Resources for Immigrant Families
Coronavirus (COVID-19) Information for Immigrant Communities
The California Rural Legal Assistance Foundation has information about immigration court hearings, USCIS, immigration enforcement activity, and other coronavirus-related immigration topics on this site:
www.crlaf.org/coronavirus New: List of Immigration Legal Resources in SLO County
Handout:
Customized list of legal resources related to immigration that are available to SLO County residents: 
Public Charge Tool to Increase Benefits UseDuring this coronavirus crisis, it is even more important that immigrant parents are not afraid to seek services or sign up for the benefits that will keep their families healthy. There is a new tool that will give them basic information about the public charge rule and tell them whether using public benefits could affect their immigration status. It's a simple guide that can be used by text or on a website. You can test it out on your own to see if it is something that might be helpful for your families.
The guide asks questions to determine immigration status and then explains how accessing public benefits may affect immigration status (their own or that of a friend or family member) and when and how to seek legal advice. It provides simple information in multiple languages and clear prompts and answers. If you use the online guide, it includes links to more information about the public charge test. To access the guide you can either:
Public Charge Information for SLO County Families
More handouts about Public Charge, for background and to give to families:
https://protectingimmigrantfamilies.org/community-education-resources/ Immigrant Rights Resource List
Download this page and use the embedded links to access all the resources for immigrant families listed in the Quick Links below. Immigrant Rights Resource List: Quick Links
Immigrants Rights Resource List: Quick Links
KNOW YOUR RIGHTS Cards Red Rights Cards from the ILRC (print or order) Rights: Immigration Enforcement from NILC Know Your Rights Cards from the ACLU KNOW YOUR RIGHTS Hand Outs Know Your Rights: Public Charge from Protecting Immigrant Families Health Insurance and Immigration from NILC Know Your Rights information & downloads from the ACLU Know Your Rights Everyone Has Certain Basic Rights, No Matter Who is President, information from NILC Know Your Rights: A Guide to Your Rights When Interacting with Law Enforcement from CLIN FAMILY PLAN Resources Family Preparedness Plan from the ILRC Family Safety Guide from Central Coast Coalition for Undocumented Student Success Preparing Your Family for Immigration Enforcement from L.A. Archdiocese IMMIGRATION RAID PREPARATION Resources How to Be Prepared for an Immigration Raid from the NILC Know Your Rights: A Guide to Your Rights When Interacting with Law Enforcement from the CLINIC Legal Steps I Can Take to Be Prepared for Immigration Enforcement from Farmworker Justice EMPLOYEE RIGHTS Resources SCHOOL Resources Immigrant and Refugee Children: Guide for Educators and School Support Staff from AFT Help for Immigrant Families: Guidance for Schools from the ILRC DOMESTIC VIOLENCE Resources U Visa Policies and Procedures from SLO County POLICY STATEMENTS The Effect of Hostile Immigration Policies on Children’s Mental Health from Children's Partnership Full-Scope Medi-Cal for Undocumented Children
All income-eligible children, regardless of immigration status, can now access full-scope Medi-Cal coverage. This is a huge victory and is the result of efforts that began almost 20 years ago. Coverage began in May 2016.
Full-Scope Medi-Cal for Undocumented Young Adults
All income-eligible young adults up to age 26, regardless of immigration status, can now access full-scope Medi-Cal coverage. Coverage began in January 2020.
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Mental Health Resources for SLO County Immigrant Families
Immigration causes unique stressors for children, many of which have been exacerbated with recent uncertainty about immigration laws and heightened fears of deportation.
Two local resources are available for you to share with immigrant families, to help parents support their children's mental health. Each handout is available in both Spanish and English. "Talking About Immigration: What Does Your Child Understand and Need to Know" gives parents tools for the difficult task of discussing immigration with children. This resource begins with the gentle reminder to parents that "It is difficult to know how to talk about immigration with your child" and continues with a menu of tools for an ongoing dialogue aimed at helping coping with immigrant stress. Click here to download "Talking About Immigration." "You CAN Help Your Child Feel Less Stressed!" is another valuable resource to empower parents. This handout shares five simple skills for reducing stress, explains how stress affects children differently than adults, and provides information for local mental health resources. Click here to download "You CAN Help Your Child Feel Less Stressed!" What is Public Charge and How Does it Affect Immigrant Families?What is public charge?
The Trump Administration is seeking to change immigration policy through new rules for immigrants who apply for lawful permanent residence (LPR, or "green card"). The new rules will replace family immigration policies in favor of policies that favor richer and better educated immigrants. The rules will also greatly expand the programs whose use could lead to a public charge determination. This could lead to the denial of legal permanent residence for many immigrants. It will likely also have the effect of discouraging many immigrants from using any government services, regardless of their status. "Public charge" is a ground of inadmissibility that could bar a person's admission to the U.S. on a visa or deny their adjustment of status to that of a lawful permanent resident. During the LPR application process, the government looks at the "totality of circumstances," including whether the applicant has used cash aid (TANF, SSI, General Assistance) or government-funded long term care and other factors. If a person is determined to be likely to become a public charge - someone who will be dependent on the government for basic needs - then they are denied. What are the changes? The new federal regulations will expand the programs whose use can lead to a public charge determination to include programs such as Medi-Cal (except emergency, pregnancy-only, and state-only services), CalFresh (Food Stamps), and Section 8 housing vouchers. Currently only the receipt of cash benefits such as CalWorks, and long term care are included. The rules also add factors for the "totality of circumstances" balancing test that will make it harder for low and moderate income people to pass. The Changes:
Take-Aways:
For individual cases, consult an immigration attorney or a BIA-accredited representative: http://www.cdss.ca.gov/Immigration-Services https://ready-california.org/legal-service-directory/ Catholic Charities: https://catholiccharitiescentralcoast.org | ||
Important Immigration Information (August 2017)
Key Takeaways From Recent Community Discussions:
Current Status
Current Status
- The laws on eligibility for social services programs - Medi-Cal, CalFresh, School Lunch, etc. - have not changed. Those persons who were eligible before are still eligible.
- The immigration laws have not changed - the DACA program remains in place and the permanent residency and citizenship laws have not changed. While the new federal Administration has sought changes, there has been no Congressional action on immigration. The same is true for U-Visas for victims of human trafficking and domestic violence.
Privacy
- Families who want to get off of public programs for fear of jeopardizing their current or future immigration status should know that dropping out of a program does not purge the agency's system of their information. There is no reason not to continue receiving the services to which they are entitled.
- Social services, educational and health agencies do not share their information with immigration authorities or other agencies except on issues of eligibility for services. This information is protected unless a Court orders otherwise.
Immigrant Rights
- Families should know their rights when dealing with immigration and other enforcement agencies. They do not need to let immigration agents enter the house or workplace without a warrant - they don't even need to answer the door. Silence is a right. There is no requirement to speak to an immigration agent.
- The immigration authorities have policies that limit immigration enforcement actions at sensitive locations including schools (including pre-school and daycare), school bus stops, health care facilities, places of worship, religious or civil ceremonies (such as weddings and funerals) and during public demonstrations.
- "Getting legalized" is a difficult process for most undocumented immigrants and is generally not available. The Deferred Action for Childhood Arrivals (DACA) is one potential avenue for work permits and protection from deportation. (It was created by and can be changed by Presidential Executive Order). Families should consult an immigration attorney, Catholic Charities (805.706.8565) or IMPORTA in Santa Barbara (805.604.5060).
Preparedness
- Families should develop preparedness plans for all eventualities whether it is a natural disaster, a fire or an immigration raid. The plans should include plans for care of children and other dependents, collecting and keeping important family documents in a safe place, arranging family finances, and knowing who to call for help. A sample plan can be found on our website.
- Parents who fear deportation should obtain a US passport for their citizen children as well passports for the children from the parent's country of origin (usually Mexico) so children can travel freely in both countries. The Mexican Consulate in Oxnard can help with Mexican passports and "matriculas".
For Agencies
- The immigration authorities cannot enter a private area without permission or a warrant. Agencies and providers should delineate "public" and "private" areas. For example, a waiting room can be designated private for clients only. Staff and volunteers should be trained on what to do if there is a raid or immigration enforcement action.
- Agencies should review their record retention policies and purge all records that are not relevant to the services that they provide.
- Cultivating and maintaining personal and confidential relationships between family workers and families is essential to help families.
- The National Immigration Law Center in partnership with the National Employment Law Project created a guide for employers titled What to Do if Immigration Comes to Your Workplace. This important resource covers how new immigration actions impact employers including employers' rights and responsibilities both in preparing for and after a visit from Immigration and Customs Enforcement (ICE).
No Reporting of Immigration Status
ICE (Immigration and Customs Enforcement) released a memo in 2013 about information provided during health care enrollment.
December 2016 information on the healthcare.gov website clearly states that mixed-status families can sign up for coverage for eligible family members without revealing the immigration status of family members NOT signing up for coverage.
December 2016 information on the healthcare.gov website clearly states that mixed-status families can sign up for coverage for eligible family members without revealing the immigration status of family members NOT signing up for coverage.
Restricted Scope (Emergency) Medi-Cal
Immigrants who are not eligible for full scope Medi-Cal can receive emergency and pregnancy-related services under what is known as restricted-scope or emergency Medi-Cal. They will receive Medi-Cal cards noting their entitlement to services to treat an emergency medical condition or for pregnancy-related services. Applications are processed through the County Department of Social Services.
The term “emergency medical condition” means a medical condition that shows acute symptoms of sufficient severity, including severe pain, such that the absence of immediate medical attention could reasonably be expected to result in any of the following:
(1) Placing the patient's health in serious jeopardy.
(2) Serious impairment to bodily functions.
(3) Serious dysfunction to any bodily organ or part.
Immigrants eligible for restricted or emergency Medi-Cal benefits can be pre-certified and apply in advance of needed health care services.
The term “emergency medical condition” means a medical condition that shows acute symptoms of sufficient severity, including severe pain, such that the absence of immediate medical attention could reasonably be expected to result in any of the following:
(1) Placing the patient's health in serious jeopardy.
(2) Serious impairment to bodily functions.
(3) Serious dysfunction to any bodily organ or part.
Immigrants eligible for restricted or emergency Medi-Cal benefits can be pre-certified and apply in advance of needed health care services.
Hospital Presumptive Eligibilty
Under the Hospital Presumptive Eligibility (PE) program, hospitals can assist patients who are getting services from or being admitted to the hospital in applying for temporary fee-for-service full-scope Medi-Cal benefits. The applicant must be in a low-income family, must not currently have Medi-Cal and cannot have received PE within the past 12 months.
There are no questions about immigration status. Eligibility is for the month in which the application is filed and the following month. Eligibility continues during the application determination period if an application is filed. All SLO County hospitals are PE providers.
More info at: http://files.medi-cal.ca.gov/pubsdoco/aca/aca_HPE_landing.asp
There are no questions about immigration status. Eligibility is for the month in which the application is filed and the following month. Eligibility continues during the application determination period if an application is filed. All SLO County hospitals are PE providers.
More info at: http://files.medi-cal.ca.gov/pubsdoco/aca/aca_HPE_landing.asp
"PRUCOL" Medi-Cal Eligibility
In California, immigrants who are “permanently residing under color of law” (PRUCOL) are eligible for full scope Medi-Cal if they meet other eligibility criteria. Basically, PRUCOL status is for immigrants who the immigration authorities know are in the United States and have no intention of deporting.
Medi-Cal applicants may be asked to fill out the Statement of Citizenship, Alienage, and Immigration Status (MC13) in which they attest to their eligibility. There are multiple categories of eligibility. Applicants who have been granted status under the Deferred Action for Child Arrivals (DACA) program check the box which says “an alien in deferred action status.”
On the MC13, the last checkbox in Question 5 allows for an immigrant to attest:
“An alien, not in one of the above categories, who can show that:
(1) INS knows he/she is in the United States; and
(2) INS does not intend to deport him/her, either because of the person’s status category or individual circumstances.”
There is no further documentation required by DSS to process the Medi-Cal application, if an applicant checks the last box.
NILC Chart
PRUCOL Sheet
Medi-Cal applicants may be asked to fill out the Statement of Citizenship, Alienage, and Immigration Status (MC13) in which they attest to their eligibility. There are multiple categories of eligibility. Applicants who have been granted status under the Deferred Action for Child Arrivals (DACA) program check the box which says “an alien in deferred action status.”
On the MC13, the last checkbox in Question 5 allows for an immigrant to attest:
“An alien, not in one of the above categories, who can show that:
(1) INS knows he/she is in the United States; and
(2) INS does not intend to deport him/her, either because of the person’s status category or individual circumstances.”
There is no further documentation required by DSS to process the Medi-Cal application, if an applicant checks the last box.
NILC Chart
PRUCOL Sheet
Other Programs
Besides Medi-Cal, other programs provide health services to undocumented immigrants. These include California Children’s Services, Breast and Cervical Cancer Treatment Fund, AIM and WIC. Victims of trafficking and others are eligible as well. Review this chart for all categories of eligibility: NILC chart
Eligibility and FAQs
The National Immigration Law Center has FAQs for mixed immigration status families.
Covered CA produced an updated pamphlet about immigration status, including information for families with mixed immigration status.
HOPE (Hispanas Organized for Political Equality) has created a California Healthcare Resource Guide for Undocumented Immigrants that lists resources for families statewide and in 14 communities (not SLO County) across California. The guide is in English and Spanish.
California Endowment has a short FAQ, For Immigrants: California Health Care Frequently Asked Questions. They also produced a more comprehensive Health Coverage Eligibility Worksheet with detailed information about each health care program and who qualifies.
Covered CA produced an updated pamphlet about immigration status, including information for families with mixed immigration status.
HOPE (Hispanas Organized for Political Equality) has created a California Healthcare Resource Guide for Undocumented Immigrants that lists resources for families statewide and in 14 communities (not SLO County) across California. The guide is in English and Spanish.
California Endowment has a short FAQ, For Immigrants: California Health Care Frequently Asked Questions. They also produced a more comprehensive Health Coverage Eligibility Worksheet with detailed information about each health care program and who qualifies.
Questions?
Questions about eligibility for health coverage? categories
Submit your question on our Q&A page or Contact Us.
Submit your question on our Q&A page or Contact Us.