encouraged NEVER to commit fraud.

Center for Public Policy Prioritieswww.cppp.org Local Assistance for Immigrants Austin: Political Asylum Project of Austin (PAPA) (512) ; Catholic Charities of Central Texas (512) Dallas: Catholic Charities Immigration Counseling Services, (214) El Paso: Diocesan Migrant & Refugee Services, 1117 North Stanton,(915) ; Las Américas, 715 Myrtle, (915) ; Medicaid and CHIP questions: West Texas CHIP Collaborative, (915) Houston: Associated Catholic Charities Texas, Center for Immigrant Legal Assistance (713) Lubbock: Catholic Family Service, (806) Rio Grande Valley: Proyecto Libertad (956) San Antonio: Lawyers’ Committee for Civil Rights (210) Other Areas in Texas: Telephone Access to Justice:

Center for Public Policy Prioritieswww.cppp.org More Resources For more information on immigrant eligibility for benefits, or help with training, call: –Center for Public Policy Priorities, Anne Dunkelberg or Celia Hagert, (512) , –Children's Defense Fund - Texas, Barbara Best, (713) , –National Immigration Law Center

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