Immigration and Welfare: What’s a Civilized Nation To Do?


The 1996 Personal Responsibility and Work Opportunity Reconciliation Act

August 22, 1996, President Bill Clinton signed into law a welfare reform plan that not only changed things for the nation’s citizens, but also for the nation’s immigrants. Title IV of the bill contained the details on the provisions that affected “aliens”.

Title IV opens with the explanation that the basic principle of United States immigration law is self-sufficiency. With that in mind, it declares that aliens living in the U.S are to depend on their own capabilities, sponsors and private organizations to provide the resources for the needs of their families rather than depend on public resources. Despite these premises, the Act acknowledges the fact that aliens have been receiving public benefits at increasing rates. The legislation explains that this is due to inadequate eligibility standards that do not prevent aliens from enrollment in the public benefits system. One of the purposes of this legislation was to reform eligibility rules so that aliens comply with national immigration policy.

For their first five years in America “aliens” are prohibited from receiving any federal benefit. Exceptions to this are immigrants who: need emergency medical care; need short-term disaster relief; qualify for school lunch programs; qualify for Head Start programs; who need immunizations or treatment of a communicable disease; are granted asylum and refugee status; are permanent residents who have worked 40 qualifying quarters contributing to Social Security; are military veterans discharged honorably or are active duty military. Aliens who were receiving federal housing assistance up to the date the new law was enacted are exempt and can maintain their housing benefit.

So, what about immigrants who were currently receiving benefits and now were in a “disqualified” class? Is the government going to suddenly turn off the spigot and immigrant families scramble to adjust their lifestyle to accommodate a sudden loss of income support? Legislators laid out a plan for a transition period for these people. They would have a year to determine what benefit denial they qualified for and prepare for what this would mean for their home budget. Many of these programs required recipients to reapply for benefits on a yearly basis. At such time, disqualified “aliens” would simply be denied their benefit based on the parameters of this welfare reform bill.

Just what were the primary welfare programs this bill was concerned with? They were food stamps, Medicaid, and Social Security temporary assistance for the needy (SSI). The exempt programs, such as school lunch programs, were considered benefits that were “means” based. In order to qualify, not only was the immigrant’s income to be considered, but also the income of the immigrant’s sponsor. This was also required for an immigrant who attempted to qualify for State funded, rather than federally funded, benefits. If it was found that an immigrant had received a Federal or State benefit they would have actually been disqualified from receiving because of a sponsor’s financial means, the Federal and State government can now demand reimbursement from the sponsor.

The overall goal of this welfare reform was to move recipients from a welfare lifestyle to a working lifestyle over a five year period and permanently keep them self-sufficient. It also sought to remove from recipient status those who were on the dole and shouldn’t be, one such category being the immigrant. Was this goal achieved? Was this goal good for America? In 1994 the U.S. welfare system logged 14.4 million caseloads. Five years later, these caseloads had dropped to 5.3 million. The gringa thinks it’s safe to say, “Mission accomplished! Way to go President Bill Clinton! Umm, maybe.”

Why maybe? You see, many of these families were not actually completely self-sufficient. They simply moved from government generated income to the status of low-income. Single mothers especially were affected by this, becoming even poorer than when they were receiving benefits. As these families lost their Medicaid benefit by entering the workforce, they were often faced with employers who did not offer affordable health benefits. A worker supporting three people would not qualify for Medicaid if they earned more than $11,920 (for a family of three) annually. Now, the gringa would like to know who in their right minds thinks a family can afford health insurance and medical bills for three people if they make less than, say, about $70,000? Washington D.C. was way off base deciding this number was the qualifying poverty line.

Families that were accustomed to a housing benefit that kept their rent very low, were suddenly faced with paying full market rate for the roof over their head. That could mean, for a family that was earning $11,920.01, a penny above the qualifying poverty line, their rent could go from $200 to $700. You tell the gringa if you honestly think these poor, working class people could afford such a thing? Many could not. Remember, they also still had to pay their electricity bill. Sheesh. What was Congress thinking? The problem was not in the legislation itself. The problem was with what Congress thought the economic threshold of “poverty” should be. This presented the nation with a demographic that still was in dire need of public assistance.

So, although welfare was definitely reformed and got a lot of people off the government dole, a whole other problem was created. More families and disabled people simply became impoverished. Many of these people worked but did not earn a living wage. So, for the many anti-immigrant xenophobes out there who thought it was the immigrants who poured across the border and stole American jobs, the gringa will tell you to look at the numbers. From 1996 until 2001 it was not the immigrants filling these low paying positions. It was former welfare recipients, about 9 million to be exact.

So, if you want to measure success by the caseload numbers, yeah, Clinton achieved his goal. However, if you want to measure success by comparing quality of life before and after, it’s a different story altogether. Consider that most of these transitioned welfare recipients could not work full-time or year round, especially single moms. Many earned minimum wage or just a bit more. Either way, it was not enough to provide a decent standard of living for their families. Once you consider achieving a decent standard of living to be the measure for success, you can see the Clinton administration failed miserably. Although welfare enrollment declined, the numbers of the poverty class increased dramatically.

Consider that the poverty line as established by the government was $11,920 for a family of three. Consider the working single mom that may be making about $8 per hour and working only when her kids are in school because she can’t afford child care. Working eight hours daily, five days weekly, ten months annually (two months off for her kids school summer break), with no days off, she then brings home, on average, $12,000 annually. So, she makes too much to be considered in “poverty” in order to qualify for government benefits, but, you tell me, does she make anywhere near the $30,000 needed to afford the basic necessities for an adult and two children in 1996?

Out of 126 New York City “welfare to work” cases, the average person was earning $7.50 hourly and 58% were supporting their families with their work income. The gringa asks, “How in the hell did they manage?” Nationwide studies reported that most welfare recipients that entered the workplace earned well below poverty level. This was actually good news because they would qualify for means- based Federal and State benefit programs. However, there were plenty more that earned over the poverty level but nowhere near the $30,000 threshold that was the bare minimum for a small family’s basic necessities. Thus, this legislation created a large poverty class in America.

When you check the specific budget cuts, it is easy to see that most of the people affected were immigrants, elderly, disabled and single mothers. These are the nation’s most vulnerable classes of people. What this legislation meant is that poor people who were dependent on government programs to feed and house them and provide medical care actually became poorer, and possibly un-housed, underfed and without health care (unless they showed up at a hospital emergency room; which is exactly what happened, starting a new trend of packed ER’s, but that is fodder for another gringa story).

Social workers who are the ground zero, in the trenches workers and see the direct effect of these programs, criticized this reform. They claimed that by replacing the Aid to Families with Dependent Children program with the Temporary Assistance for Needy Families program, even if a family met all eligibility requirements, there was no assurance that children or parents would receive assistance. This was because oversight of the block grants was performed by individual states. States had their own requirements for eligibility. This meant that some states could deny aid to families with teenage parents or to families where both parents were present in the home, even if they met every Federal qualifier and regardless of their income level, if they had any income at all. Also, once the grant money ran out, states would place applicants on a waiting list for the next Federal funding period.

The U.S. Commission on Civil Rights had its own criticisms of the reform. They considered that within the welfare system was institutional racism and discrimination. They felt the legislation did not take into consideration the gender gap in wages. Rather than help women on welfare gain meaningful employment, the nation simply cracked down on eligibility requirements.  The government focus was on “work first” without doing anything to level the workforce playing field.

Many welfare recipients whose job and below poverty line wages qualified them for benefits would tolerate discriminatory practices in the workplace out of fear of dismissal and loss of benefits if they filed a complaint. Many immigrants were discriminated against with regard to case management and receiving benefits they qualified for because of language barriers.

To remedy these discriminatory practices, the USCCR recommended that Federal funds should be allocated for enforcement of civil rights among recipients, investigations of allegations of violations and to train caseworkers in how to better adhere to civil rights statutes. They further recommended better data collection on the people registering to qualify for benefits as well as the recipients and that all welfare agencies be subjected to audits with regard to civil rights grievances and compliance. The gringa understands this need but can’t help but think, “Dear God. It cost money to save money simply because some people can’t treat other people right.”

Specifically where immigrants were concerned, the USCCR was concerned with the law prohibiting immigrants from receiving any aid until they had been in the country for at least five years. The living conditions of many of these poor families continued to just get worse. Although, among some groups of people, the immigrant was a favorite target to accuse of entering the country just to live off the backs of taxpayers, this was actually a myth. Prior to 1996, statistics show that immigrant families were greatly outnumbered by citizen families in receiving benefits. This is because most immigrants come to the United States looking for jobs and opportunity, not handouts. As for immigrants that did qualify for aid, many would not accept it for fear of retribution.

The USCCR’s final recommendation regarding immigrants and the 1996 welfare reform was to immediately restore full benefits to immigrants regardless of when they entered the country and regardless of the financial resources of their sponsors. They further recommended that undocumented immigrants, for humanitarian reasons, should at least have access to health care, education and food stamps. To protect their civil rights, it was recommended that language assistance be provided for them throughout every step of the public assistance process.

Although these families may still struggle to feed, house and clothe their families, all is not doom and gloom. As mothers moved into the workforce, many children left in-home care and entered organized formal care. Studies resulted in surprising findings. Many of these children benefited from these environments with increased cognitive development, learning gains, and school readiness. These studies further suggested that the adolescents of these families were more likely to become employed later on when compared to adolescents in welfare dependent homes.

Now that the nuts and bolts of the legislation as well as its aftermath has been covered, the gringa asks, “Who REALLY benefited from this legislation?” The answer? Well, number one, the politician who was pandering to: a. voters with money and influence; and, b. corporations who contributed lots of money to campaigns. How so? Well, think about it. When the labor market is flooded with people looking for jobs, guess what, wages stay low! And that’s EXACTLY what happened, So, this piece of “social” reform was really a cheap labor package for the benefit of big corporations. Remember the economy boom during the Clinton years? Yeah, well, those growing businesses needed workers, and they wanted them as cheap as they could get ’em.

The reality is, if the government wants people to be self-sufficient, they must simply accept the fact that now, as in 1996, wages are too low for many families to escape poverty whether they work forty hours a week or even 60 hours a week. The gringa believes so much more could have been accomplished by simply raising minimum wage standards across the board to a living income level. Anyone who works forty hours weekly should make enough money to keep a roof over their head, feed and clothe themselves and afford healthcare.

For critics who argue that minimum wage jobs are simply entry level jobs for people to use temporarily and then move on to a better paying career level job, the gringa has got news for you. Welcome to the “New America” where 61% of young Americans have a college education, 44% of those college educated people are stuck in low income level jobs earning less than $25,000 annually and half of those have student debt of around $30,000 a year. Raising the minimum wage to a living standard level will not make these people rich, it will make them self-sufficient. Self-sufficiency was, after all, the true goal of this legislation. So, critics, the gringa says, “Quit pointing the finger and start lifting a hand to help these hard working Americans become self-sufficient. Join the cause to raise the minimum wage to $15 per hour.”

Sources:

http://www.forbes.com/sites/ashleystahl/2015/05/11/the-5-4-unemployment-rate-means-nothing-for-millennials/

https://www.whitehouse.gov/sites/default/files/docs/millennials_report.pdf

http://www.gpo.gov/fdsys/pkg/BILLS-104hr3734enr/pdf/BILLS-104hr3734enr.pdf

http://www.encyclopedia.com/topic/Personal_Responsibility_and_Work_Opportunity_Reconciliation_Act_of_1996.aspx

http://www.sourcewatch.org/index.php/1996_Personal_Responsibility_and_Work_Opportunity_Reconciliation_Act

http://www.epi.org/publication/webfeatures_viewpoints_tanf_testimony/

https://www.socialworkers.org/advocacy/welfare/legislation/summary.pdf

http://www.usccr.gov/pubs/prwora/welfare.htm

https://www.facebook.com/Fightfor15?fref=photo

Photo credit: www.slideshare.net

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1917: The Year I Would Have Been Banned From The U.S.


Chapter 29 of the Second Session of the Sixty-Fourth Congress of the United States of America, February 5, 1917, passed “An Act To regulate the immigration of aliens to, and the residence of aliens in, the United States” (also called the “Asian Barred Zone” if you want to do some research yourself). If I had been alive and not a U.S. citizen at the time this legislation took effect, I would have been among the immigrant hopefuls who would have been banned from entry. I would have been a “defective” person on the “prohibited” list, an “undesirable”.  That’s what this piece of law was all about. The United States was expanding its category of people to discriminate against. Rather than list all the legal rigmarole that are the basic nuts and bolts of the wherefores and heretofores, the gringa will get to the heart of the matter. I will focus on the sections that express the minds and wills of the white majority of the United States in 1917.

Section one defines the term “alien” as any person not a native-born or naturalized citizen of the U.S., but specifically excludes the Native Americans of North America and the Native Islanders of U.S. territories. At this time the Philippine Islands and Hawaii were U.S. territories. Once the term alien was defined, the U.S. could then make it clear who was, and who was not, invited to the party. The following were to be banned from entry into the United States:

  • Idiots (good thing all those legislators got here before 1917)
  • Imbeciles
  • Feeble-minded
  • Epileptics (that would be me)
  • Insane persons
  • Anyone who had a single attack of insanity at any point in their life (that rules out pretty much everyone I know here in the barrio where shit gets real from time to time)
  • Persons with a “constitutional psychopathic inferiority” (At first I thought that must mean psychopaths, until I looked up the definition of those words according to that time period. “Constitutional” means a condition you are born with. “Psychopathic” means regarding the realm of the mind or emotions. “Inferiority” means sub-standard in function, adaptability and self-progress. So, persons who were born with a mind, or set of emotions, that was below average were prohibited.)
  • Alcoholics
  • Paupers
  • Professional beggars
  • Vagrants
  • Persons sick with a contagious disease
  • Persons with a mental or physical defect that would affect the ability to earn a living
  • Convicted felons of moral crimes
  • Polygamists (again, the Mormons)
  • Anarchists
  • Prostitutes
  • Contract laborers
  • Persons likely to become a public charge
  • Persons who had their passage paid for by another party
  • Stowaways
  • Unaccompanied minors
  • Asians not originating from a U.S. territory
  • Prior deported persons
  • Illiterates, unless returning residents or immigrating to escape religious persecution

The classifications of some of these people, such as, idiots, imbeciles, beggars, epileptics, feeble-minded, physically defective, etc., became the basis for a following trend in American municipalities to pass what were commonly called “ugly laws”. Not only did the white majority in America want a “white” America, they also wanted a “pretty to look at” America. It remains ironic that these same classes of people who were prohibited from entering the country would often pass by the Statue of Liberty in New York harbor, an icon of hope, bearing a plaque which read:

“Give me your tired, your poor,
Your huddled masses yearning to breathe free,
The wretched refuse of your teeming shore.
Send these, the homeless, tempest-tossed to me,

What a big, fat, American lie. And America’s been lying to everyone since the day the Puritans first set foot on the shores of Plymouth. The immigrants here in my barrio, however, are nobody’s fools. What I find incredibly interesting is that most of my immigrant neighbors are better educated on the true history of America than most native born Americans. Where they got a stiff dose of startling truth in mandatory world studies of their country of origin’s education systems, we native Americans get brainwashed with the propaganda machine our country created to make us good little American boys and girls, isolated from the rest of the world, and puffed up with a sense of superiority. Being a gringa in the barrio is a humbling experience. Especially when I realize that many of my immigrant neighbors were not on my country’s reject list like I, myself, would have been.

Sources:

http://library.uwb.edu/guides/usimmigration/39%20stat%20874.pdf

http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=2850&context=jclc

https://books.google.com/books?id=pXW69O5po3AC&pg=PA165&lpg#v=onepage&q&f=false

Photo credit:  en.wikisource.org

Proud Laborers of the Barrio


From time to time I hear politicians, as well as certain people in the media, stirring the “class warfare” pot. They all remind us we better stock up on our provisions.  Gather up your pitchforks and torches.  And, for God’s sake, don’t forget to pile up all the junk you can find to safely barricade your “domain”.  Class warfare? Seriously? I don’t know about you, but this gringa and all her neighbors in the barrio do not have time for such nonsense.  We’ve got mouths to feed and the only way to do it is to work, work, work.  If the gringa is not pounding away at the keyboard working (or playing Spider Solitaire), scrubbing a toilet, laundering yet another load of stinky socks and unmentionables,  then she’s having adventures with the Latin man of her dreams or basking in the glory of the presence of the kids and grandkids. And, as far as I can tell, all the people in the barrio are doing the same. So, why all the paranoia and fear-mongering from the politicians and media?

Recently the gringa and her caveman escaped the barrio for “uptown” (which means we went a few blocks west).  We had lunch at a local restaurant. The lady in the booth behind us was talking on her phone to a family member. She was giving this person directions to the neighborhood pool from her home. Overhearing her directions (yes, I am a notorious eavesdropper), I was able to determine that I was familiar with the neighborhood she lived in.  It is an exclusive, gated housing development.  All the homes back up to a golf course. Many of these million dollar plus properties are of the most modern designs incorporating the latest technology. Sometimes they are marketed as “smart homes”.  I easily drew the conclusion that this was probably a wealthy woman.  As she explained the details of purchasing a seasonal pool pass for the neighborhood pools she concluded by expressing her dismay that because these were “public” pools even people that did not reside in her “village” could get these passes, they just had to pay more.  It seemed disturbing to her to find herself sunning next to a table where one of these poor families had set up camp so she explained if she had to go she preferred to go early and on a weekday.

My husband and I have taken our kids and grandchildren to these pools numerous times over the years.  What I would like to know is how can a rich person know another person is poor when you are all basically wearing underwear that passes as outerwear simply because the fabric is lined? Does the working class gringa and her familia have a glowing, poor person aura?  Do we exude a distinct barrio fragrance? Do the wealthy have a poor person detector implanted discreetly in their body? Perhaps it is my banged up, duct taped ice chest that has seen many seasons of use at the pool, the beach and the campground that gives me away. Maybe it’s the twenty dollar haircuts we all sport from Great Clips. She might be able to detect the presence of an eight-dollar-a-bottle Clairol redhead (before I went blonde). However, most likely it is the Wal-Mart brand drinks and snacks that always litter the table. Yes, that’s probably it. I shop generic. Ya know, the “more bang for your buck” method of shopping? Perhaps we are seen pulling through the parking lot in our old, beat up mini-van with the one broken door that has the lock duct-taped down so no one makes the mistake of unlocking and opening it because we’ll never get it closed again if they do! But, don’t hate the van, it was paid for! I do know, however, that our manners are not the dead give-away. We may be working class and can’t afford Gucci, but, by golly, being polite and considerate is a freebie to all!

Please, have no fear, rich folk, if you find yourself side by side with the poor folk. We are all out for the same thing, just a little fun in the sun.  Heck, just think about it. That beautiful park you are enjoying is manicured regularly by some working class Joes. Speaking of manicure, your lovely toes and fingers are sporting a mani/pedi compliments of some working class gal (or guy). That bottle of sparkling water you’re enjoying with your organic what-not tidbit was trucked to your favorite store by a person just like my husband. Chances are many of the things that make your life easier and more pleasureable are made possible by the working class. And it is highly likely many of these working class laborers are immigrants who are here to build a better life, not take yours.

As you pass another taco truck or landscape crew salute the courage of these men who, like my husband, left behind all that they knew to enter a foreign country, often all alone, not even knowing the language. And yet, they are making it on their own. As you pick up your clothes at the dry cleaner or enjoy an immaculately clean home thanks to a wonderful house cleaning service, take a moment to admire these women.  These are women who have often survived a life of extreme disadvantage and possibly risked a dangerous journey to immigrate. The hope for a better life was worth the risk to them. Rather than consider working class immigrants suspiciously, consider them heroes. One day their children and grandchildren will owe all of the opportunity and privilege they enjoy to these brave men and women. Our country is enriched by people like this. They are landscapers, cooks, crop harvesters, nannies, seamstresses, truckers, handymen, busboys, hair stylists, etc. They are not just immigrants, they are immigrants who have come to embody all that is American. They are America.

So, please, all you wealthy folk out there who are concerned that us working class folk are biding our time until just the right moment to shriek, “BURN THE WITCH!” and come after your Bentleys and Birkenstocks, it just ain’t so.  There is no need for you to clean out your local Wholefoods Market of Perrier and organic bon- bons.  There’s no reason to have KBR on your home security networks’ speed-dial.  You see, first of all, we working class folk simply don’t have the time to engage in revolt. I stated some of the whys and wherefores of that in the opening paragraph.  But, we also don’t have the extra moolah to fund such an effort. I mean, have you seen how much a pitchfork costs these days? Extras like that are simply not in a barrio budget.  The familia of the barrio spends all of their money on their family and a better life. They will not waste a nickel on something that is going to just cause trouble for another. Most barrio families came here to leave that kind of trouble behind. The simple truth of the matter is, working class people are just not the type of people to bang on your door, poke their hand out and demand a piece of your pie.  Working class people are proud.  Working class people are humble.  Working class people are independent.  We do not want what is yours.  We are satisfied with what is ours.

The barrio is a beautiful place.  The gringa doesn’t want to live anywhere else in the world. You can keep your golf course real estate and your mansion that talks to you. I am happy with my patio garden and an apartment I can clean from top to bottom in about forty-eight minutes flat leaving the rest of the day for my own pleasure. When we moved here the Caveman and I joked we were gonna “slum it” until all the kids were finished with college.  You see, wealthy people don’t sweat tuition. The truly poor get financial aid. Working class people pay every single dime.  We don’t make enough for us not to sweat it and we make too much for the government to think our kids need help. But, we don’t complain. We are proud that our oldest has finished, two are still at it, and the youngest, showing much promise, will soon be on his way.  So, even though it may have started as a temporary move to the barrio, now I want to stay for life. We may not have much but we always have enough, and, of love and laughter and good times, we have plenty. So, what in the world is there to fight for? All of our dreams that really matter have already come true.