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1 Benefits and Legal Non-Citizens Audio Portion: Web Portion: Code:

2 Disclaimer We re not here to debate immigration policy, advocate any position, or to provide legal counsel! 8

3 Agenda Why we re focusing on this topic Legal precedents Categories of non-citizens Core benefits: who can get what Challenges encountered by benefits counselors and clients Opportunities to serve this population Resources 9

4 Why we re focusing on this topic ~5 million seniors aged 65+ born outside the U.S. Half a million migrated in the last decade 72% eventually become naturalized citizens 38% of foreign-born seniors have incomes below 200% FPL More than half of foreign-born don t speak English very well ; over half of seniors with limited English proficiency have incomes below 200% FPL 10

5 Legal precedents Immigration and Nationality Act Created in 1952 with subsequent amendments Basic body of law governing types of immigrants and their legal status Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) a.k.a. welfare reform Passed August 22, 1996 Placed significant restrictions on access to benefits for legal immigrants Other legislation whereby people can be admitted to stay in the U.S. lawfully (e.g., trafficking/torture victims, refugees/asylees) 11

6 Categories of non-citizens Qualified aliens: Legal permanent residents (green card holders) Refugees Asylees Removal or deportation withheld/parolees/conditional entrants Cuban/Haitian entrants Trafficking/torture victims and battered non-citizens Iraqi/Afghan special immigrants 12

7 Categories of non-citizens (cont.) Non-qualified aliens: Don t fit into any of the qualified alien categories Illegal immigrants Those legally present in the U.S. for discrete periods (tourists, students, temporary workers) Native Americans born in Canada with at least 50% American Indian blood Non-citizen members of federally recognized tribes Hmong or Highland Laotian tribal members who assisted the U.S. in a military or rescue operation during Vietnam 13

8 Core Benefits: Medicare and the Part D Low-Income Subsidy (LIS/Extra Help) Legal non-citizens aged 65+ can get Medicare if: They qualify to collect Social Security (i.e., have a SS# and enough earned work credits) OR They are legal permanent residents who have lived in the U.S. for 5 continuous years prior to applying for Medicare Non-citizens able to enroll in Medicare (Parts A & B) are also able to get LIS if they meet qualifying criteria re: income and resource limits 14

9 Core Benefits: Medicaid and the Medicare Savings Programs Medicaid: Qualified aliens (LPRs) must meet income and asset requirements and have lived in the U.S. >5 years States may impose further restrictions, e.g., work or naturalized citizenship requirement Special categories of non-citizens (refugees, families of U.S. Armed Forces members, those admitted on humanitarian grounds) aren t subject to residency or more strict requirements MSPs: Because MSPs are administered through state Medicaid, noncitizens must meet those requirements + be eligible for Medicare 15

10 Core Benefits: Supplemental Security Income (SSI) Can get SSI if a legal permanent resident and: Arrived before Aug. 22, 1996 and is blind/disabled Arrived before Aug. 22, 1996 and received SSI before that date (and remains otherwise eligible) or Legally admitted under the INA and has 40 work credits Other legal non-citizens who may be eligible: U.S. armed services veteran (or spouse/child of a veteran) Non-citizen members of a federally recognized tribe Those with specified refugee/immigrant status 16

11 Core Benefits: SSI (cont.) Important: Non-citizens who entered the U.S. on/after Aug. 22, 1996 may not be eligible for SSI for the first five years even if they have 40 qualifying work credits Some non-citizen SSI recipients are subject to 7-yr. time limit on benefits Note: Your clients will lose SSI in any full month they are outside the U.S. (e.g., Puerto Rico, Guam) and for 30 days after they return 17

12 Core Benefits: Supplemental Nutrition Assistance Program (SNAP) Qualified aliens and many categories of legal, non-qualified aliens may be eligible Certain qualified aliens must meet one of the following additional conditions, e.g. : 5 years of residence 40 qualifying work credits Have a military connection Blind/disabled Born before 8/22/31 and living in the U.S. prior to PRWORA No time limits on receipt of benefits 18

13 Core Benefits: Low Income Home Energy Assistance Program (LIHEAP) Eligible for LIHEAP Assistance: U.S. Citizens U.S. Non-Citizen National born in outlying possessions of the U.S. such as American Samoa and Swains Island Qualified Alien Indian Tribes and Tribal Organizations and Territories* Special Circumstances for Non-Qualified Alien: Cooling centers or weatherization of multi-unit buildings not considered a Federal public benefit Mixed households contains a mix of U.S. citizens/qualified aliens and non-qualified aliens 19

14 Challenges: Verifying Immigration Status Proof of U.S. Citizenship, National or Qualified Alien: Birth Certificate Hospital Records Military Record of Service USCIS Documentation U.S. Passport Naturalization Certificate (N-550 or N-570) Certificate of Citizenship (N5-560 or N-561) American Indian Card 20

15 Challenges: Sponsorship Under law, anyone who immigrates under a relative s petition must have a financial sponsor Sponsors must have income at or above 125% FPL Sponsor guarantees immigrant won t rely on public benefits: Sponsor and his/her spouse s income can count toward income/assets in federal, means-tested benefits applications Benefits-administering agency can seek reimbursement from sponsor if relative gets benefit Sponsorship ends only when immigrant: Becomes a citizen Has 40 work credits Permanently leaves the U.S. Dies 21

16 Challenges: Becoming a Public Charge Public charge = U.S. Citizenship and Immigration Services determines person is dependent on gov t. assistance for subsistence Determination made when person applies to come to/stay in U.S. as LPR, or change their status doesn t apply to people who seek to become naturalized citizens or those who come as refugees/asylees/other special humanitarian categories. Determination based on: Age Health Assets Education/employment background Financial resources 22

17 Challenges: Becoming a Public Charge (cont.) Benefits exempt from public charge considerations: Medicaid (except for LTC) Food assistance Energy assistance Emergency assistance Other non-cash benefits or community supports Benefits counted toward public charge: SSI TANF Long-term, institutional care State and local cash assistance 23

18 Challenges: Language and Cultural Barriers Distrust of authority/government Concerns about citizenship & deportation Literacy Translation Dependency on children and other family members 24

19 Opportunities: Collaboration with CBOs Community Centers Legal Services Health Clinics/Health Centers Interpreter and Translation Services 25

20 Examples of Success Western Reserve Area Agency on Aging in Ohio has partnered with Asian Services in Action, Inc. to serve as part of Access Your Benefits coalition Missouri: Bi-Lingual International Assistance Services (BIAS) Contracted as interpreter agency for Social Security Staff are trained CLAIM (State Health Insurance Assistance Program) counselors Elder accompaniment to assist with benefits enrollment Help with naturalization (educating clients about process) Connect those who may be losing benefits due to time limits with other resources 26

21 Resources Center Issue Briefs: Crossing New Frontiers: Benefits Access among Isolated Seniors Cultural Competence and Benefits Access Immigration and Citizenship Resources: U.S. Citizenship and Immigration Services: Department of Homeland Security Immigration info: 27

22 Resources (cont.) Guidance on Benefits: SSI for Non-Citizens: SNAP Guidance on Non-Citizen Eligibility: Citizen_Guidance_ pdf Publications: Sponsored Non-Citizens and Public Benefits (GAO): Immigrant Access to Health and Human Services (Urban Institute): Health-and-Human-Services.pdf 28

23 Contact Us Brandy Bauer: Chansopine Som: Visit us on the Web at: 29

24 Next Center for Benefits Webinar SNAP and the Aging Network These are tentative dates: TBD Watch your for more info and registration links 30