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Exclude undocumented and TPS immigrants from California CAPI eligibility (WIC 18938, MPP 49-020) #10482

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Description

@hua7450

Problem

ca_capi_eligible_person admits every aged, blind or disabled person who is neither a citizen nor an SSI qualified noncitizen (is_ssi_qualified_noncitizen). That includes UNDOCUMENTED and TPS. CAPI is narrower:

  • WIC 18938(a)(1): an individual is eligible "if his or her immigration status meets the eligibility criteria of the Supplemental Security Income/State Supplementary Program for the Aged, Blind, and Disabled (SSI/SSP) in effect on August 21, 1996, but he or she is not eligible for SSI/SSP benefits solely due to his or her immigration status".
  • MPP 49-020.11-.12: a lawfully admitted permanent resident or a person permanently residing under color of law (PRUCOL), or a victim of trafficking, domestic violence or other serious crimes (WIC 18945). MPP 49-005 (page 5) lists the PRUCOL categories, including "A non-citizen in deferred action status".
  • 8 U.S.C. 1254a(f)(1): a person granted temporary protected status is not considered permanently residing under color of law.

So undocumented people and TPS holders are not CAPI-eligible. DACA recipients (deferred action) and permanent residents without 40 qualifying quarters are.

Proposed fix

  • Exclude UNDOCUMENTED and TPS in ca_capi_eligible_person. Keep DACA and the other statuses that pass the 1996 SSI/SSP immigration criteria but fail SSI's current test.
  • Sweep the tests that rely on undocumented or TPS CAPI recipients:
    • SF CAAP (for example Case 15 and the eligible-person cases);
    • Orange County general relief;
    • ca_capi_eligible_person.yaml "Eligible person - undocumented".
  • Pay California CAPI from the SSI/SSP standard per person, with spouse-to-spouse deeming #10379 already uses aged permanent residents with 39 quarters as its CAPI personas, so its cases survive this fix.

Not covered here: sponsor deeming and the basic and extended CAPI entry-date rules (WIC 18938(a)(2)-(3), MPP 49-020.2-.3).

Related

#10379, #10240

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