Immigrants and Welfare Benefits

I apologize for the long delay between blog postings. I have been very busy at work and have been unable to give this blog the attention that it needs and deserves. Things have calmed down so I hope to start posting more regularly.

Several comments on the blog concern welfare benefits and which welfare benefits immigrants may receive from the government. The short answer is—not many. 

For this blog I have used the National Immigration Law Center as a primary resource.  You can access most of this information by clicking here. The Los Angeles-based advocacy organization studies the intersection between welfare benefits and immigration and is the noted expert in this field. 

There is general agreement that the net cost to the United States of undocumented immigrants is minimal. According to the noted conservative think-tank the Cato Institute “[t]he typical immigrant and his or her descendants pay more in taxes than they consume in government services in terms of net present value.”

The non-partisan website Factcheck.org has analyzed this issue and has found that while there is no agreement as to how much money is spent by the government on undocumented immigrants, the net cost to state and local governments of undocumented immigrants living in the states and using public benefits including education is modest. 

“A 2007 report by the nonpartisan Congressional Budget Office examined 29 reports on state and local costs published over 15 years in an attempt to answer this question. CBO concluded that most of the estimates determined that illegal immigrants impose a net cost to state and local governments but 'that impact is most likely modest.' " the CBO said. "No agreement exists as to the size of, or even the best way of measuring, that cost on a national level."  

The next issue is which governmental benefits are available to immigrants:

Benefits Open To Everyone Regardless Of Immigration Status

As many readers have noted, all children living in the United States, regardless of their status or the status of their parents, are eligible for a free public school education. In 1982, the Supreme Court found that to deny a public school education to children based on their immigration status would be unconstitutional. Plyer v. Doe, 457 U.S. 202 (1982).

Everyone in the United States, regardless of status, is eligible for emergency Medicaid. Emergency Medicaid covers treatment of an emergency medical condition where if the patient does not receive immediate medical attention it could reasonably be expected to result in 1) placing the patient’s health in serious jeopardy; 2) result in serious impairment to bodily functions; or 3) result in serious dysfunction of any bodily organ or part.  2 U.S. C. § 1396b(v). Labor and delivery services for pregnant women are included as part of emergency Medicaid.

The following programs are open to all people living in the United States regardless of their immigration status:

• Public health programs providing immunizations and/or treatment of communicable disease symptoms;
• School breakfast and school lunch programs;
• Special Supplemental Nutrition Program for Women, Infants, and Children;
• Short-term non-cash emergency disaster assistance;
• Child and adult protective services programs;
• Homeless shelters;
• Domestic violence shelters;
• Soup kitchens;
• Meals-on-Wheels;
• Medical, public health, and mental health services necessary to protect life or safety;
• Disability or substance abuse services necessary to protect life or safety; and,
• Programs to protect the life or safety of workers, children, youths, or community residents. 

Federal Benefits Open To All U.S. Citizens And To Qualified Immigrants

Now it starts to get complicated as to who is eligible for benefits. To qualify for welfare benefits, all immigrants must first meet all of the requirements that U.S. citizens must meet such as income and employment requirements. Then immigrants are subject to extra scrutiny to determine if they qualify for the program based upon their immigration status. In 1996, when Congress passed the Welfare Reform Act, the law created two categories of immigrants for welfare purposes: qualified immigrants and non-qualified immigrants.

Qualified Immigrants

The following groups of immigrants are qualified immigrants and are eligible for welfare benefits: 

•  Lawful permanent residents (green card holders) who have had their green cards since Aug. 22, 1996, and were already receiving public benefits on Aug. 22, 1996;
•  Green card holders who have 40 quarters of credit with the Social Security Administration and have had their green cards for the past five years qualify for public benefits. Undocumented immigrants often pay into Social Security for years before legalizing their status and can often count these quarters.  Green card holders can count the quarters that their spouse earned during their marriage, provided they are still married; and the quarters that their parents earned when the applicant was under the age of 18; 
•  Refugees and asylees are eligible for public benefits for seven years after coming to the United States. Refugees and asylees are people who have had to flee their home country because they were being persecuted generally because of their religion, or political opinion. They generally have nothing other than the clothes on their backs when they come to the United States.  
•  Cuban and Haitian immigrants;
•  People who are married to or believed they were married to a U.S. citizen or permanent resident who subsequently abused them or their children.  This group includes the children of the abused adults and the parents of the abused children;
•  Victims of human trafficking;
•  Certain Amerasian immigrants;
•  Iraqi and Afghan special immigrants who worked with the United States government in their home countries;
•  Immigrant veterans, active-duty immigrants, and the spouses and children of the veterans and military personnel; and,
•  Native Americans either born in Canada or a Native American tribal member born outside of the United States.

Non-Qualified Immigrants

Non-qualified immigrants include everyone who is not a U.S. citizen or a qualified immigration. They are ineligible for most federal and state public benefits except the programs listed above such as emergency Medicaid,  and certain nutrition programs.

California State Benefits

California has more lenient standards for eligibility for welfare benefits for immigrants than the federal government. 

State Cash Assistance Program for Immigrants (CAPI)

Senior citizens and persons with disabilities who do not meet the requirements for SSI are eligible for this program provided they meet the financial guidelines. All U.S. citizens are certain immigrants are eligible for this program. To qualify for this program, immigrants must either be a green card holder, refugee, asylee, the victim of human trafficking, or are or have been the victim of a violent crime.

Food Stamps (SNAP) Or CalFresh

U.S. citizens and immigrants who are under 18 years old or have been in qualified immigrant status for five years or more; or were granted refugee or asylee status, or are a veteran or on active duty military including their spouses and children; or are already receiving disability-related assistance are eligible for food stamps.

California Food Assistance Program

U.S. citizens and immigrants who are not otherwise eligible for food stamps can qualify for the California Food Assistance Program if they are a lawful temporary resident or the victim of human trafficking, or of a violent crime.

CalWORKS

U.S. citizens and immigrants who are victims of human trafficking or of a violent crime; have been granted an indefinite stay of removal; or are legally residing in the United States on a permanent basis are eligible for this program.

Healthy Families

U.S. citizens and immigrants who are lawfully residing in the United States or are the victim of human trafficking or of a violent crime are eligible for this program.

Breast and Cervical Cancer Programs

All women with either breast cancer or cervical cancer are eligible for cancer treatment. Women get 18 months of treatment for breast cancer and 24 months of treatment for cervical cancer. 

In-Home Supportive Services

U.S. citizens and immigrants who are lawfully residing in the United States or are the victims of human trafficking or of violent crimes are eligible for this program.

California County Benefits

All “qualified immigrants” are eligible for benefits provided by the various counties. For “non-qualified immigrants” eligibility for county benefits depends on the county.

Conclusion

All immigrants are eligible for a free public school education and for emergency medical benefits. Certain immigrants, namely those who have been paying into Social Security for 10 years and who have been green card holders for five years are eligible for most benefits. Most other immigrants, documented and undocumented, are ineligible for most public benefits. Most importantly, the net cost to the United States and to the individual states for moneys paid to immigrants is off-set by tax revenue from the same groups and is modest at best.