SSI Extension for Refugees

From Dinah Wiley of the National Immigration Law Center:

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, October 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 the year 2011 under a sunset provision in H.R. 2608, "The SSI Extension for Elderly and Disabled Refugees Act."  Advocates have developed a fact sheet about the new law, available [here].

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: 

a)    they have been a lawful permanent resident (green card holder) for less than six years; OR
b)    they applied to become a lawful permanent resident (get a green card) within four years after you started receiving SSI; OR
c)    they are or were granted status as a Cuban or Haitian Entrant OR
d)    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 (SSA) 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 at wiley@nilc.org.

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