(Stop) Leaving Immigrant Workers Out

By Cristina Godinez • October 13, 2020

(Last of two parts)

As the Covid-19 pandemic continues to ravage America, essential workers valiantly carry on, surely buoyed by the public recognition of their heroism, but sorely weakened by our collective failure to support or protect them where it matters most.

Immigrant workers comprise about 17 percent of America’s total workforce, but represent 69 percent of occupations designated by the federal government as “essential.” They are the meatpackers at the Smithfield meat processing plant working shoulder-to-shoulder without protective gear. They are the farmworkers in California who are mostly undocumented, paid meager hourly wages and living in crowded housing. They are the city sanitation workers of Chicago picking up 50 percent more garbage now, without protection. They are the doctors and nurses in New Jersey who are pressured to return to work despite being infected with Covid-19 while at the front lines.

When Covid-19 struck, immigrant workers were hit first and hit hard, not only because of the “essential” nature of their occupation, but because of their status as non-citizens.

A provision in the law, however, prohibited the payment of the $1,200 stimulus check to persons who filed tax returns using the Individual Tax Identification Number (ITIN). The IRS-issued ITIN is often used by undocumented persons to file their tax returns and pay taxes. This prohibition hurt many mixed status families – those with at least one family member who had no legal immigration status. According to the Migration Policy Institute, 15.4 million people (undocumented immigrants, green card holders and U.S. citizens) were excluded from the CARES Act economic assistance because of this provision.

Clearly, this is not fair. It is also self-defeating. People who were excluded from this much-needed economic lifeline now do not have any incentive to comply with public health mandates needed to curb the spread of Covid-19. Without the stimulus check and unemployment assistance, immigrant workers have nothing to support themselves and their families – and every reason to go out, take risks to make a living, viral footprint be damned.
Many immigrant workers contracted and unfortunately succumbed to Covid-19 because they have no access to testing and preventive care.

With current efforts to weaken the Affordable Care Act (Obamacare), more immigrant families are finding it hard to enroll and get health insurance coverage. Those who had employer-sponsored health insurance, on the other hand, lost their coverage when they lost their jobs. The implementation of the public charge rule, which makes it more difficult for persons with low income from seeking admission to the U.S. or from applying for a green card, have created a chilling effect that resulted in a reluctance or refusal among immigrant families to obtain medical care.

Boxing out immigrant families from access to medical care during the Covid-19 pandemic is not the way forward. It will only make it harder for all of us to overcome this public health crisis.

Economic and social safety nets cannot be selective. It must cover all U.S. residents, regardless of immigration status.

Cristina A. Godinez
Immigration Attorney

Immigration is a complicated process. Any person who decides to go through it could use the steady hand of an attorney who has undergone the experience and has acquired the technical expertise in a variety of law firm settings.

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