[Congressional Record Volume 143, Number 27 (Wednesday, March 5, 1997)]
[Senate]
[Pages S1980-S1981]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself and Mrs. Boxer):
  S. 392. A bill to provide an exception to the restrictions on 
eligibility for public benefits for certain legal aliens; to the 
Committee on Finance.


      the elderly and disabled legal immigrant support act of 1997

 Mrs. FEINSTEIN. Mr. President, last year we approved the most 
comprehensive welfare reform this Nation has ever known. Because the 
changes were so comprehensive, this body approved the bill with much 
reservation, particularly on the provision for the elderly and disabled 
legal immigrants.
  Today, I correct one of the major challenges left over from the 
welfare reform last year that if uncorrected, will have a devastating 
impact on the States and counties by shifting the cost of caring for 
the seriously ill and destitute disabled and elderly legal immigrants 
who have absolutely no other means of support.
  I am here to offer the Elderly and Disabled Legal Immigrant Support 
Act with Senator Boxer as the cosponsor in the Senate, and Congressman 
Campbell and Congresswoman Lofgren as sponsors in the House of 
Representatives.
  The Elderly and Disabled Legal Immigrant Support Act of 1997 would 
exempt from the current ban on SSI, those elderly, disabled and/or 
blind legal immigrants, who came to this country prior to passage of 
the welfare bill--August 22, 1996, who can demonstrate that they have 
no family and have no other source of support. This legislation 
prohibits SSI for all legal immigrants coming to this country following 
the date of enactment of the welfare reform bill, August 22, 1996.

  This legislation corrects what I believe is a grave mistake in the 
Federal welfare reform law--a blanket denial of SSI to all legal 
noncitizens, no matter how elderly, disabled, destitute and ill they 
may be.
  Over 20 California county supervisors, both Republican and Democrat, 
have spoken out, in one voice, that the legal immigrant provisions of 
the welfare law will be disastrous for California counties and this 
legislation is critical for the Counties and for the country.
  In California alone, 200,000 to 326,000 people may lose SSI by August 
22, 1997.
  Los Angeles County estimates that eliminating benefits for 93,000 
legal immigrants in its county could cost up to $236 million a year.
  San Francisco estimates that 20,000 legal noncitizens may turn to the 
county's general assistance program, at a total cost of up to $74 
million.
  Many top immigrant States and counties will also bear the burden of 
caring for the elderly, disabled, and blind legal immigrants who are 
banned from SSI.
  New York--126,860 legal immigrants may lose their SSI, costing the 
State approximately $240 million annually.
  Florida--77,920 legal immigrants may lose their SSI, costing the 
State approximately $300 million annually.
  Texas--59,160 legal immigrants may lose their SSI.
  Illinois--25,960 legal immigrants may lose their SSI.
  New Jersey--25,500 legal immigrants may lose their SSI.
  Massachusetts--25,140 legal immigrants may lose their SSI.
  The Republican Governors who supported the welfare reform bill now 
realize that the new law, as written, will result in a huge financial 
cost-shift to their states.
  President Clinton has also recognized that legal immigrants who 
become disabled after entry should not be banned from SSI and food 
stamps and has allocated $13.7 billion in the 1998 budget for this 
population who have nowhere else to turn.
  As we speak, 125,000 SSI cancellation notices are going out to 
elderly, disabled, and blind legal immigrants every week. Many elderly 
and disabled legal immigrants have absolutely no family or friends to 
turn to for support and will be destitute. They have no one to turn to, 
except county relief programs or, at worst, homeless shelters. 
Effective August 22 of this year, all legal immigrants currently 
receiving SSI will be cut from the rolls regardless of their 
circumstances.
  I know that prior to welfare reform, the door was open for sponsors 
to bring in their parents and then neglect to support them or, if they 
are unable to support them, to know that legal immigrants were eligible 
for SSI. The number of noncitizens collecting SSI had increased by 477 
percent in the 14 years from 1980 to 1994, while for citizens the 
numbers increased by 33 percent during the same period. Clearly, one 
can extrapolate from these statistics that legal immigrants were using 
SSI at 15 times the rate of citizens.
  I hold the sponsors accountable for the support of legal immigrants 
they bring into the country who they have pledged to support. But the 
Federal welfare reform banning SSI for virtually all legal immigrants--
even those whose sponsors cannot afford to support them, or those 
refugees who have no sponsors at all--will create extreme hardship for 
those elderly, blind, and disabled legal immigrants who are unable to 
support themselves.
  Let me tell you the story about a 73-year-old legal immigrant in San 
Francisco on SSI. She was welcomed to this county from Vietnam in 1980. 
She was a refugee from Communism with no family in the United States. 
She speaks no English and she is suffering from kidney failure. She 
requires dialysis three times a week. Under this new law, this 73-year-
old woman will lose SSI, her only source of support. Her well-being 
will become the responsibility of the county.
  I urge my colleagues to seriously consider and support this limited 
exemption from the current ban on SSI by allowing those elderly, blind, 
or disabled individuals, who were in the country prior to August 22, 
1996, and who have no other means of support, to continue on SSI. The 
ban on SSI would apply to those coming into the country after August 
22, 1996.
  Mr. President, I ask for unanimous consent that the text of the bill 
and a chart on number of aliens receiving SSI payments by legal status 
and State be included in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                 S. 392

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. EXCEPTION TO ELIGIBILITY RESTRICTIONS FOR PUBLIC 
                   BENEFITS FOR CERTAIN LEGAL ALIENS.

       (a) In General.--Subtitle A of title V of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (Public Law 104-208; 110 Stat. 3009-1772) is amended by 
     adding at the end the following:

     ``SEC. 511. EXCEPTION FOR CERTAIN LEGAL ALIENS.

       ``(a) In General.--Notwithstanding any other provision of 
     law, an alien who was lawfully present in the United States 
     on August 22, 1996, and who lawfully resides in a State, is 
     age 65 or older, is disabled and/or blind, as determined 
     under paragraph (2) and/or (3) of section 1614(a) of the 
     Social Security Act (42 U.S.C. 1382c(a)), whose family is 
     incapable of support, and who can demonstrate that he or she 
     has no other sufficient means of support other than that 
     provided under the program described in subsection (b), shall 
     be eligible to receive benefits under such program.
       ``(b) Program Described.--The program described in this 
     subsection is the program described in section 402(a)(3)(A) 
     of the Personal Responsibility and Work Opportunity 
     Reconciliation Act of 1996 (8 U.S.C. 1612(a)(3)(A)).''.
       (b) Effective Date.--The amendment made by subsection (a) 
     takes effect as if included in the enactment of subtitle A of 
     title V of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 
     3009-1772).
       (c) Notice and Redetermination.--The Commissioner of Social 
     Security shall, not later than 30 days after the date of 
     enactment of this Act, notify an individual described in 
     section 511(a) of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (as added by this Act) 
     and who, as of such date, has been redetermined to be 
     ineligible for the program described in section 511(b) of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 (as so added), that the individual's eligibility for 
     such program shall be redetermined again, and shall conduct 
     such redetermination in a timely manner.

[[Page S1981]]


   Number of Aliens Receiving SSI Payments by Legal Status and State,
                              October 1996
------------------------------------------------------------------------
                                                     Color of   Lawfully
                 State                     Total       law      admitted
------------------------------------------------------------------------
      Total............................    803,030    206,600    596,430
                                        --------------------------------
Alabama................................        600        110        490
Alaska.................................        820      (\1\)      (\1\)
Arizona................................      7,930      1,450      6,480
Arkansas...............................        380        100        280
California.............................    326,080     86,880    239,200
Colorado...............................      5,660      1,810      3,850
Connecticut............................      4,870      1,120      3,750
Delaware...............................        400      (\1\)      (\1\)
District of Columbia...................        960        150        810
Florida................................     77,920     17,890     60,030
Georgia................................      4,860      1,350      3,510
Hawaii.................................      4,440        640      3,800
Idaho..................................        430      (\1\)      (\1\)
Illinois...............................     25,960      7,180     18,820
Indiana................................      1,150        280        870
Iowa...................................      1,220        500        720
Kansas.................................      1,640        400      1,240
Kentucky...............................        790        390        400
Louisiana..............................      2,860        490      2,370
Maine..................................        610        240        370
Maryland...............................      9,040      2,330      6,710
Massachusetts..........................     25,140      7,630     17,510
Michigan...............................      8,220      1,770      6,450
Minnesota..............................      7,180      3,340      3,840
Mississippi............................        510        120        390
Missouri...............................      1,960        860      1,100
Montana................................        170      (\1\)      (\1\)
Nebraska...............................        760        320        440
Nevada.................................      2,710        530      2,180
New Hampshire..........................        320         90        230
New Jersey.............................     25,500      3,730     21,770
New Mexico.............................      3,500        350      3,150
New York...............................    126,860     35,180     91,680
North Carolina.........................      2,760        790      1,970
North Dakota...........................        200        100        100
Ohio...................................      5,970      2,480      3,490
Oklahoma...............................      1,360        310      1,050
Oregon.................................      4,640      1,940      2,700
Pennsylvania...........................     12,540      5,270      7,270
Rhode Island...........................      3,720        760      2,960
South Carolina.........................        620        100        520
South Dakota...........................        220      (\1\)      (\1\)
Tennessee..............................      1,400        370      1,030
Texas..................................     59,160      5,930     53,230
Utah...................................      1,550        460      1,090
Vermont................................        180      (\1\)      (\1\)
Virginia...............................      8,000      1,720      6,280
Washington.............................     14,100      6,370      7,730
West Virginia..........................        210      (\1\)      (\1\)
Wisconsin..............................      4,900      2,250      2,650
Wyoming................................      (\1\)      (\1\)      (\1\)
------------------------------------------------------------------------
\1\ Relative sampling error too large for presentation of estimates.
Source: SSI 10-Percent Sample File, October 1996.

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