Public Benefits

Mixed Immigration-Status Families Can Now Receive State Emergency Relief
        In August, the Family Independence Agency changed its policy on State Emergency Relief to state that families with ineligible immigrants can apply for and receive State Emergency Relief (SER). SER helps families address emergencies such as evictions, foreclosure, utility terminations, burial costs, first month’s rent, home repairs, and migrant hospitalization. Under previous FIA policy, families that included an immigrant who either refused to provide immigration status information, or who had a status that was not eligible for SER, were ineligible for any assistance under the SER program. For example, if a family of 3 U.S. citizen children, one eligible immigrant parent, and one ineligible immigrant parent applied for SER, under the previous policy the family was denied all services under SER.
        Now, the presence of an ineligible immigrant family member does not disqualify the family from services. The amount of services will be pro-rated so that the amount of assistance will be reduced in proportion to the number of ineligible immigrant family members. In addition, all members of the family - even ineligible immigrant members - must disclose information about their income and assets. Anyone can choose not to give information about their immigration or citizenship status - however that person will be considered an ineligible family member and the total amount of benefits will be reduced accordingly.
        The example from above can illustrate the new policy. A family has 3 U.S. citizen children, one eligible immigrant parent, and one ineligible immigrant parent. The family can apply for SER and, assuming that all other eligibility requirements are met (such as income and assets), the family will receive 4/5 of the total amount that would normally be determined. This is because 4/5 of the family members have acceptable citizenship or immigration status.
        This new policy is effective immediately. Farmworker families who have questions about eligibility for SER or other FIA programs can call Farmworker Legal Services at 1-800-968-4046 for bilingual assistance.

Expanded Food Stamp Eligibility for Childless Adults
        Beginning March 1, 2004, many adults age 18-49 who are able to work and who do not live with minor children may qualify for food stamps for up to 12 months. Previously, that group of people could only receive food stamps for 3 months within a 3-year period. The food stamp program is now called the Food Assistance Program.
        Applicants still need to meet income and immigration-status requirements. For example, a household of 2 adults can have a maximum monthly income of $1,313. Examples of immigrants that can qualify for food stamps are refugees, asylees, and legal permanent residents who have had their green cards for at least 5 years.
        Farmworkers who think that they might qualify for additional food stamp benefits should contact their local FIA office. If they disagree with the FIA’s decision, they can call Farmworker Legal Services.

New Application Procedure for Tax I.D. Numbers Will Affect Farmworkers

In December 2003, the Internal Revenue Service changed the application procedure for the Individual Taxpayer Identification Number (ITIN). Immigrant families, including many farmworkers, commonly use this number for family members who do not qualify for a Social Security Number. The ITIN can only be used as identification for filing tax returns – an ITIN does not change a person’s immigration status or allow someone to apply for employment with it. 

The current ITIN application procedures have changed in the following important ways:

· The number of acceptable I.D. documents has been reduced from 40 to 13.

· In almost every case, the ITIN application needs to be submitted with a tax return. Previously, ITIN applications were accepted at any time during the year, and they did not need to be submitted with a tax return.

· The ITIN will be issued in a letter instead of in a card, to reduce confusion with a social security number.

· Applications will only be accepted with the original I.D. documents, or with notarized copies. In Michigan, since it is illegal for a notary public to certify that a document is an original or a true copy, that means that Michigan residents will have to either mail their original I.D. documents to the IRS, or take the originals in person to an IRS office. FLS recommends that applicants go in person to the IRS to submit their application and tax return. There are IRS offices in Detroit, Flint, Grand Rapids, Marquette, Saginaw, and Traverse City.

FIA Policy Change Helps Immigrant Families that Apply for Food Stamps
     FLS has recently seen many farmworker families having problems with benefit applications at FIA offices, especially in Washtenaw County. When ineligible immigrant parents submitted applications for eligible U.S. citizen children, FIA caseworkers incorrectly denied those applications and repeatedly "lost" the applications. To address this problem, FLS wrote to the U.S. Department of Health and Human Services’ Office of Civil Rights to inform them about the problem.
     As a result, in 2003 the FIA administration in Lansing issued a policy clarification that helps immigrant families. The policy clarification informs FIA staff that ineligible family members can designate themselves as non-applicants if they only want to apply for food stamps for eligible family members (such as U.S. citizen children). This means that ineligible family members do not have to give any information about their immigration status or about a social security number. However, everyone in the household - even non-applicants - has to give FIA information about their income and assets.
     FIA cannot deny a food stamp application if a non-applicant household member does not give FIA information about immigration status or social security number. Any farmworkers who are denied food stamps or have other problems because of this issue should call Farmworker Legal Services.

More Immigrants are Eligible for Food Stamps

As of October 1, 2003, the last of 3 groups of immigrants became eligible for food stamps as a result of the 2002 federal Farm Bill. These 3 groups should qualify as long as they meet other eligibility rules. Any immigrant who is in one of these groups should apply for food stamps (now called Food Assistance Program in Michigan) at the local Family Independence Agency (FIA) office. These changes apply in every state in the country.

Disabled Immigrants

Certain legal immigrants who are disabled qualify for food stamps regardless of their date of entry into the United States. Previously, immigrants who receive disability-related benefits (such as SSI or Medicaid based on disability) were eligible for food stamps only if they were lawfully residing in the United States on August 22, 1996.

Immigrants who have lived in the U.S. for at least 5 years

All legal immigrants who have lived in the U.S. as a qualified alien for at least 5 years are eligible for food stamps. Immigrants who will benefit the most from this change are Legal Permanent Residents, because under the previous law, Legal Permanent Residents could not receive food stamps unless they had served in the military, had at least 40 quarters of Social Security Credits, were lawfully residing in the U.S. on August 22, 1996 and were under 18 years old, or were 65 or older on August 22, 1996.

Immigrant Children

Immigrant children (such as Legal Permanent Residents) under age 18 are eligible for food stamps, regardless of their date of entry into the U.S. and regardless of the amount of time that they have lived in the U.S. Under previous law, legal immigrant children could not receive food stamps unless they were lawfully residing in the U.S. on August 22, 1996.

Collection of Debts from Medicaid-Eligible Patients
     FLS has successfully defended many cases of clients being sued or subject to other debt collection processes by doctors and hospitals even though they had Medicaid to cover their medical expenses.  In most cases, it is contrary to state and federal law to bill Medicaid-eligible patients.