BILL ANALYSIS
AB 2417
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Date of Hearing: April 4, 2000
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Dion Aroner, Chair
AB 2417 (Firebaugh) - As Introduced: February 24, 2000
SUBJECT : Assistance for immigrants: Food stamps and Supplemental
Security Income
SUMMARY : Extends indefinitely the eligibility of certain legal
immigrants for benefits under the California Food Assistance
Program (CFAP) and Cash Assistance Program for Immigrants
(CAPI). Specifically, this bill :
1)Repeals the existing September 30, 2000, sunset date on the
eligibility of legal immigrants who entered the U.S. on or
after August 22, 1996, for CFAP and CAPI benefits, thereby
extending benefits for these immigrants indefinitely.
2)Restricts the application of the existing five-year income
deeming period to legal immigrants who entered the U.S. on or
after August 22, 1996, and have executed an enforceable
affidavit of support with the federal government.
EXISTING FEDERAL LAW restricts the eligibility of lawfully
present noncitizens who entered the U.S. on or after August 22,
1996, for federal food stamps and Supplemental Security Income
(SSI) benefits to those noncitizens who have 40 qualifying
quarters of work or who become naturalized.
EXISTING STATE LAW :
1)Establishes the CFAP and CAPI programs to provide state-funded
food stamps and state-funded SSI, respectively, to:
a) Legal immigrants who entered the U.S. on or before
August 21, 1996, and who are eligible for federal food
stamps or SSI, but for their immigration status.
b) Legal immigrants who are otherwise eligible for federal
food stamps or SSI benefits and who entered the U.S. on or
after August 22, 1996, only if they have a sponsor and the
sponsor is deceased or disabled, or the immigrant is a
victim of abuse by the sponsor.
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c) Until September 30, 2000, legal immigrants who are
otherwise eligible for federal food stamp or SSI benefits
and who entered the U.S. on or after August 22, 1996.
2)Requires that income available to a sponsor of an immigrant
who entered the U.S. on or after August 22, 1996, be deemed
available to the sponsored immigrant for a period of five
years in the CAPI program, and for a period of three years in
the CFAP program.
FISCAL EFFECT : Unknown.
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COMMENTS :
2)Public Law 104-193, the federal welfare reform law, enacted
August 22, 1996, eliminated eligibility for the federal food
stamps and SSI programs for most immigrants. Subsequent
federal legislation restored benefits for food stamps and SSI
benefits to immigrants who entered the U.S. before August 22,
1996.
2)The CFAP and CAPI programs were established by AB 1576
(Bustamante), Chapter 278, Statutes of 1997, to provide
state-only food stamps and SSI benefits to immigrants who
entered the U.S. before August 22, 1996, who would have lost
their benefits under federal welfare reform. AB 2779 (Aroner),
Chapter 329, Statutes of 1998, and AB 1111 (Aroner), Chapter
147, Statutes of 1999, expanded the CFAP and CAPI programs to
provide benefits to eligible immigrants that entered the U.S.
after the enactment of federal welfare reform.
2)The Governor's budget estimates an average monthly caseload of
87,000 in the CFAP program and 11,000 in the CAPI program in
the current fiscal year.
2)The sponsors argue that the extension of CFAP and CAPI
eligibility will provide needed benefits to vulnerable
populations of adults and children in California. According to
a 1998 study conducted by California Food Policy Advocates,
legal immigrant households losing food stamp benefits are far
more likely to face hunger and food insecurity than similar
households maintaining food stamps benefits. Sponsors maintain
that legal immigrants work and pay taxes like any other U.S.
resident and that they should be entitled to the same social
safety net protections that are afforded to citizens. In 1997,
the National Academy of Sciences, comparing tax payments and
the costs of public benefits, found that the average immigrant
household in California makes a net contribution of $1,178 in
taxes.
2)For the purpose of calculating eligibility for assistance in
the CAPI program, current state law requires that the income
of immigrants' sponsors be deemed to be available to
immigrants who entered after August 22, 1996, for a period of
five years. Federal welfare reform, enacted in 1996, created a
new, legally enforceable affidavit of support that is required
of all sponsored immigrants. However, the new affidavit was
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not finalized until December of 1997, nearly a year and a half
after the enactment of welfare reform. Therefore, a number of
immigrants entered the country post-welfare reform, but under
the unenforceable affidavit of support. Federal deeming rules
for SSI eligibility under the old affidavit of support lasts
for three years. This bill applies income deeming rules to
applicants for the CAPI program based on the type of affidavit
they signed, rather than their date of entry to the country,
which is consistent with the application of deeming rules in
the CFAP program.
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REGISTERED SUPPORT / OPPOSITION :
Support
California Immigrant Welfare Collaborative (sponsor)
605 Citizenship Project
Armenian Relief Society
Asian American Drug Abuse Program Inc.
Asian American Senior Citizens Service Center
Asian Law Alliance
Asian Pacific Health Care Venture
Asian Pacific Islander American Health Forum
Asian Pacific Policy and Planning Council
California Child, Youth and Family Coalition
California Food Policy Advocates
California Institute for Rural Studies
Cambodian Association of America
Casa Del Pueblo
Centro Shalom
Children's Advocacy Institute
County Welfare Directors Association of California
Hillview Mental Health Center, Inc.
Immigrant Legal Resource Center
Immigrant Student Assessment Center
Instituto Sanchez-Mendoza
Korean Health, Education, Information and Research Center
Maternal and Child Health Access
Mexican American Legal Defense and Education Fund
Napa County Council for Economic Opportunity
National Korean- American Services and Education Consortium
OCAPICA
Orange County Community Housing Corporation
Pacific Asian Language Services (PALS) for Health
Pilipino Workers Center of Southern California
Placentia Human Services
Planned Parenthood of San Diego and Riverside Counties
Santa Ana Hospital Medical Center
Service Employer's International Union Local 660
South Central Family Health Center
Southern California Association of Non-Profit Housing (SCANPH)
Thai Community Development Center
United Lao Movement for Democracy
Western Center on Law and Poverty
Opposition : None on file.
AB 2417
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Analysis Prepared by : Andy Shaw / HUM. S. / (916) 319-2247