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A00325 Summary:

BILL NOA00325
 
SAME ASSAME AS S00710
 
SPONSORGonzalez-Rojas
 
COSPNSRLevenberg, 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.
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A00325 Actions:

BILL NOA00325
 
01/08/2025referred to social services
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A00325 Memo:

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.
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A00325 Text:



 
                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.
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