STATE TRENDS

Welfare Reform and Immigrants: STATE TRENDS

Immigrant Policy Project at NCSL
July 15, 1997

In general, most states seem to be codifying the federal welfare law as it relates to qualified and not qualified aliens: providing assistance to those here prior to enactment; denying benefits to new arrivals; and grappling with providing services for populations considered the most vulnerable. Several states have statutory or constitutional barriers to limiting assistance to categories of legal immigrants (New York's constitution requires benefits for all needy residents; Colorado's Old Age Pension is available to all residents; Massachusetts has language making benefits available to PRUCOL immigrants; Pennsylvania can not discriminate between aliens and citizens).

While not a comprehensive survey of the states, the following summary and examples provide an indication of state trends. This summary of cash, medical, and nutrition assistance and naturalization initiatives is principally based on the legislative summaries of State LegisLine, a bi-weekly newsletter of the Immigrant Policy Project at the National Conference of State Legislatures. For more details on legislation referenced in this summary, please refer to State LegisLine.

The Federal Welfare Law

Under the Personal Responsibility and Work Opportunity Act of 1996, states have the option to provide or deny Temporary Assistance for Needy Families (TANF) and Medicaid to qualified aliens residing in the U.S. before August 22, 1996, the date of enactment of the welfare reform law. New arrivals, other than refugees, are barred from federal means-tested benefits for their first five years in the country. Emergency medical assistance must be provided to both qualified and not qualified aliens. The law permits immunizations and testing and treatment for communicable disease, but prohibits the use of Medicaid funds for such purposes. Federal Supplemental Security Income (SSI) and Food Stamp benefits are barred to legal immigrants until they become citizens or attain 40 qualifying Social Security quarters. For a comprehensive summary of the immigrant provisions of the 1996 welfare law, please see page 6 of the November 1996 issue of Immigrant Policy News … The State-Local Report.

Cash Assistance

States must determine whether they will provide TANF under the state option for qualified aliens. States must also determine whether they will provide cash assistance to the elderly, blind, and disabled legal immigrant residents who will lose their SSI in August/September of 1997.

TANF. As of July 15, 1997, all 50 states, the District of Columbia, the U.S. territories of Guam and the Virgin Islands, and the Commonwealth of Puerto Rico had filed TANF plans with the U.S. Department of Health and Human Services (HHS). Of those, only Alabama has chosen to deny TANF to all immigrants. Earlier state plans from Kentucky, West Virginia, Louisiana, and Wyoming indicated that TANF benefits would be denied, but all four states have since changed or clarified their plans to provide TANF to qualified immigrants. Though post-enactment immigrants may not receive federal TANF money for five years, some states may provide state-only TANF benefits. Utah law will provide up to 36 months of cash assistance to legal resident noncitizens barred from receipt of federal benefits. Washington will continue eligibility for new arrivals, but requires 12 months residency. Nebraska allows qualified immigrants to receive aid to dependent children, regardless of their date of entry, though deeming applies. Ohio recently passed legislation requiring the Ohio Department of Human Services to draft regulations on eligibility, including residency and citizenship requirements, for the Ohio Works program and Ohio's disability assistance program.

State-Funded Cash Benefits. States seem to be pursuing one of three options in providing an SSI-replacement cash benefit for immigrants: access to or expansion of the state's general assistance program, access to or expansion of the state's SSI-supplement or disability benefit program, and creation of a new program. A few states have opted to create completely new programs. For example, Rhode Island legislation establishes a new cash assistance program for disabled and elderly legal immigrant residents who were receiving state supplementary assistance on July 1, 1997 but lost eligibility for federal benefits due to the federal welfare reform law. Most states, however, are considering the first two methods. Washington has enacted legislation permitting immigrants who lose their SSI to apply for the state's general assistance-unemployable program. Enacted Colorado legislation makes legal immigrants, regardless of date of entry, eligible for the state's Old Age Pension, Aid to the Blind, and Aid to the Needy Disabled programs; sponsor deeming may apply. Nebraska allows qualified immigrants to receive aid to the aged, blind and disabled, regardless of their date of entry, though deeming applies. California would permit immigrants who lose SSI to continue receiving the state supplement for SSI. Illinois legislation allocates $10 million for an SSI-replacement program, separate from the state's general assistance program, which is not administered statewide. While no state is able to match the federal benefit level, many are trying to provide as much cash assistance as possible. State resources will likely provide approximately one-half of the federal monthly benefit.

Deeming. In general, most states are expecting the new, enforceable affidavits of support to be reliable tools and plan to deem in accordance with the welfare reform law. This means that the immigrant's sponsor's income, and that of the sponsor's spouse, will be attributed to the immigrant in determining eligibility until the immigrant has achieved citizenship or 40 Social Security qualifying quarters. Newly enacted laws in Arizona, Colorado, Florida, Maryland, Nebraska, Rhode Island and Washington include deeming provisions. The Washington law does make an exception for victims of domestic violence for veterans and in cases where the sponsor is dead or incapacitated.

Residency. Georgia permits qualified immigrants in the U.S. before August 22, 1996 to receive TANF; newly-arriving immigrants are eligible only to the extent required by federal law, and aid is limited to 12 months of cash assistance. Washington will continue TANF, Medicaid, and SSBG services to legal immigrants; those arriving after August 22, 1996 must reside in the state for 12 months before applying for benefits. Maryland will provide TANF to legal immigrants who were in the U.S. before August 22, 1996 and resided in the state for 12 months or moved to the state from another that provided cash assistance to immigrants; immigrants arriving after August 22, 1996 must meet program and residency requirements.

Domestic Violence Several states have introduced provisions which exempt immigrant women and their children from citizenship requirements if they are victims of domestic violence. Recently enacted Connecticut legislation provides eligibility for General Assistance, temporary family assistance, Medicaid and home-care services for victims of domestic violence, regardless of citizenship status. Proposed California legislation would do the same for CalWORKS program services.

Medical Assistance and Health Benefits

The Health Care Financing Administration (HCFA) of HHS has informed states that if they intend to deny Medicaid to qualified aliens in the U.S. prior to August 22, 1996, they must file a state plan amendment. According to HCFA, two states have filed such amendments: Louisiana and Wyoming. West Virginia had initially filed an amendment, but later decided to provide medical assistance to qualified aliens.Minnesota has enacted legislation barring undocumented and nonimmigrants from medical care other than emergency services, but exempts children, Cuban-Haitian entrants, and aliens who are aged, blind or disabled.

Medical Assistance for Post-Enactment Immigrants. Nebraska allows qualified immigrants to receive medical assistance, regardless of their date of entry, though deeming applies. Minnesota will provide Medicaid benefits to legal post-enactment immigrants who have sponsors and affidavits of support. Washington law will continue Medicaid to post-enactment immigrant families where the parent, parents, or legal guardians have resided in the state for at least 12 months prior to application. Maryland law will provide medical care and other health services for legal immigrant children and pregnant women arriving after August 22, 1996. Rhode Island plans to provide Medicaid coverage for children and prenatal, delivery, and postpartum care for noncitizen women regardless of their date of entry into the U.S.

Prenatal Care and Children's Health. Virginia will cover immigrant children under age 19 through state-funded programs. Maryland will provide medical care and other health services for legal immigrant children and pregnant women who arrived after August 22, 1996. Rhode Island will provide prenatal, delivery and postpartum health care to any woman without health insurance coverage and medical coverage for low-income legal resident children who meet other eligibility requirements, regardless of their date of entry. Proposed legislation in California, in accordance with the federal law, affirmatively opts to provide medically necessary pregnancy-related services to any alien who is otherwise eligible for Medi-Cal except for specified residency requirements. Another California Senate bill would automatically make those immigrants who meet the aged, blind, or disability definitions and the income and resource standards for the SSI program optionally categorically needy for purposes of Medi-Cal eligibility if federal financial participation is available.

Elderly and Long-Term Care. Virginia will continue to serve immigrants receiving Medicaid and residing in long-term care facilities or home- and community-based waiver programs at state expense. A recent Connecticut law provides home-care services for qualified aliens.

Nutrition

As of June 16, 1997, 19 states had introduced legislation addressing the nutritional needs and food assistance benefits for immigrants. While legislation in several states proposes to create state-funded, Food Stamp-like programs, the preferred option is to purchase food coupons from the U.S. Department of Agriculture. Washington State, Massachusetts, and Rhode Island will provide USDA Food Stamps purchased with state money. California has proposed to do the same. Maryland will provide nutritional assistance to all legal immigrant children under 18 who meet USDA Food Stamp program eligibility requirements. Minnesota will provide "Minnesota grown" coupons in an amount equal to 35% of the federal food stamp benefit to legal immigrant families who lose eligibility for federal benefits. The federal FY97 supplemental appropriations bill, enacted June 12, 1997, grants states the option to purchase food stamps from USDA for those immigrants made ineligible by the welfare law. States must pay the value of the benefit and the cost of printing, shipping, and redeeming coupons.

Naturalization

In the wake of welfare reform, many believed that naturalization would be the answer for those immigrants losing federal benefits. To this end, several states have considered naturalization and citizenship assistance programs. In New Jersey, the state has allocated approximately $2 million which is being matched by $2 million in private funds for naturalization outreach and programs. Roughly $200,000 of these resources are likely to be targeted toward TANF recipients who lose Food Stamps. Florida has also appropriated $2 million for naturalization efforts. In other states, such as Nebraska and Washington, legislation mandates that state welfare agencies make every effort to refer and assist immigrants receiving public assistance understand and attempt the naturalization process but does not allocate new resources. Some states, including Florida, Minnesota, and Connecticut, will extend benefits on a temporary basis to immigrants who are pursuing citizenship. Colorado is the only state so far to pass legislation which requires the State Department to report names and addresses of unlawful aliens to INS, except those whose only federal benefit is Medicaid.

Conclusions

In general, states have filled in many of the gaps in immigrant services produced by the 1996 federal welfare reform bill. Current negotiations in Washington, D.C., such as the federal FY98 budget reconciliation bill now in conference committee, may offer hope for the restoration of medical and disability benefits to legal immigrants. However, many questions remain unanswered in the quest to provide a safety net for our nation's newcomers.

For more information:

contact Jeremy Meadows or Ann Morse at 202-624-5400
or visit 'www.ncsl.org/statefed/ipphmpg.htm'.