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Nutritional Assistance The federal welfare reform law of 1996 left many legal immigrants without much needed food assistance, resulting in a cost-shift for those states that chose to pick up the slack. Estimates suggest that approximately one million immigrants will lose federal food stamp benefits due to the 1996 law. The value of their lost benefits is estimated at $70 million per month. Eleven states have chosen to purchase federal food stamps or develop state-funded programs. A significant number have also allocated additional funds for emergency food assistance. The 1998 Agriculture Research restored Food Stamp benefits to certain classes of immigrants (primarily disabled immigrants, immigrants over 65 years of age, or immigrants under 18) effective November 1, 1998. Most legal immigrants had been eligible for food stamps as long as they met the income and resource requirements expected of citizens. To qualify, an applicant's net income had to be below the federal poverty line - $16,050 for a family of four in 1997. During their first three years in the U.S., immigrant applicants were required to include the income of their U.S. sponsor when applying for benefits. Some immigrant categories had already been excluded from food stamp assistance under previous law: PRUCOL, nonimmigrants, and undocumented immigrants. Only the following groups were eligible: legal permanent residents; refugees, asylees, parolees, and those granted withholding of deportation; Cuban/Haitian entrants; lawful temporary residents under the farmworker program (SAWs); and aliens granted family unity.Immigrants in all categories were eligible for emergency food assistance. All 50 states match federal assistance, at differing levels, to emergency food providers under the Emergency Food Assistance Programs. The 1996 federal welfare reform law, the Personal Responsibility and Work Opportunity Reconciliation Act (P.L. 104-193), eliminated food stamp eligibility for most non-citizens as of August 22, 1997, until they become citizens, can demonstrate 40 qualifying quarters of work in the United States, or meet the following five-year or military exemptions. Refugees, asylees, and those granted withholding of deportation are exempt from the food stamp ban for their first seven years in the United States The Balanced Budget Act of 1997 added Cuban-Haitian entrants and Amerasians to the exemption. Veterans, active duty military, their spouses, and unmarried dependent children are also exempt from the food stamp ban, although they are subject to the sponsor income deeming requirement. Both qualified and not qualified immigrants retain eligibility for emergency food assistance. Legal immigrant children continue to be eligible for the following child nutrition programs as well: school lunch, summer feeding programs, child care programs and the Women, Infants and Children (WIC) program. Undocumented immigrant children are eligible for school lunch and school breakfast. The Agriculture Research, Extension, and Education Reform Act, signed into law by President Clinton on June 23, 1998, restored benefits to approximately 250,000 legal immigrants -- primarily elderly, disabled, and children under 18 -- who arrived in the country before welfare reform's enactment. The $818 million package provides benefits for about one-third of those who lost benefits as a result of welfare reform. In addition, the exemption to the lifetime bar for refugees, asylees, those granted withholding of deportation, Cuban/Haitian entrants, and Amerasians was extended from five years to seven by this Act. States can choose to provide state-funded food stamps to immigrants made ineligible by federal law. The federal FY 1997 Emergency Supplemental Appropriations law (enacted June 12, 1997) made it possible for states to purchase food stamps from the federal government, saving them the expense and duplication of setting up a new system. States pay the U.S. Department of Agriculture (USDA) the value of the benefits plus any federal costs such as printing and shipping. The cost for printing, shipping, and redeeming coupons is $2,800 for every $1 million in coupons. Eligibility for Federally Funded Food Stamps is Limited to:
State Action Thirteen states have chosen to provide state-funded food assistance to some or all legal immigrants who will lose federal food stamp eligibility due to the welfare reform law, either by purchasing federal food stamps or funding state programs. The thirteen states are California, Colorado, Florida, Illinois, Maryland, Massachusetts, Minnesota, Nebraska, New Jersey, New York, Rhode Island, Texas and Washington. Many states also appropriated additional funds for emergency food assistance. The USDA has approved the purchase of federal food stamp coupons for legal immigrants by nine states: California, Florida, Illinois, Maryland, Nebraska, New Jersey, New York, Rhode Island and Washington. California allocated $35 million to replace food stamps for some 40,000 children and elderly immigrants residing in the United States as of August 22, 1996. Florida will provide about $12 million in food stamps for immigrants 65 and older, resident as of February 1, 1997. Illinois' governor has announced $4.7 million to support nutrition services for the remainder of fiscal yar 1998 for 14,800 elderly, disabled and child immigrants who lost their federal food stamps. Maryland plans to spend $2.15 million on state-run food stamp benefits for legal immigrant children. Benefit levels will be the same as those for citizens-approximately $80 per child. Nebraska will provide state-funded benefits to approximately 2,240 immigrants at the federal level. The governor of New Jersey approved $15 million for legal immigrant children, elderly and disabled, who were resident as of August 22, 1996. The benefit is available for their first five years in the United States, at which time they are eligible to apply for citizenship. New York permits counties and New York City to provide food assistance for individuals under 18 or over 65 years of age, resident as of August 22, 1996, who apply for naturalization within 30 days. New York City and 18 counties are participating and paying 50% of the costs. Rhode Island will provide food stamps to immigrants resident as of August 22, 1996. Washington appropriated $65 million to purchase food stamps for all legal immigrants made ineligible by federal law, at the federal benefit level. Legislation was introduced in many other states but failed to pass, and several states are reviewing the food stamp purchase option. Massachusetts, Minnesota, and Texas have developed state food benefits. Massachusetts appropriated $5 million for food stamps to legal immigrants, with benefits expected to be between $15 and $24 per person per month. Benefits will eventually be provided via electronic benefit transfer. Minnesota is providing "Minnesota grown" coupons at 35 percent of the federal benefit level, for those residing in Minnesota as of July 1, 1997. Recipients must work towards citizenship. The governor of Texas has announced a plan to provide up to $18 million to approximately 28,000 aged and disabled immigrants. The average benefit will be $53 per month, distributed via the state's electronic benefit transfer system. All states provide matching funds for emergency food assistance, which is available to all immigrant groups. Reported increases in emergency food demand throughout the country have prompted several states to increase funding for food banks and emergency food assistance providers. Montana and Massachusetts, for instance, have appropriated $50,000 and $3 million, respectively, for emergency feeding services support. Colorado appropriated $2 million for emergency assistance, which may be used for food. California allocated $2 million for the food assistance needs of the legal immigrant, migrant seasonal farmworker population. State Action on Immigrant Food Assistance Conclusion Although several states have taken significant steps to fill the gap in nutritional assistance for immigrants, many immigrants remain in vulnerable positions after the food stamp cuts in the federal welfare reform law. State legislatures are unable to completely fill the gap created by federal cuts, and many immigrant groups are yet to be covered. Further, many states with the highest immigrant food stamp populations before welfare reform have not passed state food stamp provisions. Sources and References
Contacts and Referrals: Center for Budget and Policy Priorities Food and Consumer Services Carole Trippe "Welfare Reform and Immigrants" is published by the Immigrant Policy Project of the State and Local Coalition on Immigration. Members of the State and Local Coalition are: the National Governors' Association, the National Conference of State Legislatures, the United States Conference of Mayors, the National League of Cities, the National Association of Counties, and the American Public Welfare Association. The Project is funded by the Andrew W. Mellon Foundation. This issue brief series is supported by the Ford Foundation. The Project is located in the Washington, D.C. office of the National Conference of State Legislatures. Contacts NCSL: Sheri Steisel (202) 624-5400 Staff |
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