A clause in the $2 trillion federal stimulus package signed by President Donald Trump on March 27, called the CARES Act, prevents an estimated 11.3 million people living in the country unlawfully \u2013 including families of mixed-citizenship status, like the Silva\u2019s \u2013 from receiving payments meant to help families weather the economic storm spurred by the coronavirus crisis.<\/p>\n
\u201cMy husband has paid taxes the entire time that he\u2019s been here,\u201d Silva said. \u201cSo on one level, it\u2019s unjust that he would be left out of the public funds. But it\u2019s a whole other ballpark that me and my two sons, who are all citizens, aren\u2019t included in the stimulus.\u201d<\/p>\n
Congress is drafting another stimulus package, and Democratic lawmakers and advocacy organizations are pushing for people living in the U.S. illegally, as well as their families, to be included in future coronavirus-related financial assistance. That\u2019s likely an uphill battle with Trump in the White House and Republicans in control of the U.S. Senate.<\/p>\n
Colorado lawmakers are weighing whether to step in and provide state assistance like California, which announced a $125 million public-private state fund<\/a> in mid April to provide cash assistance to people who are ineligible for unemployment insurance and other public benefits. But given Colorado\u2019s tight budget and a long list of legislative agenda items that require attention when the session reconvenes on May 18, it\u2019s unclear if it will be prioritized.<\/p>\n House Speaker KC Becker on Thursday said legislators are evaluating a variety of ways to provide support to people living in the U.S. illegally and their families who have been impacted by the coronavirus crisis, including California\u2019s route of creating a state fund.<\/p>\n \u201cThat\u2019s definitely a proposal folks have been looking into,\u201d said Becker, a Boulder Democrat. \u201cAnd I think we\u2019re asking members to really vet these ideas and, sorta, work through all the processes before any late bills are starting to get drafted. But it\u2019s definitely something under consideration.\u201d<\/p>\n In Colorado, there are approximately 162,000 people who live and work in the state that are living illegally in the U.S., making up about 13% of the state\u2019s workforce, according to the Colorado Fiscal Institute.<\/p>\n \u201cI think across communities, we\u2019ve seen that COVID-19 and the current economic crisis is just exacerbating the racial and economic injustices that have already existed,\u201d said Raquel Lane-Arellano, policy manager for the Colorado Immigrant Rights Coalition, an advocacy organization. \u201cAnd you see that with how our federal government is responding punitively to people and immigrants who are supporting our economy and our families right now.\u201d<\/p>\n Silva\u2019s husband came to Colorado from Mexico nearly 20 years ago on a humanitarian visa to care for his brother who was hit by a drunken driver while riding his bicycle. When he was offered a chef position in Puerto Vallarta, he returned to Mexico for a few months before coming back to Denver.<\/p>\n \u201cSince he left and came back, our immigration lawyers say he\u2019s now not eligible for citizenship, even though we are married,\u201d Silva said. \u201c\u2026I know we are not the only people in this position, there are a myriad of reasons of why someone who\u2019s undocumented, even if they\u2019re married to an American, can\u2019t get a green card,\u201d Silva said.<\/p>\n If it wasn\u2019t for the provision in the CARES Act, Silva and her husband would have received $2,400 as a couple, and $500 for each of their kids. But since Silva\u2019s husband uses an Individual Tax Identification Number instead of a Social Security number when the couple files their taxes jointly, the whole family was left out of the stimulus package. Approximately 1.2 million people living in the U.S. illegally are married to an American citizen<\/a>, according to the Washington-based Migration Policy Institute.<\/p>\n According to the Institute on Taxation and Economic Policy, there are 4.35 million ITIN filers in the country, 89,500 of whom live in Colorado. Additionally, there are about 70,000 children with ITINs in the state, according to the nonprofit Colorado Fiscal Institute.<\/p>\n For Silva, it\u2019s less about the money as it is the principle. She said her family has been fortunate to not feel the financial pinch as much as others.<\/p>\n \u201cIt just feels like such a slap in the face,\u201d she said, adding that she\u2019s spent many hours researching how to apply for the federal Paycheck Protection Program so that her husband\u2019s restaurant employees would have support during the coronavirus crisis.<\/p>\n \u201cAnd in the meantime, there\u2019s no support coming for us,\u201d Silva said. \u201cAnd when everyone else in America is receiving a check, regardless of whether or not they need it, it just really, really hurts that our federal government would penalize our family because of who we love.\u201d<\/p>\n Last week, the Mexican American Legal Defense and Educational Fund, a national civil rights advocacy group, announced it\u2019s suing the Trump administration<\/a> on behalf of the U.S. citizens denied stimulus money because they are married to immigrants who are living in the U.S. illegally.<\/p>\n On April 15, California announced an unprecedented $125 million disaster relief fund for people living illegally in the state that are ineligible for unemployment insurance benefits and were left out of the federal relief funds due to their citizenship status. The fund includes $75 million in state contributions and $50 million from private donors.<\/p>\n To avoid a federal law that requires state governments to verify the lawful status of applicants before they receive public benefits such as unemployment or food assistance, California is distributing the funds through local nonprofit organizations that don\u2019t have the same reporting requirements. The nonprofit Center for American Liberty, a conservative group, is suing California Gov. Gavin Newsom over the legality of the fund.<\/p>\n \u201cSo, California is under the same requirements as Colorado,\u201d said Allison Neswood, an attorney who specializes in health care issues and public benefits for the Colorado Center on Law and Policy. \u201cBut in California, there\u2019s a lot more political will when it comes to making sure everybody\u2019s needs are met, regardless of their immigration status.\u201d<\/p>\n On April 20, more than 100 Democratic members of Congress \u2013 including Colorado\u2019s U.S. Rep. Jason Crow and Sen. Michael Bennet \u2013 sent a letter urging party leaders to extend cash assistance under the CARES Act to people living illegally in the U.S., and their families, and to include them in future coronavirus-related assistance.<\/p>\n \u201cA response that leaves out immigrants \u2013 many of whom are on the front lines in our fight against COVID-19 \u2013 will be ineffective and detrimental to our efforts to stop this pandemic,\u201d the letter said. \u201cAs the COVID-19 outbreak is challenging our already strained medical system, we must keep in mind that immigrants make up a disproportionate share of nurses, home health aides, and health care facility workers.\u201d<\/p>\n The letter estimated that 5.1 million children who are American citizens have been left out of the stimulus package because a parent used an ITIN number to file taxes. It also said nearly 1.7 million immigrants work in the health care industry, as well as an additional 41,700 people who were brought to the U.S. as children and are protected from deportation under the Deferred Action for Childhood Arrivals. Immigrants \u2013 who typically face additional obstacles such as low incomes and lack of health insurance \u2013 also fill essential roles as farm and grocery store workers, the letter said.<\/p>\n Lane-Arellano, with the Colorado Center on Law and Policy, said that since the federal government hasn\u2019t provided assistance to many immigrants impacted by the coronavirus crisis, nonprofits have stepped up to fill the void. She said a handful of relief funds have sprouted across Colorado, including the Undocumented Workers Fund organized by the nonprofit Impact Charitable<\/a>. But she said ultimately, the government should step in and provide additional financial support.<\/p>\n Lane-Arellano said that even before the coronavirus crisis, there was fear among immigrant communities when it came to accessing public benefits.<\/p>\n \u201cIt all boils down to immigration and their status,\u201d she said. \u201cPeople are afraid because they worry that if they access public benefits right now, it will come back as a public charge later if they try to go through the naturalization process.\u201d<\/p>\n Lane-Arellano said there\u2019s also a fear that information gathered by nonprofits or by agencies trying to offer financial support will make its way back to the U.S. Immigration and Customs Enforcement.<\/p>\n In the meantime, the Colorado Immigrant Rights Coalition has focused on pressuring Congress, especially senators. \u201cWe\u2019ve seen so far that the House on the federal side is supportive more broadly for the inclusion of immigrants,\u201d Lane-Arellano said. \u201cAnd that support has yet to be seen in the Senate.\u201d<\/p>\n