§ 7.2 Public Benefit Programs Administered by the Oregon Department of Human Services and the Oregon Health Authority

• Library: Rights of Foreign Nationals (OSBar) (2020 Ed.)

§ 7.2 PUBLIC BENEFIT PROGRAMS ADMINISTERED BY THE OREGON DEPARTMENT OF HUMAN SERVICES AND THE OREGON HEALTH AUTHORITY

§ 7.2-1 Generally

DHS administers the cash assistance programs, SNAP, the refugee assistance programs, and some medical programs for refugees, the elderly, and people with disabilities. The Oregon Health Authority (OHA) administers all other medical programs. Although OHA is designated as the "single state agency" mandated to ensure that Oregon's medical programs comply with federal Medicaid law (when applicable), OHA has delegated the task of assessing eligibility for all OHA programs to DHS. DHS and OHA are the two primary agencies that immigrants turn to for assistance. See § 7.2-2(a) to § 7.2-2(g). All DHS and OHA programs are means-tested programs, with varying income and resource limits. Additional eligibility factors can include immigration status, age, household size and composition, and whether the individual is disabled. The income, resource, and other eligibility factors are beyond the scope of this chapter.

§ 7.2-1(a) Attestation and Verification of Legal Status

Anyone required to meet immigrant status requirements for a DHS program must attest to the status by signing a statement under penalty of perjury. OAR 461-120-0130. Not all OHA programs require immigration status, but an attestation and verification of status will be required to enroll in any of the medical programs that do have status requirements. DHS and OHA verify the legal status of all eligible noncitizens, primarily through reviewing documentary proof of status and verifying the document online via the SAVE system. See U.S. Citizenship and Immigration Servs, SAVE, < www.uscis.gov/save >. The SAVE system is the USCIS process used to verify eligibility for several benefit programs. See 42 USC § 1320b-7.

NOTE: USCIS may not use any information gathered by SAVE to initiate deportation or removal proceedings or evaluate an immigrant's work authorization. However, USCIS may use SAVE information for criminal law enforcement purposes. Immigration Reform and Control Act of 1986, Pub L 99-603, § 121(c)(1), 100 Stat 3359, 3391 (the SAVE system "shall not be used . . . for administrative (non-criminal) immigration enforcement purposes").

A number of documents may be used to prove legal status, including I-94 (Arrival/Departure Record) forms and permanent resident cards. DHS will accept expired immigration documents for one certification or redetermination period and will initiate a query using SAVE to assess current status. If SAVE does not validate the required immigrant status, the recipient will need to provide new immigrant documents at the next certification period. Or Dep't of Human Servs, Family Services Manual, ch 9 (Noncitizens), pp A-2 to A-3, < www.oregon.gov/DHS/SSP/F SM/FSM/09nc-a.pdf >.

§ 7.2-1(b) Deeming

LPRs with sponsors (generally those who have adjusted via family-based petitions after December 19, 1997) who have signed I-864 affidavits are subject to deeming in TANF, the Oregon Health Plan (not including CAWEM assistance or the Cover All Kids program), and SNAP, with some exceptions.

NOTE: I-864 is a USCIS affidavit of support. The form is available at < www.uscis.gov/i-864 >.

Under deeming, the LPR's sponsor's and the sponsor's spouse's income and resources (if the spouse has also signed the I-864) are counted as income and resources for the LPR in determining the LPR's financial eligibility for benefits, even when the sponsor and spouse are not part of the applicant LPR's household or filing group. OAR 461-145-0830(2); see OAR 461-145-0810. Sponsored LPRs will be subject to deeming until they have earned 40 qualifying quarters in covered employment, until they naturalize, or until their sponsor dies. OAR 461-145-0830(2)(c), (g)-(h). Sponsored children under the age of 18 are not subject to deeming. OAR 461-145-0830(2)(i).

There are two important exemptions to the deeming requirement. The first relates to LPRs whose sponsors provide inadequate support. An indigent immigrant is an LPR whose sponsor executed an I-864 affidavit, but the sponsored immigrant "would, in the absence of the assistance provided by the agency, be unable to obtain food and shelter, taking into account the alien's own income, plus any cash, food, housing, or other assistance provided by other individuals, including the sponsor." 8 USC § 1631(e)(2); cf. OAR 461-145-0830(2)(d). If such a determination is made, then only the income and resources that the sponsor and his or her spouse actually provide, if any, to the immigrant should be considered. 8 USC § 1631(e)(1); OAR 461-145-0830(2)(d).

The second exemption applies to noncitizens who are battered immigrant spouses, battered immigrant children, immigrant parents of a battered child, or immigrant children of a battered parent, as long as the battered noncitizen does not live in the same household as the person responsible for the battery. No deeming will be applied for a 12-month period, and the period can be extended if the noncitizen demonstrates that the battery is recognized in a court or administrative order. It can also be extended if DHS determines that the battery has a substantial connection to the need for benefits. 8 USC § 1631(f); OAR 461-145-0830(2)(e).

States may, but are not required to, hold sponsors liable for the LPR's receipt of means-tested public benefits.

For additional information on deeming issues, see the National Immigration Law Center, Guide to Immigrant Eligibility for Federal Programs (4th ed 2002), available for download at < www.nilc.org/issues/economic-support/guidefed >.

§ 7.2-1(c) DHS Language Policy

Title VI of the Civil Rights Act of 1964 prohibits denying a person federal benefits because of discrimination based on a person's race, color, or national origin. 42 USC § 2000d. National-origin discrimination includes a program's failures to address language barriers presented by non-English-speaking clients.

When the caseload of a local DHS office includes 35 or more non-English-speaking households sharing the same language, DHS must offer translated materials and access to a caseworker who is at least fluent in that language. ORS 411.970(2). DHS already provides written translations of documents and forms in several languages, including English, Spanish, Russian, and Vietnamese. Furthermore, DHS staff are trained to use language identification tools and phone interpreting service for non-English-speaking clients.

§ 7.2-2 Specific Programs

§ 7.2-2(a) Supplemental Nutrition Assistance Program (SNAP)

After passage of the Food, Conservation, and Energy Act of 2008 (Pub L 110-246, 122 Stat 1651), the Food Stamp program became known as SNAP. SNAP provides electronic benefits cards to low-income persons for food purchases. In addition to meeting financial eligibility criteria, participants in SNAP must meet other requirements, including looking for work and accepting suitable employment.

Like TANF benefits, the amount of monthly SNAP benefits participants are eligible to receive depends on the number of household members and each member's immigration status. Each member of the household is evaluated individually.

The following qualified noncitizens are eligible for SNAP without a waiting period:

• children under age 18, OAR 461-120-0125(6)(b);
• blind or disabled immigrants who receive disability assistance or benefits, OAR 461-120-0125(6)(f); and
• active-duty members or honorably discharged veterans of the U.S. armed forces, or a spouse or a child of a veteran or active-duty service member, OAR 461-120-0125(2)(c).

The following immigrants are eligible without a waiting period even if they are not qualified noncitizens:

• refugees admitted under 8 USC § 1157, OAR 461-120-0125(6)(a)(A);
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