Levenberg, Burdick, Epstein, De Los Santos, Clark, Forrest, Cruz, Gallagher, O'Pharrow
MLTSPNSR
Amd §122, Soc Serv L
Relates to eligibility for the temporary assistance to needy families block grant program, safety net assistance and medical assistance for certain noncitizens.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A325
SPONSOR: Gonzalez-Rojas TITLE OF BILL:
An act to amend the social services law, in relation to eligibility for
the temporary assistance to needy families block grant program, safety
net assistance and medical assistance for certain noncitizens
PURPOSE OR GENERAL IDEA OF BILL:
Relates to eligibility for the temporary assistance to needy families
block grant program, safety net assistance and medical assistance for
certain noncitizens
SUMMARY OF PROVISIONS:
Section 1 amends section 122 of the social services law by adding
subparagraph viii to subdivision 1, which includes noncitizens, their
spouses, and unmarried children under twenty-one years of age to be
eligible for additional state payments for aged, blind and disabled
persons, family assistance, safety net assistance, services. It includes
victims of crime including human trafficking, domestic violence,
torture, in eligibility via the Violence Against Women Act, special
immigrant juvenile status, or application for asylum. It stipulates the
forms of attestation and the duration of services as well as when and
under which circumstances benefits would cease to be provided.
Section 2 sets the effective date.
JUSTIFICATION:
All forms of violence are interconnected and disproportionately impact
communities at the intersections of oppressive systems. This is partic-
ularly true for immigrants who are undocumented and are often disadvan-
taged in their ability to access resources. The United States Department
of State estimates between 14,500 and 17,500 victims are trafficked
within the United States each year and that an estimated 72% of these
victims are immigrants. A Legal Momentum study also found that immigrant
women experience abuse at two times the rate of the general U.S. popu-
lation. Additionally, per researchers associated with JAMA, the esti-
mates on the overall prevalence of torture among immigrants and refugees
range from 5% to 35%. Without resources and access to public benefits,
immigrants are more susceptible to various forms of violence and harm.
Therefore, the provision of resources is an anti-violence strategy.
According to a 2018 joint report by the National Domestic Violence
Hotline, National Resource Center on Domestic Violence, and the National
Latin@ Network, access to economic Security programs like Temporary
Assistance for Needy Families (TANF), which provides direct financial
assistance to families living in poverty, affordable healthcare (through
Medicaid, Medicare, or the Affordable Care Act), housing assistance, and
other programs are critical in providing increased economic stability
for survivors. This legislation will provide temporary access to public
benefits to immigrants who are in the process of being documented and
are victims of crime in order to provide relief as these individuals go
through the immigration process and obtain employment, education or
access other opportunities to become independent and safer.
The estimated annual cost of crime is $4.71-$5.76 trillion. Supporting
victims/survivors is the moral and fiscal responsibility of the govern-
ment and this bill will help us accomplish both goals.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
325
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. GONZALEZ-ROJAS, LEVENBERG, BURDICK, EPSTEIN,
DE LOS SANTOS, CLARK, FORREST -- read once and referred to the Commit-
tee on Social Services
AN ACT to amend the social services law, in relation to eligibility for
the temporary assistance to needy families block grant program, safety
net assistance and medical assistance for certain noncitizens
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraphs (vi) and (vii) of paragraph (a) of subdivi-
2 sion 1 of section 122 of the social services law, as amended by chapter
3 669 of the laws of 2022, are amended and a new subparagraph (viii) is
4 added to read as follows:
5 (vi) a noncitizen granted status as a Cuban and Haitian entrant as
6 defined in section 501(e) of the federal Refugee Education Act of 1980
7 within the previous five years with respect to benefits under the tempo-
8 rary assistance to needy families block grant program, and safety net
9 assistance and within the previous seven years with respect to medical
10 assistance; [and]
11 (vii) a noncitizen admitted to the United States as an Amerasian immi-
12 grant as described in section 402(a)(2)(A) of the federal personal
13 responsibility and work opportunity reconciliation act of 1996 within
14 the previous five years with respect to benefits under the temporary
15 assistance to needy families block grant program, and safety net assist-
16 ance and within the previous seven years with respect to medical assist-
17 ance[.]; and
18 (viii) a noncitizen and their spouse and unmarried children under
19 twenty-one years of age, who entered the United States within the previ-
20 ous five years with respect to benefits under the temporary assistance
21 to needy families block grant program, and safety net assistance program
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00994-01-5
A. 325 2
1 and within the previous seven years with respect to medical assistance,
2 provided such noncitizen:
3 (1) (A) has been confirmed as a victim of human trafficking by the
4 office of temporary and disability assistance and the division of crimi-
5 nal justice services, pursuant to section four hundred eighty-three-cc
6 of this chapter; or
7 (B) has provided a sworn statement that the noncitizen is a foreign-
8 born victim of trafficking or domestic violence and other serious crimes
9 for which immigration relief is available via pursuit of a T or U visa,
10 Violence Against Women Act related petition or application, special
11 immigrant juvenile status, or application for asylum, in addition to at
12 least one item of corroborating evidence, including, but not limited to:
13 (I) a written notice from the federal agency confirming receipt of the
14 T or U visa application, Violence Against Women Act related petition or
15 application, special immigrant juvenile status, claim that the nonciti-
16 zen is a victim of torture, or application for asylum; or
17 (II) attestation from an attorney or service provider that the noncit-
18 izen is a victim of human trafficking, domestic violence or any other
19 crimes that form the basis for applying for a T or U visa, filing a
20 Violence Against Women Act related petition or application, filing for
21 special immigrant juvenile status, a victim of torture, or filing an
22 application for asylum and that the noncitizen is on the waiting list
23 for legal or social services related to such victimization; provided,
24 however, that if an attorney who provided a noncitizen with an attesta-
25 tion under this subclause is no longer able to represent the noncitizen
26 for these immigration needs, the noncitizen may submit a new attestation
27 from another attorney, which will start anew the deadline to apply for
28 immigration relief.
29 (2) (A) For a noncitizen who has filed a petition or application for
30 immigration relief pursuant to subclause (B) of clause one of this
31 subparagraph, benefits issued pursuant to this subparagraph shall be
32 available to the noncitizen and their spouse and unmarried children
33 under twenty-one years of age for the duration that such noncitizen's
34 immigration-related petition or application is pending. For petitions or
35 applications that remain pending two years after the initial filing of
36 such petition or application, the administering entities issuing the
37 temporary assistance to needy families block grant program, the safety
38 net assistance program or medical assistance to eligible noncitizens
39 shall issue requests for confirmation of pending status.
40 (B) For noncitizens who have not yet filed a petition or application
41 for immigration relief pursuant to subclause (B) of clause one of this
42 subparagraph, benefits issued pursuant to this subparagraph shall be
43 available for up to two years for the noncitizen and their spouse and
44 unmarried children under twenty-one years of age. Such benefits shall
45 discontinue if there is a final administrative denial of the immigra-
46 tion-related petition or application under Section 1101(a)(15)(T),
47 1101(a)(15)(U), 1101(a)(27)(J), 1101(a)(51), 1158, or 1229b(b)(2) of
48 Title 8 of the United States Code.
49 § 2. This act shall take effect immediately.
