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SSI Extension for Refugees and Other Humanitarian Immigrants Enacted into Law

The SSI Extension for Elderly and Disabled Refugees Act is effective as of October 1, 2008.

OCTOBER 1, 2008

By DINAH WILEY
Public Benefits Policy Attorney

     Refugees and other humanitarian immigrants whose Supplemental Security Income (SSI) benefits were available only during a seven-year time period may receive SSI for at least two additional years.  Under a new law effective today, Oct. 1, 2008, humanitarian immigrants whose SSI was cut off or who were denied SSI due to the expiration of this time period should contact the Social Security Administration (SSA) immediately to apply for the extension.  The new law provides a third year of benefits for humanitarian immigrants who have a naturalization application pending at the end of the two-year extension.  The extensions of SSI eligibility expire in 2011 under a sunset provision in H.R. 2608, the SSI Extension for Elderly and Disabled Refugees Act  (P.L. 110-328).  Advocates have developed a fact sheet about the new law.

     SSI provides a lifeline of minimal income support for very low-income seniors and persons with disabilities.  Although humanitarian immigrants are among the few categories of immigrants eligible to receive SSI under the restrictive 1996 welfare law, their eligibility ends after a limited period.  Congress rationalized the time limits as providing an incentive for humanitarian immigrants to naturalize quickly; U.S. citizens are free from these arbitrary time limits.  However, citizenship is elusive for immigrants who are caught in the Department of Homeland Security's processing delays on applications for lawful permanent residence (LPR or green-card status, a prerequisite for a citizenship application) or naturalization (citizenship).  The new law recognizes that humanitarian immigrants face destitution while waiting for these applications to be processed.

     Humanitarian immigrants include refugees, asylees, persons granted withholding of deportation or removal, Cuban and Haitian Entrants, Amerasians, and victims of trafficking in persons.  Current or former SSI recipients who were granted any of these statuses may be eligible for the extension.  Those under 18 years old or 70 years of age or older are eligible.  Those who are over 18 or under 70 are eligible if:

  1. they have been a lawful permanent resident (green card holder) for less than six years; OR

  2. they applied to become a lawful permanent resident (get a green card) within four years after you started receiving SSI; OR

  3. they are or were granted status as a Cuban or Haitian Entrant OR

  4. they have been granted withholding of deportation or removal.

     Humanitarian immigrants who have lost their SSI due to the time limits can contact the Social Security Administration immediately to apply for the extended benefits by visiting their local office or by calling 1-800-772-1213.  The new law requires SSA to ask applicants to declare that they are "making a good faith effort to apply for citizenship" to the best of their physical and mental abilities.  Persons who lost SSI within the last 12 months should have their benefits reinstated the following month.  Those who lost SSI more than 12 months ago but who are 65 or older should also receive expedited receipt of monthly benefits.

     While the new law will help many very vulnerable immigrants, advocates will continue to seek legislation that repeals the time limits altogether.  Naturalization is unattainable for persons who cannot pass the citizenship test because of their age, disability or other factors.  The United States has invited refugees to come, and has offered safe haven to other humanitarian immigrants.  Our laws do not force indigent seniors or persons with disabilities who are citizens into destitution at the end of an arbitrary time period.  Similarly, we should not cut off support from refugees who, because of factors beyond their control, have not been able to become citizens, despite their long presence in the U.S.

     For more information, please contact Dinah Wiley.

 

House Passes SSI Extension for Humanitarian Immigrants

Extension of SSI for Refugees Now Awaits President's Signature

September 17, 2008

By DINAH WILEY
Public Benefits Policy Attorney

     Today the House of Representatives passed HR 2608, the SSI Extension for Elderly and Disabled Refugees Act.  This legislation passed the Senate prior to the August recess and now will be sent to the president.

     The bill will extend SSI eligibility for refugees, asylees and other humanitarian immigrant seniors and persons with disabilities, for an additional two-year period (allowing them to receive SSI for nine years).  It includes a provision to cover those who already lost their benefits due to the time limit.  It also allows humanitarian immigrants who have a naturalization application pending at the end of this two-year extension to receive an additional year of SSI. 

     Advocates have worked hard for passage of this SSI extension because about 30,000 refugee seniors and persons with disabilities have been cut off and another 19,000 refugees and humanitarian migrants are projected to lose their benefits in the future.  These individuals fled persecution or torture in countries such as Iran, Russia, Iraq, Vietnam and Somalia, and now are unable to support themselves due to their age or disability.

     The president has 10 days within which to sign the bill into law, and is expected to do so.  At that time, NILC will send another update with more information for humanitarian immigrants and their advocates about who will benefit from the law and how to receive the extension.  This marks a huge victory for our community after many years of advocacy and negotiations with key congressional offices.

     For more information, please contact Dinah Wiley.
 

Senate Passes Supplemental Security Income (SSI) Extension for Refugees and Other Humanitarian Immigrants

August 6, 2008

By DINAH WILEY
Public Benefits Policy Attorney

     On the eve of recess last week, the U.S. Senate passed the two-year extension of Supplemental Security Income (SSI) benefits for refugees and other "humanitarian immigrants" that advocates have been seeking for several years. 

     The bill, HR 2608, finally passed the chamber by unanimous consent, after being passed by the House and referred to the Senate one year ago.  Senate-negotiated changes to the House bill did not change the main framework of the relief, which provides an additional two years of eligibility to humanitarian immigrants who are approaching the seven year time-limit or whose benefits were previously terminated due to that time-limit, which has proven to be too short a period to enable individuals to preserve eligibility through naturalization.  A third additional year of extended eligibility may be available to individuals whose naturalization applications are pending.

     A few hurdles remain before the bill will become law.  Because the Senate made changes to the bill, its version will now go back to the House, where the goal is to re-pass the Senate version without alteration after the August recess.  Also, because of the long delay in the Senate, the "offset" used to pay for the costs of extended benefits has also been included in an unrelated bill.  As a result, the SSI bill must reach the president's desk for signature first in order to retain the current offset provision.  The president has expressed support for an extension of SSI for humanitarian immigrants.

     NILC will provide further updates as they become available.  Though we do not anticipate difficulties with House passage, this is a good opportunity to contact your representative and let him or her know of the vital importance of SSI for elderly and disabled refugees.  The Senate cosponsors issued a press release Friday.  Please scroll down to read their statement, followed by the statement of Hebrew Immigrant Aid Society.  For further information, contact Dinah Wiley.

_______________________________________

News Release . . .

FOR IMMEDIATE RELEASE:
August 1, 2008

CONTACT: Gordon Smith Press Office
(202) 224-8329
Rohit Mahajan (Kohl)
(202) 224-5653

United States Senate

Smith and Kohl Successful in Extending SSI Benefits to Elderly and Disabled Refugees

Washington, DC - Senators Gordon H. Smith (R-OR) and Herb Kohl (D-WI) were successful in passing legislation today to allow for an additional two years of Supplemental Security Income (SSI) benefits eligibility for refugees and other humanitarian immigrants.  The legislation was approved in the Senate by unanimous consent.

"We cannot turn our back on the most vulnerable political asylees or refugees who are seeking safety in this great country of ours," said Senator Smith.  "Many of these individuals are elderly who fled persecution or torture in their home countries.  They include Jews fleeing religious persecution in the former Soviet Union, Iraqi Kurds who fled the Saddam Hussein regime, Cubans and Hmong people from the highlands of Laos who served on the side of the United States military during the Vietnam War.  They are elderly and unable to work, and have become reliant on their SSI benefits as their primary income.  To penalize them because of delays encountered through the bureaucratic process is unjust and inappropriate."

"As Americans who respect the rights and dignity of all individuals, we cannot shun those who have been victimized by authoritarian governments and politically volatile situations when they seek political asylum in our nation," Kohl said.  "The most vulnerable of these individuals -- those with disabilities and the elderly -- deserve this extension of modest assistance to help them settle into their new lives in the United States.  In Wisconsin, where nearly 70,000 current and former refugees live -- many of whom have fled unthinkable horrors -- this change represents a step forward in providing a more realistic time frame for making the critical transition of resettlement."

The SSI program provides subsistence assistance to cover the basic necessities of elderly and disabled individuals with little or no other income.  Congress modified the SSI program to include a seven-year time limit on eligibility for refugees, asylees and other humanitarian immigrants.  The seven-year policy was intended to provide adequate time for individuals to become citizens and thus retain benefits.  Due to processing delays and other bureaucratic problems, the process often takes longer than seven years, leaving thousands of elderly and disabled refugees and others without this essential lifeline.

The Social Security Administration has projected by the end of 2008 more than 30,000 elderly and disabled refugees will have lost their benefits and more than 19,000 are projected to lose their benefits in the coming years.

______________________________________________

News Release…

FOR IMMEDIATE RELEASE
Contact: Roberta Elliott
212-613-1350

HIAS Lauds Senate Passage of SSI Extension
Measure would help thousands of elderly and disabled Jewish refugees at risk

(Washington, D.C -- August 1, 2008) - HIAS, the Hebrew Immigrant Aid Society, applauds the Senate's passage of a bill yesterday extending Supplemental Security Income (SSI) benefits for disabled and elderly refugees.  HIAS is particularly gratified because when this bill becomes law among its primary beneficiaries will be the aging Russian-Jewish émigré community in the U.S. -- a population that HIAS has worked tirelessly to protect through years of intensive advocacy work at the grass-roots, local, regional, and national levels.

"This is the most encouraging sign we've seen in recent years that Washington understands the plight of these refugees, who are in particularly dire situations," says Gideon Aronoff, president and CEO of HIAS.  "HIAS has been adamantly against funding welfare reform at the expense of this vulnerable population and is appreciative of the bipartisan leadership shown by Senator Gordon Smith (R-Ore.) and Senator Herbert Kohl (D-Wisc.), sponsors of the Senate's companion bill."

The House passed a similar version of the legislation last summer.  Both versions extend SSI eligibility for two years for refugees, asylees, and other qualified immigrants, including those whose benefits recently expired.  Benefits also would be extended an additional year for refugees waiting for a decision on their pending citizenship applications.  The SSI legislation comes at no cost to American taxpayers, as it funded through a provision that allows the government to deduct from taxpayers' refund checks debts they might owe for fraudulently obtained unemployment benefits.

HIAS, which has worked on behalf of the Jewish community on all aspects of immigration and resettlement since it opened its doors in 1881, has been aggressively advocating for solutions to the SSI issue since 1996, when welfare reform severely restricted access to subsistence benefits for elderly and disabled refugees.  In 2003 the severity of the problem came to light, particularly after changes in U.S. policies created massive naturalization backlogs.

The number of people who are losing their life-sustaining SSI benefits, in large part due to delays in the immigration system beyond their control, is climbing.  The Social Security Administration currently projects that by the end of 2008 more than 30,000 elderly and disabled refugees will have lost their benefits; more than 19,000 are projected to lose their benefits in the coming years.  These individuals fled persecution or torture in countries such as Iran, Russia, Iraq, Vietnam, and Somalia, and now are too elderly or disabled to support themselves.

The House and the Senate are expected to reconcile the two pieces of legislation, immediately after the August recess.


 

 

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