Debunking Myths About Immigrants and Public Benefits

August 16, 2009Shahid Haque
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A friend recently forwarded me a ridiculously inaccurate e-mail that is being forwarded across the country. The e-mail fuels anti-immigrant hysteria by claiming that immigrants and refugees are enjoying better access to public benefits than U.S. citizens.  Here is the text of the e-mail:

If an immigrant is over 65 they can apply for SSI and Medicaid and get more than my mom (in her 80’s) gets for Social Security, and she worked from 1944 till 2004, only getting $791 per month because she was born before 1924 and there is a ‘catch 22’.It is interesting that the federal government provides a single refugee with a monthly allowance of $1,890.00 and each can also obtain an additional $580.00 in social assistance for a total of $2,470.00/month.  This compares very well to a single pensioner who after contributing to the growth and development of America for 40 to 50 years can only receive a monthly maximum of $1,012.00 in old age Pension and Guaranteed Income Supplement.Maybe our pensioners should apply as Refugees! Consider sending this to all your American friends, so we can all be ticked off and maybe get the refugees cut back to $1,012.00 and the pensioners up to $2,470.00 and enjoy some of the money we were forced to submit to the Government over the last 40 or 50 or 60 years.Please forward to every American to expose what our elected politicians(Nancy Pelosi Included) have been doing over the past 11 years – to the over-taxed American.

This message is replete with lies.  To begin with, it creates a false comparison between very different federal programs — SSI and Medicaid are different from social security retirement payments.  SSI and Medicaid are “means-tested public benefits” for people with low income and qualifying disabilities.  The e-mail might as well complain about anyone who receives these benefits.  But to claim that immigrants and refugees somehow enjoy these benefits more than citizens is absurd.An immigrant who is over 65 cannot automatically apply for SSI and Medicaid.  The Welfare Reform Act of 1996 imposed broad restrictions that prevent immigrants from getting most public benefits.  These laws are very detailed, but here are the basic facts:

  • Most lawful immigrants (except refugees and some other humanitarian immigrants) who entered the country after 1996 are barred from receiving SSI at all.  It is simply not available to them until they become citizens or work for 10 years in the U.S.  After that, they are eligible to the same extent as any other resident.
  • Undocumented immigrants cannot get SSI and Medicaid at all.  They can only get emergency Medicaid, which is for immediate medical treatment that is severe and could cause serious jeopardy to the patient’s health.  Basically, this means that they can get emergency room services only, with no follow-up care.
  • Most lawful immigrants (except refugees and some other humanitarian immigrants) who entered the country after 1996 are ineligible to receive any “federal means-tested public benefit” for five years after their lawful admission to the United States.  The only major public benefit available during those five years is emergency Medicaid.  Otherwise, they have to wait five years before getting any benefits.
  • Refugees are entitled to apply for SSI if they are disabled, but they can only receive it for seven years.  After that, they are cut off unless they become citizens.
  • The “facts” about the support payments that refugees get are totally false.  Refugees do get some support payments for 8 months, and certain other benefits like food stamps.  However, payments that refugees are given are not permanent.  They are for a very limited duration of time.  The purpose of these payments are to help displaced refugees find their footing in a new country.  These are not comparable to retirement payments!

Snopes.com also does a good job of debunking this myth, which has been circulating the Internet for many years now.E-mails like these use lies to fuel xenophobic sentiment.  If you come across this message, or hear it repeated in public, please do your part to correct these falsehoods.

Are Puerto Ricans considered immigrants?

May 28, 2009Shahid Haque
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After President Obama’s appointment of Judge Sonia Sotomayor to the U.S. Supreme Court, many in the media referred to Judge Sotomayor as the daughter of immigrant parents. However, this characterization appears to be incorrect.Judge Sotomayor’s parents are Puerto Rican. Puerto Rico is a self-governing “unincorporated territory” of the United States, and has been since the Spanish-American War. Since 1917, people born in Puerto Rico have automatically acquired U.S. citizenship.  Oddly, they cannot vote in federal elections so long as they reside in Puerto Rico, but they can vote when they reside in the incorporated United States.Because Judge Sotomayor’s parents appear to have been born in Puerto Rico, they were U.S. citizens at birth. As such, they weren’t truly immigrants to the United States. The United States and Puerto Rico have very different cultures, and I’m sure the experiences they had in the United States were similar in many ways to Spanish-speaking immigrants. However, I would argue that a U.S. citizen at birth cannot be characterized as an immigrant to his or her home country.

Justice William J. Brennan on Due Process for Immigrants

February 27, 2009Shahid Haque
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Whatever his status under the immigration laws, an alien is surely a ‘person’ in the ordinary sense of that term. Aliens, even aliens whose presence in this country is unlawful, have long been recognized as ‘persons’ guaranteed due process of law by the Fifth and Fourteenth Amendments.

U.S. Supreme Court Justice William J. Brennan, Plyler v. Doe (1982).

Elie Wiesel: “No Human Being is Illegal”

February 27, 2009Shahid Haque
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There is little doubt that in the last few years, we have seen an upswing in anti-immigrant sentiment.  For those of us who spend every day fighting for immigrant rights, it can be a disheartening battle.  In difficult times, I find comfort in quotes about immigration that help to put our problems in perspective.  They remind us that our battles are not new ones, and that we have endured even worse periods in our country’s history.  As I am reminded of these quotes, I will be posting them on this blog.  Hopefully you, too, will find comfort in the wisdom of these quotes.One of today’s most popular and powerful quotes is credited to Elie Wiesel, the writer, Nobel Peace Prize winner and Holocaust survivor:

You who are so-called illegal aliens must know that no human being is ‘illegal’. That is a contradiction in terms. Human beings can be beautiful or more beautiful, they can be fat or skinny, they can be right or wrong, but illegal? How can a human being be illegal?

Coming from a Holocaust survivor who witnessed the worst in humanity, these words are extremely potent.  This quote is the rallying cry for those of us who believe that the term “illegal alien,” or referring to human beings as “illegal,” is dangerously dehumanizing.

Presentation at the Martin Luther King Jr. Celebration Hosted by the Montana Human Rights Network

January 20, 2009Shahid Haque
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Today I had the honor of presenting my views about immigrant rights as a human rights issue.  I spoke at a fundraising event hosted by the Montana Human Rights Network, which was held at the Myrna Loy in Helena, Montana.

I believe that too often, people tend to view immigration as a purely legal issue, and are quick to classify undocumented immigrants as no different from “criminals” who violate the law.  This simplistic view of immigration fails to take into account the human rights conditions that forcibly displace immigrants and compel them to come to the United States, with or without lawful status.  Individuals who come to the United States under these conditions are not criminals and should not be treated as such.My presentation makes the argument that human rights exist apart from the law, and are not constrained by the law as it stands at any given moment.  Further, because human rights conditions often compel undocumented immigration, the treatment of undocumented immigrants in the United States is also a human rights issue.

Advocating for immigrants.

The Border Crossing Law Firm is a full-service immigration law firm, offering help with visas, green cards, citizenship, and deportation proceedings. We have been committed to the immigrant community for two decades, representing thousands of immigrants and their families across the country.

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