President Bush Signs Farm Bill; Food Stamp Eligibility Restored for Large Numbers of Immigrants

IMMIGRANTS & PUBLIC BENEFITS

Food and Nutrition Programs

President Bush signs farm bill; food stamp eligibility restored for large numbers of immigrants
Immigrants' Rights Update, Web Edition, May 14, 2002

Culminating years of advocacy efforts, President Bush signed into law the broadest restoration of immigrants' eligibility for food stamps since the 1996 welfare law was enacted. The provisions are contained in the Farm Security and Rural Investment Act of 2002 (or, "Farm Bill"), which passed the House on Apr. 30, 2002, and the Senate on May 8, 2002.

The bill restores food stamp eligibility to the following three groups of immigrants:

• Qualified immigrants who have lived in the U.S. in qualified status for at least five years. The Bush administration estimates that this provision, which is due to take effect on Apr. 1, 2003, would make eligible about 363,000 immigrants who are currently barred from receiving assistance. In addition to restoring benefits to these immigrants, this provision effectively removes the seven-year cap on eligibility for refugees and asylees. Under current law, these categories of immigrants, as well as Cuban/Haitian entrants, Amerasians, and persons granted withholding of deportation, are exempt from immigrant restrictions only during the first seven years after they obtain the relevant status. These immigrants, who will have been in qualified immigrant status for more than five years, will retain their benefits even after the seven-year period expires.

• Qualified immigrant children, regardless of date of entry. Children would not be subject to the five-year bar on eligibility or to deeming provisions. 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 (the date of the welfare law's enactment), or meet another exemption. This restoration is due to take effect on Oct. 1, 2003.

• Qualified immigrants who are receiving disability-related assistance, regardless of date of entry. Under current law, qualified immigrants receiving disability-related benefits are eligible only if they were lawfully residing in the U.S. on Aug. 22, 1996, or meet another exemption. This restoration is due to take effect on Oct. 1, 2002.

As the bill progressed through both houses of Congress, advocates were able to defeat provisions that would have undermined the restorations of immigrant eligibility, including onerous work history tests and citizenship requirements. The turning point in the negotiations came when Rep. Joe Baca's (D-CA) motion to instruct the Farm Bill conferees to restore food stamps benefits to immigrants passed by a vote of 244-171. All but 5 Democrats, joined by 47 Republicans, voted in support of the motion. The strong "yes" vote occurred despite last-minute efforts by the opposition to circulate extraordinary inaccuracies about the content of the motion. Its approval sent a strong message to the conferees about the breadth of support for immigrant restorations.

Advocates credit this historic victory to the persistent efforts of a broad coalition of immigrants' rights, faith-based, anti-hunger, and anti-poverty groups. The support of organizations representing state and local officials was also instrumental.