Meng Calls for Undocumented New Yorkers Impacted by Ida to be Eligible for Federal Disaster Assistance
September 28, 2021
Congresswoman leads letter to head of FEMA; requests relief to be allowed for all regardless of immigration status
QUEENS, NY – U.S. Rep. Grace Meng (D-Queens) today called for federal disaster relief to be accessible to undocumented New Yorkers who have been devastated by the remnants of Hurricane Ida.
In a letter Meng led to the head of the Federal Emergency Management Agency (FEMA), the Congresswoman asked Administrator Deanna Criswell to use the agency's legal authority to expand the immigrant eligibility requirements for disaster relief assistance, so that all who have been impacted by the storm can seek help regardless of immigration status.
Meng's correspondence follows Governor Hochul's announcement yesterday to make $27 million available for undocumented New Yorkers affected by Ida. Meng, who joined the Governor for the announcementat the Queens Museum, said in her remarks during the event that she would be sending her letter to FEMA this week, noting that states should not be left to pick up the tab for a federal disaster relief program.
"The destruction that Ida caused throughout our region has been devastating," said Meng. "Queens, and my district in particular, which includes many immigrant communities, was among the hardest hit spots, and lives have been turned upside down. Our government must be there to support those who desperately need help, and that includes EVERYBODY who requires relief. With so many people distraught and shattered by the damage from the storm, it is more important than ever for our immigrant communities to not be left behind or forgotten about. Ensuring relief for those who are ineligible is the right, decent and compassionate thing to do. I commend Governor Hochul for making aid available from New York funds; but as I said, states should not be left to pick up the tab for a federal disaster relief program."
A copy of the letter can be viewed here and the text of the correspondence is below.
Other lawmakers who signed the letter include New York Senator Kristen Gillibrand and New York Reps. Adriano Espaillat, Alexandria Ocasio-Cortez, Jamaal Bowman, Mondaire Jones, Ritchie Torres, Nydia Velázquez and Carolyn Maloney.
------------------------------------------
The Honorable Deanna Criswell
Administrator
Federal Emergency Management Agency
500 C St. SW
Washington, D.C. 20024
Dear Administrator Criswell:
Thank you for leading FEMA's efforts in response to the effects of Tropical Depression Ida in New York and across the country. While the disaster relief programs under your Agency are crucial to helping New Yorkers rebuild their lives, unfortunately, non-qualifying immigrants are unable to participate. We believe you must correct this problem by amending eligibility for disaster relief assistance to include all regardless of immigration status.
New York is home to more than 800,000 undocumented immigrants and 25,000 temporary protected status holders, many of whom were severely impacted by the remnants of Tropical Depression Ida. As you know, the storm's impact was severe: 17 individuals were tragically taken away and the preliminary damage assessments by the Governor's office estimated that the storm caused more than $50 million of property damage to 1,200 impacted homes. As New York rebuilds, it is crucial that this effort includes all who are impacted by Ida regardless of immigration status.
Those who lack such identification do not have access to FEMA's disaster relief, and there are few resources for disaster victims outside of FEMA assistance. The Individuals and Households Assistance Program was designed to meet individuals' and households' basic needs, particularly those that have uninsured or underinsured necessary expenses. This will be the central challenge as many non-qualifying immigrants search for new shelter, recover and restore their belongings, and seek medical care. We strongly believe FEMA should ensure relief is accessible regardless of immigration status.
FEMA cites Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, also referred to as the Welfare Reform Act, for its immigrant eligibility standards for receiving federal public benefits. However, there is precedent for agencies independently determining whether their relief programs constitute a federal public benefit. For example, in the case of Herrera v Metropolitan Life Insurance Company et.al., a federal district court held that proceeds from a Federal Employee Group Life Insurance policy did not constitute a federal public benefit, thus allowing a nonqualified alien beneficiary to receive the proceeds. Given the court's interpretation that the Welfare Reform Act was intended to restrict eligibility only for welfare benefits available to the public at large, we believe FEMA has the authority to interpret the law in a manner that allows disaster relief to be available regardless of immigration status.
We look forward to working with you to achieve this change to FEMA policy. Thank you for your attention to this matter.
Sincerely,