Immigrant Integration:Immigrant Integration:O i f S MO i f S MOverview of State Measures Overview of State Measures & Update on Recent Federal & Update on Recent Federal Legislation Benefiting StatesLegislation Benefiting States

Jonathan BlazerJonathan BlazerPublic Benefits Policy AttorneyPublic Benefits Policy Attorney

National Immigration Law CenterNational Immigration Law Centerblazer@nilc.orgblazer@nilc.org215215--753753--80578057

NCSL, 7/20/2009NCSL, 7/20/2009

Affirmative Measures Promoting Affirmative Measures Promoting Immigrant IntegrationImmigrant Integration

BackgroundBackgroundBackgroundBackground

•• Absent federal reform, state govt’s stepped up efforts Absent federal reform, state govt’s stepped up efforts to address the issue of immigration in areas within their to address the issue of immigration in areas within their ggcontrol. control.

•• Restrictive measures have garnered more attention and Restrictive measures have garnered more attention and gghave frequently anchored the debate.have frequently anchored the debate.

•• But an increasing number of states are also exploring But an increasing number of states are also exploring ways to more effectively incorporate immigrants into ways to more effectively incorporate immigrants into their communities. their communities.

Affirmative Measures Promoting Affirmative Measures Promoting I i I iI i I iImmigrant IntegrationImmigrant Integration

BackgroundBackgroundBackgroundBackground•• RealityReality--based approach that seeks to:based approach that seeks to:

–– Integrate immigrants instead of marginalizing them;Integrate immigrants instead of marginalizing them;Integrate immigrants instead of marginalizing them;Integrate immigrants instead of marginalizing them;–– Recognize immigrants as a key ingredient of shared Recognize immigrants as a key ingredient of shared

prosperity;prosperity;p p yp p y–– Maximize the economic, social, and cultural benefits Maximize the economic, social, and cultural benefits

of immigration to the state.of immigration to the state.–– Identify approaches that benefit immigrants and USIdentify approaches that benefit immigrants and US--

born citizens alike, therefore holding potential appeal born citizens alike, therefore holding potential appeal to broadto broad--based political constituenciesbased political constituenciesto broadto broad--based political constituencies.based political constituencies.

Menu of Affirmative MeasuresMenu of Affirmative MeasuresMenu of Affirmative MeasuresMenu of Affirmative Measures

•• Enforcement and enhancement of labor and Enforcement and enhancement of labor and employment law protectionemployment law protection

•• Promoting public safety and protecting confidentialityPromoting public safety and protecting confidentiality•• P ti t h lth h i l l d i lP ti t h lth h i l l d i l•• Promoting access to health, housing, legal, and social Promoting access to health, housing, legal, and social

servicesservices•• Promoting English language instruction and access for Promoting English language instruction and access for g g g gg g g g

English language learnersEnglish language learners•• Promoting community membership and civic Promoting community membership and civic

participationparticipationparticipationparticipation•• Investing in students by facilitating access to the Investing in students by facilitating access to the

educational systemeducational system

MenuMenu (continued)(continued)Menu Menu (continued)(continued)

•• Promoting entrepreneurialism, wealthPromoting entrepreneurialism, wealth--building, and building, and g p ,g p , g,g,utilization of mainstream financial servicesutilization of mainstream financial services

•• Improving government communication and Improving government communication and ddcoordination over programs promoting immigrant coordination over programs promoting immigrant

integrationintegration•• Protecting immigrants from exploitationProtecting immigrants from exploitation•• Protecting immigrants from exploitationProtecting immigrants from exploitation•• Building greater appreciation for the contributions of Building greater appreciation for the contributions of

immigrants and causes of immigrationimmigrants and causes of immigrationg gg g•• Signaling support for immigrants and humane Signaling support for immigrants and humane

immigration reform through resolutionsimmigration reform through resolutions

Strategic Importance of Strategic Importance of Affirmative measures:Affirmative measures:Affirmative measures:Affirmative measures:

•• Enable legislators opposed to solely restrictiveEnable legislators opposed to solely restrictiveEnable legislators opposed to solely restrictive Enable legislators opposed to solely restrictive approaches to be “for” something. Opponents approaches to be “for” something. Opponents of restrictive measures are often challenged toof restrictive measures are often challenged toof restrictive measures are often challenged to of restrictive measures are often challenged to say what they support as solutions.say what they support as solutions.

•• “The best defense is a good offense ”“The best defense is a good offense ”•• The best defense is a good offense. The best defense is a good offense. Affirmative measures can assist legislators in Affirmative measures can assist legislators in defending against the passage and enactment ofdefending against the passage and enactment ofdefending against the passage and enactment of defending against the passage and enactment of purely restrictive measures. purely restrictive measures.

Strategy ExamplesStrategy ExamplesStrategy Examples Strategy Examples

•• Rhode Island: In February 2008, a group ofRhode Island: In February 2008, a group ofRhode Island: In February 2008, a group of Rhode Island: In February 2008, a group of legislators introduced a package of 10 legislators introduced a package of 10 affirmative bills, announcing a “Campaign for affirmative bills, announcing a “Campaign for g p gg p gFairness, Respect and Civil Rights.” The bills Fairness, Respect and Civil Rights.” The bills occupied space on committee agendas that occupied space on committee agendas that

ld h h i b d hld h h i b d hwould have otherwise been used to push would have otherwise been used to push forward restrictive measures. The affirmative forward restrictive measures. The affirmative and restrictive measures essentially cancelled oneand restrictive measures essentially cancelled oneand restrictive measures essentially cancelled one and restrictive measures essentially cancelled one another out, and no immigration measures were another out, and no immigration measures were enacted by the legislaturesenacted by the legislaturesenacted by the legislatures.enacted by the legislatures.

Strategy ExamplesStrategy Examples continuedcontinuedStrategy Examples Strategy Examples continuedcontinued

•• Iowa: in 2008 when the Senate approved a billIowa: in 2008 when the Senate approved a billIowa: in 2008, when the Senate approved a bill Iowa: in 2008, when the Senate approved a bill to toughen enforcement against employers who to toughen enforcement against employers who violate state wage laws and who misclassifyviolate state wage laws and who misclassifyviolate state wage laws and who misclassify violate state wage laws and who misclassify employees as independent contractors, it stalled employees as independent contractors, it stalled movement of a Housemovement of a House--approved bill that tookapproved bill that tookmovement of a Housemovement of a House approved bill that took approved bill that took an approach much more punitive to immigrants. an approach much more punitive to immigrants. No legislation was enactedNo legislation was enactedNo legislation was enacted.No legislation was enacted.

Workforce ProtectionWorkforce ProtectionWorkforce Protection Workforce Protection

•• Wage enforcementWage enforcementWage enforcement Wage enforcement •• Combating Misclassification of employees as Combating Misclassification of employees as

independent contractors:independent contractors:independent contractors: independent contractors: –– In 2009, bills were introduced in CO, IN, KS, KY, In 2009, bills were introduced in CO, IN, KS, KY,

MA NY OR PA RI TX VTMA NY OR PA RI TX VTMA, NY, OR, PA, RI, TX, VT.MA, NY, OR, PA, RI, TX, VT.–– Executive orders in NJ, MA, MI creating task forces Executive orders in NJ, MA, MI creating task forces

and commissionsand commissionsand commissions. and commissions. (tracking by Progressive States Network)(tracking by Progressive States Network)

Workforce ProtectionWorkforce Protection (continued)(continued)Workforce Protection Workforce Protection (continued)(continued)

Illinois’ SB 1133 recognizes that an employer’s use of Illinois’ SB 1133 recognizes that an employer’s use of EE--verify verify g p yg p y yyposes risks to citizen and immigrant workers, and that the federal poses risks to citizen and immigrant workers, and that the federal rules do not provide adequate worker protections. rules do not provide adequate worker protections.

Establishes state law requirements, e.g.,Establishes state law requirements, e.g.,Establishes state law requirements, e.g., Establishes state law requirements, e.g., •• Employer must complete tutorial prior to useEmployer must complete tutorial prior to use•• May only use the system for newly hired employees; not to May only use the system for newly hired employees; not to

i di id l i hi i f hi di id l i hi i f hscreen individuals prior to hiring or for any other purpose.screen individuals prior to hiring or for any other purpose.•• Must notify employees in writing of any tentative nonMust notify employees in writing of any tentative non--

confirmation notice and the individual’s right to contest; confirmation notice and the individual’s right to contest; gg•• Must not take any adverse action prior to receiving final nonMust not take any adverse action prior to receiving final non--

confirmation notice confirmation notice •• Violations may be brought under IL human rights actViolations may be brought under IL human rights act•• Violations may be brought under IL human rights act.Violations may be brought under IL human rights act.

Law EnforcementLaw EnforcementLaw EnforcementLaw Enforcement

•• Virginia SB 1436: Prohibits lawVirginia SB 1436: Prohibits law--enforcementenforcementVirginia SB 1436: Prohibits lawVirginia SB 1436: Prohibits law enforcement enforcement officers and other agents of state or local officers and other agents of state or local government investigating a crime from inquiring government investigating a crime from inquiring g g g q gg g g q ginto the immigration status of victims or into the immigration status of victims or cooperating witnesses. cooperating witnesses.

•• Alaska, Montana, New Mexico, Oregon (and Alaska, Montana, New Mexico, Oregon (and numerous local governments) limit state law numerous local governments) limit state law

f f i i i if f i i i ienforcement from serving immigration enforcement from serving immigration enforcement purposes.enforcement purposes.

Social ServicesSocial ServicesSocial ServicesSocial Services

California SB 1569 ensures access to state andCalifornia SB 1569 ensures access to state andCalifornia SB 1569 ensures access to state and California SB 1569 ensures access to state and local public benefits for immigrant victims of local public benefits for immigrant victims of trafficking domestic violence and other serioustrafficking domestic violence and other serioustrafficking, domestic violence, and other serious trafficking, domestic violence, and other serious crimes.crimes.

http://www.nilc.org/ce/nonnilc/TraffickingReportFinal_2008http://www.nilc.org/ce/nonnilc/TraffickingReportFinal_2008--04.pdf04.pdfp // g/ / / g p _p // g/ / / g p _ pp

FL NC NY and NM passed related laws; HIFL NC NY and NM passed related laws; HIFL, NC, NY, and NM passed related laws; HI FL, NC, NY, and NM passed related laws; HI passed a resolutionpassed a resolution

Federal Legislative Developments:Federal Legislative Developments:Federal Legislative Developments:Federal Legislative Developments:

•• State option to provide health coverage to legal State option to provide health coverage to legal immigrant children and pregnant womenimmigrant children and pregnant womenimmigrant children and pregnant womenimmigrant children and pregnant women

•• Extension of SSI benefits to refugees and other Extension of SSI benefits to refugees and other humanitarian immigrants.humanitarian immigrants.

Background to Legal Immigrant Health Background to Legal Immigrant Health Coverage ProvisionsCoverage Provisions

•• Prior law imposed a mandatory five year waiting Prior law imposed a mandatory five year waiting period before legal immigrants could participateperiod before legal immigrants could participateperiod before legal immigrants could participate period before legal immigrants could participate in federally funded Medicaid or CHIP. in federally funded Medicaid or CHIP. Ni id d i iNi id d i i•• Nineteen states provided coverage to immigrant Nineteen states provided coverage to immigrant kids during their first five years, using statekids during their first five years, using state--only only f df dfunds.funds.

Section 214 of the 2009 CHIP Section 214 of the 2009 CHIP Reauthorization Bill (CHIPRA)Reauthorization Bill (CHIPRA)

(Public Law 111(Public Law 111--3)3)(Public Law 111(Public Law 111 3)3)•• Provides states with the option of using federal funds Provides states with the option of using federal funds

to cover “lawfully residing” immigrant children and to cover “lawfully residing” immigrant children and y g gy g gpregnant women in Medicaid and CHIP without a fivepregnant women in Medicaid and CHIP without a five--year waiting period.year waiting period.

•• “Lawfully“Lawfully--residing” = Lawful permanent residents residing” = Lawful permanent residents (“green card holders”) and other categories of (“green card holders”) and other categories of immigrants who are “lawfully present” under immigrants who are “lawfully present” under immigration law and who intend to reside in the US.immigration law and who intend to reside in the US.

Features of Sec 214Features of Sec 214Features of Sec 214Features of Sec 214

State option State option pp•• States elect option through a State Plan Amendment. States elect option through a State Plan Amendment. •• No Medicaid waiver needed. No Medicaid waiver needed. Whether new legislation is neededWhether new legislation is needed depends on existing depends on existing

state lawstate law•• no federal requirement that states enact a new law in no federal requirement that states enact a new law in

order to elect the option. order to elect the option. •• M t t bl l t thi pti th h i plM t t bl l t thi pti th h i pl•• Many states are able elect this option through simple Many states are able elect this option through simple

administrative policy decisions.administrative policy decisions.•• Other states require statutory changesOther states require statutory changesOther states require statutory changesOther states require statutory changes

Why should states elect to cover legal Why should states elect to cover legal i i d i 214?i i d i 214?immigrants under section 214?immigrants under section 214?

It’s the right thing to do:It’s the right thing to do:It s the right thing to do:It s the right thing to do:

•• Five years is a lifetime to a child. Children Five years is a lifetime to a child. Children should not be forced to wait for health careshould not be forced to wait for health careshould not be forced to wait for health care.should not be forced to wait for health care.

•• Timely health care coverage can prevent or treat Timely health care coverage can prevent or treat di i h ff hild’ ldi i h ff hild’ lconditions that can affect a child’s longconditions that can affect a child’s long--term term

prospects for a healthy, productive life, rather prospects for a healthy, productive life, rather h l i h di i d d dh l i h di i d d dthan leaving those conditions undetected and than leaving those conditions undetected and

untreated.untreated.

Why should states elect to cover legal Why should states elect to cover legal i i d i 214?i i d i 214?immigrants under section 214?immigrants under section 214?

Fiscal benefits to state:Fiscal benefits to state:•• Feds will now be paying its fair share to help states Feds will now be paying its fair share to help states

cover more lowcover more low-- and middleand middle--income children and income children and pregnant womenpregnant womenpregnant women. pregnant women.

•• According to CMS, the federal match rate for all According to CMS, the federal match rate for all children and some pregnant women covered under this children and some pregnant women covered under this p gp gnew option will be the higher federal CHIP match rate new option will be the higher federal CHIP match rate for each state. for each state.

•• Electing the option helps a state maximize federalElecting the option helps a state maximize federalElecting the option helps a state maximize federal Electing the option helps a state maximize federal funding during the next several years under CHIPRA’s funding during the next several years under CHIPRA’s new criteria for determining a state’s future CHIP new criteria for determining a state’s future CHIP allotmentsallotmentsallotments.allotments.

Why should states elect to cover legal Why should states elect to cover legal i i d i 214?i i d i 214?immigrants under section 214?immigrants under section 214?

Strong public support:Strong public support:•• Public opinion overwhelmingly supports making legal immigrantPublic opinion overwhelmingly supports making legal immigrantPublic opinion overwhelmingly supports making legal immigrant Public opinion overwhelmingly supports making legal immigrant

children eligible for public health coverage programs.children eligible for public health coverage programs.•• One poll found that One poll found that American voters favor expanding CHIP American voters favor expanding CHIP

to cover legal immigrant children by more than ato cover legal immigrant children by more than ato cover legal immigrant children by more than a to cover legal immigrant children by more than a 55--1 margin1 margin ((79 percent to 15 percent79 percent to 15 percent) )

Poll commissioned by First Focus, results released December 2008, Poll commissioned by First Focus, results released December 2008, see: see:

http://www firstfocus net/Download/ElectionNightPoll pdfhttp://www firstfocus net/Download/ElectionNightPoll pdfhttp://www.firstfocus.net/Download/ElectionNightPoll.pdfhttp://www.firstfocus.net/Download/ElectionNightPoll.pdf

Extension of SSI benefits to Refugees Extension of SSI benefits to Refugees and other Humanitarian Immigrants.and other Humanitarian Immigrants.

Background:Background:

Supplemental Security Income (SSI) provides income Supplemental Security Income (SSI) provides income pp y ( ) ppp y ( ) passistance to low income seniors and persons with assistance to low income seniors and persons with disabilities.disabilities.

SSI is generally not available to nonSSI is generally not available to non--citizens, but refugees citizens, but refugees (and other “humanitarian immigrants”) have been (and other “humanitarian immigrants”) have been li ibl f ili ibl f i li i d i d i d d i hli i d i d i d d i heligible for a timeeligible for a time--limited period intended to assist them limited period intended to assist them

in their adjustment to the US and provide assistance in their adjustment to the US and provide assistance while they pursue citizenshipwhile they pursue citizenshipwhile they pursue citizenship.while they pursue citizenship.

“Humanitarian Immigrants”“Humanitarian Immigrants”Humanitarian ImmigrantsHumanitarian Immigrants

•• RefugeesRefugeesRefugeesRefugees•• AsyleesAsylees

Wi hh ldi f lWi hh ldi f l•• Withholding of removalWithholding of removal•• Cuban/Haitian entrantsCuban/Haitian entrants•• Amerasian ImmigrantsAmerasian Immigrants•• Trafficking VictimsTrafficking VictimsTrafficking VictimsTrafficking Victims

Problems with TimeProblems with Time--limitlimitProblems with TimeProblems with Time limitlimit

•• Under prior law, SSI was available to humanitarian Under prior law, SSI was available to humanitarian p ,p ,immigrants for seven years.immigrants for seven years.

•• Due to delays in citizenship processing and other Due to delays in citizenship processing and other b bb bbarriers, about 30,000 humanitarian immigrants hit their barriers, about 30,000 humanitarian immigrants hit their seven year timeseven year time--limit before they obtained US limit before they obtained US citizenship, and another 19,000 were expected to hit thecitizenship, and another 19,000 were expected to hit thecitizenship, and another 19,000 were expected to hit the citizenship, and another 19,000 were expected to hit the timetime--limit in coming years. As a result, they lost their limit in coming years. As a result, they lost their SSI, causing extreme hardship to them and burdening SSI, causing extreme hardship to them and burdening

d l l l f i h ibili fd l l l f i h ibili fstate and local governments left with responsibility for state and local governments left with responsibility for meeting basic human needs of elderly and disabled meeting basic human needs of elderly and disabled persons.persons.pp

“SSI Extension for Elderly and “SSI Extension for Elderly and Disabled Refugees Act”Disabled Refugees Act”

(Public Law 110(Public Law 110--328)328)(( ))In general:In general:•• Enables humanitarian immigrants who reach the seven Enables humanitarian immigrants who reach the seven

ti li it t i dditi l t f SSIti li it t i dditi l t f SSIyear time limit to receive an additional two years of SSI year time limit to receive an additional two years of SSI benefits.benefits.

•• Provides an additional (third) year of SSI benefits to Provides an additional (third) year of SSI benefits to ( ) y( ) yhumanitarian immigrants with pending citizenship humanitarian immigrants with pending citizenship applications.applications.

•• Law sunsets at end of fiscal year 2011 (September 30Law sunsets at end of fiscal year 2011 (September 30•• Law sunsets at end of fiscal year 2011 (September 30, Law sunsets at end of fiscal year 2011 (September 30, 2011). 2011).

•• See fact sheet for more detailed rules.See fact sheet for more detailed rules.

SSI Extension:SSI Extension: What Can States Do?What Can States Do?SSI Extension: SSI Extension: What Can States Do?What Can States Do?

Assist with identification of / outreach toAssist with identification of / outreach toAssist with identification of / outreach to Assist with identification of / outreach to newly eligible humanitarian immigrants.newly eligible humanitarian immigrants.

•• Nearly 100% federal dollars to assist seniors andNearly 100% federal dollars to assist seniors and•• Nearly 100% federal dollars to assist seniors and Nearly 100% federal dollars to assist seniors and persons with disabilities with selfpersons with disabilities with self--care.care.M hM h d i f i hd i f i h•• Many states have upMany states have up--toto--date information that date information that can be used in alerting individuals of the change can be used in alerting individuals of the change i li lin law. in law.

•• See sample letter from Pennsylvania.See sample letter from Pennsylvania.

SSI Extension:SSI Extension: What Can States Do?What Can States Do?SSI Extension: SSI Extension: What Can States Do?What Can States Do?

Support further federal reformsSupport further federal reformsSupport further federal reformsSupport further federal reforms

•• Eliminating timeEliminating time--limit on eligibility for limit on eligibility for humanitarian immigrantshumanitarian immigrantshumanitarian immigrants humanitarian immigrants

•• More broadly, restoring SSI eligibility to legal More broadly, restoring SSI eligibility to legal i ii iimmigrants.immigrants.

Keep eye out for 2010 TANF Reauthorization. Keep eye out for 2010 TANF Reauthorization.