DTA Services and Benefits for Immigrants and Non-Citizens

Rita Cheresnowsky, Senior Paralegal and Ambika Panday, Attorney and SEALS fellow, Greater Boston Legal Services, spoke about immigrant access to welfare benefits at the March CRC Information Session.

Before delving into the presentation’s content, the presenters stressed that due to the complex nature of these issues and high-stakes involved, when in doubt, please call legal services. The information relayed here is not comprehensive and should not be relied on to counsel clients or patients about their eligibility for benefits. Also, if a non-citizen patient has a question about benefits eligibility and how it may affect her immigration status, it is very important to contact legal services right away.

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Definitions
Common General Misconceptions
TAFDC
SNAP (New name for Food Stamps)
EAEDC
Application Assistance

Definitions

Immigrant - Someone whose status reflects an intent or desire and/or often legal permission to enter United States to stay here permanently.

Non-Immigrant - Someone whose entry into the US reflects an intention to stay in the United States only temporarily , e .g., students, tourists, speakers, and diplomats.

Undocumented immigrant - Someone in the United States without legal permission to be here. Either they never had permission or that permission lapsed.Examples include (but are not limited to) someone whose temporary visa has lapsed or someone who entered without inspection documents.

Non-citizen- a non-citizen is any person who has not obtained U.S. citizenship. This includes all three groups above- documented and undocumented immigrants, and non-immigrants.

Common General Misconceptions

Misconception

Welfare is Welfare and all rules for non-citizen eligibility for benefits is the same, no matter what benefits you get.

But in fact

TAFDC (cash), SNAP (Food Stamps), and EAEDC (cash) are all different programs with slightly different non-citizen eligibility requirements.

Advocacy Tip: Although the non-citizen eligibility rules for each program are different, it is possible for one worker to administer all three programs at the same time for a recipient and her family.

***

Misconception

When the Welfare Laws changed in 1996, all non-citizens were denied public benefits.

But in fact

Prior to 8/22/1996 documented non-citizens could have been eligible for benefits. Undocumented non-citizens were not. After 8/22/1996 some documented non-citizens were eligible for benefits. Undocumented non-citizens remain ineligible. Massachusetts residents were somewhat protected from the effects of these changes as the state used state money to offer TAFDC and Food Stamps to those under the 5 year bar. This changed in 2002 when these additional funds were cut and state residents felt the full impact of the 1996 law.

***

Misconception

Someone with expired or lost immigration documents has no legal status in the United States.

But in fact

Sometimes an individual with expired immigration documents is considered “undocumented” and without legal immigrant status. But, in other instances, expired papers do not necessarily mean the individual’s status has ended

***

Misconception

If you are undocumented, your family cannot get any public benefits.

But in fact

If any of your family members are US citizens or have eligible legal statuses, you should be able to receive public benefits for them assuming they meet the other eligibility requirements for those programs, e.g., undocumented parents may receive cash and Food Stamps for their US citizen children.

***

Misconception

“Public Charge”- If you have received any public benefits in the past, you will not be granted Legal Permanent Residence (LPR) status, also known as obtaining a “green card”, because the government considers you a burden on the public or a “public charge.”

But in fact

Not necessarily. The “public charge doctrine” is a prospective determination. Also, the “public charge doctrine” applies only to cash assistance; the receipt of Food Stamps or health care should not affect an individual’s ability to secure LPR status.

If an individual is adjusting to LPR, the receipt of cash benefits may be an issue. If the individual is thinking about adjusting to LPR and is currently receiving or wants to apply for benefits, she should consult an immigration or benefits attorney.

***

Misconception

A legal permanent resident (LPR) cannot obtain citizenship if her family has received welfare in the past.

But in fact

Once an individual has obtained LPR status, the impact of past benefits should not affect the ability to obtain citizenship.

***

Misconception

If you have received benefits in the past, you will not be allowed to bring your relatives from other countries into the United States.

But in fact

The past receipt of public benefits in itself is not a barrier to sponsoring a relative. However, a sponsor who is financially eligible to receive benefits is unlikely to meet the minimum income/asset standards that are required in order to sponsor a relative.

***

Misconception

If you are undocumented and get benefits for your children, your children will have to pay back these benefits upon their 18th birthday.

But in fact

Minor recipients who lawfully receive benefits do not have to pay them back upon reaching age 18. In general, any recipient could be required to pay DTA back for benefits they were not entitled to.  

***

Misconception

If you receive any public benefits for your children under 18 and you are deported or leave the country, you will be forced to leave your children in the United States because you have received benefits for them.

But in fact

The simple fact that a parent receives public benefits should not affect a parent’s ability to retain custody of her children while in deportation proceedings.

***

Misconception

If you need an interpreter to apply for or maintain benefits, you must bring your own interpreter (a friend, relative) or rely on your children to interpret for you.

But in fact

DTA is obligated to provide everyone with an interpreter either in person or with a 3-way phone call

Advocacy Tip: It is the applicant or recipient who determines whether she needs an interpreter, NOT the DTA worker. Remember too that there is also a qualitative difference between a professional interpreter and family or friends. These are legal documents that applicants will be signing; it is important that they are fully understood.

But in fact

DTA is prohibited from asking applicants/recipients from relying on their children to interpret/translate

Applicants/recipients should not be denied their right to apply for benefits without delay due to the lack of an interpreter services

Advocacy Tip: If an applicant/recipient’s first language is something other than Spanish, Haitian Creole, or Vietnamese, it is helpful to call ahead to request an interpreter for all appointments.

***

Misconception

You must have an SSN to receive public benefits for your family members.

But in fact

If a benefits recipient does not have a valid SSN, DTA assigns an identifying number for tracking purposes. The lack of an SSN cannot and should not prevent someone from applying for or receiving cash benefits for their eligible familiy members if otherwise eligible.

***

Misconception

If you are unsure about your immigrant status or how it will affect your ability to receive benefits, you should go to ICE to get information about your status

But in fact

If you are unsure about your status, consult an immigration attorney! Do not go to ICE to inquire about your status without seeking legal counsel first.

***

Misconception

If you are undocumented and receive welfare benefits for your children, DTA can and will report you to ICE.

But in fact

DTA should not report undocumented immigrants to ICE unless an applicant or recipient shows a DTA worker a valid order for a final removal or deportation. DTA does not cross-reference databases with immigration.

***

Misconception

If a non-citizen applies for benefits for her citizen children or household members, she will have to reveal her immigration status as part of the identification verification process.

But in fact

DTA can only compel benefits household members who are applying to receive benefits to provide verification of their identity and immigration status. All non-citizens who are ineligible to receive benefits can “opt out” of the household and will not have to disclose their immigration status.

Note:If these non-citizens are working, they must report their wages as these DO count in determining the household grant amount. For those who are unable to obtain verification of their income from their employer DTA should accept a signed self-declaration as proof of the person’s income.

***

Misconception

All Legal Services agencies are prohibited from helping undocumented immigrants with their legal questions or problems.

But in fact

Only agencies that take specific federal funding are prohibited from working with undocumented immigrants.

Greater Boston Legal Services works with all people who fit the organization’s income, geographic, and service priority guidelines, regardless of immigration status!

TAFDC

Misconception:

If you are not a citizen, you must be in legal status in the United States for 5 years before you may receive TAFDC.

Fact:

LPR, Conditional Entrants, and Parolees who have been physically, continuously present in the United States since before August 22, 1996 should not have to prove that they have been in that status for 5 years in order to receive TAFDC.

For the purposes of TAFDC, individuals just have to have been physically present. Their presence does not have to have been lawful presence.

***

Misconception

Battered non-citizens and their children have to show they have been in status for 5 years before they can receive TAFDC.

But in fact

Certain non-citizen victims of domestic abuse are eligible to jump the 5-year bar to receive TAFDC. Note that DTA does not routinely screen for a history of domestic violence.

More information: TAFDC Advocacy Guide - see question 9, starting on p. 12.)

Advocacy Tip: If a non-citizen patient/client reveals a history of violence and would like to apply for benefits, please contact legal services right away!

***

Misconception

Sponsor Deeming - When LPRs or non-citizens with status apply for TAFDC, DTA always takes their sponsors’ income and assets into account when determining applicant eligibility.

But in fact

Effective December 15, 2008, DTA eliminated “sponsor deeming” for TAFDC applicants.

SNAP (New name for Food Stamps)

Misconception

Only U.S. citizens can get SNAP for themselves and their families.

But in fact

Certain LPRs, refugees, asylees, and some other categories of immigrants who received status because they have fled persecution are eligible to receive SNAP.

But in fact

Ineligible parents can still apply for and receive SNAP for their eligible children.

***

Misconception

All non-citizens must be in their eligible status for 5 years before they can receive SNAP.

But in fact

Some non-citizens do have to wait for five years while in legal status before they can receive SNAP. But, the 5-year bar does not apply to:

Asylees
Cuban/Haitian Entrants (remember, this is a special status; not everyone who enters from Cuba or Haiti)
Amerasians
Refugees
Deportation or Removal Withheld
Conditional Entrants
Parolees
LPR children under 19
Elderly non-citizens receiving state benefits for disability or receiving EAEDC based on elder status if their doctor completes DTA’s disability form
Severely disabled adults receiving state benefits for disability
Adults with 40 quarters of work history (Note: there are situations where one can “borrow” work quarters from a spouse or a parent from before you were 18.)

***

Misconception

Sponsor Deeming- When LPRs or non-citizens with status apply for SNAP, DTA always takes their sponsors’ income and assets into account when determining eligibility.

But in fact

Effective December 15, 2008, DTA eliminated “sponsor deeming” for most SNAP households with limited exceptions.

EAEDC

Misconception

A non-citizen cannot receive cash assistance if she/he does not have children.

But in fact

The following categories of non-citizens without children are eligible for EAEDC if they also meet the disability standards:

Asylee
Cuban/Haitian Entrant (note this is a special status, not just anyone who enters from Cuba or Haiti)
Amerasian
Refugee
Withholding of Deportation Non-citizen
LPR
Parolee
Conditional Entrant
PRUCOL: Permanently Residing Under Color of Law- (this includes TPS). Note this is the only covered welfare benefit that is an option for those with PRUCOL status.

***

Misconception

Adults with children who do not qualify for TAFDC because of their immigration status do not qualify for any cash benefit.

But in fact

Adults who have children may qualify for EAEDC even if they do not meet the non-citizen requirements for TAFDC, provided they meet the non-citizen and disability standards for EAEDC.

Depending on status, both parent and children may be eligible to receive SNAP as well.

***

Misconception

A non-citizen CHILD who is ineligible for TAFDC is ineligible for any cash benefit.

But in fact

With advocacy, there is a slim possibility that disabled children who meet the non-citizen criteria and the disability standards may receive EAEDC. Such cases may be referred to GBLS.

A Final Note about Disability Benefits

The non-citizen eligibility requirements for state disability benefits (EAEDC), federal disability benefits (SSDI), and federal supplemental security income (SSI) are all different!

If you have questions about immigrant eligibility for SSDI, RSDI, or SSI benefits, please contact legal services

Please Remember…

Immigrant and non-citizen eligibility for welfare benefits is an extremely complicated area of law, which often requires expert advice. If you have a patient or client who is not a citizen and is receiving benefits or is interested in applying for benefits, please contact your local legal services agency! www.masslegalservices.org/perl/services.cgi

 

Community Resource- Application Assistance

LIFT (formerly known as The National Student Partnership) is a student run organization funded by the Federal program AmeriCorps. Students provide free case management services to Mass residents year round under the direction of an AmeriCorps Coordinator.

This organization provides individual case management services to all clients in need, there are no eligibility requirements. Trained college students are willing to work one on one with clients to assist them with filling out applications for public benefits, fundraising for arrears, housing needs (furniture, deposits, etc.), and referral services.

LIFT

LIFT-Boston Region
Roxbury Office
c/o BCYF Vine Street Community Center
339 Dudley Street
Boston, MA, 02119
Phone: (617) 427-1155
Fax: (617) 427-1125

Somerville Office
c/o The Family Center
366 Somerville Avenue
Somerville, MA 02143
Phone: (617) 591-9400 
Fax: (617) 591-9411

website: www.liftcommunities.org/boston

Language Capacity - 20 of the volunteers speak Spanish, 2 speak Portuguese, 2 speak French, and 2 speak Italian.

Clients should call the office and do an intake over the telephone. No other eligibility requirements.

Many thanks to GBLS staff Ambika Panday and Rita Cheresnowsky for their informative presentation and help with this article, and Naomi Meyer for her editing assistance.

 

3/09