Resources for Disaster Survivors | Disaster Assistance for Immigrants

Features That Should Be Included in Hurricane Katrina Relief (posted 9/19/05) (PDF)
Like all others who have suffered from the hurricane and its aftermath, non-U.S. citizens who were living in the affected zone when Katrina hit have lost their lives, their loved ones, their homes, jobs, and possessions. Their need for relief is the same as that of other survivors, but other circumstances they face as noncitizens could prevent them from accessing relief that is available to others. Hence the recommendations in this memo.

Hurricane Katrina-related "Immigration Relief" Bill Passed by House Falls Short (posted 9/22/05) (PDF)
The House bill that passed on Sept. 21, 2005, is disappointing because it leaves in place provisions of our immigration law that threaten to act as a second wave of harm to hurricane survivors whose livelihood has already been destroyed by the storm.

ARTICLES AND REPORTS

Addressing the Needs of Immigrants and Limited English Communities in Disaster Planning and Relief: Lessons for Government, Disaster Relief Agencies, and Community-Based Organizations (Immigrants' Rights Update, 10/28/08)

And Injustice for All: Workers' Lives in the Reconstruction of New Orleans
(see Human and Employment Rights-related Issues and Reports).

Louisiana Recovery Authority issues inadequate housing plan (Immigrants' Rights Update, 5/23/06)

ICE steps up raids in Gulf Coast (Immigrants' Rights Update, 5/23/06)

African-American and immigrant advocates ask Congress to take an active role in safeguarding the rights of Gulf Coast hurricane survivors and workers (Immigrants' Rights Update, 3/23/06)

Gulf Coast hurricane survivors ask international body to investigate human rights violations (Immigrants' Rights Update, 3/23/06)

Exploitation, abuse of immigrant workers in Gulf Coast is main topic in advocates' meetings with ICE and DOL officials (Immigrants' Rights Update, 3/23/06)

Hurricane Disaster Relief Measures Fall Short or Stall: Immigrant Workers Recruited for Cleanup Face Exploitation, Danger, Immigrants' Rights Update, Vol. 19, Issue 6, Oct. 21, 2005. (posted 11/15/05) (PDF)

COMMUNITY EDUCATION MATERIAL

Available on the Community Education Materials page. Includes "Immigration Enforcement: Know Your Rights at Home and at Work" and "What to Do if You Are Arrested or Detained by Immigration"

Resources from Other Nonprofit Organizations

Disaster Preparedness in Urban Immigrant Communities: Lessons Learned from Recent Catastrophic Events and Their Relevance to Latino and Asian Communities in Southern California (Tomás Rivera Policy Institute and Asian Pacific American Legal Center, 6/08)

Hurricane Katrina: Models for Effective Emergency Response in the Asian American Community (Asian American Justice Center, undated; available from AAJC's "Emergency Preparedness" webpage) (posted 7/28/08)

Big, Easy Money a report by CorpWatch details Disaster Profiteering on the American Gulf Coast (8/17/06)

Oxfam has just released its new report about the Gulf Coast recovery:
"Forgotten Communities, Unmet Promises" (8/06) (PDF)

Disaster Unemployment Assistance: How Families Can Access the Program After Hurricane Katrina (National Employment Law Project website)

Federal Benefits for Hurricane Katrina Victims: Links on Obtaining Medicaid, Head Start, UI and Other Benefits for Hurricane Victims (Coalition on Human Needs website)

FEMA, SBA, and Other Benefits for Hurricane Katrina and Rita Survivors: Annotated Outline, 10/28/05 (Neighborhood Legal Services of Los Angeles County)

Florida Legal Services, Inc.-provided disaster assistance information (Florida Legal Services, Inc., website)

Health Care After Hurricane Katrina (National Health Law Program website)

Help for Hurricane Katrina Victims (flyer) (Neighborhood Legal Services of Los Angeles County)

Hurricane Katrina Relief Resources (LawHelp.org website)

Katrina Legal Aid Resource Center (This website is the result of a partnership among the American Bar Association, the Legal Services Corporation, the National Legal Aid & Defender Association, and ProBonoNet. It links to resources for victims of the hurricane, for legal aid and defender programs helping them, and for private attorney volunteers.)

State Protection & Advocacy agencies, and links to governmental agencies serving people with disabilities (National Disability Rights Network website)

Information from Government Agencies

Employment-related
FEMA (Federal Emergency Management Agency)
Finding Missing Relatives and Friends
Food and Food Stamps
Housing
Immigration and Citizenship Services
Immigration Status Issues and Federal Legislation
Medicare and Medicaid

employment-related

Dept. of Homeland Security (DHS) - Notice Regarding I-9 Documentation Requirements for Hiring Hurricane Victims (PDF)
Workers who are denied employment for lack of documents that satisfy the I-9 requirements can contact the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) through the employee hotline at (800) 255-7688 or visit www.usdoj.gov/crt/osc/.

fema (federal emergency management agency)

Disaster Assistance: Frequently Asked Questions
- English
- Spanish-language fact sheets and resources
- Vietnamese-language fact sheets and resources

Apply for FEMA Aid (by phone or online)

Eligibility Requirements for Disaster Aid (Q's & A's regarding immigrants' eligibility for disaster aid) (Aug. 18, 2004)

FEMA Applicant’s Guide to Individual and Household Assistance Programs (8/05) (PDF)

finding missing relatives & friends

Find Family and Friends: Government Sources (and links to other government & nongovernment resources) (FirstGov.gov)

food & food stamps

U.S. Dept. of Agriculture Food & Nutrition Service (FNS)

Expanded Disaster Evacuee Policy (excerpt: "FNS is setting forth expanded criteria to enable State agencies to better serve people who have evacuated Hurricane Katrina disaster areas and are applying for food stamp benefits in areas where the Disaster Food Stamp Program is not operating. Applications may be accepted under these policies through October 15, 2005.") (PDF)

Questions & Answers on Evacuees (This guidance applies to the Expanded Disaster Evacuee Policy (Sept. 5, 2005).) (PDF)

FNS Disaster Assistance page

The National Enhanced Policy for Evacuees (excerpt: "The Food Stamp Program is implementing a new, one-month policy for certifying evacuees who have left Alabama, Louisiana, and Mississippi because of Hurricane Katrina. This policy applies in all states, the District of Columbia, and the territories only for September, 2005. The policy provides for a one-month maximum food stamp benefit for any evacuee household. Eligibility is based simply on evacuee status. States with unusual needs based on their volume of evacuees may work with USDA for additional relief.") (PDF)

housing

U.S. Dept. of Housing and Urban Development (HUD) - Disaster Recovery Guidance by Multifamily Housing After a Presidentially-Declared Disaster (PDF)

immigration & citizenship services

USCIS Announces Interim Relief for Foreign Students Adversely Impacted by Hurricane Katrina (U.S. Citizenship & Immigration Services press release, dated Nov. 25, 2005, with links to a FAQ page and the relevant Federal Register notice) (PDF)

Remedial Measures Made Necessary by Hurricanes Katrina and Rita (U.S. Citizenship & Immigration Services interoffice memo dated 10/5/05) (PDF) (excerpt: "In general, USCIS employees should take a generous approach to addressing issues brought about by the hurricanes and should use whatever proper means are available to them to remedy hurricane-related immigration situations. . . . This guidance covers individuals or entities who can establish that they resided, worked, or operated their professional business or other entity in an affected area of Louisiana, Mississippi, or Alabama at the time of Hurricane Katrina (on or about August 29, 2005), or an affected area of Texas or Louisiana at the time of Hurricane Rita (on or about September 23, 2005), regardless of where those individuals or entities may be currently located.")

U.S. Citizenship and Immigration Services Operations after Hurricane Katrina FAQ (PDF)

USCIS Interoffice Memo on Fee Waivers for Hurricane Katrina Victims (dated 9/19/05; posted 9/26/05) (PDF)

immigration status issues & federal legislation

Hurricane Katrina-Related Immigration Issues and Legislation (Congressional Research Service report, 9/19/05) (PDF)

medicare & medicaid

HHS Secretary Mike Leavitt declared a public health emergency for affected areas, allowing it to waive certain Medicaid, SCHIP, Medicare, and Health Insurance Portability and Accountability Act (HIPAA) requirements. The public health emergency also allows HHS to make grants and enter into contracts more expeditiously. The Centers for Medicare and Medicaid Services (CMS) is currently working to ensure that Medicaid, SCHIP, and Medicare will accommodate the emergency health care needs of beneficiaries and medical providers in states devastated by the hurricane. CMS also will ease the programs’ normal operating procedures to speed provision of health care services, waiving some documentation requirements. Federal Medicaid officials are also working with state Medicaid agencies to coordinate resolution of interstate payment agreements for recipients served outside their home states. See attached APHSA memo and CMS Medicaid fact sheet for details.

Centers for Medicare & Medicaid Services (CMS) - Fact Sheet: CMS Actions to Help Beneficiaries, Providers in Katrina Stricken Areas (PDF)
Centers for Medicare & Medicaid Services (CMS) - CMS Takes Emergency Steps to Ease Health Care Access to Katrina Evacuees (PDF)

Litigation

Castellanos-Contreras, et al v. Decatur Hotels, LLC, et al: Guest workers expose hotelier's scheme to profit from immigrant labor while excluding African Americans.

H-2B Guestworkers Win Landmark Decision in Suit against Luxury Hotel Chain (PDF) (News release 5/17/07; posted 6/4/07)
Decision (PDF): Castellanos-Contreras, et al v. Decatur Hotels, LLC, et al (5/16/07; posted 6/4/07)
Guest workers charge racial exploitation, file federal suit against luxury hotel chain in New Orleans (PDF) (News release, 8/16/06)
Complaint (PDF): Castellanos-Contreras, et al v. Decatur Hotels, LLC, et al (8/16/06; posted 8/21/06)

Information about other lawsuits brought on behalf of immigrant workers in the disaster-affected area is available on the website of the Southern Poverty Law Center.

Rodrigues et al. v. Belfor USA Group Inc. (The lawsuit alleges that Belfor has unlawfully used a subcontractor system to avoid paying any overtime wages to workers on its massive reconstruction projects in New Orleans.)
Navarrete-Cruz v. LVI Environmental Services of New Orleans, Inc., et al. (LVI used a subcontractor system to avoid paying workers the wages owed to them. One such subcontractor, D&L, Environmental, Inc., failed to pay many of its migrant workers anything for much of their labor. The plaintiffs were employed cleaning public elementary and high schools.)

Information regarding FEMA-related litigation is available on the "FEMA Answers" website: www.femaanswers.org. Information on the following cases appears there:

McWaters v. FEMA (re: FEMA's failure to provide adequate assistance, including sufficient provision for temporary housing)
Brou v. FEMA (re: FEMA's failure to provide temporary housing that is accessible for people with disabilities)
Sylvester v. Bossiere (re: failure to provide adequate notice to Katrina survivors facing eviction proceedings)

Immigration Service Providers in
Hurricane Katrina-affected Areas

The list of providers available by clicking here is only partial, and it's also a work in progress. More providers will be listed as we are made aware of them.

Links to Websites Devoted to Justice for Hurricane Victims

LawHelp.org/LA. Click here to be taken to LawHelp.org/LA, Louisiana's online guide to free legal help. Learn about your rights, free legal services, how to help yourself with a legal problem, courts, and community services.

Gulf Coast Reconstruction Watch. Click here to be taken to Gulf Coast Reconstruction Watch, a new project to document and investigate the rebuilding of the Gulf Region from the devastation left by Hurricanes Katrina and Rita. Gulf Coast Reconstruction Watch is a project of the Institute for Southern Studies, a nonprofit research and education center, and the institute's flagship magazine, Southern Exposure.

Justice for New Orleans. Click here to be taken to Justice for New Orleans, a website developed by the Loyola Law Clinic in New Orleans that is devoted to social justice in the rebuilding of New Orleans.

Oxfam America. Click here to be taken to Oxfam America's "Gulf Coast Hurricanes" web page.

Reports on Katrina/Rita-related Relief and Recovery Efforts

Forgotten Communities, Unmet Promises (Oxfam America, 8/06). Explores how the largest reconstruction effort in recent U.S. history has failed so far to address the needs of the Gulf region's poorest residents, despite grand promises to the contrary.

Hurricane Katrina: Improving Federal Contracting Practices in Disaster Recovery Operations (U.S. Government Accountability Office, 5/4/06).

Hurricane Katrina: GAO's Preliminary Observations Regarding Preparedness, Response, and Recovery (U.S. Government Accountability Office, 3/8/06).

Good Work and Fair Contracts: Making Gulf Coast Reconstruction Work for Local Residents and Businesses (Gulf Coast Commission on Reconstruction Equity, 2/28/06). In this report and a report card that accompanies it, Interfaith Worker Justice and the GCCRE urge Congress to pass legislation to establish ethical federal contracting standards for Gulf region reconstruction work and to allocate funding for worker centers in the region to be run by a coalition of labor, faith, and community organizations. The report also urges the U.S. Dept. of Labor to dispatch special enforcement units, including bilingual staff, to investigate violations and to enforce wage and hour and worker health and safety laws.

In the Eye of the Storm: How the Government and Private Response to Hurricane Katrina Failed Latinos (National Council of La Raza, 2/28/06). This new report from NCLR concludes that the federal government and the American Red Cross are unprepared to address the needs of Latinos and other diverse communities in the event of a disaster. It also recommends ways to improve both the public and private response in future disasters.

Recovering States? The Gulf Coast Six Months After the Storms (Oxfam America, 2/06). This report reveals that poor households are being left behind in the disaster recovery efforts and urges federal and state officials to recommit themselves to inclusive rebuilding plans that address deep and persistent poverty in the region.

Human and Employment Rights-related Issues and Reports

National Letter on DHS Disaster Policy (New Orleans Workers’ Center for Racial Justice, 9/08)

Statement on Impartiality of American Red Cross Disaster Services
"Red Cross workers will not question clients about their citizenship status, nor will they request birth certificates, immigration papers, passports, social security cards, or similar documents that could be interpreted as being used to identify the nationality or immigration status of persons seeking Red Cross assistance. Only such documents necessary to identify the individual or family as living in the disaster-affected area are required for Red Cross assistance. If federal, state or local authorities make a request to enter a shelter for the purpose of looking for undocumented shelter residents, the Red Cross will not grant them permission unless provided with a subpoena or court order. The Red Cross may disclose information about shelter residents at the behest of law enforcement if the disclosure is necessary to avert a threat or protect the health or safety of shelter occupants, another person or the community." (9/9/08)

And Injustice for All: Workers' Lives in the Reconstruction of New Orleans (Advancement Project, National Immigration Law Center, and New Orleans Worker Justice Coalition, 7/06). (PDF)
From the news release issued with the report: "[This report comprises] the most comprehensive documentation of post-Katrina worker conditions to date. [It] is a compilation of personal narratives based on more than 700 worker interviews that raises the voices of New Orleanians struggling to return and reconstruction workers, all of whom are attempting to survive in the face of inequitable and unjust policies and practices of public and private institutions."

When Disaster Strikes: A Human Rights Analysis of the 2005 Gulf Coast Hurricanes: In Response to the United States' Periodic Report under the International Covenant on Civil and Political Rights (International Human Rights Law Clinic, Boalt Hall School of Law, 6/06). (PDF)

Request for hearing regarding human rights impact of Hurricanes Katrina and Rita (Copy of letter sent to Mr. Santiago A. Canton, executive secretary, IACHR, 3/8/06). (PDF)