SENATE, No. 94

By Mr. McGee, a petition (accompanied by bill, Senate, No. 94) of Thomas M. McGee, Patricia D. Jehlen and Steven A. Tolman for legislation to assure equal treatment for lawful immigrants in Massachusetts. Children and Families

The Commonwealth of Massachusetts

Seal of the Commonwealth of Massachusetts

In the Year Two Thousand and Five.


AN ACT TO ASSURE EQUAL TREATMENT FOR LAWFUL IMMIGRANTS IN MASSACHUSETTS

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1.

The general court recognizes the important contribution immigrants have made and are continuing to make to the economic well-being of the Commonwealth.  The general court further recognizes that the ability to pay for food and shelter is critical to assure basic human decency.  It is the intent of the general court that lawful immigrants to the United States who are residents of Massachusetts be provided with the means to meet their own and their families' needs on the same basis as citizens, notwithstanding the federal government's denial of benefits to some lawful immigrants. 

SECTION 2

This act shall take effect upon its passage as deferred operation would defeat the purposes of the act.

SECTION 3

Section 2 of chapter 118 of the general laws is hereby amended by inserting after the last paragraph the following paragraph:--

            Notwithstanding the provisions of any general or special law to the contrary, including the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 8 U.S.C. sections 1611, 1612, and 1613, noncitizen Massachusetts residents who are qualified aliens as defined by said Act, 8 U.S.C. section 1641, or otherwise permanently residing in the United States under color of law shall be eligible for benefits under the Transitional Aid to Families with Dependent Children Program pursuant to this chapter on the same basis as citizens. 

SECTION 4

Section 1 of chapter 18 of the general laws is hereby amended by inserting the following new subsection:--

            Subsection (D): Notwithstanding the provisions of any general or special law to the contrary, the department shall administer a program of nutritional assistance for noncitizen Massachusetts residents who are qualified aliens as defined by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 8 U.S.C. section 1641, or otherwise permanently residing in the United States under color of law and who are not eligible for federal food stamp benefits pursuant to said Act, 8 U.S.C. sections 1611, 1612, and 1613.  The benefit levels for the program shall replicate the equivalent levels in effect for the federal food stamp program.  Benefits shall be provided in the form of a credit at grocery or convenience stores that participate in the federal food stamp program.