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Former U.S. Lawful Permanent Residents: Retired Without Benefits

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Former U.S. Lawful Permanent Residents: Retired Without Benefits POLICY BRIEF 04.03.20 Former U.S. Lawful Permanent Residents: Retired Without Benefits Tran N. Dang, J.D., The Rhizome Center for Migrants INTRODUCTION LEGAL IMMIGRANTS: THE PERMANENT MEMBERS OF U.S. SOCIETY Mexico has been the leading country of origin for U.S. lawful permanent residents The Immigration and Nationality Act (INA) (LPRs) each year since 1978.1 LPRs are outlines various paths for obtaining LPR persons the United States has granted status in the United States, including- but the privilege to reside permanently in not limited to- foreign nationals who are the country.2 In 2015, the estimated LPR sponsored by a close family member who is a population in the United States exceeded U.S. citizen or LPR, and foreign nationals who 13 million, of which Mexicans comprised are sponsored by an employer or otherwise 25%.3 Though LPRs pay taxes and have possess certain desirable skills.7 Once they many of the same rights as citizens except obtain LPR status, they are allowed to live that they cannot vote in U.S. federal, and work permanently in the United States, state and most local elections,4 they attend schools and universities, own property, enjoy less security than their U.S.-born and be eligible for Social Security benefits counterparts when it comes to accessing upon retirement or in the event of disability.8 An increasing and maintaining disability, retirement, and LPRs may join the Armed Forces and, if they number of Mexican survivors’ benefits (Social Security). Under meet certain requirements, naturalize, or legal permanent 9 U.S. law, LPRs are entitled to Social Security apply to become U.S. citizens. Except for in residents could lose benefits based on their U.S. earnings but 2013, the United States has admitted more may still experience a total and abrupt than 1 million LPRs annually since 2005.10 access to their U.S. loss of those benefits if later deported.5 An In 2015, the most recent data provided by contributions as a increasing number of Mexican LPRs could the Department of Homeland Security, 9 result of deportation, lose access to their U.S. contributions as million of the estimated 13 million LPRs living forming part of a a result of deportation,6 forming part of a in the United States met statutory eligibility growing number of legal immigrants who requirements to acquire U.S. citizenship.11 Yet growing number of contributed to a Social Security scheme but compared to most immigrant groups in the legal immigrants cannot later benefit from or receive their United States, including immigrants from Iran, who contributed to contribution. To better understand what India, Ecuador, and Vietnam, who have seen Social Security but appears to be a growing phenomenon, this record-high naturalization increases in recent brief explains who LPRs are, the etymology years, Mexicans continue to have one of cannot later benefit behind the exclusionary provisions of the lowest naturalization rates of any origin from or receive their the Social Security Act (SSA), and the group.12 Due to language barriers, cost of contribution. implications of these policies on deported application ($640), and misinformation about LPRs from an ethics and equity perspective. whether Mexicans may hold dual citizenship, less than 50% of Mexican residents eligible RICE UNIVERSITY’S BAKER INSTITUTE FOR PUBLIC POLICY // POLICY BRIEF //04.03.20 to naturalize actually do so.13 Without mandatory government insurance program, citizenship, they, like all other noncitizens immigrants must have worked in the United living in the United States, may be subject to States and contributed to Social Security deportation at any time. for at least the equivalent of 10 years. As Under the current expansive reach of a result of the 1954 change, deported immigration enforcement policies, LPRs are immigrants with acquired benefits and among those targeted for deportation upon, those in the process of acquiring benefits for example, committing certain criminal may not access or maintain those benefits offenses.14 Due to lack of statistics on arrests unless and until they can legally return to of immigrants legally in the United States, it is the United States.20 Section 202(n) applies difficult to know exactly how many LPRs the to foreign nationals deported for illegal entry, United States deports each year or the exact conviction of certain crimes, and subversive reasons for it.15 In 2010, the last attempt to activity.21 Persons deported but unaffected calculate the impact of deportations on the by the exclusionary provisions include those legal immigrant community, the American who become public charges within five years Immigration Council estimated that LPRs of entry, those who fail to maintain their make up 10% of total deportations and nonimmigrant status, and those who, that 68% of those were due to minor and prior to or within five years after entry, nonviolent crimes such as traffic violations, aid other foreign nationals to enter the drug offenses, and tax evasion.16 Recent country illegally.22 reports indicate that current deportation Section 202(n) passed during a period of charges can involve even very old crimes anti-immigrant and anticommunist hysteria in which the person has already repented in the United States. Eager to root out certain and is not a safety risk.17 In addition to their immigrants, the government resorted to displacement from their home and family, repressive and punitive tactics against LPRs face the potential loss of acquired Mexicans and alleged Communists, taking Social Security benefits, the primary source away their civil rights and expelling them of income for U.S. retirees.18 Once lost, from the country.23 Alleged radicals were deported LPRs may not access or maintain jailed, lost their jobs, their work licenses, and their benefits unless and until they can be their immigration status. Through violent readmitted to the United States as an LPR, a union raids and a militaristic campaign titled nearly impossible requirement to meet. Since Operation Wetback, alleged Communists, their absence from Mexico makes it difficult their sympathizers, and over 1.1 million for them to meet eligibility criteria in their Mexican laborers were deported from the home country, deported, aging and disabled country.24 It was in this hostile environment Mexican LPRs are particularly vulnerable to that the 1954 exclusionary provisions social exclusion19 in Mexico, as their U.S. work passed denying these foreign nationals any credits may not be counted toward any other remaining government-funded privileges Social Security system. and entitlements that could still be claimed in Social Security benefits.25 Although the amended provisions SOCIAL EXCLUSIONARY PROVISIONS: aroused very little discussion in Congress ORIGINS AND IMPLICATIONS when passed, litigants later questioned their constitutionality arguing that Social Security In 1954, Congress amended the Social amounted to a type of property that, once Security Act (Amended Act) to deny payment acquired, could not be taken away without to deported foreign nationals who become just compensation.26 The Supreme Court eligible for Social Security based on their disagreed and in 1960, the court upheld U.S. work history. In the United States, Section 202(n), which remains valid law noncitizens can qualify for payment, and today.27 The exclusionary provisions now can, under certain circumstances, receive count among numerous Social Security those payments outside of the United States. amendments enacted over the years to To become eligible for Social Security, a squeeze out eligible foreign nationals and 2 FORMER U.S. LAWFUL PERMANENT RESIDENTS: RETIRED WITHOUT BENEFITS other deported workers deemed unfit by same year that the Social Security Act the government to receive Social Security of 1935 passed, the International Labour protection, regardless of their years of Organization (ILO), the UN agency setting contribution. It is difficult to know the international labor standards, created exact number of foreign workers, and in the right by which workers who resided particular Mexican workers, who have in more than one country during their received Section 202(n) denials since 1954, lives could maintain their social security or their immigration status at the time rights under multiple pension insurance of deportation. In 2015, the SSA recorded schemes.31 The right to social security was savings of $606,240 in withheld funds from later recognized formally in the Universal eligible workers and their dependents or Declaration of Human Rights in 1948 as a survivors based on Section 202(n) denials fundamental right necessary for persons to that year.28 While helpful for giving context, enjoy a dignified life.32 As further espoused recorded yearly savings do not represent in the International Covenant on Economic, the total amount of withheld funds on all Social, and Cultural Rights (ICESCR), the suspended accounts for a particular year,29 “right of everyone to social security, and so the total annual amount withheld including the right to social insurance” from eligible workers and their dependents guarantees the right of every person or survivors for any given year is not known to family protection and assistance, an but is estimated to be at least in the tens of adequate standard of living, and adequate millions, based on known amounts for years access to health care.33 Owing to the 2010, 2012, and 2015. Natural cooperative efforts have interposition of resulted in some economically integrated immigration
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