[Congressional Record Volume 151, Number 18 (Thursday, February 17, 2005)]
[Senate]
[Pages S1672-S1673]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SMITH (for himself, Mr. Kohl, Mr. Lugar, Mrs. Clinton, Mr. 
        Brownback, Mr. Lautenberg, and Mr. Feingold):
  S. 453. A bill to amend section 402 of the Personal Responsibility 
and Work Opportunity Reconciliation Act of 1996 to provide for an 
extension of eligibility for supplemental security income through 
fiscal year 2008 for refugees, asylees, and certain other humanitarian 
immigrants; to the Committee on Finance.
  Mr. SMITH. Mr. President, I am pleased to be joined today by my 
colleagues, Senators Kohl, Lugar, Lieberman, Brownback, Clinton, 
Lautenberg, and Feingold, to introduce this important piece of 
legislation. Legislation that will ensure the United States government 
does not turn its back on political asylees or refugees who are the 
most vulnerable citizens seeking safety in this great country of ours.
  As many of you may know, Congress as part of Personal Responsibility 
and Work Opportunity Reconciliation Act, PRWORA, modified the SSI 
program to include a seven-year time limit on the receipt of benefits 
for refugees and asylees. This policy was intended to balance the 
desire to have people who emigrant to the United States to become 
citizens, with an understanding that the naturalization process also 
takes time to complete. To allow adequate time for asylees and refugees 
to become naturalized citizens Congress provided the 7-year time limit 
before the expiration of SSI benefits.
  Unfortunately, the naturalization process often takes longer than 7 
years because applicants are requited to live in the United States for 
a minimum of 5 years prior to applying for citizenship and the INS 
often takes 3 or more years to process the application. Because of this 
time delay, many individuals are trapped in the system faced with the 
loss of their SSI benefits.
  If Congress does not act to change the law, reports show that over 
the next 4 years nearly 30,000 elderly and disabled refugees and 
asylees will lose their Supplemental Security Income, SSI, benefits 
because their 7-year time limit will expire before they become 
citizens. Many of these individuals are elderly who fled persecution or 
torture in their home countries. They include Jews fleeing religious 
persecution in the former Soviet Union, Iraqi Kurds fleeing the Saddam 
Hussein regime, Cubans and Hmong people from the highlands of Laos who 
served on the side of the United States military during the Vietnam 
War. They are elderly and unable to work, and have become reliant on 
their SSI benefits as their primary income. To penalize them because of 
delays encountered through the bureaucratic process seems unjust and 
inappropriate.
  The administration in its fiscal year 2006 budget acknowledged the 
necessity to correct this problem by dedicating funding to extend 
refugee eligibility for SSI beyond the 7-year limit. While I am pleased 
that they have taken the first step in correcting this problem, I am 
concerned the policy does not go far enough. Data shows that most 
people will need at least an additional 2 years to navigate and 
complete the naturalization process. Therefore, my colleagues and I 
have introduced this bill, which will provide a 2-year extension. We 
believe this will provide the time necessary to complete the process. .
  I hope my colleagues will join me in support of this bill, and I look 
forward to working with Chairman Grassley and other members of the 
Finance Committee to secure these changes during consideration of TANF 
reauthorization.
  Mr. KOHL. I rise today to join Senator Smith and a bipartisan group 
of Senators in introducing the SSI Extension for Elderly and Disabled 
Refugees Act. This bill builds both on a proposal in the President's 
budget, and on legislation we introduced last year, to serve the 
neediest individuals in our society.
  Wisconsin is the home for hundreds of thousands of Hmong family 
members who were resettled there in the years after the Vietnam War, 
some as recently as the 1990s. Many of these Hmong fought with the CIA 
in Laos during the Vietnam War, providing critical assistance to U.S. 
forces. After the fall of Saigon, thousands of Hmong fled Laos and its 
communist Pathet Lao government. The United States remains indebted to 
these courageous individuals and their families.
  In addition to the Hmong, America has served as a shelter for Jews 
and Baptists fleeing religious persecution in the former Soviet Union; 
and for Iraqis and Cubans escaping tyrannical dictatorships. Our policy 
toward refugees and asylees embodies the best of our country--
compassion, opportunity, and freedom. I am proud of the example our 
policies set with respect to the treatment of those seeking refuge.
  But I am disappointed in our decision to allow these people to enter 
the country and then deny them the means to live. Thousands of people 
who fled religious and political persecution to seek freedom in the 
U.S. are being punished by a short-sighted policy. A provision in the 
1996 welfare reform bill restricted the amount of time that elderly and 
disabled refugees and asylees could be eligible for Supplemental 
Security Income, SSI, benefits. These benefits serve as a basic monthly 
income for individuals who are 65 or older, disabled or blind. Over the 
next 4 years, it is estimated that 40,000 refugees and political 
asylees could lose these important benefits on which they often rely.
  The 7-year time limit on SSI benefits for legal humanitarian 
immigrants has already impacted individuals and families across the 
country, and will impact thousands more without Congressional action. 
The provision specifically mandated that to avoid losing this important 
support, refugees and asylees must become citizens within the 7 year 
limit. Unfortunately, this has proved impossible for far too many. The 
process of becoming a citizen only truly begins after a refugee has 
resided in the U.S. for 5 years as a lawful permanent resident. And 
beyond that, there are many other barriers, such as language skills and 
processing and bureaucratic delays within the various agencies, which 
an immigrant must overcome before they become naturalized. Beginning in 
2003, immigrants trapped in this process--too often the most vulnerable 
elderly and families--began to lose their SSI benefits with no hope of 
recourse.
  This inherent flaw in the system has to be changed. That is why we 
are re-introducing the SSI Extension for Disabled and Elderly Refugees 
Act. This legislation extends the amount of time that refugees and 
asylees have to become citizens to 9 years. In addition, the bill 
contains a ``reach back'' provision: it retroactively restores benefits 
to those individuals who have already lost them for an additional 2 
years. This provision helps the individuals who need it most; 
humanitarian immigrants who are trapped in the system and have lost 
this important income source.
  Across the country, states are recognizing the peril that faces 
individuals who lose these benefits. Most recently, in January, the 
State of Illinois passed legislation that allows individuals to obtain 
monthly grants through a State program, if their Federal SSI benefits 
are suspended. This action highlights the need for Congress to act. We 
cannot continue to pass the buck to cash-strapped States. I believe we 
must act now to protect these individuals.
  I cannot stress how important this legislation is to many in the 
State of Wisconsin. Last year there were several stories across the 
state regarding the plight of Hmong families and individuals whose 
citizenship has been delayed and were faced with losing their benefits. 
That was a year ago, and Congress failed to pass the legislation that 
Senators Smith, Lugar, Feingold and I had worked so hard on. We cannot 
let another year go by without helping these individuals.
  In addition to the Hmong population in Wisconsin, almost every State 
in the

[[Page S1673]]

country is home to immigrants who will be affected by the limit. Our 
country has long been a symbol of freedom, equality and opportunity. 
Our laws should reflect that. Every day that goes by could result in 
the loss of a refugee's support system--I urge my colleagues to support 
this legislation and restore the principles we were put here to 
protect.
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