NY State Senate Bill 2023-S7789

Senate Bill S7789

2023-2024 Legislative Session

Relates to eligibility for the temporary assistance to needy families block grant program, safety net assistance and medical assistance for certain noncitizens

download bill text pdf

Current Bill Status - In Senate Committee Social Services Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to social services
Dec 06, 2023	referred to rules

2023-S7789 (ACTIVE) - Details

See Assembly Version of this Bill:: A8318
Current Committee:: Senate Social Services
Law Section:: Social Services Law
Laws Affected:: Amd §122, Soc Serv L

2023-S7789 (ACTIVE) - Summary

Relates to eligibility for the temporary assistance to needy families block grant program, safety net assistance and medical assistance for certain noncitizens.

2023-S7789 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7789

SPONSOR: CLEARE
 
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.

2023-S7789 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7789
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             December 6, 2023
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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:
 
   Section 1. Subparagraphs (vi) and (vii) of paragraph (a)  of  subdivi-
 sion  1 of section 122 of the social services law, as amended by chapter
 669 of the laws of 2022, are amended and a new  subparagraph  (viii)  is
 added to read as follows:
   (vi)  a  noncitizen  granted  status as a Cuban and Haitian entrant as
 defined in section 501(e) of the federal Refugee Education Act  of  1980
 within the previous five years with respect to benefits under the tempo-
 rary  assistance  to  needy families block grant program, and safety net
 assistance and within the previous seven years with respect  to  medical
 assistance; [and]
   (vii) a noncitizen admitted to the United States as an Amerasian immi-
 grant  as  described  in  section  402(a)(2)(A)  of the federal personal
 responsibility and work opportunity reconciliation act  of  1996  within
 the  previous  five  years  with respect to benefits under the temporary
 assistance to needy families block grant program, and safety net assist-
 ance and within the previous seven years with respect to medical assist-
 ance[.]; AND
   (VIII) A NONCITIZEN AND THEIR  SPOUSE  AND  UNMARRIED  CHILDREN  UNDER
 TWENTY-ONE YEARS OF AGE, WHO ENTERED THE UNITED STATES WITHIN THE PREVI-
 OUS  FIVE  YEARS WITH RESPECT TO BENEFITS UNDER THE TEMPORARY ASSISTANCE
 TO NEEDY FAMILIES BLOCK GRANT PROGRAM, AND SAFETY NET ASSISTANCE PROGRAM
 AND WITHIN THE PREVIOUS SEVEN YEARS WITH RESPECT TO MEDICAL  ASSISTANCE,
 PROVIDED SUCH NONCITIZEN:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13331-01-3
 S. 7789                             2

 
   (1)  (A)  HAS  BEEN  CONFIRMED AS A VICTIM OF HUMAN TRAFFICKING BY THE
 OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE AND THE DIVISION OF CRIMI-
 NAL JUSTICE SERVICES, PURSUANT TO SECTION FOUR  HUNDRED  EIGHTY-THREE-CC
 OF THIS CHAPTER; OR
   (B)  HAS  PROVIDED A SWORN STATEMENT THAT THE NONCITIZEN IS A FOREIGN-
 BORN VICTIM OF TRAFFICKING OR DOMESTIC VIOLENCE AND OTHER SERIOUS CRIMES
 FOR WHICH IMMIGRATION RELIEF IS AVAILABLE VIA PURSUIT OF A T OR U  VISA,
 VIOLENCE  AGAINST  WOMEN  ACT  RELATED  PETITION OR APPLICATION, SPECIAL
 IMMIGRANT JUVENILE STATUS, OR APPLICATION FOR ASYLUM, IN ADDITION TO  AT
 LEAST ONE ITEM OF CORROBORATING EVIDENCE, INCLUDING, BUT NOT LIMITED TO:
   (I) A WRITTEN NOTICE FROM THE FEDERAL AGENCY CONFIRMING RECEIPT OF THE
 T  OR U VISA APPLICATION, VIOLENCE AGAINST WOMEN ACT RELATED PETITION OR
 APPLICATION, SPECIAL IMMIGRANT JUVENILE STATUS, CLAIM THAT THE  NONCITI-
 ZEN IS A VICTIM OF TORTURE, OR APPLICATION FOR ASYLUM; OR
   (II) ATTESTATION FROM AN ATTORNEY OR SERVICE PROVIDER THAT THE NONCIT-
 IZEN  IS  A  VICTIM OF HUMAN TRAFFICKING, DOMESTIC VIOLENCE OR ANY OTHER
 CRIMES THAT FORM THE BASIS FOR APPLYING FOR A T  OR  U  VISA,  FILING  A
 VIOLENCE  AGAINST  WOMEN ACT RELATED PETITION OR APPLICATION, FILING FOR
 SPECIAL IMMIGRANT JUVENILE STATUS, A VICTIM OF  TORTURE,  OR  FILING  AN
 APPLICATION  FOR  ASYLUM  AND THAT THE NONCITIZEN IS ON THE WAITING LIST
 FOR LEGAL OR SOCIAL SERVICES RELATED TO  SUCH  VICTIMIZATION;  PROVIDED,
 HOWEVER,  THAT IF AN ATTORNEY WHO PROVIDED A NONCITIZEN WITH AN ATTESTA-
 TION UNDER THIS SUBCLAUSE IS NO LONGER ABLE TO REPRESENT THE  NONCITIZEN
 FOR THESE IMMIGRATION NEEDS, THE NONCITIZEN MAY SUBMIT A NEW ATTESTATION
 FROM  ANOTHER  ATTORNEY, WHICH WILL START ANEW THE DEADLINE TO APPLY FOR
 IMMIGRATION RELIEF.
   (2) (A) FOR A NONCITIZEN WHO HAS FILED A PETITION OR  APPLICATION  FOR
 IMMIGRATION  RELIEF  PURSUANT  TO  SUBCLAUSE  (B)  OF CLAUSE ONE OF THIS
 SUBPARAGRAPH, BENEFITS ISSUED PURSUANT TO  THIS  SUBPARAGRAPH  SHALL  BE
 AVAILABLE  TO  THE  NONCITIZEN  AND  THEIR SPOUSE AND UNMARRIED CHILDREN
 UNDER TWENTY-ONE YEARS OF AGE FOR THE DURATION  THAT  SUCH  NONCITIZEN'S
 IMMIGRATION-RELATED PETITION OR APPLICATION IS PENDING. FOR PETITIONS OR
 APPLICATIONS  THAT  REMAIN PENDING TWO YEARS AFTER THE INITIAL FILING OF
 SUCH PETITION OR APPLICATION, THE  ADMINISTERING  ENTITIES  ISSUING  THE
 TEMPORARY  ASSISTANCE  TO NEEDY FAMILIES BLOCK GRANT PROGRAM, THE SAFETY
 NET ASSISTANCE PROGRAM OR MEDICAL  ASSISTANCE  TO  ELIGIBLE  NONCITIZENS
 SHALL ISSUE REQUESTS FOR CONFIRMATION OF PENDING STATUS.
   (B)  FOR  NONCITIZENS WHO HAVE NOT YET FILED A PETITION OR APPLICATION
 FOR IMMIGRATION RELIEF PURSUANT TO SUBCLAUSE (B) OF CLAUSE ONE  OF  THIS
 SUBPARAGRAPH,  BENEFITS  ISSUED  PURSUANT  TO THIS SUBPARAGRAPH SHALL BE
 AVAILABLE FOR UP TO TWO YEARS FOR THE NONCITIZEN AND  THEIR  SPOUSE  AND
 UNMARRIED  CHILDREN  UNDER  TWENTY-ONE YEARS OF AGE. SUCH BENEFITS SHALL
 DISCONTINUE IF THERE IS A FINAL ADMINISTRATIVE DENIAL  OF  THE  IMMIGRA-
 TION-RELATED  PETITION  OR  APPLICATION  UNDER  SECTION  1101(A)(15)(T),
 1101(A)(15)(U), 1101(A)(27)(J), 1101(A)(51),  1158,  OR  1229B(B)(2)  OF
 TITLE 8 OF THE UNITED STATES CODE.
   § 2. This act shall take effect immediately.

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