Jane Doe v. Claire McIntire, App. No. 01-P-1013 (Mass.) (August 10, 2001) Amicus brief appealing a denial of
TANF benefits to two immigrant women lawfully residing in Massachusetts, the denial was based on six month
residence requirement before receiving benefits. One woman was fleeing domestic violence and the other residing
with family during pregnancy. (Foley, Hoag & Eliot, Pro Bono)
Public Benefits & Economic Stability > Benefits Available to All Immigrants
Topic: Benefits Available to All Immigrants
Materials regarding the benefits that are available to immigrants regardless of their status.
[pdf] Access to Publicly Funded Legal Services for Immigrant Survivors (2014) (+)
In 2014, the Legal Service Corporation (LSC) issued regulations confirming that all immigrant crime victims are legally eligible for LSC funded legal services under anti-abuse regulations. This brochure discusses immigration status based eligibility as well as eligibility under anti-abuse laws. It provides advocates with a guide to immigrant crime victim access to LSC funded legal services, including an illustration on how VAWA, U-visa, and trafficking victims become eligible for LSC representation.
[pdf] HHS Domestic Violence Fact Sheet: Access to HHS-Funded Services for Immigrant Survivors of Domestic Violence (August 22, 2012) (+)
Discussing the range of HHS funded services and assistance for domestic violence victims that immigrant survivors can access. Covers assistance open to all persons without regard to immigration status, programs that are open to qualified immigrants (e.g. VAWA self-petitioners, battered spouse waiver applicants), Immigrant survivor access to federal means-tested public benefits, obtaining non-work social security numbers, and battered immigrant deeming exemptions.
[pdf] Louisiana DAA Webinar 2 PowerPoint (+)
This presentation will allow audiences to understand how eligibility for immigration relief impacts your cases. The PowerPoint also includes information on how to promote issuance of state court findings for children filing for Special Immigrant Juvenile Status, sign U visa certifications in cases of abused children and their immigrant parents, and help immigrant children access […]
[pdf] Charles, St. Mary’s, Calvert Public Benefts Presentation (+)
This presentation provides an overview of dynamics and barriers immigrant survivors encounter. It also provides information on the full range of protections immigrant survivors of domestic violence, child abuse, sexual assault, stalking, and human trafficking are legally eligible to access. This training is specifically tailored to service providers to know how to assist immigrant and […]
[pdf] NHLP Federally Assisted Housing and Immigrant Eligibility Section 214 of the Housing and Community Development Act of 1980 (Jan-2018) (+)
This fact sheet discusses that housing programs that fall within Section 214 of the Housing Act and are subject to immigrant restrictions and are only open to certain categories of immigrants. The section 214 list of immigrants eligible to receive public and assisted housing includes lawful permanent residents and VAWA self-petitioners.
[pdf] LIHEAP IM HHS Guidance on the Use of Social Security Numbers (SSNs) and Citizenship Status Verification (+)
This document provides guidelines on LIHEAP eligibility for qualified immigrants and mixed status households, including households with a child citizen and non-citizen adults.
[pdf] Chapter 17.3: Post-Assault Healthcare and Crime Victim Compensation for Immigrant Victims of Violence (July 13, 2018) (+)
Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. Under federal crime victim compensation laws states provide health care assistance to crime victims that includes health care funded by the Victims of Crime Act Compensation Act (VOCA). How health care for crime victims is funded, what health care services are covered, how victims apply, and which crime victims are covered varies state by state. In all but one state VOCA funded crime victim compensation is open to all victims without regard to immigration status. Alabama severely restricts the numbers of immigrant victims who can access VOCA funded crime victims compensation based on the immigration status of the victim at the time the crime victimization occurred. This chapter includes two sets of state by state charts that briefly, and in detail, summarize the provisions available by state to immigrant victims of sexual assault and other violent crimes, as well as the victim compensation laws and processes to receive compensation for each state, DC, Puerto Rico, and Guam.
[pdf] Legal Protections and Forensic Considerations for Immigrant and Refugee Child Victims (Powerpoint) (+)
[pdf] Fact Sheet: Immigrant Access to Emergency Shelter and Transitional Housing (October 23, 2016) (+)
This training tool discusses the laws, regulations and policies governing immigrant victim access to shelter and transitional housing, provides links to government policies and provides step by step recommendations for advocacy and documents to take with you when advocating for access to shelter and transitional housing for immigrant victims.
[pdf] Policy Links: Shelter and Transitional Housing Immigrant Victims Feb 22, 2017 (+)
Links to the Joint HUD, HHS, and DOJ Policy on access to emergency shelter, transitional housing and other programs necessary to protect life and safety, to all of the government resources cited in the policy memo and to each of the other government documents confirming immigrant access to shelter and transitional housing.
[pdf] Hawaii Materials Benefits-Confidentiality Training (March 15, 2017) (+)
Materials list covering the following topics: Legal Rights Overview and Brochures; Access to Public Benefits and Services for Immigrant Domestic Violence and Sexual Assault Victims; Child Care; Drivers’ Licenses; Education; Health Care; Shelter and Transitional Housing; Public and Assisted Housing; LIHEAP; Non-Work Social Security Numbers; Public Charge and Immigrant Victims; TANF; VAWA Confidentiality; Legal Services Representation of Immigrant Victims; and Immigrant Victim’s Immigration Options
[pdf] The Law: Immigrants are Legally Eligible for Transitional Housing (February 22, 2017) (+)
Immigrant victims of domestic violence, sexual assault, dating violence, stalking and human trafficking have been eligible for transitional housing historically. The legal right to access transitional housing programs and emergency shelters was first established as part of the welfare and immigration reform legislation in 1996. This right was reaffirmed in 2001 and again in 2016 by federal government agencies including HUD, DOJ, and HHS. Despite this fact some transitional housing programs continue to impose application requirements not required by federal law that impede immigrant and limited English proficient victim access to transitional housing programs necessary to protect life and safety. Many of the application requirements imposed by transitional housing programs immigrant survivors can prove that they meet using alternative forms of evidence from those typically requested by programs. This brochure provides a list of the types of evidence a victim advocate or attorney working with an immigrant victim can gather to prove that immigrant victims, in addition to being legally eligible, also meet program imposed requirements. Advocates and attorneys working with immigrant victims should help them gather any credible evidence to gain admission to transitional housing programs. If you are working with an immigrant victim and have suggestions on other types of evidence that can be used to meet the criteria discussed in this brochure please share them with us so we can add them as examples to this brochure by emailing us at info@niwap.org
This brochure
[pdf] NHLP Chart Federally Assisted Housing and Immigrant Eligibility (Feb. 2017) (+)
National Housing Law Project’ s (NHLP) Chart tracking immigrant eligibility for federal housing assistance.
[pdf] Joint Letter from HUD, HHS, ad DOJ on Immigrant Access to Shelter and Transitional Housing (Aug 2016) (+)
[pdf] Slides Webinar Immigrant Victim Access Federally Assisted Housing (February 22, 2017) (+)
PowerPoint presentation slides for the webinar on access to public and assisted housing, shelter and transitional housing for immigrant victims of domestic violence, sexual assault, stalking, dating violence, trafficking, abused and abandoned immigrant children and immigrant homeless. The document included the PowerPoint presentation and the cover list of documents distributed with the webinar.
*State-By-State Immigrant Access to Health Benefits
Federal law provides access to various medical benefits for both qualified and unqualified immigrants: Qualified immigrants include: (1) LPRs, including Amerasian immigrants; (2) refugees, asylees, persons granted withholding of deportation/removal, conditional entry, or paroled into the U.S. for at least one year; (3) Cuban/Haitian entrants; (4) certain victims of trafficking; and (4) battered spouses and […]
[pdf] Info Packet Webinar Immigrant Access to Housing (February 22, 2017) (+)
This information packet contains a the webinar PowerPoint, copies of relevant government documents, and training tools on immigrant crime victim access to government funded programs providing emergency shelter, transitional housing, public and assisted housing open to immigrant victims of domestic violence, sexual assault, human trafficking, stalking and dating violence. The documents describe what programs are open to all immigrants without regard to immigration status and which are limited to certain categories of immigrant victims including access to public and assisted housing for VAWA self-petitioners and Human Trafficking victims with HHS certifications.
[pdf] SNAPS In Focus: Addressing the Needs of Human Trafficking Victims (2016) (+)
Discusses action plan for serving human trafficking victims. Includes a discussion of the HUD requirement that housing and service providers that they must not turn away immigrants experiencing homelessness or victims of domestic violence or human trafficking, on the basis of their immigration status, from certain housing and services necessary for life or safety – such as street outreach, emergency shelter, and short term housing assistance including transitional housing and rapid rehousing funded through the Emergency Solutions Grants (ESG) and CoC Programs.
[pdf] FAQ Access to FYSB-funded Services for Survivors of Domestic Violence _ Family and Youth Services Bureau _ Administration for Children and Families (2016) (+)
The document confirms that immigrant victims have access to HHS Family Violence Prevention Act funded services including shelter and intermediate/transitional housing. It also discusses that anti-discrimination laws that apply.
[pdf] HHS Cover Letter to FVPSA Grantees (2016) (+)
Cover letter to Tri-agency letter on immigrant access to services necessary to protect life and safety including shelter and transitional housing and crisis counseling and intervention.
[pdf] Office of Health Homes and Lead Hazard Control Policy Guidance (January 16, 2001) (+)
HUD policy on the Lead Hazard Control Program is not a federal public benefit and is open to all persons without regard to immigration status.
[pdf] Domestic Violence Fact Sheet: HHS (2012) (+)
Update of Domestic Violence Fact Sheet: Access to HHS-Funded Services for Immigrant Survivors of Domestic Violence (2012)
[pdf] Office for Victims of Crime Cover Letter to Grantees 8.12.16 (+)
Cover letter to the Tri Agency Letter on immigrant access to services including access to emergency shelter and transitional housing for immigrant victims of domestic violence, sexual assault, human trafficking and abused and abandoned children.
*Three Federal Agencies Issue Joint Agency Letter On Shelters and Transitional Housing (August 12, 2016)
August 12, 2016 Below is an important letter released jointly by the U.S. Department of Housing and Urban Development (HUD), the U.S. Department of Health and Human Services, and the U.S. Department of Justice (DOJ) that reminds recipients of federal funds how the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996 applies to their programs. […]
[pdf] HUD-HHS-DOJ-Letter-Regarding-Immigrant-Access-to-Housing-and-Services (+)
This letter reiterates long standing federal policies that immigrants cannot be denied access to certain services necessary to protect life and safety based on their immigration status.
This letter reiterates that immigrants experiencing homelessness, victims of domestic violence, sexual assault, dating violence, stalking or human trafficking may not be turned away on the basis of immigration status from life and safety services including but not limited to emergency shelters, and short-term housing assistance (including transitional housing and rapid re-housing), crisis counseling and intervention, soup kitchens, community food banks, emergency Medicaid and public health services.
Importantly, this Tri-Agency letter describes the anti-discrimination requirements that apply to all federal grantees and the application of these protections to cases involving immigrants
[pdf] OVW Cover Letter to Grantees Tri-Agency Letter (2016) (+)
OVW Cover Letter to Grantees Tri-Agency Letter (2016)
[pdf] Public Benefits and Language Access (2016) (+)
Presentation at the Culture and Compassion Conference Indianapolis, Indiana covering access to federal and state funded assistance and services to immigrant victims without regard to immigration status, state and federal public benefits open to qualified immigrants and legal requirements of U.S. language access laws.
[pdf] Policies & Practices that Enhance the Legal Rights of Immigrant Domestic Violence Victims (2010) (+)
Topics covered: Dynamics of Domestic Violence for Immigrant Victims, Access to services, public benefits, family law, immigration remedies, divorce and custody
[pdf] OJP-OVC Letter on Access to VOCA Victim Compensation 7.2.2010 (+)
Office of Victims of Crime and Office of Justice Programs statement on immigrant crime victim access to VOCA crime victim compensation.
*Empowering Survivors Table of Contents
This is a comprehensive manual that provides information that will be useful to advocates, attorneys, justice, and social services professionals working with and assisting immigrant survivors of sexual assault. This manual will help advocates and professionals expand their knowledge and capacity to aid immigrant victims of sexual assault in accessing justice under federal and state civil, […]
*Breaking Barriers Table of Contents
Breaking Barriers is a comprehensive manual that provides information that will be useful to advocates, attorneys, justice, and social services professionals working with and assisting immigrant survivors of domestic and family violence. This Manual provides a detailed overview explanation of immigrant survivors’ legal rights under immigration, family, public benefits, and criminal laws and their rights to […]
[pdf] Comparison Chart of Violence Against Women Act (VAWA) Self-Petitioning, U visa, and Special Immigrant Juvenile Status (SIJS) (2015) (+)
This chart compares forms of crime victim based immigration relief for immigrant children. It covers VAWA self-petitioning for child abuse victims, the U visa for child victims of child abuse, sexual assault and other forms of criminal activity and special immigrant juvenile status available for children who have been abused, abandoned or neglected by one or both of their parents. The chart compares eligibility for immigration relief, the immigration relief process, timing of access to lawful permanent residency and access to public benefits and services among these three forms of immigration relief.
[pdf] Access to Emergency Shelters and Transitional Housing for Battered Immigrants and Immigrant Victims of Crime (June 3, 2014) (+)
The National Immigrant Women’s Advocacy Project (NIWAP) conducted a nationwide survey of advocates, attorneys, government agencies, victim services, and members of the justice system, who were asked to answer a series of questions about immigrant clients (who had been victims of domestic violence, sexual assault, child abuse, or human trafficking) who encountered, needed, or sought access to transitional housing services. This paper will provide an overview of survey participants and will focus on reporting, analyzing, and making policy recommendations regarding the data collected on transitional housing. The survey sought to discover what immigrant survivors of domestic violence, sexual assault, human trafficking, and child abuse are being asked to prove to be able to gain access to transitional housing and whether they are allowed to prove eligibility using the “any credible evidence” standard of proof akin to evidentiary standards used for VAWA immigration cases.
[pdf] Anti-Discrimination Provisions that Apply to Programs Receiving Federal Funding Serving Victims of Violence Against Women Crimes (February 10, 2017) (+)
All programs that serve survivors of domestic violence, sexual assault, stalking, dating violence, child abuse, elder abuse, human trafficking or other crime victims and directly or indirectly receive federal funding or assistance are responsible for complying with anti-discrimination laws. This fact sheet will discuss the anti-discrimination provisions of laws and programs with particular applicability to immigrant and Limited English Proficient (LEP) crime victims. By Catherine Longville and Leslye E. Orloff
[pdf] Programs Open to Immigrant Victims and All Immigrants Without Regard to Immigration Status (July 23, 2015) (+)
This brochure contains a list of programs for the protection of life, safety and public health, as well as legal services, which are available to immigrants regardless of their immigration status.
[pdf] Chapter 04.3: Barriers to Accessing Services: The Importance of Advocates Accompanying Battered Immigrants Applying for Public Benefits (+)
This chapter discusses the different barriers which immigrants may encounter with regard to accessing services. It discusses the impact of Welfare Reform on immigrant families. This chapter also includes a policy guidance issued by the Department of Health and Human Services, regarding handling questions on citizenship, immigration status, and social security numbers during the benefits application process, as well as facilitating access to public benefits for persons with limited English proficiency (LEP). Other topics included in this chapter are Medicaid and SCHIP, food stamps, and Temporary Assistance to Needy Families (TANF).
[pdf] Chapter 04.1: Access to Programs and Services that Can Help Battered Immigrants (+)
This chapter highlights several important types of assistance that nonprofit organizations serving immigrant victims of domestic violence may provide and discusses the requirements that service providers must meet when working with battered immigrant populations. Specifically, the chapter describes shelter services, victim compensation, legal assistance, and other types of federal benefits that organizations may provide to battered immigrants. Next, it discusses federal laws prohibiting service providers from discriminating on the basis of national origin and requiring them to provide services without regard to immigration status when necessary to protect the life and safety of a victim.
[pdf] Federal Preemption of State Laws That Attempt to Restrict Immigrant Access to Services Necessary to Protect Life and Safety (2013) (+)
Although the power to regulate immigration and enact immigration laws rests exclusively with the federal government, some state laws and local ordinances have been enacted to involve state and local officials in immigration enforcement and to cut off access to programs, benefits, and services to non-citizens including undocumented immigrants. This article discusses federal preemption of state laws that attempt to restrict immigrant access to services that have been deemed by the Attorney General of the United States to be necessary for the protection of life and safety.
[pdf] Services and Assistance Legally Available to Help Immigrant Victims of Violence Against Women (+)
Training powerpoint on public benefits from the December 1, 2010 Sioux Falls, South Dakata
[pdf] Chapter 17.1: Emergency Medicaid: Urgent Medical Services for Immigrant Crime Victims and Children (December 7, 2016) (+)
Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. Under federal health care, public benefits and immigration laws states have obligations to provide emergency medicaid to immigrants without regard to immigration status. This includes immigrant victims of sexual assault. This chapter is intended to provide an overview regarding health benefits and emergency Medicaid for each state. It provides a chart detailing the definition of what services are provided in the emergency medicaid program, what is covered in each state, and provides a state-by-state chart detailing each state’s laws concerning emergency Medicaid, the coverage provided, and the application process involved.
[pdf] Access to HHS Funded Services for Immigrant Survivors of Domestic Violence Fact Sheet (+)
The Office for Civil Rights created this fact sheet on “Access to HHS funded Services for Immigrant Survivors of Domestic Violence” in an effort to educate domestic violence service providers, immigrant advocates, health and social service providers, benefits agency eligibility workers, and others regarding the complex web of eligibility rules issued by several different Federal agencies, including the U.S. Department of Health and Human Services and the US Department of Justice.
[pdf] Final Specification of Community Programs Necessary for Protection of Life or Safety Under Welfare Reform Legislation (January 16, 2001) (+)
This publication contains the final version of the Attorney General’s Order which was issued pursuant to sections 401 and 411 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. The Order specifies the types of community programs, services, or assistance for which all aliens remain eligible. This publication also responds to comments submitted regarding the Order.
[pdf] Request for Comments on the Attorney General’s Specification of Community Programs Necessary for the Protection of Life or Safety Under the Welfare Reform Act (+)
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 vests in the Attorney General the authority to specify non-means-tested, government-funded community programs, services, or assistance that are necessary for the protection of life or safety and for which all aliens remain eligible. On August 23, 1996, the Attorney General issued an Order implementing that authority and making a “provisional specification.” Before the provisional specification is finalized, the Department is publishing this notice to solicit the input of federal, state, and local agencies operating programs or providing services or assistance that may be covered by that Order.
[pdf] Benefits for Undocumented Immigrants (+)
This brochure highlights services and benefits that are available to immigrants in the US who do not have proper documentation. It also provides a list of agencies that offer services for immigrants and helpful information that may assist immigrants to navigate New York City’s benefits and services available to themselves and their children.