2006 Steven M. Goldstein Award for Excellence. Legal Services of Greater Miami, Inc. Cuban-Haitian Entrant Project

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1 2006 Steven M. Goldstein Award for Excellence Legal Services of Greater Miami, Inc. Cuban-Haitian Entrant Project 1. Provide a written summary of the project, not to exceed three letter sized, single spaced sheets, including descriptions of: a. Major goals and objectives of the project; b. The time frame of the project from initiation to finish or current status (if not concluded, indicate projected future events in the project); c. Advocacy and strategies used in the project; d. Obstacles overcome during the project and how they were surmounted; e. The achieved/potential client/community impact; and f. Any particularly creative or innovative advocacy or activities contributing to the project s success. In mid-2003, attorneys with the Employment and Economic Security unit of Legal Services began to see a rash of Cuban-born clients who were denied supplemental Security Income (SSI) based on their immigration status. They all shared similar immigration backgrounds, namely, they had all come to United States on a tourist visa and then adjusted to lawful permanent residents by meeting the requirements of the Cuban Adjustment Act. They also all had a CU6 classification on their residency cards. The denial on the part of the Social Security Administration, the federal agency that administers the SSI program, was a departure from its usual practice. Historically, the Social Security Administration had determined that any Cuban with a CU6 classification on their residency card was a Cuban Haitian entrant. A Cuban Haitian entrant is alien eligible for SSI. The decision to deny these immigrants meant that a large portion of the Miami-Dade County community would go without any federal aid. This was valuable assistance as SSI is a federal aid program that provides income to individuals who are elderly and/or disabled. These immigrants had few, if any, other sources of income. The attorneys who worked on this project were adamant that this change in policy reflected a misguided attempt to fashion a new, and limited, definition of what makes an immigrant a Cuban Haitian entrant. The administration was now defining the term to only include those individuals who had paroled into the United States, and not to include those who had entered on a tourist visa. There was no accompanying change in federal law that would explain why the administration had decided to change its own rulings. The attorneys strategy was three-fold. First, provide the Social Security Administration with a legal argument explaining why the term Cuban-Haitian entrant would include those Cubans who arrived in the United States with a tourist visa. Second, involve the media. The local

2 newspaper, the Miami Herald, published several stories detailing the attorneys efforts on the part of their clients. Third, use public support, including the support of two leading Congresspersons, to motivate the Social Security Administration to change its policy. The attorneys hoped that this would lead to a reversal of the Administration s policies and a return to their previous policy, one that found that all Cubans who adjusted to residency under the Cuban Adjustment Act would be eligible for SSI. The attorneys who worked on this case submitted a brief to the Administrative Law Judge who was reviewing the cases. That jijdge determined that these immigrants were eligible for SSI. However, the Appeals Commission, the next appellate body, remanded the case to the judge for further development on the theory that the judge may have misconstrued portions of the immigration law. The cases were then heard by the Chief Administrative Law Judge, Judge Ravinski. In order to comply with the directive of the Appeals Commission, an immigration official was present at this second hearing. The official could not define a Cuban Haitian entrant and stated that this was not a term used by immigration officials. This meant that the immigration official was not able to pose a counter- argument to the ones offered by our attorneys. The crux of our argument was that the Social Security Administration s decision to change the definition of a Cuban Haitian entrant did not correspond to any change in federal, state, or local law, which is a violation of the Administrative Procedures Act. They further argued that the act that defines a Cuban Haitian entrant was broad enough to encompass those Cubans who adjusted after having arrived on a tourist visa. Congressman Lincoln Diaz-Balart and Congresswoman Ilenia Ros-Lehtinen were apprised of the Administration s most recent steps to deprive Cubans and Haitians of SSI. (I have enclosed a copy of Congressman Balart s letter.) They both immediately contacted Jo Anne Barnhart, the Secretary of the Social Security Administration, to inquire as to the reasons for the administration s hard-line position. Ultimately, in May of 2005, the Social Security Administration issued new guidelines setting out the definition of Cuban Haitian entrant. The Commissioner also wrote to Congressman Diaz-Balart to inform him that recent court challenges in this area caused them to reexamine the legal provisions that relate to Cuban Haitian entrant status and the basis for our rules in the SSI program. This statement on the part of the Commissioner confirms that our work.on this issue had prompted a change in policy. (A copy of this letter is also enclosed.) The Social Security Administration also changed its policy with regards to other immigrants who had adjusted to permanent residents through different immigration laws. For instance, Cubans who had adjusted based on the Nicaraguan and Central American Relief Act (NACARA), were also found eligible. So were Haitians who had adjusted under the Haitian Refugee Immigration Fairness Act (HRIFA). This was a huge victory for those immigrants and vastly increased the number of immigrants who would receive benefits.

3 This was especially gratifying for our staff as the new administration position was a direct result of the work of attorneys. Attorneys on staff had argued in two other cases that Cubans who adjusted under NACARA were Cuban Haitian entrants. Significantly, the United States District Court of the Southern District of Florida issued two decisions finding our clients eligible for SSI based on the arguments our attorneys presented. Nonetheless, the Social Security Administration continued to argue against our position. Commissioner Barnhart s letter confirmed that the administration had ultimately decided that we were correct. Similarly, our attorneys had a case pending at the Miami Office of Hearings and Appeals involving a Haitian who had adjusted under HRIFA. Despite repeated denials by the administration, our attorneys continued to argue that this individual was eligible as a Cuban Haitian entrant. Again, the Commissioner s response finding that Haitians who adjusted under HRIFA were eligible, confirmed that our work was changing the administration s policies on a large scale. 2. Indicate the names, positions, office addresses and telephone numbers of the staff primarily responsible for the project and attach copies of their resumes. Lizel Gonzalez was the lead attorney, with Vivian Chavez assisting as co-counsel. Jose Fons provided support. Lizel Gonzalez, Co-Senior Attorney 3000 Biscayne Boulevard, Suite (Phone) Vivian Chavez, Directing Attorney South Dade Law Center Caribbean Boulevard, Suite 400 Miami, FL (Phone) Jose Fons, Senior Attorney 3000 Biscayne Boulevard, Suite (Phone) 3. Indicate the total number of hours spent on this project for each of the primarily responsible staff and indicate whether the time is substantiated by contemporaneous time records or estimated.

4 We estimate that more than 2,000 hours were spent assisting clients within the targeted population. We are unable to provide fixed figures for the time spent since we represented over 50 clients over the course of two years. In addition to client advocacy, we also met with newspaper and television reporters, discussed these issues with other legal services providers, and conducted community educatior4 presentations, which also meant additional expenditures of time. 4. Provide a breakdown of any significant expenses (other than staff time) incurred by the program in connection with the project. There were no significant expenses related to this project. 5. If available, provide no more than two writing samples from the project that are illustrative of the quality of work in conducting this project. I have enclosed the brief submitted by the attorneys who worked on this project that details their arguments to the Social Security Administration. 6. Provide copies of any newspaper or other media coverage of the project or its results. Attached you will find three newspaper articles published on March 21, 2005, April 7, 2005, and May 12, 2005 in the Miami Herald. This article was picked up by other news services. 7. If the project involves a litigated matter, indicate the case name, court in which filed, case number and, if available, a copy of any final judgment, court consent judgment and/or settlement agreement. We were able to reach a satisfactory resolution with the Social Security Administration regarding this matter without filing suit in a tribunal. 8. Provide the names, addresses and telephone numbers of up to three persons not on staff who are familiar with or have been assisted by the project. As to such persons, indicate their relationship to the project. Barbara Diaz 170 W. 32nd Street Hialeah, Fl Client assisted by the project. Carios Barco 44 NW 44th Avenue Miami, Fl Client assisted by the project.

5 Valory Greenfield, Esquire Florida Legal Services 3000 Biscayne Boulevard, Suite , Extension 205 Colleague familiar with our Cuban Haitian entrant work. 9. Provide a statement, not exceeding 100 words, as to why you feel this particular project merits consideration for this award. The attorneys who worked on this project presented novel theories with ground- breaking results for immigrants. Due to their strong advocacy, the Social Security Administration changed its policy, thereby allowing thousands of otherwise ineligible Cuban and Haitian immigrants to receive life-sustaining financial assistance. This is a victory, not only for the Cubans and Haitians entrants, but to all future recipients of SSI as well. Because of our efforts, the Social Security Administration has been placed on notice that it cannot unilaterally change policy and forego the requirements of the Administrative Procedures Act.