Summary Of Alien Provisions Of New York State Welfare Reform Act Of 1997
Prepared by Barbara Weiner, GULP, Albany, September 5, 1997
Section 6: Adds a new subdivision to Section 117 of the
Social Services Law.
Section 117 provides that any person living continuously in the state for one year
shall be deemed to have state residence. The 1997 amendment adds a new subdivision to
Section 117, paragraph 3, that directs that no public assistance, which is defined in the
new law to include family and safety net assistance, can be paid to someone who is not a
resident of the state (presumably someone who has resided in the state for less than a
year). In spite of the fact that the courts have twice invalidated New York's attempts to
set up a two tier benefit systems, the new provision then directs that new arrivals from
other states, for their first twelve months of residency in the state, will only be
eligible for the greater of 50% of New York's welfare benefits or the benefits to which
they would have been entitled had they remained in their state of origin. Noncitizens
who come to live in New York state after the effective date of the new law will
not eligible for benefits at all during their first year in the state, except for
federally funded refugee cash assistance.
Section 7: Adds Section 122 to the Social Services Law detailing the
categories of aliens eligible for specific programs.
1. The following immigrants are eligible for all federal and state programs
(food stamps, SSI and additional state payments, family assistance, safety net assistance,
title XX services and medical assistance):
a. natural born and naturalized citizens
b. refugees, for the first five years or as otherwise provided by federal law(1)
c. asylees, for the first five years or as otherwise provided by federal law
d. persons whose deportation is withheld, for the first five years or as otherwise
provided by federal law
e. legal permanent residents (LPR) who can be credited with 40 quarters of employment,
provided that after 12/31/96, no credit will be given for any quarter in which an
immigrant receives the benefits of a federal "means tested" program
f. active duty service members or honorably discharged veterans and their immediate
families(2)
2. The following immigrants are eligible for family assistance, medical
assistance, safety net assistance and Title XX services (they
are not eligible for food stamps and are eligible for additional state payments only as
long as they maintain eligibility for SSI):
a. qualified aliens lawfully residing in the United States before 8/22/96
b. individuals entering the United States as qualified aliens on or after 8/22/96, once
they have resided in the U.S. for at least five years
3. The following immigrants are eligible only for safety net and emergency
medical assistance, limited to the "necessary treatment of emergency conditions"
(the latter unless and until federal href="http://www.empirejustice.org/">EJC Website participation becomes available):
a. persons who entered the U.S. on or after 8/22/96 as qualified aliens and who have
resided in the country for less than five years
b. PRUCOLs(3), except that persons who, on 8/4/97, were
residing in a licensed health care facility or a facility operated by the OMRDD and were
receiving medical assistance on the basis of their PRUCOL status will continue to be
eligible for full Medicaid coverage
4. Person paroled into the U.S. for a period of less than one year are eligible for state
and local assistance on the same basis as persons defined as qualified aliens.
5. All aliens are eligible for community based non-cash assistance in
accordance with the directions issued by the U.S. attorney general ( 8/30/96 Fed.Reg.
45985), for emergency medical assistance, and for child and adult
protective services.
In addition to detailing the eligibility of immigrants for the various public
assistance programs, Section 7 of the bill also provides that:
- Each social services district must report to the department the name, address and other
identifying information of aliens known to be in the United
States unlawfully.
- For the purpose of determining the eligibility of an alien for
family assistance and medical assistance, the income and
resources of a sponsor who has signed the new affidavit of support, and of his or her
spouse, will be deemed available to the extent permitted by federal law
and regulation. Subdivision 2 of Social Services Law Section 131-k, the deeming provision
governing sponsorship obligations under the affidavits formerly in use, has been repealed.
The new state provision does not contain an express exemption from the deeming requirement
for victims of domestic violence and individuals facing homelesness, as provided by
federal law (§ 552 of IRIRA, amending § 421 of the PRWORA).
- For the purposes of reimbursement, assistance paid to an alien
under the family assistance, safety net assistance, emergency assistance to adults
(EAA), medical assistance or the state supplement to SSI benefits programs is
recoverable from the sponsor of an alien who has signed the new affidavit of support.
Local districts are instructed to request reimbursement from sponsors first. If within 45
days of the state's request, the sponsor does not indicate a willingness to start
repayment, the district is to commence legal action. No action may be brought more than
ten years after assistance was last given.
- Undocumented aliens remain eligible for pre-natal care benefits pursuant to Lewis v.
Grinker, 965 F.2d 1206 (2d Cir., 1992).
Section 148-b: Adds a new subdivision, 10, to Section 95 of the Social
Services Law, establishing a state food assistance program for certain immigrants made
ineligible for federal food stamp benefits by the PRWORA.
1. Implementation of the program is entirely at county option.
2. Counties that operate the program are responsible for 50% of the non-federal share
of the costs of the program (which includes the cost of both the benefits and
administration of the program). TANF block grant funds will be used to pay the whole cost
of providing assistance to children under 18 living in TANF eligible households.
3. The program will operate only so long as federal approval is maintained but no
longer than September 30, 2001.
4. To be eligible for the program, an individual must:
a. be fully eligible to receive federal food stamp benefits except for the provision of
Section 402 of the PRWORA, the section which excludes most immigrants from participation
in the federal food assistance program;
b. reside in a local district that has chosen to implement the program (for a seamless
transition from the federal food stamp program to the state program, local districts have
to have notified the NYSDSS by August 20, 1997 - approximately 21 districts have done so);
c. on August 22, 1996 have been residing both in the United
States and in the same social services district in which
application for the state program is being made;
d. be under the age of 18, or elderly (60 years old
and over) or disabled (e.g., be a recipient of SSI or state disability
benefits or eligible for disability related Medicaid);
e. not have been absent from the United States for more than ninety days in the 12
month period immediately preceding the application for benefits; and
f. apply to INS for citizenship within 30 days of the application for state food stamp
benefits or, if the person is not yet "eligible to apply for United States
citizenship," within 30 days of the date he or she does become eligible.
5. All federal and state law provisions relating to fines, sanctions, disqualifications
and any other penalties under the federal food stamp program will apply equally to the
state food assistance program.
FOOTNOTES
1. The federal Balanced Budget Act of 1997 provides that, for the
purpose of Medicaid and SSI, refugees, asylees or persons whose deportation has been
withheld can remain eligible for 7 years after entry to the U.S. The category of
"specially qualified" immigrants, i.e., those protected under the rubric of
humanitarian concerns, was also extended, to include Cuban and Haitian entrants and
Amerasians. In addition, Native Americans born in Canada were made eligible for SSI and
exempted from the five year bar against eligibility for Medicaid. However, they were not
made eligible for food stamps or included in the group of immigrants to whom the state must
provide benefits. (Pursuant to INS rules, American Indians born in Canada are
automatically considered lawful permanent residents if they are residing in the U.S.)
2. The Balanced Budget Act directs that Hmong and other Highland Lao
tribal people who were recruited to fight with the American forces in Vietnam should be
included in the category of veterans for the purpose of determining eligibility for
welfare benefits under the PRWORA.
3. Under the provisions of the federal 1997 Balanced Budget Act,
PRUCOLs in receipt of SSI on August 22, 1997 have had their eligibility for SSI benefits
extended through September 30, 1998. The Act further provides that for as long as an
individual receives SSI, they remain eligible for Medicaid.
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