TANF Reauthorization Bill Introduced; Would Restore TANF and SSI for Immigrants and Address Needs of LEP Recipients

IMMIGRANTS & PUBLIC BENEFITS

TANF Reauthorization

TANF reauthorization bill introduced; would restore TANF and SSI for immigrants and address needs of LEP recipients
Immigrants' Rights Update, Vol. 16, No. 1, February 28, 2002

Sponsored by Rep. Benjamin Cardin (D-MD), the "Next Step in Reforming Welfare Act" (H.R. 3625) would restore immigrants' eligibility for Temporary Assistance for Needy Families (TANF) and Supplemental Security Income (SSI) and help states better serve persons who are limited English-proficient (LEP). Introduced on Jan. 24, 2002, the legislation is cosponsored by four other members of the House Committee on Ways and Means: Reps. Lloyd Doggett (D-TX), Jim McDermott (D-WA), Sander Levin (D-MI), and Pete Stark (D-CA). (The Ways and Means committee has jurisdiction over the TANF and SSI programs). What follows is a summary of the provisions in the Cardin bill that assist low-income immigrants.

Elimination of five-year bar in TANF and imposition of three years of sponsor deeming. Currently, most qualified immigrants who entered the U.S. on or after Aug. 22, 1996, are subject to a five-year bar on assistance. After the five-year bar, the income of many immigrants' sponsors is "deemed" to be available to them until they become citizens or work for approximately ten years. This "sponsor deeming" rule renders most immigrants ineligible for services. Even if immigrants are eligible for assistance because their sponsor's income is very low, sponsors may need to reimburse the government for TANF benefits that the immigrant receives. Under Cardin's bill, the five-year bar on TANF benefits would be eliminated. However, three years of sponsor deeming would be imposed, with sponsor liability applying during the deeming period.

Restoration of SSI eligibility and imposition of five years of sponsor deeming. Currently, most immigrants who entered the U.S. on or after Aug. 22, 1996, are ineligible for SSI. The few eligible immigrants may have the income of their sponsors deemed as available to them until they become citizens or work for approximately ten years. The restrictive eligibility and deeming rules render most immigrants ineligible for assistance. Even if immigrants are eligible for assistance because their sponsor's income is very low, the sponsor may be liable for SSI benefits that the immigrant receives. Under Cardin's bill, SSI eligibility would be restored for post-Aug. 22, 1996, entrants, with sponsor liability applying during the five-year deeming period.

Inclusion of ESL as a work activity. The 1996 welfare law established work "participation rates" for families receiving TANF assistance. To get credit under the work participation rates scheme, individuals must participate in one of a set of work-related activities listed in the statute. Currently, English as a second language (ESL) classes are not explicitly listed as a work activity. Several states allow ESL as "education related to employment" or as a "job readiness" activity-both of which are federal work activities. But, depending on the activity, there are limits on the period of time that recipients can participate or on the percentage of the caseload who can participate. Under Cardin's bill, ESL classes would be considered a countable work activity, which would give states greater flexibility in choosing how best to serve their LEP population.

Other provisions relating to English proficiency. The Cardin bill would mandate a sanction review process that determines whether certain conditions, such as limited proficiency in English, may contribute to benefit recipients' noncompliance with program requirements. Currently, federal law does not require states to conduct any review process before imposing sanctions on recipients. The bill would also require states to assess the recipient's skills, prior work experience, and circumstances related to his or her employability, including English proficiency. Currently, the TANF statute does not explicitly require assessment of English proficiency. The Cardin bill would create an Employment Advancement Fund to focus on enhancing employment prospects for recipients facing barriers to employment, including lack of proficiency in English.

Other provisions of the bill that may benefit immigrants would

Establish competitive state outreach grants to improve access to TANF, food stamps, Medicaid, the State Children's Health Insurance Program (SCHIP), and other programs.
Eliminate the limit on the numbers of TANF recipients engaged in vocational education who may be counted toward the work participation rate.
Expand the list of work activities to include 6 months of services designed to improve future employment opportunities (states may define the type of services).
Eliminate the separate work participation rate for two-parent families. Currently 90 percent of two-parent families must participate in work activities, while only 50 percent of single parent families must participate.
Ban states from imposing stricter eligibility criteria for two-parent families, unless the state opts out. Under current law, states are free to deny assistance to two-parent families. These policies harm immigrant and refugee families, which are almost twice as likely to be headed by a married couple as low-income U.S.-born families.
Allow up to two years of vocational and educational training to be counted as a work activity. Currently, no more than 12 months of vocational and educational training are allowed as a work activity.

Advocates view the inclusion of immigrant restorations and LEP provisions in the moderate Democrats' bill as a promising start to the TANF reauthorization debate. A Senate TANF bill has yet to be introduced.