Posts in Nov 1996 a

To: Multiple recipients of list cac
Date: Wed, 6 Nov 1996 12:10:20 -0500
From: TSTseng@aol.com
Subject: Amerasia issue on Panethnicity

CACers:

This is FYI. – Tim Tseng

=====================================

FOR IMMEDIATE RELEASE
To Order: 310 825-2968

“Asian American Panethnicity at Work, School and Marriage”:
A Discussion in UCLA’s Amerasia Journal

UCLA, Los Angeles–The UCLA Asian American Studies Center announces a special
featurew issue of Amerasia Journal on Asian American Panethnicity, edited by
Prof.Yen Le Espiritu. What is Asian American Panethnicity? Panethnicity
basically refers to the political, cultural, and social interests and
identities across groups. For Amerasia Journal, eight authors and articles
address the complexities of Filipino, South Asian, Korean,Japanese, and
Southeast Asian identity within continental North American and Hawaiian
society.
The focus of this 200-page special issue is on newer Asian Americans
and their children–the 7.3 million Asians who live and work in the
U.S.today. Prof. Espiritu believes that on the eve of the 21st century, “The
Asian American community is at a crossroad: how do we build pan-Asian
solidarity amidst our diversities and amidst an increasingly racially
polarized U.S. Society?” Each author answers this question differently,
looking at ethnicity, region, generation, education, and intermarriage as
factors that determine the degree to which groups are panethnic–or not.
Jeff Chang in his essay looks at ethnic relations and history in
Hawaii in connection to “What is local identity?” “Local” in Hawaii is not
just about personal identity, but material issues–equal access to state
government jobs and other public resources. In the 1970s and 80s, Filipinos
challenged privileged local elites–most often, Japanese, Chinese, and haole
(white) elites, thus intensifying ethnic strife.
Leny Strobel continues the theme on Filipino Americans and focuses on
the cultural identity of post-1965 Filipinos in California. Her essay argues
that identity is formed not only within the Philippines and the U.S., but in
other countries to which Pilipinos have migrated. Such an ethnic identity is
“multilingual, transnational, and transcultural.”
Deborah Misir’s article focuses on anti-Indian violence in New
Jersey, exposing inter-Asian conflicts. For Indians, who regard themselves
as racially different from other Asian Americans, potential alliance with
other Asian Americans is an open question. First generation Indians
perceived anti-Indian attacks to be a uniquely Indian problem and organized
along caste, regional, religious, and linguistic lines. In contrast, their
children opted to ally themselves with other groups of color and Asian
American organizations.
Like Misir, Nazli Kibria in her article “stresses the racial
ambiguity of Asians, since South Asians are not Black, white, or “East Asian”
in the U.S. way of defining race and ethnic categories. Thus, South Asians
have often been regulated to the margins in Asian Pacific American
organizations and groups.

***

At the same time that there are difficulties organizing politically or
culturally across ethnic groups, Prof.Yen Le Espiritu believes that
“pan-Asian possibilities also abound, in advocacy-based organizations, in the
school corridors, and in the rise of inter-Asian marriages.
Linda Vo in her ethnographic study of the Asian Business Association
in San Diego highlights the role that well-educated first generation
immigrations play in pan-Asian mobilization. These Asians, because of their
ties to the Pacific Rim, are seen as economically benefitting the city.
Stacey Lee’s article looks at Asian American youth in pan-Asian
student organizations, one of the first studies on the ways that youth
identify themselves in relation to their Asian ethnic status and fashioned
new terms to define themselves, such as “Asian new-wave.”
Finally, Larry Hajime Shinagawa and in Young Pang investigate another
indicator of interpersonal pan-Asian ethnicity–marriage patterns. They
report a dramatic shift between the 1980s and the 1990s due to a combination
of factors including population incease, socio-economic attatinment, and
middle-class orientation.
The Panethnicity issue of Amerasia Journal is available for ten
dollars plus two dollars shipping and California tax from the UCLA Asian
American Studies Center, Publications, 3230 Campbell Hall, UCLA, Los Angeles,
90096 or call directly to (310) 825-2968 for credit card, institutional or
bookstore orders. The publications unit of the Asian American Studies Center
can also be reached via e-mail at dmar@ucla.edu.

Don T. Nakanishi, Director
UCLA Asian American Studies Center
3230 Campbell Hall
PO Box 951546
Los Angeles, CA 90095-1546
phone: (310) 825-2974
fax: (310) 206-9844
e-mail: dtn@ucla.edu
Center’s web site: http://www.sscnet.ucla.edu/aasc

— End —

To: Multiple recipients of list cac
Date: Tue, 5 Nov 1996 14:06:17 -0500
From: TSTseng@aol.com
Subject: Re: Introduction – Han-Ron Siah

Greetings Han Ron and welcome to the list!

Thanks for your intro (if only the others on this list would say something
about themselves, too)!

You also wrote:
>> When I entered college, it played a role in my deciding to attend a
fellowship at school that was, and still is though less so, mostly Caucasian
instead of just going to the mostly Asian fellowship(s) on campus.

In the last couple of years, I have continued to struggle with such issues as
the purpose of ethnic fellowships, racial/cultural divisions within Christian
fellowships and the church, and ministry to Asians and Asian Americans.<<

Could you share a little more about your perceptions of ethnic/racial
fellowships/churches. These are issues that many of us on this list wrestle
with.

Thanks!

Tim Tseng
Denver, CO

— End —

To: Multiple recipients of list cac
From: TSTseng@aol.com
Date: Mon, 4 Nov 1996 23:44:21 -0500
Subject: Tseng camcorder comes to NYC

Dear CACers:

Most of you are aware of my research project which involves videotaping
interviews with persons closely connected to Chinese churches in N. America.
Well, I’ll be conducting interviews in NYC between Jan. 4-7, 1997. If you
or anyone you know would be interested in giving voice to Chinese American
Protestants, please contact me so that we can arrange an interview. Thanks!

Tim Tseng

— End —

To: Multiple recipients of list cac
Date: Sat, 2 Nov 1996 11:37:39 -0500 (EST)
From: Han-Ron Siah
Subject: Introduction – Han-Ron Siah

Hi,

I joined this list several weeks but but apparently have not been
receiving any of the messages. I just unsubscribed/resubscribed today so
I hope that will fix the problem.

Since I haven’t received any messages, please bear with me if I’m
interrupting a fascinating thread. I’d just like to introduce myself so
you all can get to know me. 🙂 I think including some sense of my
background would be appropriate so people know where I’m coming from.

I’m currently a senior at the University of Maryland, College Park
studying Electrical Engineering. I hope to graduate this coming May (’97)
and continue on into graduate school somewhere other than Maryland. I was
born in Taiwan and lived there until we emigrated when I was 7 to northern
New York where my dad was working on his doctoral degree. After quickly
learning English (as God saw it fit to have me be the only recipient of
all that elementary school’s resources for teaching English) there, I
entered second grade in Irmo, South Carolina (where my dad started working
when he finished his Ph.D.). It was here in SC that I made my first
profession of faith in Jesus Christ at a Billy Graham crusade. We lived
there for 4 years until the time I entered sixth grade and we moved to
Maryland near the Washington DC metro area. Though I had been attending
church all my life, it was here through the youth ministry of the Chinese
Christian Church of Greater Washington DC that I really began to know God
and to really have a relationship with Jesus.

I included this list of places where I’ve lived because I think that the
demographics (ie, Taiwan: a lot of Chinese, NY: not much, SC: a little
more, MD: a lot more) have really played a role in terms of my views
actions regarding my relationships with people of other races and
cultures. For instance, except for the one year in NY, I have always
attended a Chinese Church. That’s pretty much due to my parent’s
preferences to worship God in the context of the language and culture they
are most familiar with. When I entered college, it played a role in my
deciding to attend a fellowship at school that was, and still is though
less so, mostly Caucasian instead of just going to the mostly Asian
fellowship(s) on campus.

In the last couple of years, I have continued to struggle with such issues
as the purpose of ethnic fellowships, racial/cultural divisions within
Christian fellowships and the church, and ministry to Asians and Asian
Americans. I thank God for the people and experiences he has brought into
my life that have challenged me to think about these things. I look
forward to hearing the thoughts and experiences of other brothers and
sisters in Christ on these issues through this mailing list. If I’ve left
questions in your heads, please feel free to email me.

Han-Ron

+————————————————————————-+
| Han-Ron Siah | University of Maryland |
| hsiah@glue.umd.edu | College Park |
| http://www.glue.umd.edu/~hsiah/ | IVCF, Aletheia! |
+————————————————————————-+

— End —

To: Multiple recipients of list cac
Date: Sat, 2 Nov 1996 04:18:44 -0500
From: TSTseng@aol.com
Subject: Re: New Immigration/Financial Bill

Dear CACers:

My friend Katharine Bau Hsiao from San Leandro, CA is much closer to the
immigration/welfar law than I am. Here is a message from her and an
attachment entitled: Making sense of Welfare Law

>>actually legal permanent residents are far from untouched ( at least the
poor ones), though its true that student aid wasn’t affected.

The welfare reform guide that I wrote that is being used nationally for
seniors is attached FYI. …anyone can get a copy from me, along with the
citizenship brochures that we wrote. It is posted on the Internet, as
noted.<<

Tim Tseng

–PART.BOUNDARY.0.17981.emout17.mail.aol.com.846926321

Making Sense of Changes in Welfare Law:
A Preliminary Guide for Senior Service Providers

Contents page
Introduction 1
Sensitive Issues 2
Step One: What is the INS status of your client? 3
Step One: Visual Flow Chart 5
Step Two, Part A: =D4Current Qualified=D5 Residents 6
Step Two, Part B: =D4Not Qualified=D5 Residents 9
Step Two, Part C: =D4New Qualified=D5 Residents 11
Appendix A: Statistics for Alameda County Residents 15

Introduction

The recently enacted welfare bill, as well as the just-enacted immig=
ration bill in the Omnibus Continuing Resolution,change the face of publi=
c benefits for non-citizen seniors. This guide has been prepared to assi=
st Alameda County senior service providers in understanding these new wel=
fare laws and their potential impact on Alameda County non-citizen senior=
s. As many aspects of the federal law are not yet clear, this guide is in=
tended to be general in nature. Many more developments are expected to o=
ccur regarding federal regulations and policies, and the State of Califor=
nia has several options to consider. =

The information in this guide may change over time and updates will =
be available from the Alameda County Department of Social Services Area A=
gency on Aging or on the Internet (see page 14 for information on how to =
obtain an update). Before relying on this guide for an individual client=
, you should get the most recent edition, and check with legal experts.

Sensitive Issues to be Aware of When Working with Immigrant Clients

Because of cultural issues, potential language barriers, and possibl=
e fears on the part of immigrants regarding the impact of the new laws, =
many immigrant clients are sensitive about giving out personal informatio=
n to strangers. Please keep in mind the following points:

1. Many new policies and regulations will probably need to be in effect =
before clients start losing benefits under the new law. The law and how =
it will be carried out is still uncertain in many areas. Therefore, plea=
se be cautious about alarming clients who may be very anxious about the p=
rospect of survival if they lose benefits. The NCCIR handout, =D4Immigra=
nts and Public Benefits=D5 (last update 10/7/96), may help reassure anxio=
us clients. This handout is available in several languages from NCCIR: (=
415) 243-8215.

2. Many non-citizens may feel somewhat uncomfortable about revealing the=
ir citizenship status to strangers. Please be sensitive in asking such a=
question (see 3., below). If it appears inappropriate for you to ask or=
if the client seems reticent, consider referring the client to NCCIR or =
LAS. You may wish to give the client a copy of the NCCIR handout.

3. =D4Qualified, Unqualified, Undocumented and Legal=D5 Residents
The new law distinguishes between =93qualified=94 residents and =93u=
nqualified=94 residents (see below). To further complicate matters, some=
programs distinguish between =93lawfully present=94 and =93not lawfully =
present=94 (Social Security) or between =D4eligible=D5 or =D4not eligibl=
e=D5 (housing). These terms are not synonymous with each other or with =D4=
legal=D5 or =D4undocumented=D5.
Under the immigration bill, it is now clear that non-profit charitab=
le organizations administering federal, state, or local benefits programs=
will not have to verify the immigration status of the applicants for the=
se programs.In general, there is no reason to ask an immigrant if s/he is=
=D4undocumented=D5.
Only three agencies (SSA, TANF/AFDC,and housing authorities are requ=
ired to make reports to the INS about immigrants they =D4know=D5 are unla=
wfully present in the United States. (In the past, this has been interpr=
eted to mean that, unless an immigrant shows a final order of deportation=
, there is no way to know that s/he is unlawfully present). Immigrants h=
ave the right not to provide information if they wish.
For Social Security purposes and for higher education assistance, un=
der the immigration bill, states and higher education institutions are re=
quired to transmit to the INS copies of documents they accept from indivi=
duals verifying the individuals=92 citizenship or alien status, or inform=
ation from such documents. It is not yet clear what this means and how i=
t will be implemented.
Although state or local government entities cannot be prohibited fro=
m restricting the flow of information to the INS (if the INS requests it)=
, they are not required to ask for this information. Agencies that are =
not government entities will probably be able to keep this information co=
nfidential if they so choose.
In the next 18 months, the U.S. Attorney General will be developing =
procedures for verifying that an immigrant is =D4qualified=D5 and is elig=
ible to receive certain federal benefits. The state then has 24 months t=
o develop a verification system that complies with the federal regulation=
s. State and local agencies should not attempt to implement a new verifi=
cation system for these benefits until after the federal and state regula=
tions are in place. These procedures are for determining eligibility, no=
t for reporting. Under the immigration bill, the Attorney General will a=
lso establish procedures for a person applying for a federal public benef=
it to provide proof of citizenship =93in a fair and non-discriminatory ma=
nner.=94

4. To keep benefits, non-citizens should begin the citizenship process i=
f they are eligible. A special brochure, =D4How to Become a Citizen and =
Where to Get Help,' is available in nine languages from the Alameda Count=
y Bar Association: (510) 893-7160. The English and Spanish versions are =
available on the Internet at: =93http://www.acon.org/acon/
citizenship.

Step One: What is the INS status of your client?

Note: The chart on page five presents this Step One in flow chart form.

A. Citizen: – most citizens are not affected by the immigrant provision=
s of welfare reform unless they reside with non-citizens. Even if s/he im=
migrated here, s/he is not directly affected by the new laws or proposed =
laws. His/her relatives may be affected; s/he may want to share informat=
ion about citizenship or effect of welfare reform with them.

B. =D4Qualified Resident=D5 – Under the terms of the new welfare reform=
law, a =D4qualified resident=D5 is one of the following:
Legal permanent resident – =D4Green card=D5 holder
Refugee or asylee (as defined by INS)
Person who has been granted withholding of deportation
Parolees admitted for at least one year

If your client was present in the U.S. on August 22, 1996, go to Step Two=
, Part A: Qualified Residents present in U.S. August 22, 1996 (p. ).

If your client was not present in the U.S. on August 22, 1996, go to Step=
Two, Part C: Qualified Residents entering the U.S. after August 22, 1996=
(p. ).

C. =D4Not Qualified=D5 Immigrants – Persons other than those in listed i=
n B, above.
Go to Step Two, Part B: – =93Not Qualified=94 persons (p. ). This may =
include conditional admittees, and those who have applied for legal perma=
nent residence, asylee, parolee, or refugee status and have not yet recei=
ved it, as well as others.

Step One: Visual Flow Chart =

=08
What is the INS status of your client?

=08 ((
=08 S/he is not directly
Is s/he a U.S. Citizen? ( affected by new laws yes unless r=
esiding with non-citizens
( no
=08
=08 Is s/he one of the following:
S/he is a =93 Not
Legal Permanent Resident; =93green card=94 holder Qualified
or Resident=94
Refugee or asylee no =

or ( Go to Step
Person who has been granted withholding of deportation Two, Part B
or (page 9)
Parolee admitted for at least one year =

or
Person with approved or pending petition under the =

Violence Against Women act ?
=08
( yes S/he is a new
=93Qualified
=08 no Resident=94
Was s/he present in the U.S. on August 22, 1996? ( Go to Step
Two, Part C
( yes (page 11)
=08 =

S/he is a current =93Qualified Resident=94
Go to Step Two, Part A
(page 6)

Step Two, Part A: Current Qualified Residents (those present in U.S. Augu=
st 22, 1996)

I. Barred Programs

1. Under the new law, legal immigrants (including current residents) wil=
l be denied the following until citizenship unless they meet an exception=
:

SSI
Food Stamps

SSI: As far as we know, benefits are not currently being stopped. Under=
the terms of the law, benefits should stop in the month after the client=
=92s next eligibility review. Seniors who qualify for SSI on the basis o=
f age do not have regular annual review dates. Our current understandin=
g from SSA officials is that no notices will be sent out or other actions=
taken until at least February, 1997. However, there is no guarantee tha=
t this policy will not change prior to that time. Until the federal regul=
ations are drafted, it is unclear how much notice aged persons will get b=
efore they are cut from SSI. Legal immigrants will be cut off no later t=
han August 22, 1997. New applications from non-citizens are being accep=
ted by the SSA, but are held in pending status. The status of benefits f=
or which eligibility is linked to SSI eligibility (e.g., Medi-Cal, IHSS) =
is uncertain, see below.

Food Stamps: The immigration bill extended the cut-off date for current =
recipients to April 1, 1997 or after, so current recipients should still =
be receiving food stamps. Qualified immigrants must still be cut off by =
August 22, 1997. Our current understanding for Alameda Countyis that new=
applicants (those who apply after August 22, 1996) are not receiving Fo=
od Stamps; however, because this policy will be challenged by legal advoc=
ates, new applicants are encouraged to apply. If rejected, please contac=
t the Legal Aid Society of Alameda County at (510) 451-9261.

2. Exceptions:

a. Those who are =

i) Refugees, asylees, or those who have been granted withholding of =
deportation and
ii) who are within their first five years (of having such status) in=
the U.S. are exempt (i.e., can still receive food stamps and SSI).

b. Veterans, and non-citizens on active duty, and their spouses and unma=
rried children under age 21 are exempt.

c. Immigrants who have worked 40 qualifying quarters (as defined by Titl=
e II Social Security) are exempt. Note: In order for a quarter to be co=
unted after 12/31/96, no federal means-tested benefits may be received du=
ring that quarter.
i. Note: Husbands and wives may combine quarters (e.g., if husband=
has 21 and wife has 19; they would each qualify) as long as still marrie=
d or working spouse is deceased. Also, minor children under 18 may count=
quarters worked by parents.
ii. Possibly, persons who earn the equivalent of quarters during a =
given period but who did not receive credit within the Social Security sy=
stem may be able to count those quarters (e.g., in 1978, it took $250 to =
earn a quarter; if that much was earned in that year it might be counted =
even though not credited in the Social Security system). This is an area=
still under scrutiny in the regulatory process; if the more generous int=
erpretation is adopted, it is possible that tax effects might follow.
iii. Note that since 1978, a =93quarter of coverage=94 does not hav=
e to be earned in a separate calendar quarter during a year. Thus, if M=
rs. Gonzalez=92 only earnings for the year are $750, all earned in Januar=
y, 1978, she would be credited with 3 quarters for 1978. If she earned t=
he same thing in January, 1977, however, she would only get one quarter o=
f credit for that year.

For a client who is unsure about the 40 quarters, s/he can complete Socia=
l Security Form 7004, =D4Request for Personal Earning and Benefit Estimat=
e Statement,' from the Social Security Office (or by mail: 1 800 772-1213=
) and receive a statement from Social Security. If this statement is inc=
orrect, the client can take steps to correct it. Note: It is still uncl=
ear whether quarters where sufficient money was earned but Social Securit=
y did not receive notice may be counted.

II. State of California will have option to bar programs

1. Although formerly the law provided that states may not discriminate a=
gainst legal immigrants in the provision of assistance, the new law allow=
s states to bar current and future immigrants from the following:

a. non-emergency Medi-Cal
b. AFDC/TANF
c. Title XX block grant programs
d. All entirely state funded public benefits programs (e.g., Genera=
l Assistance)

Immigrants meeting the exceptions in I.2, above, are exempt from any Stat=
e bar.

Medi-Cal and the other state programs are not at risk unless the State ac=
ts. If the State affirmatively acts to deny some of these benefits, it ca=
nnot cut off current recipients before January 1, 1997. As to Medi-Cal=
in particular, if the state chooses to deny Medi-Cal benefits, legal adv=
ocates believe that there are several legal theories under which Medi-Cal=
may be protected for most current recipients. This is an uncertain area=
, and future updates of this guide will contain information on Medi-Cal a=
nd other benefits, once more is known.

IHSS: As the state laws are now written, persons losing SSI will also lo=
se IHSS. The state may choose to leave this as is, make a change that wo=
uld like IHSS to other benefits (e.g., Medi-Cal).

III. Housing

Federally subsidized housing is not at risk at this time for current lega=
l immigrants. However, if a legal immigrant lives in a =93mixed family=94=
unit with other persons considered =93ineligible=94 (a status similar to=
=93unqualified persons=94), proration of any rent subsidy might apply. =
The procedures for verification of =93eligible=94 status for all resident=
s of federally subsidized housing units that have been used since June of=
1995 are likely to be continued. The rules of proration of rent will be=
developed in the next few months.

IV. Options for Clients

Clients denied SSI or Food Stamps who do not fall under any of the except=
ions should be advised of the following options:

1. Clients have the right to a hearing when benefits are cut off. They =
may appeal the action, and try to see if they can fall within an exceptio=
n. SSI benefits will not be denied pending the reconsideration process=

2. Apply for citizenship (see citizenship brochures)
3. Apply for General Assistance

Step Two, Part B: – =D4Not Qualified=D5 persons

I. Barred Programs

1. Under the new law, =D4not qualified=D5 immigrants(including current r=
esidents – see Step One for definitions) will be denied the following be=
nefits:

a. public and assisted housing
b. Federal public benefits
c. Any governmental grant, contract, loan
d. Any professional or commercial license (non-immigrants may recei=
ve license or contract related to visa)

2. Exceptions – certain non-cash programs:
Emergency Medi-Cal
School lunch and school breakfast
Short-term, in-kind emergency disaster relief
Immunizations, testing and treatment of symptoms of communicable dis=
ease (even if no disease is found)
At Attorney General=D5s discretion, community programs that do not c=
ondition assistance on individual income or resources and are necessary t=
o protect life or safety. This includes programs covering the following =
needs:
( crisis counseling and intervention, child and adult protection ser=
vices, violence and abuse prevention, victims of domestic violence or oth=
er criminal activity, or treatment of mental illness or substance abuse;
( short-term shelter or housing assistance for the homeless, domesti=
c violence victims, or for runaway, abused, or abandoned children; progra=
m services or assistance to help individuals during periods of heat, cold=
or other adverse weather conditions
( soup kitchens, community food banks, senior nutrition such as meal=
s on wheels, other nutritional services for persons requiring assistance;=

( medical and public health services and mental health, disability o=
r substance abuse programs necessary to protect life or safety; and
( activities designed to protect the life and safety of workers, chi=
ldren and youth or community residents

The immigration bill provides for reimbursement to public hospitals and c=
ertain non-profit hospitals that provide emergency medical assistance to =
persons who are not lawfully present in the U.S. The provider may be rei=
mbursed if it doesn=92t qualify for reimbursement under any other federal=
programs, subject to annual appropriations. To be reimbursed, hospitals=
must verify =D4eligible immigrant status=D5 through procedures to be dev=
eloped by the U.S. Attorney General and the Department of Health and Huma=
n Services

Social Security: Social Security rules are different from the rules for =
other programs. The new laws require a distinction between =93lawfully p=
resent=94 persons and =93not lawfully present=94 persons. These distinct=
ions are different from =D4qualified=D5 vs. =D4not qualified.=D5 Only pe=
rsons who are otherwise eligible and 1) are lawfully present; or 2) are n=
ot lawfully present but who applied before December 1, 1996 can receive S=
ocial Security benefits after December 1, 1996.

Food Stamps: The immigration bill extended the cut-off date for current =
recipients to April 1, 1997 or after, so current recipients should still =
be receiving them. Our current understanding is that new applicants (tho=
se who apply after August 22, 1996) in Alameda County are not receiving F=
ood Stamps; however because this policy is currently being challenged by =
legal advocates, new applicants are encouraged to apply. If rejected, pl=
ease contact Legal Aid Society of Alameda County at (510) 451-9261.

II. State Options to bar programs

The state has the option to bar =D4not qualified=D5 immigrant children fr=
om nutrition act programs (e.g., W.I.C.) and certain other emergency food=
and commodity programs.

Immigrants who are =D4not lawfully present=D5 may not participate in stat=
e or locally funded programs unless the state passes a law after enactmen=
t affirmatively providing eligibility for =93not lawfully present=94 immi=
grants. Note: This is not currently being enforced (e.g., prenatal car=
e is still being received).

III. Governor Wilson=D5s recent Executive Order

On August 27th, 1996, Governor Wilson signed an executive order in an att=
empt to deny certain services immediately to undocumented persons (e.g., =
prenatal care and professional licenses). However, the order does not ha=
ve immediate effect, since the governor cannot make policy decisions on h=
is own that overrule existing state law or court decisions. To be enforc=
eable, any executive order would have to comply with existing court order=
s, including the current injunction against implementation of Prop. 187. =
Actually, the federal government has 18 months to develop regulations on=
federal benefits that might be denied to undocumented persons; the state=
has another 2 years to develop its procedures regarding those benefits.

IV. Housing

The new immigration bill contained additional legislation modifying the 1=
995 laws on the eligibility for public and on subsidized housing of =D4in=
eligible=D5 persons (a status similar to =D4unqualified=D5 persons). How=
these laws will be interpreted and administered is not yet clear. =

Prior to the new law, an undocumented immigrant living in public or assis=
ted housing prior to June 19, 1995 could stay there. S/he did not have t=
o tell the Housing Authority that s/he is undocumented.

The new law provides for proration of subsidies for any =D4mixed family=D5=
– where a household contains some =D4eligible=D5 and some =D4ineligible=D5=
persons, if they lived in public or assisted housing on June 19, 1995. =
That will mean rent increases for some families. A process for establish=
ing =D4eligibility=D5 and appeal rights are still being developed. If th=
e Housing Authority =D4knows=D5 a person is undocumented, they are suppos=
ed to report to the INS.

V. Options for Clients

1. Clients have the right to a hearing when benefits are cut off. They =
may appeal the action, and try to see if they can fall within an exceptio=
n. SSI benefits will not be denied pending the reconsideration process=
=2E
2. Apply for citizenship if eligible (see citizenship brochures).
3. If living in subsidized housing, see IV, above.
4. For persons not receiving Medi-Cal, the County health care system and=
community clinics may be available.

Step Two, Part C: New =D4Qualified Residents=D5 (those entering after Au=
gust 22, 1996)

A completely different set of rules will apply to qualified residents ent=
ering the country after the enactment of the welfare law. In brief, they=
are as follows:

I. Five year bar on most benefits
1. New immigrants are barred from receiving TANF/AFDC, Medi-Cal, Title X=
X block grants, and =93federal means tested public benefits programs=94be=
nefits for five years after entering the U.S., except:

2. a. Those who are =

i) Refugees, asylees, or those who have been granted withholding of=
deportation and
ii) who are within their first five years of having such status are =
exempt.

b. Veterans, and aliens on active duty, and their spouses and unmarried =
children under age 21 are exempt.

c. Cuban/Haitian entrants are exempt.

3. Certain programs are exempt from this bar:

(Emergency Medi-Cal
(Immunizations, and testing, and treatment of the symptoms of commun=
icable disease
(Short-term, non-cash disaster relief
(School Lunch Act programs
(Child Nutrition Act programs
(Title IV Parts B and E Foster Care and Adoption Assistance payments=
, but only if adoptive or foster parents are qualified
(Higher education loans and grants
(Elementary and Secondary Education Act
(Head Start
(Job Training Partnership Act
(At Attorney General=92s discretion, community programs that do not =
condition assistance on individual income or resources and are necessary =
to protect life or safety. This includes programs covering the following=
needs:
( crisis counseling and intervention, child and adult protection ser=
vices, violence and abuse prevention, victims of domestic violence or oth=
er criminal activity, or treatment of mental illness or substance abuse;
( short-term shelter or housing assistance for the homeless, domesti=
c violence victims, or for runaway, abused, or abandoned children;
( program services or assistance to help individuals during periods =
of heat, cold or other adverse weather conditions
( soup kitchens, community food banks, senior nutrition such as meal=
s on wheels, other nutritional services for persons requiring assistance;=

( medical and public health services and mental health, disability o=
r substance abuse programs necessary to protect life or safety; and
( activities designed to protect the life and safety of workers, chi=
ldren and youth or community residents

The immigration bill provides for reimbursement to public hospitals and c=
ertain non-profit hospitals that provide emergency medical assistance to =
persons who are not lawfully present in the U.S. The provider may be rei=
mbursed if it doesn=D5t qualify for reimbursement under any other federal=
programs, subject to annual appropriations. To be reimbursed, hospitals=
must verify =D4eligible immigrant status=D5 through procedures to be dev=
eloped by the U.S. Attorney General and the Department of Health and Huma=
n Services.

II. Sponsor Deeming until citizenship or 40 Social Security quarters

Sponsor deeming means that a client=D5s sponsor=D5s income and resources =
are attributed, or =D4deemed,' to the client in determining eligibility f=
or programs. Thus, if the sponsor=D5s income or resources, when combined=
with the client=D5s income and resources, is higher than the allowable i=
ncome or resource levels, the client is ineligible for the benefit.

Under the law in effect through August, sponsor deeming was used only for=
SSI, food stamps, and AFDC, and only for three year (five years for SSI =
recipients up until October 1, 1996; then three years). =

Under the new laws, all =D4federal means-tested public benefit programs=D5=
must deem future immigrants whose sponsor signs an updated affidavit of =
support form. The new form is to be developed by Dec. 29, 1996; it is ex=
pected to be in use 60-90 days after development. =

For those immigrants who are sponsored by a sponsor signing the new form,=
the following will apply:

1. New immigrants will have sponsor income deemed to them for TANF/AFDC, =
Medi-Cal, food stamps, and =D4federal means tested public benefits progra=
m=D5 benefits until they become citizens or have 40 quarters of Social Se=
curity credit.

2. States have the option to deem sponsor income for state public benefi=
ts until the immigrant becomes a citizen.

3. Exemptions:

a. Persons with 40 quarters exemptions (not including any quarters afte=
r 12/31/96 during which federal means-tested benefits were received) appl=
ies to both state and federal programs.
i. Note: Husbands and wives may combine quarters (e.g., if husband=
has 21 and wife has 19; they would each qualify) as long as still marrie=
d or one spouse is deceased. Also, minor children under 18 may count qua=
rters worked by parents.
ii. Possibly, persons who earn the equivalent of quarters during a =
given period but who did not receive credit within the Social Security sy=
stem may be able to count those quarters (e.g., in 1978, it took $250 to =
earn a quarter; if that much was earned in that year it might be counted =
even though not credited in the Social Security system). This is an area=
still under scrutiny in the regulatory process; if the more generous int=
erpretation is adopted, it is possible that tax effects might follow.
iii. Note that since 1978, a =D4quarter of coverage=D5 does not hav=
e to be earned in a separate calendar quarter during a year. Thus, if M=
rs. Gonzalez=D5s only earnings for the year are $750, all earned in Janua=
ry, 1978, she would be credited with 3 quarters for 1978. If she earned =
the same thing in January, 1977, however, she would only get one quarter =
of credit for that year.

b. Homeless or hungry sponsored immigrants: The immigration bill provid=
es that sponsor deeming can be deferred up to 12 months if the immigrant=D5=
s sponsor or sponsor=D5s spouse refuses to assist the immigrant, and if a=
ssistance is necessary to prevent the sponsored immigrant from going with=
out food or shelter.

c. Battered spouses and children: The immigration bill provides that de=
eming can be deferred up to 12 months if the immigrant has been battered =
by a spouse or parent (or other household family members with the spouse/=
parent=D5s consent) and assistance =D4has a substantial connection to the=
need for the public benefits applied for.=D5 After 12 months the batter=
ed spouse (or child) may continue to receive assistance if the battery or=
cruelty was perpetrated by the sponsor and has been recognized by a cour=
t order or INS determination. This exception does not apply to immigrant=
s who continue to reside with the batterer.

III. Options for Clients

1. Apply for citizenship as soon as feasible (see citizenship brochures=
)
2. Apply for General Assistance, if needed
3. For persons not receiving Medi-Cal, the County health care system and=
community clinics may be available

Acknowledgments:
This guide has been prepared by attorney Katharine Bau Hsiao of Legal Ass=
istance for Seniors, with partial funding from the East Bay Community Fou=
ndation. It was produced with the assistance of the National Immigration=
Law Center, the Northern California Coalition for Immigrant Rights, and =
the National Housing Law Project. As this material is constantly changin=
g, this guide is not intended to serve as legal advice. Please consult a=
n expert before assisting an individual client.

Comments and Corrections:
If you have suggestions to make this guide more useful, or technical corr=
ections, please call (510) 987-7390 and ask for the Immigrant Issues voic=
email box . Leave a message and our staff will return your call. Thank =
you.

Updates:
This guide will be updated regularly as significant new information becom=
es available. (For example, as soon as any additional information is kno=
wn about Medi-Cal coverage for immigrants, the guide will be updated). Y=
ou may obtain an up-to-date guide by sending a 8-1/2 x 14 preaddressed en=
velope, with $1.24 in postage affixed, to: Welfare Guide Update, c/o Mr.=
Louis Labat, Alameda County Area Agency on Aging, 8000 Edgewater Drive, =
1st Floor, Oakland, CA 94621 (510) 567-8052. You may also find the lates=
t copy on the Internet, at =D2http://www.acon.org/acon/welfare.=D3 =

Appendix A

Statistics on Alameda County Residents affected by Welfare Reform

Note: The two sources of data listed below provide differing figures for=
persons affected. The cause for this is currently unknown.

1. Non-Citizen SSI/SSP Recipients – Alameda County – February, 1996
State of California, Health and Welfare Agency, Dept. of Social Services,=
Information Service Bureau, April 17, 1996

Aged (65+) 9,210
Blind 136
Disabled 3,834
Non-citizen Total 13,180
SSI/SSP Total 48,056
% Non-citizen SSI/SSP recipients 27.4%

note: when disabled recipients turn 65, SSI typically continues to count=
as disabled.

2. Alameda County – Aliens in Current Pay for SSI, Listed by SSA Distric=
t Office – June, 1996 =

Source: SSA personnel

Oakland 7283
Foothill 1076
San Leandro 893
Livermore 405
Hayward 2140
Berkeley 1318
Fremont 3979

Total: 17,094

– The Personal Responsibility and Work Opportunity Reconciliation Act of =
1996 (Public Law No. 104-193), enacted August 22, 1996.
– The Illegal Immigration and Immigrant Responsibility Act of 1996, enac=
ted September 30, 1996, as a part of the Omnibus Continuing Resolution.
– It is estimated that over 13,000 non-citizens are currently on the SSI =
rolls, of which over 9,000 are aged. This represents over 27% of the tot=
al SSI population in Alameda County. Additional non-SSI eligible seniors=
are also affected by the law. See Appendix A for more statistics.
– However, non-profit housing agencies managing or owning HUD-subsidized =
housing are still required to verify eligible immigration status of resid=
ents, as they have been since June, 1995.
– In 1997 the AFDC program will be replaced by the TANF program.
– This does not apply to private landlords (e.g., Sec. 8 landlords).
– see footnote 8, below.
– Citizens residing with non-citizens may be affected if any of the follo=
wing apply: if receiving Food Stamps, AFDC, or living in subsidized hous=
ing. See Section Two for more information on housing issues.
– Note that this group may include conditional admittees, applicants for =
legal permanent residence and asylee, parolee, and refugee applicants, as=
well as others.
– Certain domestic violence abuse victims who have applied to self-petiti=
on under the Violence Against Women Act, if no longer living the same hou=
sehold with the batterer, and if there is a =93substantial connection=94 =
between the battering and the need for public benefits.
– This policy differs from county to county. For example, new applicants=
are apparently still receiving Food Stamps in San Francisco.
– A few benefits may be exempt from this rule, such as emergency Medi-Cal=
, disaster relief, immunizations, in-kind services at the community level=
, etc.
– However, starting in April, 1996, a separate federal law required publi=
c housing and Section 8 landlords to charge a minimum rent of $25 ($50 fo=
r some landlords) for all tenants. That law was to expire on Sept. 30, =
1996, but it was modified and extended until Sept. 30, 1997. Under the m=
odification, the minimum rent can be anything up to $50. Most persons we=
re eligible for a three month waiver. Some subsidized housing residents =
will be subject to a minimum rent and will have to pay some rent even if=
they have no income at all.
=D4Not qualified residents=D5 may be present before or after August 22,19=
96; the rules are the same.
– The U.S. Attorney General has just defined =D4lawfully present persons=D5=
(e.g., asylum applicants).
– =D4means tested program=D5 has not yet been defined; it is likely to in=
clude SSI, Food Stamps, etc.
– =D4means tested program=D5 has not yet been defined

–PART.BOUNDARY.0.17981.emout17.mail.aol.com.846926321–

— End —

To: Multiple recipients of list cac
From: “DJ Chuang”
Date: Fri, 1 Nov 1996 11:23:46 +0000
Subject: Ministry Opportunities

TWO MINISTRY OPPORTUNITIES TO PASS ALONG TO YOU:

Northern Virginia Chinese Christian Church is currently searching
for a Youth Ministry Director. Requirements:
1.Must have sound evangelical faith with beliefs consistent
with our Statement of Faith. 2.Must undergone formal
theological or Christian education training. 3.Must have
interest in, or understanding of, the Chinese culture.
4.English being the mother tongue.
Interested party may please contact: NVCCC c/o Mr. Raymond Lee at
12939 Ridgemist Lane, Fairfax, VA 22033, Tel. (703) 222-3828

From: seung@radonc4.ucsf.edu
Date sent: Sat, 26 Oct 1996 15:39:57 -0700
To: djchuang@ix.netcom.com

The San Francisco Korean United Methodist
Church is in need of a pastor as of December.
Since there is a dire shortage of Korean
American seminarians in the Methodist denomination,
we are seeking any Christ-centered, conservative
theological person who may be interested in building
a congregation of mostly 2nd generation Asian Americans.
Please reply to .

* * John 2:17 *

— End —

To: Multiple recipients of list cac
Date: Fri, 1 Nov 1996 02:39:19 -0500
From: TSTseng@aol.com
Subject: Re: New Immigration/Financial Bill

Greg:

In response to your posting:

>>The following message regarding pending legislation that would restrict
student aid to anyone who is not ‘born’ in the US, regardless of their
resident status (even naturalized US citizens). The
implications of this legislation are far reaching, not just for the quality
of our student pool, but more so as a reflection of a growing xenophobia in
this country. Please consider these another implications of this legislation
and contact your representatives in the Senator and House.<<

I'm afraid this is "old news." HR 4 has been modified, passed, and signed
into law. Congress is in recess now so that legislators can campaign for
Super Tuesday. I'm not sure, but I think these particular provisions were
eliminated or scaled down. In any case, my understanding of the final
version of the legislation was to crack down on illegals and leave permanent
residents and legal immigrants relatively untouched. Nevertheless, the
anti-immigration backlash and push for race-neutral public policies are still
quite strong in the US – all of which can be attributed to neo-conservative
ideologues who have reshaped the public discourse.

Tim Tseng

— End —

To: Multiple recipients of list cac
Date: Fri, 1 Nov 1996 02:39:40 -0500
From: TSTseng@aol.com
Subject: Asian American stuff

Just some more info I dug up. – Tim Tseng

==============================================

[1] KAPATIRAN
Perspectives on Filipino-American Issues

The Winter 1997 Issue of “Kapatiran” will focus on “The Filipino in America:
Finding a Voice.” We will explore the issue of finding a voice as
Filipino-Americans with respect to the political arena, education, and
artistic expression, as well as our experience as a diverse group within a
multicultural society. We are looking for critiques, literary works (prose
and poetry, fiction and non-fiction), commentaries, historical perspectives,
and original articles about this topic. The editors will seriously consider
publishing any scholarly work, news article, essay, announcement, or any
other submitted manuscript deemed relevant to Filipino-American concerns.
Typed submissions up to ten pages double-spaced are acceptable in manuscript
form or on diskette (Word 3.1 and up.)

The deadline for submissions: NOVEMBER 8, 1996.

All submissions should be addressed to:

KAPATIRAN
c/o Harvard Philippine Forum
307 Kirkland Mail Center
Cambridge, MA 02138-7525

Inquiries can be made to the Editors via e-mail or telephone.

Maria Elissa M. Enriquez Paula V. Fernandez
Co-Editor-in-Chief Co-Editor-in-Chief
menriq@fas.harvard.edu pvfernan@fas.harvard.edu
(617) 493-2489 (617) 493-6289

Our Mission:
“To provide a magazine dedicated to voicing the concerns of the
Filipino-American community with regard to our unique heritage and
background, political and social issues relevant to us as a community, and
issues of general interest; expressed through critiques, commentaries,
historical perspectives, and original articles, which serve to arm our
audience with knowledge and a spirit of activism by providing a forum for
discussion of diverse perspectives.”

=========================================

[2] the following comes from the resource section in the forthcoming Asian
American Baptist Caucus newsletter:

New book!
People on the Way: Asian North Americans Discovering Christ, Culture, and
Community (Valley Forge: Judson Press, 1996)
Edited by David Ng.

This valuable resource shares the experiences of Asian North American
Christians as they claim their identity and are shaped by their rich Asian
religious and cultural heritage. Contributions to the book are North
Americans whose national heritages represent East Asian cultures: Chinese,
Japanese, and Korean.
These writers are inheritors of religious and cultural perspectives
reflecting Shamanism, native spiritual practices, Confucianism, Taoism,
Buddhism, and Shintoism, among others. These religious perspectives are
brought into dialogue with the Christian faith in the belief that the church
today, including its Asian North American congregations, can benefit from a
dialogue between culture and faith. [Judson Press, Paper 336 pages $17.00,
Call 1-800-458-3766 to order your copy]

xxxxxxx

Other Resources…

* The first issue of the Journal of Asian and Asian American Theology was
published this past Spring. Articles by Benon Silva-Netto, the late Jung
Young Lee, Sang Hyun Lee, and our own Paul Nagano are featured in this issue.
Write to the Center for Pacific and Asian American Ministries (CPAAM),
Claremont School of Theology, 1325 N. College Ave., Claremont, CA 91711 (909)
621-7707; FAX (909) 626-1208.

* Promise, a Korean American evangelical magazine is available at 616 S.
Westmoreland Avenue, Los Angeles, Ca., 90005 (213) 382-2824; Fax (213)
382-7402; Email: Tyrannus@aol.com. Subscriptions is $25/year for 6 issues.

* Beyond the Crucible: Responses to Anti-Asian Hatred, a compilation of
articles by the Ecumenical Working Group of Asian Pacific Americans and
Canadians is available from Rev. Perla Belo, Director of Asian Ministries,
ABC, USA. Call (800) ABC-3USA x2468.

* To be better informed of issues within the Asian American community
(particularly on the West Coast), consider subscribing to AsianWeek.
Subscription rates are $29/year. AsianWeek can be reached at: 809
Sacramento Street, San Francisco, CA. 94108, (415) 397-0220; FAX (415)
397-7258; Email: awsf@aol.com; Website: http://www.asianweek.com.

* Interested in public policy issues (especially in light of the current
elections and public debates over immigration and affirmative action)? Check
out the following:

– Bill Ong Hing & Ronald Lee, eds., Reframing the Immigration Debate: A
Public Policy Report (Los Angeles: Leadership Education For Asian Pacifics,
Inc., 1996). Order from LEAP, 327 East Second Street, Suite 226, Los
Angeles, Ca. 90012-4210; (213) 485-1422; FAX (213) 485-0050; Email:
leap90012@aol.com. n.b. LEAP also published a study on affirmative action
and Asian Americans.

– Poverty and Race (newsletter $25/year) published by the Poverty and Race
Research Action Council, 1711 Connecticut Ave. N.W., Suite 207, Washington,
D.C. 20009; (202) 387-9887; FAX (202) 387-0764; Email: prrac@aol.com.

— End —

To: Multiple recipients of list cac
Date: Fri, 1 Nov 1996 02:39:25 -0500
From: TSTseng@aol.com
Subject: Politicization of US Citizenship

Dear CACers:

More public policy feed for your fodders! – Tim Tseng
=================================================
Subj: AAASCommunity: AAASPosts: OCA Denounces the Use of US Citizenship As
An Election
Date: Thu, Oct 31, 1996 11:50* EDT
From: oca@ari.net
To: owner-aaascommunity@uclink4.berkeley.edu

PRESS RELEASE

For Immediate Release: October 31, 1996
For Additional Information: Vicki Shu, 202-223-5500

OCA DENOUCES THE USE OF U.S. CITIZENSHIP AS AN ELECTION ISSUE

Washington, DC – The Organization of Chinese Americans (OCA) today expressed
outrage over recent allegations that the Immigration and Naturalization
Service (INS) has been improperly granting U.S. citizenship to criminal
immigrants in order to register new citizens to vote.

OCA, a national, non-partisan, civil rights organization, is extremely
concerned that these allegations will severely hinder national efforts to
encourage citizenship and voter registration among the Asian Pacific American
(APA) community. Immigration from the Asian and Pacific Islander countries
have accounted for nearly 40% of all immigration in the past 20 years. Of
the 9.76 million APAs living in the United States, approximately 3-4 million
are U.S. citizens, of which about 1.3 million are registered to vote.
Approximately 42% of APA voters are foreign born.

In addition, OCA is concerned that statements made by elected officials
proclaiming massive voter fraud will portray all newly naturalized citizens
as criminals. A further concern is that all voters who happen to look and
sound foreign will be suspected by the general public of past criminal
activity.

Christine Chen, Coordinator of the National Asian Pacific American Voter
Registration Campaign, stated, “For many Asian immigrants, becoming U.S.
citizens and registering to vote is equivalent to political activism,
something that is discouraged in many Asian countries. These recent
allegations will only reinforce the fears of many Asian immigrants that they
should not become politically active, even if it is their Constitutional
right”

Vicki Shu, Legislative Coordinator for OCA stated, “These accusations by
elected officials are extremely irresponsible and again play upon unnecessary
fears that the U.S. is being inundated with dubious immigrants. Over the
past few years, immigrants have become the favorite scapegoat of and have
come under scrutiny of the public, as well as of politicians. No matter
what, immigrants just can’t seem to win. In the midst of anti-immigrant
sentiment, record numbers of immigrants have become citizens and have
registered to vote. Now that they are citizens and registered voters, they
will be perceived as possible criminals. Immigrant bashing has no place in
American society, especially in an election year.

Organization of Chinese Americans
1001 Connecticut Avenue, N.W. Suite #707
Washington, D.C. 20036

Tel:(202)223-5500
Fax:(202)296-0540
Voice Mail:(202)223-5523

E-Mail: oca@ari.net
World Wide Web: http://www2.ari.net/oca
================================================================
* AAASCommunity, the Discussion & News list of the
* Email Network of the Association for Asian American Studies
—————————————————————
* Coordinator:
================================================================

— End —

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