CALUMET COUNTY



CALUMET COUNTY

DEPARTMENT OF HUMAN SERVICES

Courthouse, 206 Court Street, Chilton, WI 53014

Todd M. Romenesko, Director

|Aging & Disability Resource Center |Human Services |Child Support |

|Phone: (920) 849-1451 |Phone: (920) 849-1400 |Phone: (920) 849-1454 |

|Fax: (920) 849 -1484 |Fax: (920) 849-1468 |Fax: (920) 849-1484 |

From Appleton: (920) 989-2700

Crisis Line: (920) 849-9317; (920) 832-4646

Email: HumanSvc@co.calumet.wi.us Website: co.calumet.wi.us

UNDOCUMENTED PERSONS POLICY

It is the policy of Calumet County Department of Human Services to provide meaningful access to all residents of Calumet County, regardless of race, creed, color, or national origin. The State Department of Health and Family Services states that, an alien, even an illegal alien can establish residency in Wisconsin if they live in a place of fixed habitation and intend to stay. Wisconsin Statutes do not require that a resident be a U.S. citizen. If the person meets the definition of resident in Wisconsin, Calumet County has a responsibility to provide needed services to them. These residents will have the same opportunity to access most department services, such as mental health, child protection, adult protective services, etc. Department staff shall not report suspected illegal aliens to the INS on the basis of race, color, or national origin.

Aging & Long Term Support Division

Medicaid regulations preclude us from putting a person on a waiver program unless Medicaid guidelines on documentation are met. Otherwise we can use Community Options Program, Family Caregiver Support, Elder Abuse, Community aids, Birth to Three and Aging and Disability Resource Center funds to meet service needs of functionally and financially eligible individuals living in the county.

Protective services are provided to anyone within the boundaries of the county, regardless of citizenship status, that are unable to maintain their care and custody and are a danger to self or others.

Child Support / Economic Support Division

Medical Assistance (including Badger Care and Family Planning Waiver):

• Non-qualified aliens are only eligible for Emergency Medical Assistance or BadgerCare Prenatal Assistance.

• Citizens and qualified aliens must document both their status and identity unless they are exempt because they have already provided documentation of their citizenship or are not included in the new law. Individuals who are exempt include:

- Anyone receiving Supplemental Security Income Medicaid

- Anyone enrolled in Medicare

- Anyone applying for or receiving BadgerCare Prenatal Program benefits.

• Individuals applying for Medicaid, Family Planning Waiver, or Well Woman Medicaid through the Presumptive Eligibility (PE) process do not have to provide citizenship documentation with the PE application. However, once the PE period ends and these individuals apply at their local agency, they may be subject to the requirements at that time.

• Many Senior Care program applicants and recipients will be exempt from the new provision since many of them are Medicare recipients also.

Food Share:

• Self-proclaimed citizens do not need to verify their citizenship unless it is determined to be questionable by the Economic Support Specialist.

• Qualified aliens must verify their status.

• Undocumented aliens or illegal aliens are not eligible for Food Share but other members of their household that are citizens or qualified aliens may be determined eligible. The undocumented alien’s or illegal alien’s income will be deemed to the other members of the household.

• The primary person would need to provide identification verification.

W-2 (Wisconsin Works):

• Applicant or participant must be a citizen or qualified alien and must verify such status

• Non-qualified aliens are not eligible for W-2

• No requirement to verify identification.

Emergency Assistance:

• Qualified aliens must document their status

Childcare:

• No longer a requirement that the parent be a citizen or qualified alien

• The child that receives the childcare benefit is required to be either a citizen or qualified alien.

• No requirement to verify citizenship or identification.

LIHEAP (Energy Assistance):

• Non-qualified aliens are not eligible

• Although non-qualified aliens cannot be primary person and cannot be included in the assistance group, staff should encourage another family member of the household that is either a citizen or qualified alien to apply, including minor dependent children.

• Alien status is verified with INS document. Citizenship is not verified.

• Identification of primary person is verified with picture ID.

• If case is known to CARES, data may be matched with CARES data.

Emergency Assistance:

• All members of the household must be citizens or qualified aliens.

• No requirement to verify citizenship

• Qualified aliens must document their status

• No requirement to verify identity.

Refugee Cash Assistance and Refugee Medicaid

• Program is for individuals whose alien status is “refugee.” This refugee status and identity must be verified using INS forms (which have a picture) and the online SAVE system.

Child Support Services

• Customer does not need to verify citizenship but does need to provide documentation of identity.

Child Welfare and Family Services

The Child Welfare Unit serves all referrals regarding abuse and neglect of children in Calumet County. The Family Services Unit is required to provide services regardless of citizenship/alien status. However, the status of the client may affect how services are funded. For example, if a client is ineligible for MA or IV-E funding due to alien status, the services would need to be funded by county tax levy.

Mental Health / AODA Services

The Clinical Unit and Comprehensive Community Services Unit serve those who are indigent or underinsured whether they are documented or not.

Questions and Answers

Q: What is an undocumented alien?

A: The term undocumented alien is a federal term used to designate someone who is not a citizen and does not have any other form of “papers” allowing them to live in the United States. We will refer to these people as undocumented persons since it creates less confusion and is less offensive.

Q: What is documentation?

A: Documented persons are individuals who have a Legal Permanent Residency (LPR) card. This card allows a non-citizen to live in the United States for as long as they choose and entitles them to certain benefits. The holder of the LPR card may choose to apply for citizenship or not. The LPR card is often referred to as a “green” card, but in fact it is salmon or pink in color.

Q: What are the requirements one must meet to be documented?

A: To qualify for an LPR card, a person must be closely related to someone else who has an LPR card or who is an adult citizen of the United States. A person may qualify by having certain job skills, but according to the Catholic Diocesan Offices most of the people we come in contact with will not qualify in this manner.

Q: What are the procedures that one must follow to become documented?

A: The application process is long and fairly complicated. The process takes four to five years normally. Staff in the Green Bay Diocesan Offices are trained to assist people in the application process and will advocate for them. The toll free number is 1-877-500-3580.

Q: I can understand why we must provide protective services to people, but isn’t it unfair to serve undocumented persons along with citizens when we have limited funds?

A: Actually being undocumented does not mean the person does not pay taxes. Even undocumented employees pay taxes, which go into the system to support public services. They are also paying property taxes through their rent. Their families are the same as citizens from the standpoint that the majority are employed and paying taxes and the minority are not.

Q: Doesn’t the Immigration and Naturalization Service (INS) have the responsibility to stop people who are undocumented from coming into this country. Shouldn’t we report these people to INS?

A: The INS has no expectations that agencies report undocumented people. There is no legal responsibility to report. Other counties report they have had infrequent contact with the INS and have found them to not be very responsive. Most of the examples cited were of teenage minors who were here without parents and needed to be returned to parental supervision. In this case, we recommend we use the Green Bay Diocesan offices at 1-877-500-3580. No other counties report that they get INS involved except in unusual situations. We have been unable to find a clearly stated policy from the INS on how to handle undocumented clients.

Q: Do the Interstate compact people in Madison have agreements with Mexico or other Latin American countries?

A: Neither the Interstate compact for Mental Health nor the compact for the placement of children includes Mexico or other Latin American countries. The state staff that work with the placement of children report they are trying to negotiate a compact with territories of the United States and that has been very difficult. They are not aware of any effort to develop a compact with other countries. On occasion the state has needed to return a child to their native country and they have used the International Social Services Agency based out of New York. A state staff person stated “they are very expensive.” If we experience such a situation, it was suggested we call the State Interstate Compact staff at 608-267-2075 and they will assist us either directly or with information about the International agency.

Q: What if an undocumented person has an emergency or crisis and/or wants to return to their native country?

A: There are resources available for emergencies and crisis. First, the same requirements we have to serve residents in emergencies are available to undocumented persons (e.g. mental health, child protection, adult protective, etc.)

1. The Social Security Administration also has an “emergency fund” for “dire needs” of undocumented people. The definition of “dire need” is up to the discretion of the local SSA office on a case-by-case basis. The national help line indicated the “dire need” definition does not include medical care but is intended for such things as housing and food.

2. For people who need to or want to return to Mexico, the Mexican Consultant with the Consumer Agent Protection Department in Chicago, IL may be able to help. The phone number is (312) 855-1380 or (312) 855-0066.

3. The Diocesan office may also be able to help in emergencies. Kathleen Amparo-Baudhuin is the staff person who specializes in assisting Spanish speaking persons. Her phone number is 1-877-500-3580, ext 8247. The Diocese has other staff that specialize in other languages.

4. For medical emergencies, the person may qualify for Medicaid. Contact Economic Support.

5. Other options for medical emergencies may be the emergency rooms of hospitals and / or the Fox Cities Community Health Center.

Q: What if we need to bury someone who is undocumented?

A: Contact Economic Support. The Income Maintenance Manual, Chapter VIII, Other Programs, Part A, Funeral and Cemetery Reimbursement Section 1.0.0, Coverage clarifies what services are available should this happen.

Q: Do other counties have policies / procedures / guidelines on how to deal with undocumented aliens?

A: No. We have surveyed most of the counties in the state and found that none of them have put any guidance for their staff in writing. We will share this information with other counties.

Q: Is there other information I should know about undocumented persons?

A: Yes, there are a number of twists and turns which complicate the issue. First, children who are born in the United States are citizens whether their parents are citizens or not or whether their parents have an LPR card or not. The children are, therefore, eligible to all rights as a citizen in their own right. Further, the federal government warns us that we may not engage in any practice which would cause the parents to not access benefits for their eligible children. There has been a fair amount of confusion recently about the status of children who were born in the U.S. in the 60's and 70's to migrant parents. These children returned to Mexico, were raised in the Mexican culture and language but are now returning to the U.S. They are citizens by virtue of their birth and should have a birth certificate and/or social security number. Some agencies when coming in contact with a Mexican person who doesn’t speak English but presents a birth certificate are incorrectly assuming the birth certificate is false.

Q: Many of the undocumented people I come in contact with have many barriers, how do I get services for them?

A: This is new territory for all of us. It will require some experimentation and sharing of what we learn with others. I suggest as you find services you share that information with your division manager who will share it with the other managers.

Most local agencies will serve undocumented persons. The most significant restrictions appear to be on federally funded programs.

The Diocesan Office in Green Bay may be of assistance. St. Gabriel Catholic Church in Neenah has become a community providing services to the Spanish speaking community.

Last Update: 6/2007

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