Tipsheet

Democrat-Led Bill Would Give Immigrants Instant Access to Federal Benefits

Last week, Democrats in the House and Senate introduced legislation that would give immigrants immediate access to many federal benefits instead of making them wait five years.

Legislation passed in 1996 requires that most immigrants to the United States wait five years after obtaining their immigration status before accessing Medicaid, food stamps and other federal benefits programs. Now, Rep. Pramila Jayapal (D-WA), Rep. Tony Cárdenas (D-CA), and Sen. Mazie Hirono (D-HI) are pushing legislation, the Lifting Immigrant Families Through Benefits Access Restoration (or LIFT the BAR) Act, where the “xenophobic” five-year waiting period will no longer apply. 

A press release from Jayapal’s office explained that in 2024, non-elderly immigrants will account for about 8 percent of the population, but will make up 31 percent of the non-elderly uninsured population.

“As an immigrant who came to this country alone at the age of 16, I’m proud to be leading this legislation to finally eliminate cruel, xenophobic, and unreasonable barriers to health care, nutrition assistance, and other life-changing public benefits,” Jayapal said in a statement. “Immigrants and families should not have to wait to access these basic services. The LIFT the BAR Act is an urgent, necessary, and just step towards ensuring we treat immigrants with the respect they deserve.”

In a statement, Hirono said that immigrants “should not have to endure an arbitrary waiting period just to access essential benefits,” adding that “unjust policies have prevented millions of lawfully present immigrants from accessing critical services and programs, including quality health care, food and housing assistance, economic support, and more,” she added.

“Growing up in an immigrant family, I saw firsthand how important access to public benefits was,” Cárdenas said. “Families that are working toward a better life here in America should not have to wait five years to access resources they need to survive and thrive. Our legislation will eliminate the unnecessary waiting period for lifesaving aid and ensure our immigrant communities have the financial stability for a better future.”

According to the Federation for Immigration Reform (FAIR), the bill would not only provide immigrants with immediate access to federal benefits, it would provide benefits to illegal immigrants whose deportations have been deferred, such as DACA recipients and parolees. FAIR noted that the cost of the legislation could “easily reach well into the billions” and is backed by hundreds of “open-border” organizations.

“The five-year waiting period was passed by Congress in 1996 (and signed into law by President Bill Clinton) in support of a long-standing policy that foreign nationals emigrating to the United States should not become a fiscal burden to Americans—including generations of immigrants who have already settled in the U.S,” FAIR noted. “The progressive Democrats sponsoring the LIFT the BAR Act, however, do not see this as reasonable or common-sense public policy.”