What A Noncitizen Should Know About the HEROES Act
WHAT IS THE HEROES ACT?
On Friday, May 15th, Congress passed the Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act. This bill directs $3 trillion dollars in stimulus spending and is the latest bill Congress has considered in response to the coronavirus. This bill seeks to relieve some of the devastation caused by the COVID-19 pandemic. It would provide financial assistance, increased medical care, and address other consequences of the outbreak for immigrants and other vulnerable populations in the United States.
The recently enacted CARES Act, failed to address the needs of millions of noncitizens in the United States, which included many people on the front lines helping fight the virus.
In contrast, the HEROES Act, would take a far more inclusive approach.
Here’s what you should know about the treatment of noncitizens under the HEROES Act:
STIMULUS PAYMENTS
Under Current Law
Immigrant and mixed-status families across the U.S. are not eligible for stimulus payment relief. That bill prevented payments to noncitizens without Social Security numbers but file federal income tax returns using Individual Tax Identification Numbers (ITIN numbers). It also prevented payments to people who are themselves eligible—including U.S. citizens—for direct payments but file joint returns with a spouse who uses an ITIN.
Under the HEROES Act
A one-time stimulus payment would be provided to immigrant and mixed-status families numbering in the millions. Noncitizens who pay their taxes using ITINs would be eligible for these payments. This Act would also extend payments to people who file joint returns with spouses who use ITINs.
TESTING AND TREATMENT
Under Current Law
Provides significant increases in funding for Medicaid but failed to expand the eligibility requirements.
Under the HEROES Act
Provides Covid-19 testing and treatment to all individuals regardless of immigration status, by expanding access to non-emergency Medicaid to those who are otherwise barred from participation.
In addition, the HEROES Act would expand access for COVID-19 testing and treatment under Medicaid for Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) recipients, U-visa beneficiaries, and undocumented immigrants.
IMMIGRATION PROVISIONS
Under Current Law
Under current law, there are challenges that immigrants are facing due to USCIS processing disruptions and by the various international travel restrictions implemented by the U.S. and countries around the world in response to Covid-19.
Under the HEROES Act
Nonimmigrant and immigrant applicants who were lawfully present in the U.S. when the Department of Health and Human Services declared COVID-19 a public health emergency would be protected from the negative consequences not meeting filing deadlines or depart the country on time.
The Act would also extend both temporary immigration status and work authorization documents set to expire during the national emergency for a brief period. Any immigrant visas that go unused in FY 2020 would be rolled over for use in subsequent years.
DHS would maintain protections for DACA and TPS recipients for the duration of the period initially granted by the department. This is an important detail given that ongoing litigation could disrupt the lives of the over 1 million people that participate in both initiatives at any moment.
The bill does not contain any additional funding for immigration enforcement. It would provide more funding for DHS. But those funds would be directed to FEMA in order to prevent, prepare for, and respond to COVID-19.
CORONAVIRUS RELIEF MUST PROTECT EVERYONE
Covid-19 has impacted everyone in the United States. It does not discriminate its victims based on race or legal status in this country. The spread of the virus has made it clear that we must do everything possible to keep everyone safe without regard to immigration status.
The current CARES Act prevented millions of noncitizens across the country from access to medical testing and treatment and is a disservice to public health and our economic recovery.
If you want more information about the HEROES Act passed by Congress recently, you can visit: https://www.congress.gov/bill/116th-congress/house-bill/6800/text
