FEDERAL AGENCIES CLARIFY ISSUES REGARDING ACCESS TO SERVICES AND HOUSING FOR IMMIGRANT SURVIVORS OF DOMESTIC VIOLENCE
Immigrants' Rights Update, Vol. 15, No. 1, Feb. 28, 2001

To address the confusion regarding access to services for immigrant domestic violence survivors, the U.S. Dept. of Health and Human Services (HHS) Office for Civil Rights (OCR) has produced a fact sheet outlining the relevant rules. In a related development, the U.S. Dept. of Housing and Urban Development (HUD) has issued a policy directive clarifying eligibility rules on battered immigrants' access to emergency shelters and transitional housing.

In its fact sheet, HHS reminds providers that all victims of domestic violence, regardless of immigration status, are eligible for battered women's shelters. These programs may not discriminate based on national origin and must document their procedures for assuring confidentiality. The fact sheet lists other programs that are exempt from restrictions on immigrants' eligibility, as well as the civil rights laws that protect participants.

In addition, HHS outlines the eligibility requirements and "sponsor deeming" rules for battered immigrants in the Temporary Assistance for Needy Families (TANF) program, Medicaid, and the State Children's Health Insurance Program (SCHIP). The fact sheet also details the Social Security number requirements for these programs and the procedures applicants must follow for securing a nonwork Social Security number. It describes which persons are eligible to file a self-petition for an immigrant visa under the Violence Against Women Act (VAWA) and provides an update on the public charge rules for these immigrants.

HUD issued its policy directive in response to reports that battered immigrants had been denied access to emergency shelters and transitional housing. Conveyed in a letter to HUD funding recipients dated Jan. 19, 2001, the directive references the attorney general's order on the programs "necessary to protect life or safety" that are exempt from immigration restriction under the 1996 welfare law (see "Attorney General Publishes Final List of Programs Necessary for Protection of Life or Safety," p. 14). These programs include emergency and short-term shelter for victims of domestic violence, as well as crisis counseling and intervention and other services to prevent violence and abuse. Therefore, the directive states, "HUD-funded programs that provide emergency shelter and transitional housing for up to two (2) years are to make these services equally available to all needy persons," including "not qualified" immigrants.

The policy directive further clarified that "all programs administering HUD grants, which provide emergency shelter, transitional housing, short-term shelter and housing assistance to victims of domestic violence are deemed necessary, under the Order, for the protection of life and safety." Programs that meet the attorney general's criteria are to be made available to all persons regardless of immigration status, unless a law other than the 1996 welfare law mandates verification of immigration status. The HUD letter warns that denying access to these services may result in the imposition of "appropriate sanctions." Also consistent with the attorney general's order, the letter reiterates that nonprofit charitable organizations are not required to verify the immigration status of applicants for federal, state, or local benefits.

The HHS fact sheet can be downloaded from OCR's web site at www.hhs.gov/ocr/immigratoin/bifsltr.html. Providers are also encouraged to contact Deeana Jang at the Office for Civil Rights, djang@os.dhhs.gov, if they have any questions.