SÍ SE PUEDE: EFFECTIVE ADVOCACY WITH LATINO

IMMIGRANT POPULATIONS

CASE TO CAUSE You’re working with a family who discloses that they don’t have electricity because

the power company won’t turn it on without a Social Security Number on the account.

Your client is distraught because her teenage daughter has started to skip school, after having great grades. You find out that the girl was told by a prejudiced school counselor that “it doesn’t matter what classes she takes; she’ll just end up pregnant like the rest of the Mexicans.”

An undocumented man has a stroke; he’s recovering in the hospital but must be discharged, but no facility will take him without insurance coverage.

In your domestic violence shelter, you have a survivor who is undocumented; her abusive husband and her children are all U.S. citizens.

Your client is a Lawful Permanent Resident; her husband dies suddenly, leaving her to care for their 3 children. She speaks little English despite having been in the U.S. for 6 years.

Your 76-year-old client has been a LPR since 1999, but her limited English makes her ineligible for naturalization. She has serious disabilities and needs nursing home care.

Marta comes to you pregnant, undocumented, and desperate. Her husband has just been deported, and she is due to give birth in 3 weeks. She is afraid to travel back to Guatemala in her condition. She has never seen a doctor and doesn’t know what to do now that she is alone.

SOME DEFINITIONS TO START U.S. Citizen Lawful Permanent Resident Hispanic v. Latino v. Chicano v. “Mexican” Undocumented Immigrant “Illegal Alien” Refugee Asylee Mixed-status Family English-Only v. Official English Non-immigrant

MYTHS V. REALITIES An estimated 60% of Hispanics in the U.S. are native-born. Approximately 64% of all Hispanics in the U.S. are of Mexican

origin. Central Americans in the U.S. are more likely to be foreign-born

than Mexicans. 51% of Hispanics (and 58% of the foreign-born) are married. 27% of Hispanics, compared with 13% of all Americans, live in

families with 5 or more people. 31% of Hispanics speak only English at home.

50% speak Spanish at home but also speak English ‘very well’, and 18% speak English less than very well.

In 2000, 91% of Latinos lived in urban areas in the U.S., but suburbanization is increasing.

Latino unemployment rates are similar to non-Latino whites’ and significantly lower than rates for African Americans and Native Americans (5.2% in mid-2006).

For most of the past decade, Latinos have accounted for more than 40% of new workers added to the U.S. labor market (90% foreign-born).

LANDSCAPE OF INJUSTICE 24% of Hispanic families earned less than $20,123 in 2006.

29% of Hispanic children and almost 20% of Hispanic elderly lived in poverty in 2006.

Hispanics have the lowest home ownership rate of any ethnic/racial group, at 46%.

24% of Hispanics (and 34% of the foreign-born) have less than a 9th grade education.

28% are high school graduates, and only 12% are college graduates.

A Mexican with LPR will wait ~18 years to bring spouse and minor children to the U.S.; a U.S. citizen from Mexico waits 15 years to bring a sibling.

Immigrants are suffering especially in this recession; the unemployment rate for foreign-born Hispanics increased from 5.1% to 8.0%, from the fourth quarter of 2007 to the fourth quarter of 2008 and has continued to outpace the unemployment rate of the native-born.

U.S. VISA BULLETIN, MARCH 2010

FamilyAll Chargeability Areas Except Those Listed

CHINA-mainland born

INDIA MEXICO PHILIPPINES

1st 22JUN04 22JUN04 22JUN04 01OCT92 01MAR942A 01APR06 01APR06 01APR06 01JUL04 01APR062B 01FEB02 01FEB02 01FEB02 15JUN92 22AUG983rd 22MAY01 22MAY01 22MAY01 08OCT92 01MAR924th 15JAN00 15JAN00 15JAN00 08DEC95 01SEP87

IS AN IMMIGRANT ELIGIBLE FOR BENEFITS?

Is the benefit a public or privately-funded service? If it’s a public benefit, at what government level, and with

what specific funding? What is the immigrant’s immigration status? If the individual is lawfully present, is he/she a

‘qualified immigrant’? What are the specific rules for eligibility for the

benefit? What, if any, possible consequences are there for the

individual if he/she uses services for which eligible (related to public charge, privacy)?

What barriers to service may exist (language, cultural insensitivity, etc…)?

NAVIGATING ELIGIBILITY—FEDERAL PROGRAMS

U.S. citizens• By birth (in US, Puerto Rico, Guam, Virgin Islands, Northern

Mariana Islands)• By acquisition (at birth, through US citizen parent)• By derivation (through parent’s naturalization)

Nationals persons born to countries under possession of U.S. (e.g.

American Samoa) Qualified Immigrants

• Lawful Permanent Residents (LPR) • Refugees and Asylees• Persons granted withholding of removal/deportation • Persons paroled into the U.S. for at least one year• Cuban/Haitian entrants• Certain “battered spouses and children”

RULES AFTER 1996 WELFARE LAW (PRWORA)

Federal public benefits generally limited to Citizens “Qualified” immigrants

5 year bar applies in select federal programs to immigrants who

enter after 8/22/96 – even if they have “qualified alien” status (also a reason to encourage people to naturalize)

for this, and other reasons, it may be relevant whether a person entered before or on/after 8/22/96 (if LPR)

States can use state funds to cover others non-qualified immigrants or qualified immigrants during

their first five years approximately half of all states provide some state-

funded benefits to immigrants ineligible under federal rules

EXAMPLES OF FEDERAL PROGRAMS OPEN TO “EVERYONE”

Women, Infants & Children (WIC) School lunch programs Emergency Medicaid (for treatment of

emergency medical conditions) Disaster relief (not necessarily rebuilding

aid), immunizations, most public health No federal immigration restrictions on

locally administered programs that don’t: condition assistance on income or resources and are necessary to protect life or safety. E.g., child protective services, parenting classes

EMERGENCY MEDICAID Available regardless of immigration status ... for persons otherwise eligible for Medicaid... for treatment of an “emergency medical condition” Not limited to most extreme, life-threatening emergencies of the kind

taken by ambulance to emergency rooms (although these DO count) Practices vary depending on the state. Examples of treatment have

included: • Eye surgery to avoid having detached retina• Hysterectomy• Cancer evaluation and treatment• Renal dialysis

Emergency Medicaid does not cover organ transplants.What is an emergency medical condition?

A condition -- including labor and delivery -- with acute symptoms of such severity that the lack of immediate medical treatment could reasonably result in:• serious jeopardy to the patient’s health, or• serious impairment to bodily functions, or• serious dysfunction of any bodily organ or part.

BARRIERS FOR THOSE ELIGIBLE• Deeming

• Once immigrant adjusts status, sponsor income may be added or “deemed” to the immigrant’s income at the time of application for a federal means-tested public benefit (Medicaid, SCHIP, Food Stamps, SSI, TANF)

• Deeming may push immigrants over the income limit for public benefits programs, making them ineligible due to income and not to their immigration status. If immigrant has 40 quarters at time of adjustment, no affidavit of support required (but many will not have these 40 quarters)

• Immigrants reluctant to use benefits due to fear that their sponsor will be held legally responsible to repay the government for benefits used by the immigrant and/or that they will be prejudiced in their own naturalization application.

Verification/ReportingImmigrants may fear that if they apply for benefits, they or a family member will be reported to the Department of Homeland Security (DHS).

Public Charge Fear that USCIS will deny a person a green card, admission to the U.S.,

or future naturalization because they use benefits. Lack of Language Access

Reluctance or inability to use services because of lack of interpreters and translated material.

Confusion about EligibilityImmigrants may assume that they are not eligible due to confusion and misinformation about the rules and publicity related to anti-immigrant attacks on public benefit eligibility.

NAVIGATING ELIGIBILITY—STATE PROGRAMS

State-administered federal programs must follow federal rules regarding immigrants’ eligibility (housing programs, some health care).

Programs that are state or locally-funded, or those specifically left to state options, may include eligibility beyond federal rules.

This makes it essential that advocates investigate the funding sources for programs and understand which rules apply.

In 2008, Missouri both passed restrictions on immigrants’ receipt of ‘public benefits,’ mirroring actions in other states (VA, GA, OK, CO).

KS rejected compromise on similar legislation, although versions passed each chamber, opening future possibilities for attacks.

For the most part, these new laws simply reaffirm existing rules and are limited to only those immigrants not lawfully present in the U.S. (much smaller restricted categories than federal law).

There are concerns about the definitions, though, particularly that domestic violence shelters may be considered ‘housing’ and that some local health care services may be affected.

Also of concern is the effect that these rules will likely have on immigrants seeking services, particularly given misunderstandings about exactly who and what is covered.

NAVIGATING ELIGIBILITY—NONPROFIT ORGANIZATIONS

Many nonprofit agencies include Social Security requirements and/or rules about immigration status not because any law or funding source requires it but because of political pressures/fears and/or a reflexive addition of these requirements.

While nonprofit agencies must follow the law regarding eligibility, social workers have an obligation to advocate with funders, agency executives, and other decision makers to question when these rules are really necessary and to suggest alternative ways to establish eligibility.

SPECIAL POPULATIONS: MIXED-STATUS FAMILIES

Need to evaluate eligibility for services separately for each family member

Inclusive, non-threatening access points help family ‘brokers’ to navigate servicese.g. intake forms that don’t require

information on those not requesting services Need advocacy messages that avoid splintering

different segments of the Latino immigrant populatione.g. can’t win educational opportunities for

immigrant kids by pointing to “sins of their parents”

AT LEAST 2 MILLION MIXED-STATUS LATINO FAMILIES IN THE U.S.

SPECIAL POPULATIONS: IMMIGRANT DV SURVIVORS

Eligible for most benefits if:Approved or pending:

• Visa petition filed by US citizen or LPR spouse/parent or

• Self-petition under the Violence Against Women Act (VAWA) or

• Application for cancellation of removal or suspension of deportation under VAWA

Applicant no longer lives with the abuser and

Substantial connection between the abuse and the need for benefits

SPECIAL POPULATIONS: REFUGEES AND ASYLUM-SEEKERS

Few migrants from Latin American countries eligible for asylum (Cuba being the obvious exception)

Far more generous eligibility for assistance than other categories of ‘immigrants’, but significant barriers to full integration: Post-traumatic stress disorder and other crisis-

related mental health strains Language barriers, often complicated by

shortage of interpreters Difficulty finding employment, particularly in this

economy (and benefits are short-lived)

LATINOS AND YOUR ORGANIZATION Language access essential, but only a start Effective outreach channels:

Spanish-language radio (locally)Partnership with faith communitiesOutreach to Latino-owned businesses

Removing internal barriers:Staff representativeness Intake requirementsHours of operationCulturally-appropriate programming

ADVOCATING ALONGSIDE Strong tradition of collective action

Barriers regarding language, logistics need to be addressed, but the idea of coming together with others to oppose injustice familiar to many

Unfamiliarity with U.S. institutions of power Informed consent to share knowledge of risks, to

greatest extent possible Cultural awareness, including of cultural power

differentials Communication styles, dealing with conflict, primacy of

relationships Ideas to weave into practice:

Delegations to negotiate with powerful interests Public protests, rallies, forums Celebration of small victories

JUSTICE FOR ALL Social workers who advocate for Latinos have

an obligation not to engage in ‘zero-sum’ games that pit ethnic groups against each other.This means NO “largest minority group,”

“work harder than,” “jobs Blacks won’t do,” “at least not on welfare,” “new slavery,” etc…

The policies, programs, and strategies that support Latinos can also empower African Americans: good schools, fair wages, Affirmative Action, reformed justice system, strong social services.

ARGUMENTS THAT WORK Appeal to shared values: family, work, faith Emphasize the broken status quo—be ready to

answer, “why didn’t they just do it the right way?”

Point to pragmatism, especially for campaigns at the local, state level--“we’ve got to deal with reality”

Use your programming to facilitate community building across boundaries

Educate others on the limits of their responsibilities (and authority)—“you’re not ICE”

ANTI-IMMIGRANT ATTACKS AND HOW TO COUNTER THEM

Jobs Labor protections and CIR eliminate the perverse incentives to hire

unauthorized workers Drain on public resources

Public services are investments in quality communities Quality of life/Cultural dissonance

Bringing immigrants into the mainstream communicates shared expectations

Strength in diversity “Takeover” Crime and homeland security

Immigrants far more likely to be victims than perpetrators of crimes Law and order/“fairness”

A broken system that hurts good people; can’t effectively enforce unenforceable laws

The kitchen sink You’ll never win over everyone!

INSPIRATION AND EXAMPLES Organization’s frontline staff and clients convince

utility to create unique identifiers for immigrants without SSNs

Community starts ESL and Spanish “Bienvenidos a los EEUU” classes during breaks at a meatpacking plant

Social worker and youth clients change school to policy disallowing LEP students from team sports

Successful instate tuition campaign garners support of Regents, K-12 schools, faith leaders, Chambers of Commerce, organized labor, League of Women Voters, and others

Social service organization starts workers’ center to teach labor rights, take complaints, and address community concerns re: loitering

AGENDA FOR CHANGE: COMPREHENSIVE IMMIGRATION

REFORM Family reunification Path to legal status for undocumented

immigrants Work authorization for needed

workers/reform of verification system Civil rights and civil liberties protections Citizenship and immigrant integration Smart enforcement

AGENDA FOR CHANGE: ICHIA Would give states option of providing health

coverage (with federal match) to lawfully residing immigrant children and pregnant women under Medicaid or the SCHIP without imposing an arbitrary 5 year waiting period.

Approximately 20 states currently provide health coverage to some groups of lawfully residing immigrants during their first 5 years.

Cost-effectiveness of providing preventative care is particularly profound for children and pregnant women.

ICHIA--introduced in both the House and Senate--would provide fiscal relief to these states and encourage other states to provide health coverage.

AGENDA FOR CHANGE: SUPPORTING LANGUAGE DIVERSITY

Investment in English-as-a-Second-Language courses, for children and adults

Language instruction for native English speakers, to promote global competitiveness

Multilingual outreach and emergency services

Rejection of bigoted ‘English-only’ lawsStates like New Mexico have adopted

“English-plus” measures that emphasize English acquisition while celebrating additional language competencies

AGENDA FOR CHANGE: WORKERS’ RIGHTS

Vigorous enforcement of wage and hour, health and safety rules

Legislative repeal of the Hoffman Plastics decision

Reform of exploitative temporary worker programs to allow full portability, full labor rights

AGENDA FOR CHANGE: ACCESS TO IDENTIFICATION

With increasing requirements for government-issued photo identification for a variety of functions, access is essential for immigrant families

Social work advocates must work with libraries, schools, and other entities that issue identification to create equitable access/alternatives

Short of comprehensive immigration reform, all in the United States deserve some form of identificationPromotes inclusion but also security

RESOURCES TO HELP, WAYS TO GET INVOLVED National Immigration Law Center: www.nilc.org Kansas City Worker Justice Project:

http://kcwjp.org/index.html National Employment Law Project:

http://www.nelp.org/site/issues/category/immigrants_and_work/

Reform Immigration for America: http://reformimmigrationforamerica.org/

Pew Hispanic Center: http://www.pewhispanic.org

U.S. Census Bureau: http://www.census.gov National Council of La Raza:

http://www.nclr.org

QUESTIONS?