Court order prevents DSHS from cutting benefits for more than 10,000 households in Washington
By Lisa Wood
University House resident
A federal court order has blocked an attempt by the Department of Social and Health Services (DSHS) to discontinue food stamp benefits for more than 10,000 households in Washington state. DSHS, in the midst of a statewide budget crisis, had moved to terminate the state’s Food Assistance Program, which provides food stamp benefits for thousands of legal immigrants in Washington ineligible for federal food stamp benefits due to their status as resident aliens. About 10,350 households receive funding through the state’s supplemental program. DSHS mailed notices out to affected households on Jan. 18, informing them that their state-funded food stamp benefits would be cut as of Feb. 1.
Nghia Nguyen, who along with his wife receives state food stamp benefits, received a termination letter about twelve days before his benefits were to be eliminated. The couple relies on food stamp benefits and on part-time work to make ends meet. “My wife does part-time babysitting to get money for food,” Nguyen said. With looming questions, Nguyen took the termination letter to Long Luu, who works at the Neighborhood House office in Yesler Terrace.
Luu confirmed that Nguyen needed to update his green card, which would make him eligible for federal food stamp benefits. No longer would Nguyen and his wife have to worry about the uncertainty surrounding the Food Assistance Program — the couple began receiving federal benefits Feb. 10.
Court order blocks termination of food stamp program
For thousands of other Washingtonians, the preservation of their benefits would rest in the hands of a federal judge. On Jan. 27, a Federal District Court Judge entered a temporary restraining order against DSHS in a class action lawsuit filed by legal immigrants in danger of losing their food assistance. The group was represented by Columbia Legal Services. The lawsuit claimed that DSHS violated legal immigrants’ rights to equal protection under the 14th Amendment to the U.S. Constitution. The violation occurred when DSHS moved to cut the state-funded Food Assistance Program while continuing to apply state funding to administer the federal food stamp program for other recipients.
Households receiving the notices were only given eleven days to prepare themselves for the stark realization that they would be minus a source of income for an indefinite period of time. The temporary restraining order lasted fourteen days and reinstated food stamp benefits for February and March to thousands of legal immigrants. On Feb. 17, the court issued a preliminary injunction, blocking DSHS from terminating state-funded food stamp benefits for legal immigrants.
“The judge did grant the preliminary injunction. DSHS has been ordered not to terminate the (Food Assistance Program),” said John Camp of DSHS. “We have various ways of letting people know that, all of which will take time. “If you received a notice in January, we will be posting this new information on our website, and other resources as well.” More information is available online at the Columbia Legal Services website, www.columbialegal.org/node/131. Columbia Legal Services advises anyone who did not receive February food stamp benefits to contact DSHS for help by calling 877-501-2233 or visiting the local DSHS office. Anyone in need of additional help may call Columbia Legal Services at 800-260-6260, Ext. 207.
Reprinted with permission from March 2011 issue of The Voice newspaper. For more information visit The Voice