NY court rules for cuts in immigrants' benefits

May 15, 2009

Thousands of impoverished elderly, disabled or blind legal residents of New York State, including refugees, will be limited to $352 a month in public aid -- about half of what lower courts have said they should get -- under a decision by the Court of Appeals, the state's highest court.

The 5-to-2 decision, rendered on Tuesday, overturned the rulings of two lower courts, which had held that under the state and federal Constitutions, such legal residents could not be denied a higher level of benefits simply because they were not citizens. On narrower grounds, the high court held that the state had no duty to fill in for a federal program that had stopped benefits to most disabled legal immigrants in 1996.

Lawyers who brought the class-action lawsuit in 2004 called the decision ''devastating,'' and the state's new chief judge, Jonathan Lippman, joined in a vigorous dissent. But Michael Hayes, a spokesman for the state's Office of Temporary and Disability Assistance, said the state welcomed the decision, and he estimated that it would save the state and local governments from having to add $100 million to $270 million to an annual aid budget of $1 billion. Mr. Hayes estimated that 9,500 to 37,000 people were affected.

The New York Times

This entry is in the following archive(s): New York | US

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	NY court rules for cuts in immigrants' benefits May 15, 2009 Thousands of impoverished elderly, disabled or blind legal residents of New York State, including refugees, will be limited to $352 a month in public aid -- about half of what lower courts have said they should get -- under a decision by the Court of Appeals, the state's highest court. The 5-to-2 decision, rendered on Tuesday, overturned the rulings of two lower courts, which had held that under the state and federal Constitutions, such legal residents could not be denied a higher level of benefits simply because they were not citizens. On narrower grounds, the high court held that the state had no duty to fill in for a federal program that had stopped benefits to most disabled legal immigrants in 1996. Lawyers who brought the class-action lawsuit in 2004 called the decision ''devastating,'' and the state's new chief judge, Jonathan Lippman, joined in a vigorous dissent. But Michael Hayes, a spokesman for the state's Office of Temporary and Disability Assistance, said the state welcomed the decision, and he estimated that it would save the state and local governments from having to add $100 million to $270 million to an annual aid budget of $1 billion. Mr. Hayes estimated that 9,500 to 37,000 people were affected. The New York Times This entry is in the following archive(s): New York \| US More Immigration Stories From New York NY activist reaches out to gay Latinos May 18, 2009 Wilson Montoya's mother waited for the day he would get married. Montoya lived in fear that he would be forced to do just that. As a gay man living in his native Colombia, Montoya felt the threat of homophobia daily.... Continue Reading NY court rules for cuts in immigrants' benefits May 15, 2009 Thousands of impoverished elderly, disabled or blind legal residents of New York State, including refugees, will be limited to $352 a month in public aid -- about half of what lower courts have said they should get -- under a... Continue Reading NY woman charged with scamming foreigners May 15, 2009 State Attorney General Andrew Cuomo filed a civil suit yesterday against a Jackson Heights woman, claiming she defrauded more than a dozen immigrants on Long Island and in New York City of $82,500 by falsely claiming she could get them... Continue Reading NY traffic stop nabs illegal aliens May 07, 2009 A traffic stop on Interstate 81 in Cortlandville on Saturday has led to the arrest of nine Mexican men suspected of being illegal aliens. Pedro A. Garcia Figueroa, 21; Jose L. Corral, 34; Juan D. Garibay Jauregui, 41; Pedro Vargas,... Continue Reading NY senator exerts influence on Cuban policy May 05, 2009 When the Obama administration moved to ease restrictions on traveling to Cuba or sending money to family members there, Sen. Robert Menendez was quick to say "not so fast." But with some Democrats favoring a more cautious approach to an... Continue Reading More Immigration Stories From US Proposed bill would rescind many aspects of REAL ID May 18, 2009 After four years of effort, federal and state officials believe they are finally closing in on new legislation to replace a controversial 2005 law that set national standards for driver's licenses and identification cards. Sen. Daniel Akaka, D-Hawaii, is expected... Continue Reading Border Czar: Swine flu contingency plan was ready May 18, 2009 The idea of closing the border with Mexico was raised as one possible defense against the spread of the swine flu, but rejected. Alan Bersin, the Obama administration's 'border czar,' more formally known as assistant secretary for International Affairs and... Continue Reading First Lady reaches out to poor, immigrants May 18, 2009 Washington, DC -- For years, the divide between the White House and the impoverished black and immigrant neighborhoods in the nation's capital has often seemed insurmountable. But in recent months, Michelle Obama has become something of a human bridge between... Continue Reading Construction to begin on ND Border Patrol station May 18, 2009 Officials hope to start construction in June on a new Border Patrol station on 10 acres near this city's airport. The station will replace a smaller one in the Grand Forks city limits and will enable agents to respond more... Continue Reading Census data reveals trends in Latino, Asian population May 18, 2009 Latino and Asian growth in the Inland Empire and other outlying areas is slowing while such traditional gateways as Los Angeles are experiencing a 'mini-rebound' in their minority population, according to new U.S. Census Bureau data. Los Angeles County, for... Continue Reading
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