Washington Update
August 2004

Urge Congress to Restore SSI Benefits for Refugees and Asylees
By Lynette Engelhardt Stott, LIRS Director for Government Relations

The 1996 welfare law imposed draconian restrictions on immigrants’ eligibility for public benefits, including Supplemental Security Income (SSI), a program that provides a basic monthly income to low-income people who are age 65 or older, disabled or blind. While most new immigrants were prevented from receiving SSI, Congress did give special consideration to refugees, people granted asylum, Cubans and Haitians with refugee-like status, and certain other “humanitarian” immigrants who have fled persecution, including violence and torture. As a result under current law these refugees and other humanitarian immigrants are eligible to receive SSI only for their first seven years in the United States unless they are able to naturalize and become U.S. citizens. There is no time limit on SSI for citizens.

Congress set the limit for immigrants in part because they believed it would provide sufficient time to naturalize. But this has not proved to be the case. Elderly refugees often find learning English difficult and may not be able to pass the English language civics exam. Immigrants aren't eligible to apply for U.S. citizenship until they have lived here for at least five years and have a green card, leaving just two years to complete the process. Even then, large backlogs and arbitrary rules prevent them from meeting the deadline. For example, an arbitrary cap on the number of asylees who may get green cards each year has resulted in waits averaging 15 years from time of filing.

Beginning in August 2003 thousands of low-income, elderly and disabled refugees began losing their SSI—for many, the only income they had. Over 8,000 refugees will reach the seven-year limit this year. The Social Security Administration estimates that about 48,000 refugees and humanitarian immigrants will reach the limit by 2010.

In order to protect these elderly and disabled individuals, it is necessary to remove the time restrictions on eligibility so that these individuals can continue to receive SSI.

President Bush did acknowledge the problem in his fiscal year 2005 budget proposal, and proposed a short-term extension of eligibility, but Congress must pass legislation to make the extension a reality. Legislation has been introduced in both the House and Senate. Reps. Benjamin Cardin (D-MD) and Amo Houghton (R-NY) introduced legislation that would provide for a two-year extension of eligibility plus a provision to cover those who have already lost their benefits. Sens. Gordon Smith (R-OR), Richard Lugar (R-IN) and Herbert Kohl (D-WI) also have introduced legislation to provide for a two-year extension of eligibility.

Please contact your members of Congress and urge them to co-sponsor these important bipartisan bills. The House bill, introduced March 25, is called the Bipartisan SSI Refugee Act (H.R.4035). The Senate bill, introduced July 8, is called the SSI Extension for Elderly and Disabled Refugees Act (S.2623).

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