Immigrants
Immigrants and Public Benefits
Note: families with children who are new arrivals- NEW Family Welcome Center is available during hours when Emergency Assistance/Family Shelter hours/offices are closed; can help access resources including family shelter when eligible.
Sections:
Immigrant Eligibility for Federal Programs (SSI, SSDI, SNAP, Medicare, etc.)
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Department of Transitional Assistance (DTA): TAFDC, EAEDC, SNAP (formerly Food Stamps)
Department of Transitional Assistance (DTA) staff do not report undocumented immigrants to the immigration authorities unless the immigrant shows them "final orders for deportation" and even then, reporting is NOT automatic. MIRA staff report that they are not aware of any cases where someone has been turned in by DTA staff.
DTA's food stamp regulations clarify what is explained above and DTA Central agrees that the same reporting policy applies to TAFDC, EAEDC and EA (Family Shelter). Therefore DTA should only report non-citizens who provide documentation that they are under a final order of deportation or some other official determination that they are in unlawful status. Lack of status is not the same. (From Down & Out, shelter manual 2006)
When asked for a social security number, applicants need only say that they are not applying for themselves and then just give the appropriate information for the family members for whom they are applying. They do need to report their income and share other required information.
The above information is available in a DTA brochure What Non-Citizens Need to Know - available in English, Haitian Creole, Portuguese, Spanish, Chinese, Khmer, Russian and Vietnamese.
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Public Charge
As of March 2021 USCIS is no longer applying the Trump Administration (August 2019/Februrary 2020) Public Charge Final Rule. USCIS will apply the public charge inadmissibility statute consistent with the 1999 Interim Field Guidance (rules in effect prior to the Trump Administration changes). USCIS is no longer considering an applicant's receipt of Medicaid (except for long-term institutionalization at the government's expense), public housing, or Supplemental Nutrition Assistance Program (SNAP) benefits as part of the public charge inadmissibility determination. More information, here.
On September 8, 2022, the Biden Administration published a new federal regulation defining the meaning of “public charge.” This new rule formalizes guidance currently in effect, and marks a strong move away from the wealth test enacted under the Trump administration which led to widespread fear among immigrants and deterred millions from receiving the assistance for which they qualified. The new public charge rule is scheduled to take effect on December 23, 2022. Again, this new rule formalizes guidance the Biden Administration issued in March 2021.
The US Department of Health and Human Services (HHS), through the Centers for Medicare & Medicaid Services (CMS), in July 2021 issued an informational bulletin to states’ Medicaid and Children’s Health Insurance Program (CHIP) agencies to remind them about their responsibilities to protect the rights of Medicaid applicants and their families. States are prohibited from sharing a Medicaid applicant’s or beneficiary’s information for reasons outside of administering the state’s Medicaid plan, such as determining eligibility or providing services. States also have an obligation to keep applicant information safeguarded and protected, and they are generally prohibited from sharing applicant information with the Department of Homeland Security/ICE. See the full Informational Bulletin: https://www.medicaid.gov/federal-policy-guidance/downloads/cib072221.pdf.
(In late April 2021 the United States Supreme Court has denied a request from Republican state attorneys general seeking to restore the Trump public charge regulations. The motion was filed by the attorneys general of Texas and 13 other states. As a result of the motion being denied, the Biden administration’s March 2021 reversal of the Trump policy remains in effect. (SCOTUS Update: Trump Public Charge Policy Remains Blocked!, Eddie Carmona, NILC, April 29, 2021.)
See the MGB Public Charge Rule SharePoint site.
Handouts for advocates and patients/families available in multiple languages: https://protectingimmigrantfamilies.org/know-your-rights/
Public Charge Rules
Public Charge describes persons the immigration service believes will become primarily dependent on public benefits. Depending on your immigration status, the USCIS and State Department consular officers abroad can refuse to let you enter the U.S., re-enter the U.S., or become a permanent resident, if they think you will not be able to support yourself without these benefits in the future.
Public charge is concerned with receipt of cash assistance (receipt of SSI, TANF/TAFDC or EAEDC) or whether you will require long-term care at public expense.
Benefits received by family members never count! Family members, including spouses and children, who receive cash assistance for income maintenance and long-term nursing home care at government expense will not impact your public charge analysis. (Source: https://miracoalition.org/wp-content/uploads/2022/10/Massachusetts-Safe-to-Use-Benefits-October-2022.pdf)
Public charge is NOT a concern for:
- Immigrants receiving non-cash benefits such as health care (except for Medicaid for long-term care), SNAP, WIC, housing, fuel assistance, child care vouchers, Emergency Disaster relief, etc.
- Immigrants who are applying to become citizens* (generally public charge is only a concern for those who do not yet have Legal Permanent Resident/Green Card status).
- Refugees or persons granted asylum
- Immigrants receiving cash payments that have been earned, such as Title II Social Security benefits (SSDI, retirement, survivor's benefits), government pensions, veterans' benefits and unemployment compensation. (Reference for this bullet: Federal Register / Vol. 64, No. 101 /Wednesday, March 26, 1999 see end of 6B - once again in effect after reversal of Trump Admin changes)
- Other green card applicants where public charge does not apply
- Including Registry, Suspension & Cancellation of Removal, Special Immigrant Juveniles, and in special adjustment of status cases (HRIFA, NACARA, Cuban Adjustment Act, Lautenberg, battered spouses/children of USCs/LPRs, U and T visa beneficiaries)
- Safe Benefits List for MA (10/22)
*There is one scenario when those who already have LPR/Green card status should be cautious - if they receive cash benefits AND travel outside the US for more than 180 days (about 6 months). (Exceptions to 180 allowance include, not a complete list, those who have committed some crimes or have "abandoned" their LPR status.
) For more information see Public Charge - When is it safe to use public benefits? -
Guidance from INS distributed by National Immigration Law Center, April 2001
Removal Based on Public Charge is very rare. Requires receipt of cash benefits or institutionalization within 5 years of entry for causes that existed before admission. Government must
- Have legal right to repayment
- Demand repayment
- Get judgment or order and fail to collect
Affidavits of Support (Immigrants with Sponsors)
Affidavits of support are required for most family-based permanent resident cases to which public charge admission rule applies.The sponsoring relative must sign and agree to support the immigrant at 125% FPL without receipt of means-tested benefit (joint co-sponsors allowed if income is too low to sponsor individually). A sponsor's affidavit is legally binding until the immigrant naturalizes OR can be credited with 40 quarters of work (can be from a spouse or a parent from before child turned 18) OR loses LPR status and departs.
Immigrants who have a sponsor may be concerned about applying for benefits and whether their sponsor may be liable to repay any benefits they receive.
In these cases we'd strongly recommend the immigrant/family consult with a legal services attorney familiar with immigrant access to benefits issues (even if they already have an immigration attorney). Patients may not think it is worthwhile to do so as they feel confident that they cannot apply for benefits - so the following may be used as background to encourage them to seek competent legal advice.
Pat Baker from Mass Law Reform Institute responds to CRC inquery about accessing benefits for immigrants with sponsors who have signed an affidavit of support (4/23):
- DTA does not enforce any affidavits of support against sponsors and we have never heard of a case where they have pursued a sponsor for recovery of benefits (I would distinguish that from child support obligations of a non-custodial parent who can be liable for repayment for TAFDC for benefits paid to a child- US citizen or eligible immigrant).
- In general, the immigrants who actually qualify for SNAP and TAFDC cash assistance either already have their LPR status; are refugees or asylees, Cuban Haitian entrants etc (do not have sponsors), are VAWA petitioners etc - or they are simply not eligible for SNAP or TANF for themselves (they may get benefits for US citizen dependents, for whom sponsors are not liable).
- It is true that a broader group of immigrants do qualify for EAEDC cash assistance - currently limited to immigrants who are either elderly or disabled. Some are "under color of law" and others are LPRs who are simply ineligible for SSI due to the restrictive SSI rules or are refugees, asylees etc who have timed out of the SSI 7 year benefits. We have never seen MA pursue any sponsors for payment of EAEDC cash assistance, not a single case.
It's impossible to say definitively that at no point in the future will any state pursue a sponsor for benefits paid to an immigrant. So I can only tell you what we know right now, and for the past 30+ years I have been working on these issues. I should also note, the above is not legal advice.
Bottom line, the choice vulnerable immigrants need to make (if they are not getting help from their sponsors) is how they survive if they do not get basic assistance from DTA and weighing that with the very unlikely scenario their sponsors will be pursued for support.
Again note, we strongly advise immigrants in this situation to consult legal services for individualized advice, but this can be helpful context for them to understand that it may be worth their time to do so.
Handouts and For More Information see:
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Trump Administration changes - below information is NO LONGER IN EFFECT
Effective date (everywhere in the US): February 24, 2020 to March 2021. The final rule applied only to applications and petitions postmarked (or submitted electronically) on or after Feb. 24, 2020 and only considered federal Medicaid, SNAP or federal housing benefits, etc. received after Feb. 24, 2020.
Public Charge Training PowerPoint (Community Resource Center, 2/13/20 - rev 2/26/20)
Key messages PRIOR to MARCH 2021
- Effective February 24, 2020 to March 2021.
- The new rule applies only to people whose green card application is filed (postmarked or submitted electronically) on or after February 24, 2020.
- The rule does NOT consider any newly listed benefits that are used before February 24, 2020. Benefits that were previously excluded from the public charge test (such as Medicaid and SNAP) will only be considered if they are received after the effective date.
- Many immigrants have status that is exempt from the public charge rules. Most immigrants who are applying for a green card are not eligible for the benefits listed in the rule.
- Exempt immigrants include: refugees; asylees; survivors of trafficking, domestic violence, or other serious crimes (T or U visa applicants/holders); VAWA self-petitioners; special immigrant juveniles; and certain people paroled into the U.S. Benefits received when people are in one of these statuses will not be counted against them.
- Lawful permanent residents (green card holders) are only subject to a public charge test if they leave the country for more than six months; they are not subject to a public charge test when applying for citizenship; they are not subject to a public charge test to renew a green card
- This public charge test does NOT consider benefits used by family members (with the possible exception of cash assistance that is your family’s primary source of income).
- New benefits counted in the public charge test are receipt of SNAP, federal public housing and section 8, Medicaid (except for emergency services, children under 21 years, pregnant women, and new mothers) and cash assistance programs (like SSI, TANF, General Assistance).
- Services that are not listed above should not be counted in the new public charge test. This includes WIC, school lunches, food banks, shelters, and more; these programs are safe to get if you are eligible.
- Note: different rules already apply to those applying for a green card or visa from OUTSIDE the US.
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Health Care Coverage
See: Basic Needs-Health Care Coverage-Immigrants
Key resource: Understanding the Affordable Care Act in MA: Eligibility of non-citizens for MassHealth & other subsidized health benefits (10/15)
Health Reform and Immigrants - Newsletter article and link to the fact sheet to help staff assist immigrant patients to understand coverage options and the individual mandate requirements under Massachusetts' Health Care Reform. Note disclaimer in newsletter article.
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Other Resources
Patient Handouts from the CRC
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