12
Individuals and Households Program.
35
Furthermore, many families include individuals with
different immigration statuses, including U.S.-born American citizen children. Parents and
guardians may generally apply for benefits on their children’s behalf even if they themselves are
not eligible.
36
Failing to plan for and serve immigrant communities in emergencies can undermine
response efforts and increase safety risks for both local communities and first responders. For
example, individuals in fear of immigration enforcement operations may not evacuate in a timely
manner or seek humanitarian relief. In emergencies involving a disease outbreak, a fear to come
forward for prevention information and screening, medical assistance, or vaccination may
prolong an epidemic, endangering and compromising the health of others in the community.
Immigrant families may also not realize that they are eligible to receive certain government
benefits and services. Therefore, it is imperative to include immigrant communities in outreach
and engagement efforts to clarify whether eligibility for services or benefits is restricted based on
immigration status.
In the last several years, DHS has acted to address concerns that immigrant populations
could be discouraged from safely evacuating and/or seeking assistance immediately preceding
and during disasters, or could be marginalized in response to health pandemics. In response to
Hurricane Isaac, DHS issued a statement in multiple languages to the public stating that “there
will be no immigration enforcement initiatives associated with evacuations and sheltering, …
including the use of checkpoints for immigration enforcement purposes” in order to promote life-
saving and life-sustaining activities.
37
DHS issued similar statements before Hurricane Sandy
made landfall in the United States in 2012.
38
Similarly, HUD has published questions and
35
8 U.S.C. §§ 1611(a), 1641. See generally 42 U.S.C. § 5174; 44 C.F.R. § 206.113. See also Federal Emergency
Management Agency, Applicant’s Guide to the Individuals & Households Program 4 (July 2008), available at
https://www.fema.gov/pdf/assistance/process/help_after_disaster_english.pdf (last visited Feb. 17, 2016).
36
See, e.g., Department of Health and Human Services and Department of Agriculture, Policy Guidance Regarding
Inquiries into Citizenship, Immigration Status and Social Security Numbers in State Applications for Medicaid, State
Children's Health Insurance Program, Temporary Assistance for Needy Families, and Food Stamp Benefits,
available at
http://www.hhs.gov/ocr/civilrights/resources/specialtopics/origin/triagency.html; Interim Guidance on
Verification of Citizenship, Qualified Alien Status and Eligibility under Title VI of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996, 62 F.R. 61,345, 61,362 Attachment 3 (Nov. 17, 1997) (providing
exemptions from status verification requirements for short-term, non-cash, in-kind emergency disaster relief, and
emergency medical assistance under Title XIX of the Social Security Act not relating to organ transplant
procedures). See also National Disaster Recovery Framework 74, Federal Emergency Management Agency (Sept.
2011).
37
FEMA issued press releases stating that “ICE's top priorities in any emergency are life-saving and life-sustaining
activities, preventing the loss of property to the extent possible, and assisting with a speedy recovery of the affected
region[.]” See ICE-CBP Joint Message Regarding Hurricane Isaac (Aug. 27, 2012), available at
http://www.dhs.gov/publication/ice-cbp-joint-message-regarding-hurricane-isaac (translated and available online in
Spanish, Vietnamese, and Haitian Creole) (last visited Feb. 17, 2016).
38
ICE-CBP Joint Message Regarding Hurricane Sandy (Oct. 26, 2012), available at http://www.dhs.gov/ice-cbp-
joint-message-regarding-hurricane-sandy (translated and available online in Spanish, Simplified Chinese, Haitian
Creole, Korean, and Vietnamese) (last visited Feb. 17, 2016); see also Press Release, Storm Victims Urged To Come
Forward For Emergency Aid Regardless Of Immigration Status, available at
https://beta.fema.gov/news-
release/2004/08/18/storm-victims-urged-come-forward-emergency-aid-regardless-immigration-status (last visited
Feb. 17, 2016).