Foxnews.com
By Matt Hayes
Annie was an ethnic Chinese born in Malaysia who had legally emigrated to the U.S. decades ago. She entered my law office with her mother, who clutched a well-worn copy of a Chinese language book called What You Need to Know About Life in America that is eventually encountered by most immigration lawyers.
Annie knew her mother had no legal basis to remain in the U.S. She had overstayed her tourist visa and had never applied for any type of immigration benefit beyond that, though she had managed to remain for years, working off the books and going undetected by the INS.
Annie had brought her mother to my office not for an immigration matter, but for retirement planning. She had one question, "What do I have to do to qualify her for SSI?"
SSI, or Supplemental Security Income, is a federal cash benefit program for persons 65 or older, or those who are blind or have a disability. SSI payments are generally unavailable to most people already receiving Social Security benefits, though an individual may be able to receive both if combined household income and resources fall within the SSI limits. Besides cash payments, persons who are eligible for SSI are automatically eligible for most state-administered Medicaid programs.
SSI is funded through the payroll taxes of Americans. But you don't have to be an American to receive SSI payments. Like food stamps, Medicaid and almost every other form of social insurance that America has developed to help its citizens, SSI is targeted by people from other countries as a tool to materially improve their lives without work.
The 1996 Welfare Reform Act may have erected barriers to a non-citizen's eligibility for SSI, but it did not come close to ending it. The very group Congress sought to make ineligible for SSI, people who may have entered the U.S. illegally but through a series of happy accidents permanently reside here under color of law ("PRUCOL" aliens), has been able to hold on to SSI eligibility through a combination of lawyering and lobbying.
Posted by Suzanne at February 20, 2003