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Across the U.S. and the world, the coronavirus virus has forced people to quarantine in their homes for days at a time, cancel celebrations and social activities, and left many with uncertainty of what the coming months will bring. Simultaneously, it has highlighted major flaws in our healthcare system, and demonstrated the grave effects of systemic social and economic inequality. 

Unfortunately, Congress’ response to COVID-19 also has highlighted the second-class status some U.S. residents are accorded, even though they are here legally and contribute substantially to our national economy and public safety. As Congress develops the fourth COVID-19 legislative response package, known as the HEROES Act, it is crucial that the legislation include significant relief for immigrants and refugees. 

On March 25th, the U.S. Senate approved the Coronavirus Aid, Relief, and Economic Security Act or the CARES Act. CARES was enacted to alleviate some of the coronavirus’ impact on the economy, public health, state and local governments, individuals, and businesses. However, undocumented migrants and their family members were left out of the $2.2 trillion relief package. 

Since the first case of the coronavirus in the U.S. was reported on January 21, there have been more than 1.7 million confirmed cases and more than 100,000 people in the U.S. have died. US unemployment rates have skyrocketed, surpassing 40 million or 14.7 percent, exceeding the unemployment rate of the 2008 recession and the highest rate since the Great Depression. But these general population numbers mask the deep disparities present in the pandemic, and the ways in which historic inequities have led to and exacerbated health disparities in the current crisis. Throughout this pandemic, racial and ethnic minorities have been disproportionately impacted. Black and Hispanic populations have lost their jobs at higher rates, are dying at higher rates, and are being infected at higher rates.

Immigrants make up a large percentage of sectors that were impacted by the coronavirus, so they have been especially vulnerable. While many Americans, including those in Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) groups, were afforded some financial relief through a $1,200 stimulus check, undocumented migrants—including those filing their taxes with Individual Taxpayer Identification Numbers (ITIN)—were not. The exclusion reached farther than anticipated as families where at least one individual used an ITIN did not receive a check. This resulted in an estimated 15.4 million mixed-status families ineligible to receive a stimulus check from the federal government, including 2.4 million Texans.

Figure 1: Immigrant Workers in Riskiest Jobs (Percentage) 

Source: “Immigration and COVID-19,” New American Economy, https://research.newamericaneconomy.org/report/immigration-and-covid-19/

Figure 2: Immigrant Workers in Food Supply Chain (Percentage)

Source: “Immigration and COVID-19,” New American Economy, https://research.newamericaneconomy.org/report/immigration-and-covid-19

Being undocumented, using an ITIN, or even being in a mixed-status family should not be a punishment. Legal status should not dictate whether an individual seeks medical services,  receives a check from a $2.2 trillion package, or waits wondering when help for them will come. If love for our neighbor and the inherent right to safety and health isn’t enough, it’s just a matter of common sense. Refraining from ensuring the health and safety of migrants, especially as they make up a large percentage of essential workers will both further the spread of the disease and negatively impact our economy and stability. In Texas alone, undocumented migrants contributed to the economy by paying $1.3 billion in state and local taxes in 2016 and $3 billion in business income

To help meet the needs of immigrant populations and their families disregarded in the CARES Act, the Health and Economic Recovery Omnibus Emergency Solutions Act or the HEROES Act was introduced and subsequently passed by the U.S. House of Representatives on May 15th. It is currently pending a vote by the U.S. Senate. The HEROES Act, a $3.3 trillion relief package, will go beyond providing a stimulus check to those ineligible under CARES and provide a wider range of benefits.

Figure 3: Benefits for Immigrants in the HEROES Act 

Cash payments to immigrants and their families

Ensure all individuals receive free COVID-19 testing and related care regardless of legal status. There would also be an expansion of access to emergency MEDICAID.

Requires ICE to review files of detained immigrants in ICE detention and release or find alternatives for those who do not pose a threat to public safety, national security, or are not subject to mandatory detention.

Mandates that all immigrants in detention have unlimited access to telephone and video calls soap, sanitizer, and other necessary hygiene products.

Temporarily extend work permits for individuals with DACA or TPS if the expiration date was set to expire during the current public health emergency.
Prevents undocumented essential workers from being deported and offered employment authorization during the public health emergency.

Despite the much needed relief and assistance for immigrants and their families, some lawmakers have expressed their disdain for the HEROES Act calling it a “Democratic agenda,” or “an opportunity to make political statements.” The White House has also explicitly stated that if passed, advisors would recommend that President Trump veto the act. However, some Americans may feel different. For example, 68 percent of U.S. adults say that the federal government has a responsibility to provide medical care to undocumented migrants affected by the coronavirus. 

While the future of the HEROES Act hangs in the balance awaiting a vote, undocumented migrants and their families effected during this pandemic cannot wait. They have been on the front-lines of this public health emergency, helping the country to find some sense of normalcy in keeping grocery stores running, working to ensure that there are no food shortages, and even working in the medical field to help fight the coronavirus. Immigrants shouldn’t be helped just because they are essential workers or essential to the economy, but because they deserve the right to be helped during their time of need.