Lawyers Manual - Unified Court System

362 Barbara Weiner
One clear PRUCOL status related to immigrant victims of domestic
violence is a holder of a U visa, made available by Congress to crime victims
cooperating with law enforcement authorities. Because the U visa regulations
have not yet been issued, applicants for the visa are granted Deferred Action if
they make out a credible case that they are victims of a crime, including the
crime of domestic violence, and have been cooperating with the investigation or
prosecution of the crime. Deferred Action is a PRUCOL status, giving the crime
victim access to both the Safety Net and Medicaid programs.
The Benefits Rights of Undocumented Immigrants and
Their Families
Certain benefit programs are available to all immigrants, regardless of their
status. These programs include:
emergency Medicaid
medical assistance for children (CHIP)
Child and Adult Protective Services
Aids Drug Assistance Program (ADAP)
nutritional assistance under WIC
Prenatal Care Assistance Program (PCAP)
emergency shelter, 24 food pantries, and soup kitchens
In addition, immigrants without status have the right to file an application
for benefits on behalf of family members, including their children, who do have
an eligible immigration status or who are US citizens. The Office of Temporary
and Disability Assistance has instructed local districts that if an immigrant
without eligible status files an application for welfare assistance or food stamps
on behalf of US citizen or eligible immigrant household members, the local
district must process the application. 25
Finally, one frequent concern of undocumented immigrants in applying for
benefits, even if they are applying only on behalf of other household members,
is that the agency may report their presence to immigration authorities if they
are unable to provide adequate documentation of legal residence. However, both
OTDA and the US Department of Justice have advised agencies administering
benefit programs that they have no duty to report an applicant for benefits to
immigration authorities absent evidence submitted to the agency by the