Substantial Restoration of Immigrants' Food Stamps Eligibility Passes Senate

IMMIGRANTS & PUBLIC BENEFITS

Food and Nutrition Programs

Substantial restoration of immigrants' food stamps eligibility passes Senate
Immigrants' Rights Update, Vol. 16, No. 1, February 28, 2002

In a major step forward for low-income immigrants, the Senate last week approved significant restorations of immigrants' eligibility for food stamps as part of its version of the Agriculture, Conservation, and Rural Enhancement Act of 2001 (S. 1731, "Farm Bill"). The Farm Bill, which passed by a 58-40 vote, includes $8.9 billion over 10 years in increased spending on nutrition programs, including funding for expanding and simplifying the Food Stamp Program. Of this, about $2.5 billion have been allocated to restoring food stamps to immigrants who are lawfully residing in the U.S. This would constitute the largest increase in safety net spending on immigrants in five years.

The most significant change in the immigrant eligibility provisions on the Senate floor came on an amendment by Sen. Richard Durbin (D-IL), cosponsored by Sen. Richard Lugar (R-IN). As offered, the Durbin-Lugar amendment was substantially the same as a change President George W. Bush recommended in his FY 2003 budget request. It would have restored food stamp benefits to approximately 363,000 immigrants who are currently barred from obtaining assistance even though they have lived as qualified immigrants in the U.S. for five years or longer. As such, the amendment would have brought food stamps into conformity with several other major federal assistance programs, including Medicaid and Temporary Assistance for Needy Families (TANF), which impose a 5-year bar on immigrants' eligibility but no permanent bar on immigrants' access to benefits.

Unfortunately, Sen. Phil Gramm (R-TX) was able to water down significantly the Durbin-Lugar amendment with an amendment of his own. The Gramm language prevents most immigrants who have ever been in the U.S. unlawfully for a year or more from benefiting from the Durbin-Lugar amendment. The Gramm restriction would not apply to immigrants who currently qualify for food stamps or those who would qualify through one of the other provisions already included in the Farm Bill. But advocates' experience since the passage of the welfare law in 1996 suggests that the complexities of the Gramm amendment could create misinformation among immigrant communities, leading many eligible immigrants to refrain from obtaining needed assistance.

The Durbin-Lugar amendment, as amended by Gramm, passed the Senate by a vote of 96-1. A different version of the Farm Bill has already passed the House. The House bill only provides $3.6 billion in new, 10-year funding cycles for nutrition programs and does not include any restorations of immigrants' eligibility for food stamps. The bill now goes to a conference committee that must resolve the differences between the House and Senate versions. In addition to the Durbin-Lugar amendment (as amended by Gramm), the Senate-passed Farm Bill would do the following:

Reduce from 40 to 16 the number of qualifying quarters that a lawful permanent resident must work to be exempt from restrictions on immigrants' food stamp eligibility.
Eliminate the date restriction limiting the eligibility of qualified immigrant children. Under current law, qualified immigrant children are exempt from immigrant restrictions only if they were lawfully residing in the U.S. on Aug. 22, 1996. Under the Senate Farm Bill, they would be exempt regardless of their date of entry.
Eliminate the date restriction limiting the eligibility of qualified immigrants with disabilities. Under current law, qualified disabled immigrants are eligible only if they were lawfully residing in the U.S. on Aug. 22, 1996. As with qualified immigrant children, under the Senate Farm Bill, they would be exempt regardless of their date of entry.
Eliminate the 7-year cap on the exemption for refugees, asylees, and others fleeing persecution. Under current law, these categories, including Cuban and Haitian Entrants and Amerasians, are exempt from immigrant restrictions for their first 7 years after obtaining the relevant status. The Senate bill would allow the exemption to continue indefinitely.

In addition to the immigrant provisions, the Senate adopted several amendments to the Farm Bill that increase overall funding for nutrition assistance and make significant additional improvements to the Food Stamp Program.

Sens. Bryon Dorgan (D-ND) and Charles Grassley (R-IA) sponsored an amendment that added about $800 million over 10 years to the Food Stamp Program. Among other things, the amendment will increase benefits to low-income households with children and help provide more food assistance to poor families that pay large portions of their income on rent and utilities. The Senate passed the Dorgan-Grassley amendment by voice vote after an attempt to table the amendment was defeated by a vote of 66-31.

Sen. Mitch McConnell (R-KY) sponsored an amendment adding about $500 million over 10 years to the Food Stamp Program. The McConnell amendment will expand access to food stamps for low-income disabled persons and further increase benefit allotments for low-income families with children.

The House and Senate conference committee will meet the week of February 25 to iron out the differences between the two versions of the Farm Bill. Advocates will push hard to maintain the Senate's level of funding for nutrition programs, including provisions ensuring fair immigrant access to the Food Stamp Program. Clearly, the most favorable outcome would retain all of the Senate's immigrant provisions and remove Gramm's language. Advocates also support the other improvements proposed in the section of the Farm Bill addressing nutrition programs, including, importantly, program simplification.