Nashville charities reject immigrants' kids
Rules to prevent fraud have unintended results
By Janell Ross and Chris Echegaray
December 13, 2009

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This year, 4-year-old Karla Montiel asked Santa Claus for a baby doll.





Her parents knew filling that request would be tough. Her father works in the recession-crushed construction industry, and jobs have been scarce. So in October, Karla's mother, Nancy Lara, filled out an application to participate in the Salvation Army's Angel Tree program, which matches gifts to needy children.

A week later, Karla's mother told her she wouldn't be getting the doll. While Karla has a Social Security card, her mother does not. Only U.S. citizens and legal immigrants with permission to work get those, and Angel Tree requires them from applicants.

"It saddens me because I was hopeful for my little girl," Lara said. "Initially, I was told because she was born here that she qualified. Then they called me telling me she won't get the toy."

Angel Tree and the U.S. Marine Corps Reserve Toys for Tots, two of the nation's largest holiday gift programs, require parents to produce Social Security numbers for themselves and their children, along with proof of income and personal identification. The local leader of one group said such policies protect the programs from fraud and satisfy donors who want to be sure only local families are being helped.

But the result is that children, some of them U.S. citizens, are excluded because of immigration decisions beyond their control.

"It makes you wonder how many thousands of children here in Nashville, who were born here and live here, don't have Christmas because this is the way these programs work," said Melissa Garcia, a Nashville mother who discovered the program rules this year when she applied.

"Is this how we give? With conditions?"

Garcia, who is recovering from surgery and whose husband is out of work, was approved for the program but declined help when she discovered the Social Security card requirement would exclude some of her friends. Her 4-year-old son will be getting $2.99 used video games for Christmas.


Local Toys for Tots coordinator Staff Sgt. David Carrier did not respond to several requests for comment this week. Maj. Rob Vincent, the Salvation Army's area commander, said the Nashville-based Angel Tree program will distribute holiday gifts to 14,539 children and senior citizens in six Middle Tennessee counties this year. Most are members of households that earn less than 200 percent of federal poverty guidelines for a family their size.

This year's massive toy distribution is Tuesday.

"We want every family to share in the celebration, the miracle of Christ in this season and experience the joy of having a gift under the tree — a little Christmas morning delight no matter their family's situation," Vincent said.

This year, the agency took in 4,460 applications and disqualified 350 applicants ineligible — most for fraud. Twenty percent to 25 percent of those disqualified had applied for help from another agency that is part of the Angel Tree network and were referred back to those organizations.

The rules governing the Angel Tree program were put in place by Salvation Army leadership "dozens" of years ago and have nothing to do with the issue of immigration, Vincent said.

He said he knows the Salvation Army's policy means some people — including those who have U.S.-born children but are themselves illegal immigrants — cannot successfully navigate the Angel Tree application process. He tries to match those applicants with other charities that can help.

But what's most important, he said, is that the community knows "we're able to validate the information that we receive, and that these individuals are living in this community and we are addressing local need. It's not a matter of whether they're legal or illegal, but we have set a criteria."

Not all require numbers
Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce, said he heard Garcia's and Lara's stories last week and recognized a situation in which immigration politics or perhaps misguided policies inadvertently hurt kids.


"Giving is an American tradition, and what the season inspires," he said. "So it would seem that we should try to find ways not to leave people out. If your mission is giving, then you should not discriminate."


The chamber is trying to organize a holiday event to give gifts to about 250 children who attend school with Garcia's son. And there are other agencies taking a different approach to holiday gift giving.

The Martha O'Bryan Center serves a neighborhood of about 2,400 people in East Nashville with a number of programs, including a food pantry, tutoring, meal delivery for senior citizens, low-cost day care, and GED and job search programs.

About 92 percent of the area's households are headed by single women, and the average annual income is $5,000.

"The challenges for our families are incredible," said Judy Gaither, who manages volunteers and special events for the center.

The agency operates a holiday toy store where families who participate in one of the agency's programs can shop for gifts at a reduced price or use vouchers earned through community service.

For instance, three hours of community service will earn a parent a $15 voucher, which can purchase a new bike, helmet and lock in the Martha O'Bryan holiday toy store. This year, the agency is in need of more toys and goods for the store because demand is higher than ever.

But the store doesn't require a particular set of documents from parents, Gaither said.

"We have so many families in such need that it would, I imagine, be hard to say that on top of being in need you have to have this documentation," Gaither said. "… Just because someone is living in poverty — or whatever their circumstance or immigration status — does not mean that they do not want the same things for their children and their family that a family living in Belle Meade would want for its kids."

The United Way of Metropolitan Nashville, which gave more than $7.8 million in grants to 63 agencies in 2008, does not require agencies to collect Social Security numbers, spokeswoman Carole King said.


"Our interest is not in who is in need but what the needs are, how to prevent them, how to strengthen families and ensure that the human needs of people in Davidson County are met," King said.


Some 'game system'
Charities have the right to set requirements, even if it means children of illegal immigrants go without toys, said Steven Camarota, a spokesman for the Center for Immigration Studies, a nonprofit Washington think tank in favor of limited immigration.

He said charities set guidelines to prevent people from going to multiple centers to get goods or toys.

"If they deny them, it's for a perfectly legitimate reason because there are people trying to game the system," Camarota said. "That they are illegal immigrants is incidental."

Eddie Garcia, a Nashville musician and blogger who has donated to the Salvation Army, although not specifically Angel Tree, said asking for Social Security numbers would discourage even those who have them because people guard them so closely.

Garcia supported Nashville's failed English-only initiative earlier this year — which would have required all government business to be done in English — but said the charities issue goes beyond illegal immigration and language.

"Is it relevant to have your Social Security number at the soup kitchen or a rescue mission?" he asked.


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