Can illegal aliens collect public benefits?
Can undocumented immigrants collect public benefits? Here are 5 answers
By Lydia Gerike | The Oregonian/OregonLive | Posted July 18, 2018 at 12:46 PM | Updated July 18, 2018 at 01:09 PM
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Associated Press
Anti-immigration demonstrators hold signs protesting public benefits for undocumented immigrants at an immigration rally in Dallas on May 1, 2010 after a new Arizona law passed requiring authorities to question suspected undocumented immigrants about their immigration status.
By Lydia Gerike | The Oregonian/OregonLive
Tensions surrounding illegal immigration may be as high as they've ever been.
The Trump administration continues to make national headlines because of the contentious and short-lived "zero-tolerance" policy that separated hundreds of migrant families.
Oregonians have voiced concerns about immigration policy at the state and local levels.
In Portland, protesters have been camped outside a U.S. Immigration and Customs Enforcement facility for nearly a month, leading to several arrests. And a November ballot measure, Initiative Petition 22, could end Oregon's sanctuary state status.
One of the prevailing arguments against undocumented immigrants is the perception they are an economic drain, using tax dollars and government benefits meant for U.S. citizens.
But is this really the case? Here's a look at the benefits such migrants are -- or aren't -- eligible to receive. https://expo.advance.net/img/fe16077...o25358133.jpeg
Kristyna Wentz-Graff
Undocumented workers, day laborers and activists participate in a press conference and rally held by the Portland Immigrant Rights Coalition at the Portland Federal Building on Nov. 21, 2014.
Federal Public Benefits
Undocumented immigrants are generally ineligible for food stamps, welfare and federal public benefits, according to the U.S. Department for Health and Human Services.
Under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, immigrants fall into two categories: "qualified" and "not qualified."
Undocumented immigrants fall under the latter group. They do not have access to programs such as the Supplemental Nutrition Assistance Program (food stamps), Temporary Assistance for Needy Families (welfare), Social Security and Medicare. However, Medicaid can be used to cover costs in the event of a medical emergency.
Even qualified immigrants, such as lawful permanent residents and children, do not automatically qualify for government assistance. They must first undergo a five-year waiting period under federal law, although states may choose to make exceptions.
However, there are important exceptions to this rule, including refugees, victims of trafficking and people who have been granted asylum.
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Yuxing Zheng
Food stamps recipients who go to the Forest Grove Farmers Market receive the smaller, green tokens on the left, as shown in this photo from 2014.
State Public Benefits
Oregon does not allow undocumented immigrants to receive state public benefits, according to the Oregon Department of Human Services website.
Although the federal welfare overhaul of 1996 gave states the option to pass laws allowing for benefits to go to immigrants without legal status, Oregon did not change its requirements.
Food, cash and other benefits are available only to those who qualify under the federal benefits program.
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Beth Nakamura
Rex Putnam High School students study for finals in January in the school's gym.
K-12 Education
A public K-12 education is guaranteed to all children living in the United States, regardless of immigration status.
This policy was decided by the Supreme Court's 1982 Plyler v. Doe case, in which the state of Texas argued that it should be allowed to deny undocumented children access to public schools and state education funds. The state's lawyers argued it would preserve resources and discourage illegal immigration.
However, the Court ruled 5-4 that undocumented immigrants have basic rights under the 14th Amendment's Equal Protection Clause.
The majority opinion, written by Justice William Brennan, said education provides stability in a democratic culture and provides children with the opportunities to lead productive lives that benefit society.
"Education has a fundamental role in maintaining the fabric of our society," Brennan wrote.
Undocumented children made up about 1.3 percent -- roughly 750,000 students -- of total U.S. enrollment in 2014, according to the Pew Research Center. U.S.-born children with at least one unauthorized immigrant parent accounted for 5.9 percent of enrollment.
Oregon's numbers fell slightly above the national average, with 8.6 percent of its K-12 students having at least one undocumented parent. The number of students living here unlawfully is not counted.
Each Oregon child, including those who are undocumented, cost $10,842 to educate in 2016, according to data from the U.S. Census Bureau.
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Associated Press
In this June 17, 2013, file photo, University of Oregon graduates make their way through campus during the traditional Duck Walk preceding graduation ceremonies.
Higher Education
Students without documentation or living in the United States under the Deferred Action for Childhood Arrivals program are not eligible for federal financial aid. However, they may qualify for state benefits.
Oregon allows students without legal immigration status to receive in-state tuition at its public universities if they meet certain requirements.
These requirements include earning their high school diploma or GED in Oregon, attending school in the United States in the five years prior to earning a diploma or GED and attending an Oregon high school for the three years prior to earning a diploma or GED, according to Oregon's Office of Student Access and Completion.
They also must officially declare their intention to become a U.S. citizen or lawful permanent resident.
An undocumented student who attends the University of Oregon and qualifies for in-state tuition would save $23,040 this school year, according to numbers on the University of Oregon website.
In addition to in-state tuition, it is possible for undocumented students to receive money by applying to the Oregon Student Aid Application and Oregon Promise and Opportunity Grants.
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Beth Nakamura
On the steps of the State Capitol in Salem on May 1, 2013, Gov. John Kitzhaber signs Senate Bill 833, which provides residents who can't provide proof of legal presence access to driver's cards.
Driver's Licenses
Currently, 12 states and Washington, D.C. allow undocumented immigrants to obtain some form of driver's licenses or cards.
The state of Oregon only gives driving privileges to U.S. citizens and lawful permanent or temporary residents, according to the Oregon Driver and Motor Vehicle Services website.
Lawmakers tried and failed to change that in 2013 with Senate Bill 833. Signed by then-Gov. John Kitzhaber, the bill would have allowed the state to issue driver's cards to people lacking proof of legal status.
But many Oregonians were unhappy with the proposed change, leading to Measure 88on November 2014 ballot. The initiative sought to make the driver's cards law.
Voters soundly rejected the referendum -- 66 percent to 34 percent.
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