Winter 2023/2024 1

MANAGEMENT INNOVATION EXCELLENCE FOR LEGAL AID VOLUME XXXVII NO. 4 WINTER 2023-2024

From the Journal Committee 2

Feature Articles
A Partnership to Break the Cycle of Veteran Homelessness 3
By Richard A.J. Prebil, Supervising Attorney, Veterans Advocacy Project,
Legal Aid of Southeastern Pennsylvania and Nicole McCoy, Legal Services
Program Director, Veterans Multi-Service Center
Creating Networks to Close the Immigrant Benefits Gap 7
By Lena Silver, Director of Policy and Administrative Advocacy and Alexandra Gay,
Staff Attorney, Neighborhood Legal Services of Los Angeles County, and Hope
Nakamura, Retired Directing Attorney, Legal Aid Society of San Mateo County
Worth A Look 16
Soundalike Foursome—A Puzzle 17 ❏
❏
SPECIAL FEATURE:
Special Feature: LSC 50th Anniversary Celebration
The Path Forward for Legal Services Corporation 18 LSC 5Oth
By Ronald S. Flagg, President, Legal Service Corporation
The Legal Services Corporation 2022 Justice Gap Study Executive Summary 24
ANNIVERSARY
“We Are All Climate Lawyers Now:” How You Can Navigate the New and Inevitable CELEBRATION
World of Disaster Legal Services at Your Organization 30
By Charles Burrows, Staff Attorney, Legal Aid of Southeastern Pennsylvania, and
Josh Gaul, Managing Attorney, Iowa Legal Aid
When Change Comes Knocking, Answer the Door! 34
By Heidi Behnke, Statewide Project Manager, Georgia Legal Services Program and
Michael Monahan, Director of the Pro Bono Resource Center, Georgia Legal Services
Program
The Importance of Legal Services Corporation’s Pro Bono Innovation Fund Grant 38
By Shannon Lucas, Director of Advocacy, Sarah Munro, Pro Bono Department
Manager, Caroline Laman, Pro Bono Administrator, Michigan Advocacy Program
A Chronicle of Success: How Legal Services Corporation Resources Can
Change A Life 43
By Sofia Asymianaki, Intake Specialist, 603 Legal Aid
Legal Services Corporation at 50: Ten Lessons from its History 45
By Alan Houseman, President, Consortium for the National Equal Justice Library
RODEO: Retired Old Directors Engaging Online — A Brief History 49
By David Neumeyer, Executive Director, Virginia Legal Aid Society
Tips and Traps: Let’s Talk about Post-Award Compliance with the Experts ​
— So you got your federal funds! Now what? 51
By Karen Lash, Consultant, Rosie Dawn Griffin, Partner, Feldesman Leifer LLP,
and Scott Sheffler, Partner, Feldesman Leifer LLP
 Creating Networks to Close the
Immigrant Benefits Gap
By Lena Silver, Director of Policy and Administrative Advocacy1 and Alexandra
Gay, Staff Attorney,2 Neighborhood Legal Services of Los Angeles County, and Hope
Nakamura, Retired Directing Attorney,3 Legal Aid Society of San Mateo County

I. Introduction (NLSLA) replicated the LIBRE Project model in South-

An immigrant mother without health insurance ern California by founding the Benefits Access for
agonizes over whether to bring her sick child to the Immigrants Los Angeles (BAILA) Network. Both proj-
emergency department because she fears that accessing ects seek to address under-enrollment in crucial safety
net programs by eligible immigrant families.

II. What is the Need?

A 2020 study conducted by the Urban Institute
found that roughly 30% of adults in low-income immi-
grant families with children avoided enrolling in public
benefits for fear that it could impact their immigra-
tion status.5 Even though the Biden Administration
halted the Trump-era public charge regulations, fear
and hesitance remain. Worried families are still less
Lena Silver (Top likely to enroll in benefits without community-based
Left); Alexandra Gay enrollment, outreach, and education in their preferred
(Top Right); Hope language. Further, many immigrants avoid benefits
Nakamura (Lower
until they speak to a lawyer about any potential impacts
Left).
to their immigration status. The LIBRE Project and the
BAILA Network strive to meet these needs by provid-
ing legal services, enrollment assistance, and commu-
nity outreach in a closed-looped referral network to
help immigrants access public benefits and continue to
care will jeopardize her and her family’s status in the receive them. Through this article, we hope to inspire
United States. Another says she’s heard that if she gets other legal aid organizations to create similar models in
any government help for her immigrant son, he will their communities.
have to join the military when he turns 18. How can The United States is home to approximately 45.5
legal aid help to allay such fears and myths? million immigrants, of whom about 21.2 million are
This article describes an innovative model of noncitizens (including lawful permanent residents,
collaboration between legal aid, public benefits refugees and asylees, immigrant visa holders, Deferred
enrollers, and outreach workers/promotores4 to improve Action for Childhood Arrivals (DACA) recipients, and
immigrant access to public benefits in the face of the people who are currently undocumented).6
public charge chilling effect, language access barriers, Roughly one in four children in the United States
and misperceptions surrounding immigrant eligibility has a parent who is an immigrant, and about half of
for public benefits. The Legal Aid Society of San Mateo those children (8.6 million) has at least one noncitizen
County (LASSMC) in Northern California launched parent.7 About 43% of children with immigrant parents
the model in 2010 with the Linking Immigrants to are in low-income households (income below 200% of
Resources, Benefits and Education (LIBRE) Project. the federal poverty threshold).8 For children of U.S.-
Neighborhood Legal Services of Los Angeles County born parents, the rate is about 34%.9
8 Management Information Exchange Journal

Creating Networks to Close the Immigrant While poverty rates for children have declined by 59%
Benefits Gap, Continued from page 7
since 1993, largely due to expansions in the social
While poverty rates for children have declined
by 59% since 1993, largely due to expansions in the safety net, children of immigrants, the fastest-growing
social safety net, children of immigrants, the fastest-
growing group of American youths, have poverty rates group of American youths, have poverty rates more
more than twice those of other children.10 A lower
enrollment rate in public benefits contributes to this than twice those of other children.
disparity.11According to the U.S. Bureau of Labor Statis-
tics, immigrants work at higher rates (65.9%) than
the U.S. born population (61.5%).12 Studies show that
immigrants contribute positively to the U.S. economy.13 applications for permanent residency if an immigrant
However, those who are not employed in well-paying is deemed likely to become a “public charge.”
jobs with benefits face challenges to accessing benefits
like healthcare and food assistance that can help their What is Public Charge?
families remain healthy and contributing members of Public Charge is one of several grounds for deny-
our otherwise aging communities. ing admission to the U.S. under the immigration laws.20
According to a survey conducted in December Immigration officials may deny certain visas and other
of 2022 by the Urban Institute, about 25% of adults immigration applications if they think the applicant
in “mixed-status” families (where one or more family “is likely at any time to become a public charge” after
members are undocumented and the others are citizens applying a complex balancing test of factors.21 The
or lawfully present) reported avoiding public benefits original law does not explicitly mention use of public
like Medicaid, SNAP, and housing subsidies because of benefits as a basis for denying an application.
immigration concerns.14 Immigrants are more likely to After PRWORA, advocates raised concerns that
access community-based program enrollment due to immigrants were avoiding benefits because of confu-
these barriers.15 sion about benefit use and immigration eligibility.22
The disparity in enrollment varies for different In 1999, the Immigration and Naturalization Service
immigrant populations. A 2019 report on access to (INS) issued guidance to clarify what public charge
SNAP benefits in California revealed that while 93% meant and which public benefits would be considered.23
of potentially eligible Californians who speak English The 1999 Field Guidance defines “public charge” as a
receive SNAP, only 58% of Spanish-speakers and 16% person “who is likely to become primarily dependent
of Mandarin-speakers access this benefit.16 on the government for subsistence, as demonstrated
by either (i) the receipt of public cash assistance for
III. Origins of Immigrant Under-enrollment in income maintenance or (ii) institutionalization for
Public Benefits long-term care at government expense.”24
Much of the more recent decline in immigrant Many immigration applications, such as those
access to public benefits can be traced to the passage
of the Personal Responsibility and Work Opportunity This article describes an innovative model of
Reconciliation Act (PRWORA) in 1996, which made
many legal immigrants, such as Lawful Permanent collaboration between legal aid, public benefits
Residents, ineligible for several federal benefits.17
Just two years later, a report by the U.S. Department enrollers, and outreach workers/promotores4 to
of Health and Human Services found that immi-
grant approval ratings for benefit applications fell improve immigrant access to public benefits in the face
“significantly,” while U.S. citizen application approvals
remained the same.18 Although some states, including of the public charge chilling effect, language access
California, created state-equivalent benefits to main-
tain a safety net for immigrants,19 the analysis found
barriers, and misperceptions surrounding immigrant
that PRWORA created a “chilling effect” on immigrant eligibility for public benefits.
use of benefits that was exacerbated by an old immi-
gration law that allows the government to deny some
Winter 2023/2024 9

for naturalization, asylum, and permanent residence immigrant enrollment gap at a systemic level.
renewal, do not have a public charge “test.”25 The public In both models, legal aid collaborates with commu-
charge test also does not apply to immigrants who nity partners across diverse ethnic and immigrant
apply for or have a humanitarian immigration status, backgrounds to create culturally and linguistically
including asylees, refugees, domestic violence and appropriate outreach materials for community work-
serious crime survivors applying for U Visas or peti- ers to disseminate within their communities, as well
tioning for VAWA, and victims of trafficking. Because as presentations for providers and the community
most cash assistance programs require U.S. citizenship, to address systemic issues like the “chilling effect” of
lawful permanent residence, or some humanitarian public charge and concerns about how enrolling in
immigration status to qualify, most people who face benefits could impact a lawful permanent resident’s
a public charge test will not qualify for the cash assis- (LPR’s) immigration sponsor. Community partners
tance benefits that count. work directly with immigrants in their own languages
Between 2017 and 2020, the Trump Administra- to help them enroll in and maintain benefits. Legal
tion caused further confusion through regulations aid serves as the coordinating hub, provides technical
that included non-cash benefits such as Supplemen- assistance, and represents clients referred to them by
tal Nutrition Assistance Program (SNAP), housing enrollers and outreach workers when clients have legal
subsidies, and regular Medicaid in the public benefits issues with their benefits or hesitancy to apply because
considered for the public charge determination.26 These of immigration concerns and will not move forward
changes caused a measurable decline in immigrants’ with an application until they speak to an attorney.
use of benefits.27 However, this effort was challenged in Both networks have achieved, to varying degrees, inte-
the courts28 and, in 2022, the Department of Home- gration into their county benefits-delivery systems and
land Security promulgated a new regulation that mostly are able to advocate at higher levels for policy changes
tracks the 1999 Field Guidance, but also clarifies that to reduce barriers to immigrant access to critical
benefits for family members, including children, are services.
not counted, and provides more guidance about which
immigrants are impacted.29 This regulation took effect The LIBRE Project
on December 23, 2022 and remains in effect today, LIBRE began in 2010, at the height of the Great
although a court challenge is pending.30 Recession, spurred by reports that immigrant families
The Trump era public charge rules heightened were utilizing safety-net benefits at lower rates than
already existing fears of applying for public benefits.31 non-immigrants, despite having family members who
Even with the positive 2022 changes, hesitancy and could qualify for help. The Grove Foundation encour-
misunderstandings remain a significant barrier.32 aged LASSMC to work with other community-based
organizations and the San Mateo County Human
IV. Models for Change Services Agency (HSA) to identify and address barriers
The LIBRE and BAILA models acknowledge that preventing immigrant families from applying for bene-
if the primary goal of public benefits legal advocacy is fits. Our community convening found that language
greater access to public benefits, one must tackle the access, isolation, fear of immigration consequences,
stigma, and lack of reliable information were obstacles
for immigrants. Immigrant communities did not have
Much of the more recent decline in immigrant access the resources to provide the information and assistance
needed to bridge the gap.
to public benefits can be traced to the passage of The Grove Foundation provided seed money for
LIBRE to engage community-based promotores to
the Personal Responsibility and Work Opportunity conduct outreach and provide information about where
to get help applying for benefits, hire bilingual assis-
Reconciliation Act (PRWORA) in 1996, which made many tors to help immigrants apply for benefits and follow
up to ensure that applications were processed, and use
legal immigrants, such as Lawful Permanent Residents,
legal advocacy to enable eligible immigrants to access
ineligible for several federal benefits. benefits. LASSMC created linguistically appropriate
and legally accurate resources about benefits eligibility
and public charge, identified HSA practices that made
10 Management Information Exchange Journal

Creating Networks to Close the Immigrant The LIBRE and BAILA models acknowledge that if
Benefits Gap, Continued from page 9
the primary goal of public benefits legal advocacy is
it difficult for immigrants to navigate the application
process, and represented people who were incorrectly greater access to public benefits, one must tackle the
denied benefits. LASSMC also provided immigration
assistance to immigrants eligible for humanitarian immigrant enrollment gap at a systemic level.
relief like U-visas, VAWA, and Special Immigrant Juve-
nile Status.
A steering committee comprising the partner
organizations33 and HSA meets regularly to oversee NLSLA endeavored to adapt the effective LIBRE
the collaboration and raise systemic issues to resolve. model to the needs of Los Angeles County, which is
Outreach partners track their events and the number the most populous county in the United States. The
of people reached. Promotores refer individuals who California Community Foundation (and several other
need benefits directly to assistors for help. Assistors foundations) provided the pilot funding to launch
help submit applications for Medi-Cal (Medicaid in the network, as it had long supported local efforts to
California), CalFresh (California’s Supplemental Nutri- increase immigrant access to public benefits. BAILA’s
tion Assistance Program), CalWORKs (California’s goal was to create a “no-wrong-door” network in which
Temporary Assistance for Needy Families), Supplemen- individuals could receive guidance regarding which
tal Security Income (SSI), and unemployment benefits, public benefits they may be eligible for, access to legal
using LASSMC’s data system to track and report on services to address fears and barriers, and enrollment
applications submitted. With appropriate authoriza- assistance in the benefits programs they desperately
tion, LIBRE requests data from the HSA to determine needed.
if applications are approved and follows up with appli- Like LIBRE, the BAILA Network is comprised of
cants as needed. Outreach partners and assistors meet community health workers (promotores), applications
with LASSMC staff for training and to ensure proper assistors/enrollers, and legal services providers. In
referrals. selecting outreach partners, BAILA prioritized partners
who could meet the linguistic and cultural needs of
The BAILA Network Los Angeles’ diverse immigrant population. 35 To select
NLSLA launched the BAILA Network in 2021, in enrollment partners, BAILA focused on prominent
direct response to the 2017-2021 public charge crisis.34 community clinics and benefits access organizations

Articles published in the Management Information Exchange Journal represent the

MIE
JOURNAL
views of their authors and are not the views or policies of the MIE Journal Committee
or the MIE Board of Directors. Readers are welcome to comment on articles appearing
in the Journal and may do so by writing to the MIE Journal Committee. The Committee
strives to present in the pages of the Journal diverse perspectives on the management
and related issues in legal services.
MIE invites readers to submit articles for publication. Please note that the MIE Journal
contains 56 pages and is published four times each year. Articles accepted for publication
may not appear immediately but may appear in later issues consistent with the themes
of the issue and the decisions and editorial policies of the MIE Journal Committee.
Management Information Exchange
www.mielegalaid.org
Kesha James, Executive Director
T: 267-277-3404
[email protected]
Winter 2023/2024 11

with enrollment staff that can provide direct assistance on their websites on topics such as public charge,
with health insurance and CalFresh applications — in sponsor deeming, and immigrant eligibility for
English and Spanish, primarily.36 To meet the needs of benefits.38 Trainings and materials are sensitive to
the AAPI community, BAILA network partners have our county’s respective language needs. For example,
subcontracted with six organizations who can provide BAILA’s website and outreach materials are translated
enrollment assistance and benefit navigation assistance into 15 languages, with enrollment available in those
in 11 languages.37 languages.
Because NLSLA is a Legal Services Corporation A game changer with national impact is the online
(LSC)-funded organization, and thus has restrictions tool LASSMC developed in English, Spanish, and
on the noncitizen population to whom it can provide Chinese that anyone can use to see if public charge
services, a non-LSC organization, the Coalition for affects a particular immigration status or application:
Humane Immigrant Rights of Los Angeles (CHIRLA), keepyourbenefits.org. Community workers can use this
was selected as the other legal partner. The Network, tool to help alleviate fear when talking to immigrants
whether through NLSLA or CHIRLA, can thus provide about benefits.
legal services to everyone. In the 14 years since LIBRE’s launch, and the three
Unlike the LIBRE Project, BAILA does not have since BAILA’s launch, there have been many develop-
a steering committee that includes local agencies or ments in the public benefits space. First, the public
government. However, BAILA enrollment partners charge rule changed several times, with the most recent
and legal aid staff can communicate directly with the positive changes in December 2022.39 Also, from 2020
welfare office to resolve cases through a pre-existing to 2024, Medi-Cal expanded to everyone regardless of
collaborative case-resolution process. immigration status.40 Finally, with the Public Health
Even with four enrollment partners, LA County Emergency unwinding and the end of continuous
is so big that accessing our services is challenging. To coverage for Medicaid recipients, immigrant communi-
expand access, the BAILA Network launched a public ties were in dire need of Medicaid renewal assistance,
website containing information about public charge language help, and general benefit navigation services.
and an online form for assistance requests: www.bailan- With each wave of changes, our networks pivoted
etwork.org. The referrals are automatically assigned to quickly to provide materials, training, and support. For
an enrollment partner based on the applicant’s address example, more than 500 people signed up for BAILA’s
or preferred language. Enrollers screen clients using training on the Medi-Cal expansion. BAILA and
comprehensive benefits assessment and legal issue LIBRE engaged with county players to ensure easier
screening tools. Depending on the results of the assess- transitions through these changes, partnering with
ment, partners then provide direct assistance with our respective offices on immigrant affairs and welfare
enrollment in health insurance and CalFresh. If a legal departments. BAILA also is planning a Minimum
issue, such as public charge concerns or a wrongful Continuing Legal Education course for the private
benefits termination or denial, is identified, enrollers immigration bar to educate them about public charge
refer directly to a legal partner. from a public benefits access perspective, because it is
often immigration attorneys who advise their clients to
V. Evaluating Our Models avoid all public benefits.
With established networks to weather each change
A. Impact and combat misinformation, we can have a broader
Increased information and outreach on immi- impact.
grant access to benefits
One of our most tangible accomplishments has Strengthening legal aid’s relationships with
been the creation of culturally and linguistically acces- community organizations and government agencies
sible outreach materials and trainings for service to address immigrant barriers to benefits
providers and community organizations to increase While public benefits practitioners know there are
knowledge about immigrant access to benefits. The more eligible beneficiaries out there than will be able
ability to disseminate effective and timely materials and to access legal services, it is often difficult to create
trainings among partners enables the community to networks to learn about systemic trends and then
respond quickly among shifting landscapes. advocate for change at an administrative level. For both
BAILA and LIBRE share their outreach materials projects, our networks have strengthened relationships
12 Management Information Exchange Journal

Creating Networks to Close the Immigrant for benefits in safe spaces

Benefits Gap, Continued from page 11 One of both projects’ biggest successes was expand-
ing options for immigrants to apply for benefits in safe
with community providers who hear from many more spaces. Some immigrants are afraid to enter govern-
immigrants than a legal services agency could reach ment offices. LIBRE increased the capacity of commu-
alone about public benefits barriers. For example, nity organizations to help immigrants apply so their
through the network, NLSLA learned that the LA first contact was not a government worker. BAILA also
County welfare department’s call center was not acces- provided resources to help clinics to expand enrollment
sible to Cantonese speakers, as required by the state. assistance beyond health insurance to include food
NLSLA’s advocacy led the department to add Canton- assistance, and even cash assistance. At this point, all
ese capability to the system. BAILA clinic partners provide onsite CalFresh enroll-
NLSLA also received network referrals leading to ment, where initially, only two did. The Network is also
a higher volume of cases related to immigrant eligibil- piloting cash aid application assistance. These provid-
ity, sponsor deeming, and public charge, highlighting ers are grateful to have a direct line to legal services to
errors in the welfare department’s application of rules. resolve individual cases and elevate systemic issues.
Over the past year, we have been working with the LA
County welfare department to rewrite poorly worded B. Challenges to work through
or incorrect policies related to immigrant eligibil- Managing sub-grantees, data gathering, and iden-
ity, add correct information about public charge, and tifying sustainable funding sources are a few of the
retrain workers on these complex subjects. BAILA challenges both networks identified. With constant
collaborations have led to testimony at Board of Super- turnover at partner organizations, both LIBRE and
visor meetings about the inaccessibility of services at BAILA must continuously reengage and reeducate sub-
LA County’s welfare agency, identification of systemic grantees. The networks hold group meetings and quar-
issues with the roll-out of California’s new benefits terly one-on-ones to maintain good relationships.
website, BenefitsCal, and a formal letter to the county LIBRE’s data system only tracks outreach, appli-
welfare agency demanding improvements to the way cation assistance, and legal cases. Fortunately, even
humanitarian visa applicants are treated and granted without an application outcome data tracking system,
benefits. LIBRE was still able to show that applications submit-
Similarly, LIBRE assistors contact LASSMC attor- ted with the help of LIBRE assistors were approved at
neys when their clients have problems with applica- a higher rate than applications taken directly at HSA
tions or getting through to county workers. Through offices through collaboration with HSA. BAILA was
its formal partnership with HSA as part of the LIBRE able to create a referral management system to track
steering committee, LIBRE has a direct line to achieve online referrals as well as cases. From November 2021
change. This collaboration was particularly important to February 2024, BAILA had over 3,300 referrals in its
during the Trump Administration to encourage immi- system. While BAILA can collect meaningful data on
grant families to keep receiving Medi-Cal and CalFresh demographics and types of assistance requested and
for their eligible members. Having HSA on the LIBRE provided, it is difficult to collect outcomes on cases,
steering committee helped us coordinate countywide such as whether an application for benefits ultimately
messaging that encouraged immigrants to remain was approved.41
on benefits and to obtain legal consultations if they Both projects were able to secure pilot funding
had questions about their immigration status being from foundations committed to the health and well-
affected. County reports indicated that Medi-Cal and ness of immigrant communities. LIBRE has been able
CalFresh caseloads for immigrant families remained to maintain its main foundation funding but must
proportionately similar to caseloads that did not have use other grants to fully support the project. Because
non-citizens. Keeping Medi-Cal benefits was essential BAILA is comprised of ten partners of different types,
during the COVID pandemic to maintain access to it has been difficult to identify a sustainable funding
healthcare as low-income immigrants were dispropor- source willing to support a large, diverse collaboration.
tionately affected. Now that it is established, BAILA is exploring ways
for network partners to seek funding opportunities
Supporting local organizations and clinics to individually.
increase enrollment models so immigrants can apply
Winter 2023/2024 13

VI. Conclusion joining NLSLA in 2021, she worked as a post-graduate

With each successful case, we help clients over- legal fellow with Earthjustice in Washington, D.C.,
come barriers that seemed insurmountable with- where she focused on environmental justice issues.
out our networks. For example, an undocumented, Alexandra received her J.D. from the UCLA School of
Law. Alexandra may be reached at [email protected].
domestic violence survivor was too afraid to enroll in
3 Before retiring in 2023, Hope Nakamura was a Directing
CalWORKs (TANF), even though it was the only way
Attorney at the Legal Aid Society of San Mateo County
to get emergency shelter. After speaking with an attor- (LASSMC) where she oversaw the Senior Advocates
ney and understanding that a child’s use of benefits program, Government Benefits Unit, and LIBRE Proj-
does not impact her immigration status, she agreed ect. Hope graduated with an A.B. in Economics from
to receive enrollment assistance. In another case, a Stanford University and attended the UCLA School of
network partner helped an 81-year-old monolingual Law to obtain her J.D. She came to LASSMC after work-
Chinese speaker access her existing SNAP benefits ing at the national American Civil Liberties Union office
for the first time due to language barriers, discover- in Washington, D.C. In her 30+ years at LASSMC, she
ing she had thousands of dollars in unused benefits. has litigated public benefits cases, advocated in state-
Our enrollers and outreach workers, empowered with wide policy workgroups, developed programs address-
our trainings, resources, and technical assistance, have ing needs of low-income families, and served as faculty
for the Benchmark Institutes public benefits trainings.
helped thousands of immigrants enroll in and retain
Hope has also worked in community partnerships that
benefits.
educate and assist low-income families and individuals
LIBRE surveys reveal an ongoing need to combat who need safety net benefits. Hope may be reached at
misinformation about public benefits and their impact [email protected].
on immigration and to advocate for policy changes 4 Promotore is a Spanish term used to describe trusted
that address systems barriers to accessing safety net individuals who empower their peers and the commu-
benefits. The LIBRE Project and BAILA Network show nity through education and connections to health and
that legal aid-led community collaborations can help to social resources in Spanish-speaking communities.
break down obstacles by bringing accurate information 5 See Jennifer M. Haley et al., “Many Immigrant Families
through trusted messengers into immigrant communi- with Children Continued to Avoid Public Benefits in
ties and providing free legal and enrollment services 2020, Despite Facing Hardships,” Urban Institute (May
with fluid referrals to one another. Considering the 2021), https://www.urban.org/sites/default/files/publica-
tion/104279/many-immigrant-families-with-children-
staggering and persistent immigrant enrollment gaps
continued-avoiding-benefits-despite-hardships_0.pdf.
in public benefits, we hope more legal aid organizations
6 “Key Facts on Health Coverage of Immigrants,” KFF,
will consider adapting these models to fit their commu- updated Dec. 20, 2023, https://www.kff.org/racial-
nities’ needs. equity-and-health-policy/fact-sheet/key-facts-on-
health-coverage-of-immigrants/.
1 Lena Silver is the Director of Policy and Administra- 7 “Key Facts on Health Coverage of Immigrants,” KFF,
tive Advocacy at Neighborhood Legal Services of Los updated Dec. 20, 2023, https://www.kff.org/racial-
Angeles County (NLSLA), where she has worked since equity-and-health-policy/fact-sheet/key-facts-on-
2015. Her focus is on access to public benefits, and she health-coverage-of-immigrants/.
supports program-wide policy efforts. In 2021, Lena 8 Nicole Ward and Jeanne Batalova, “Frequently
launched the Benefits Access for Immigrants Los Ange- Requested Statistics on Immigrants and Immigration
les (BAILA) Network to increase immigrant access to in the United States,” Migration Policy Institute (March
public benefits in the face of public charge fears and 14, 2023), https://www.migrationpolicy.org/article/
other barriers. Lena came to NLSLA after completing frequently-requested-statistics-immigrants-and-immi-
a fellowship at the Sargent Shriver National Center on gration-united-states#income-poverty.
Poverty Law in Chicago and a clerkship at the United 9 Id.
States District Court for the Southern District of Ohio. 10 Jason DeParle, “Expanded Safety Net Drives Sharp
Lena received her B.A. with honors from UC Berkeley in Drop in Child Poverty,” New York Times, Sept. 11, 2022,
2008 and her J.D. cum laude from Harvard Law School https://www.nytimes.com/2022/09/11/us/politics/child-
in 2013. Lena may be reached at [email protected]. poverty-analysis-safety-net.html (explaining that “...
2 Alexandra Gay is a staff attorney at Neighborhood Legal poverty fell at equal rates among immigrant and nonim-
Services of Los Angeles County, where she focuses on migrant households, but the children of foreign-born
public benefits advocacy, particularly issues related to parents were almost twice as likely to be poor”).
access to benefits for immigrant communities. Before 11 Jason DeParle, “Safety Net Barriers Add to Child
14 Management Information Exchange Journal

Creating Networks to Close the Immigrant 2022), https://healthpolicy.ucla.edu/our-work/publica-

Benefits Gap, Continued from page 13 tions/despite-documented-status-many-california-
immigrants-have-negative-perceptions-or-experiences-
Poverty in Immigrant Families,” New York Times, public.
April 6, 2023, https://www.nytimes.com/2023/04/06/ 15 Id.
us/politics/child-poverty-immigrants.html?actio 16 Joony Moon, “Lost in Translation: Language access solu-
n=click&pgtype=Article&state=default&module tions to increasing uptake of CDSS programs,” (Student
=styln-poverty&variant=show&region=MAIN_ Policy Brief, UC Berkeley Goldman School of Public
CONTENT_1&block=storyline_top_links_recirc Policy, 2019), 12.
(“Nationwide, about 82 percent of eligible people get 17 Title IV, Personal Responsibility and Work Opportunity
food stamps, but only 60 percent of eligible noncitizens, Reconciliation Act of 1996 (P.L. 104-193).
government data shows. Immigrant families eligible for 18 Wendy Zimmermann and Michael Fix, “Declining
the earned-income tax credit are 28 percent less likely Immigrant Applications for Medi-Cal and Welfare Bene-
to report getting it, according to a recent study in the fits in Los Angeles County,” Office of the Assistant Secre-
journal Health Affairs by Dana Thomson and three tary for Planning and Evaluation (June 1998), https://
co-authors. In a comprehensive study last year, Child aspe.hhs.gov/reports/declining-immigrant-applica-
Trends, a research group, found that in 2019 govern- tions-medi-cal-welfare-benefits-los-angeles-county#n2.
ment aid cut child poverty by 47 percent in native fami- 19 See this resource for a breakdown of California-funded
lies but only 39 percent among immigrants”). programs to fill in gaps PRWORA created, specifi-
12 “Table 1 — Employment status of the foreign-born and cally the Cash Assistance Program for Immigrants, the
native-born populations by selected characteristics, California Food Assistance Program and PRUCOL
2021-2022 annual averages,” Labor Force Characteristics eligibility for Medi-Cal: “Major Benefit Programs Avail-
of Foreign-born Workers, U.S. Bureau of Labor Statistics, able to Immigrants in California,” National Immigrant
last modified May 18, 2023, https://www.bls.gov/news. Law Center, January 2024, https://www.nilc.org/issues/
release/forbrn.t01.htm. economic-support/programs-available-to-immigrants-
13 Arloc Sherman et al., “Immigrants Contribute Greatly to in-calif/.
U.S. Economy, Despite Administration’s ‘Public Charge’ 20 See Section 212(a)(4) of the Immigration and Nation-
Rule Rationale,” Center on Budget and Policy Priori- ality Act (INA), 8 U.S.C. §1182(a)(4). For a guide to
ties, August 15, 2019, https://www.cbpp.org/research/ current law and regulation on public charge for advo-
immigrants-contribute-greatly-to-us-economy-despite- cates, reference this resource: “Public Charge: What
administrations-public-charge-rule#_ftn1. Advocates Need to Know” Protecting Immigrant Fami-
14 Dulce Gonzalez and Hamutal Bernstein, “One in Four lies (PIF) Coalition (December 2023), https://pifcoali-
Adults in Mixed-Status Families Did Not Participate tion.org/wp-content/uploads/2023/12/What-Advocates-
in Safety Net Programs in 2022 Because of Green Card Need-To-Know-December-2023.pdf.
Concerns,” Urban Institute (August 2023), https://www. 21 8 U.S.C. §1182(a)(4)(A). The law lists five factors (in
urban.org/sites/default/files/2023-08/One%20in%20 addition to any Affidavit to Support from a sponsor of
Four%20Adults%20in%20Mixed-Status%20Families%20 the applicant) to be considered in making this determi-
Did%20Not%20Participate%20in%20Safety%20Net%20 nation: (1) age; (2) health; (3) family status; (4) assets,
Programs%20in%202022%20Because%20of%20Gre- resources & financial status; and (5) education & skills. 8
en%20Card%20Concerns.pdf; Hamutal Bernstein et al., U.S.C. §1182(a)(4)(B).
“Immigrant Families Faced Multiple Barriers to Safety 22 Shawn Fremstad, “The INS Public Charge Guidance:
Net Programs in 2021,” Urban Institute (November What Does it Mean for Immigrants Who Need Public
2022), https://www.urban.org/sites/default/files/2022- Assistance?” Center on Budget and Policy Priorities
11/Immigrant%20Families%20Faced%20Multiple%20 (January 2000), https://www.cbpp.org/sites/default/files/
Barriers%20to%20Safety%20Net%20Programs%20 atoms/files/1-7-00pov.pdf.
in%202021.pdf; see also Susan H. Babey et al., “One in 23 Department of Justice – Immigration and Naturalization
4 Low-Income Immigrant Adults in California Avoided Service, “Field Guidance on Deportability and Inadmis-
Public Programs, Likely Worsening Food Insecurity and sibility on Public Charge Grounds,” Federal Register Vol.
Access to Health Care,” UCLA Center for Health Policy 64, no. 101 (May 26, 1999): 28689, https://www.govinfo.
and Research (March 2021), https://healthpolicy.ucla. gov/content/pkg/FR-1999-05-26/pdf/99-13202.pdf.
edu/sites/default/files/2023-05/publiccharge-policybrief- 24 The 1999 Guidance explains that “Institutionalization
mar2021_1.pdf; Michael A. Rodriguez et al., “Despite for long-term care…” means programs like Medicaid
Documented Status, Many California Immigrants Have that pay for long-term care in places like nursing homes
Negative Perceptions or Experiences of Public Charge or psychiatric hospitals. Id. at 28692.
Policy,” UCLA Center for Health Policy Research (April 25 8 CFR 212.23.
Winter 2023/2024 15

26 U.S. Citizenship and Immigration Services, DHS, “Inad- and Coastside Hope.
missibility on Public Charge Grounds,” Federal Regis- 34 “New Network Brings Critical Benefits to Immigrant
ter Vol. 83, no. 196 (proposed Oct. 19, 2018): 51,114, Families in Need,” News, Neighborhood Legal Services
https://www.govinfo.gov/content/pkg/FR-2018-10-10/ of LA County, November, 14, 2021, https://nlsla.org/
pdf/2018-21106.pdf. new-network-brings-critical-benefits-to-immigrant-
27 Randy Capps, Michael Fix, and Jeanne Batalova, “Antici- families-in-need/.
pated ‘Chilling Effects’ of the Public-Charge Rule Are 35 The community health/outreach arm of BAILA includes
Real: Census Data Reflect Steep Decline in Benefits Vision y Compromiso, an umbrella organization for
Use by Immigrant Families,” Migration Policy Institute promotores that primarily serve the Latino community,
(December 2020), https://www.migrationpolicy.org/ and Asian Resources, Inc., an umbrella organization
news/anticipated-chilling-effects-public-charge-rule- for API-serving CBOs. BAILA also partners with the
are-real (Analyzing ACS data for 2016 through 2019, Community Clinic Association of Los Angeles County,
and finding the share of children receiving benefits an advocacy organization representing nearly 60
under all three programs (SNAP, Medicaid and TANF) community clinics in the county.
fell about twice as fast among U.S.-citizen children with 36 The BAILA enrollment assistance partners are: Hunger
noncitizen household members as it did among children Action Los Angeles, Maternal and Child Health Access,
with only citizens in their household). Northeast Valley Health Corp., St. John’s Community
28 For an outline of events, see https://pifcoalition.org/our- Health, and Venice Family Clinic.
work/public-charge. 37 The Asian American Drug Abuse Program (AADAP)
29 U.S. Citizenship and Immigration Services, DHS, (Vietnamese); Asian Pacific Health Care Venture (Taga-
“Public Charge Ground of Inadmissibility,” Federal log, Japanese); Chinatown Service Center (Cantonese,
Register Vol. 87, no. 174 (published Sept. 9, 2022): Mandarin); Families in Good Health (Khmer); South
55475, https://www.govinfo.gov/content/pkg/FR-2022- Asian Network (Hindi, Urdu, Bangla, Punjabi); Thai
09-09/pdf/2022-18867.pdf; “The 2022 Public Charge Community Development Center (Thai).
Regulations,” National Immigration Law Center, https:// 38 “Resources,” BAILA Network, www.bailanetwork.org/
www.nilc.org/wp-content/uploads/2023/12/Overview- resources; https://www.thelibreproject.org/public-
of-2022-PC-reg-1.27.23-December-2023-Update.pdf. charge.html .
30 8 CFR Parts 103, 212, 213, and 245. On January 4, 2023, 39 See “The 2022 Public Charge Regulations,” National
Texas challenged the new DHS regulations in a lawsuit Immigration Law Center, https://www.nilc.org/
that remains pending. Texas v. Mayorkas, No. 6:23-cv-1 wp-content/uploads/2023/12/Overview-of-2022-PC-
(S.D. Tex. Jan. 5, 2023). reg-1.27.23-December-2023-Update.pdf.
31 See, for example, Alma Guerrero, M.D., et al., “Forego- 40 Kristen Hwang, “California Expands Health Insurance
ing Healthcare in a Global Pandemic,” UCLA Latino to All Eligible Undocumented Adults,” CalMatters, Dec.
Policy & Politics Initiative (Apr. 7, 2021), https://latino. 28, 2023 (updated January 19, 2024), https://calmatters.
ucla.edu/wp-content/uploads/2021/08/LPPI_Foregoing- org/health/2023/12/undocumented-health-insurance-
Healthcare-in-a-Global-Pandemic_04.07.2021.pdf. new-california-laws-2024/#:~:text=Medi%2DCal%20
32 Dulce Gonzalez and Hamutal Bernstein, “One in Four expansion%20aids%201.8,the%20largest%20
Adults in Mixed-Status Families Did Not Participate number%20of%20enrollees.
in Safety Net Programs in 2022 Because of Green Card 41 To review BAILA data from 2021 through the end
Concerns,” Urban Institute (August 2023), https://www. of 2022, please see our progress reports: https://
urban.org/sites/default/files/2023-08/One%20in%20 drive.google.com/drive/folders/1FnosgfFiAbW_
Four%20Adults%20in%20Mixed-Status%20Fami- u869wrxy55Y0AenMlTDy.
lies%20Did%20Not%20Participate%20in%20Safety%20
Net%20Programs%20in%202022%20Because%20
of%20Green%20Card%20Concerns.pdf; Jennifer M. One of our most tangible accomplishments has been
Haley, Dulce Gonzalez, Genevieve M. Kenney, “Immi-
gration Concerns Continued to Deter Immigrant Fami- the creation of culturally and linguistically accessible
lies with Children from Safety Net Programs in 2021,
Compounding Other Enrollment Difficulties,” Urban outreach materials and trainings for service providers
Institute (Dec. 2022), https://www.urban.org/research/
publication/immigration-concerns-continued-deter- and community organizations to increase knowledge
immigrant-families-children-safety-net#:~:text=In%20
2021%2C%20many%20immigrant%20families,2022). about immigrant access to benefits.
33 Current partners include Nuestra Casa of East Palo Alto,
Redwood City Together, Fair Oaks Community Center,