Mr. Speaker, I thank the distinguished gentleman from Illinois for yielding and the gentlewoman from South Dakota for managing this bill. The crux of this bill, however, is, again, to support and…
Mr. Speaker, I thank the distinguished gentleman from Illinois for yielding and the gentlewoman from South Dakota for managing this bill.
The crux of this bill, however, is, again, to support and fund the multitrillion-dollar tax cuts that have just been introduced, that will give millions, if not billions, if not trillions, to the richest of Americans, and that is a very sad commentary.
I oppose the Control Unlawful Fugitive Felons Act because it is not that. It will terminate essential benefits for poor people, deprive poor people of due process, and increase mass incarceration.
If the Rules Committee had simply taken my amendment, it would have remedied these criminal justice defects, which struck the arrest warrant language because it recklessly targets vulnerable people. This bill deprives citizens of due process, particularly where many poor individuals are completely unaware of a pending warrant.
Let me be very clear. What you have is a situation where you may have a mentally ill individual in a nursing home who now has a warrant that they are not aware of. You will then cut off their benefits.
What does that do to those families.
Prohibiting SSI payments to individuals with an outstanding warrant or parole or probation violation without due process is simply inhumane. This bill would terminate those benefits from very low-income seniors and people with disabilities. They may not even know that they have these warrants.
Now, I am a strong supporter of the Maternal, Infant, and Early Childhood Home Visiting program, and I tell you that the Democrats on the Ways and Means Committee had an amendment to pay for a 5-year reauthorization of that program, doubling the funding, by closing a tax loophole. They were not allowed to even vote on that amendment.
What does that say? This is a conspiracy.
There are 110 organizations that are against this, including the Alliance for Retired Americans, the NAACP Legal Defense and Educational Fund, Hand in Hand: The Domestic Employers Network, and the Coalition on Human Needs.
Mr. Speaker, I include in the Record a document with the names of all of these organizations.
June 26, 2017.
Dear Members of Congress: On behalf of the 119 undersigned
organizations, we urge you to oppose efforts to cut
Supplemental Security Income (SSI) to offset the costs of the
Maternal, Infant, and Early Childhood Home Visiting Program
(MIECHV program).
H.R. 2824 would reauthorize the MIECHV program, which funds
voluntary, evidence-based home visiting programs for at-risk
pregnant women and parents with young children up to
kindergarten entry. The current MIECHV program has
demonstrated beneficial outcomes associated with improved
maternal and child health, including increased access to
screening and early intervention for childhood disabilities.
Unfortunately, H.R. 2824 proposes to pay to extend this
valuable maternal and child home visiting program by cutting
off SSI entirely for certain adolescents and adults with
disabilities, as well as seniors.
H.R. 2824 would revive an old, failed policy that had
catastrophic effects for many people with disabilities and
seniors, employing procedures that did not withstand judicial
scrutiny. The Social Security Act currently prohibits SSI
payments to individuals fleeing from law enforcement to avoid
prosecution or imprisonment. The existing system is already
working to ensure that those who shouldn't be paid SSI
benefits don't receive them.
The proposed cut, Section 201 of H.R. 2824, would bar
payment of SSI benefits to people with an outstanding arrest
warrant for an alleged felony or for an alleged violation of
probation or parole. Most of the warrants in question are
decades old and involve minor infractions, including warrants
routinely issued when a person was unable to pay a fine or
court fee, or a probation supervision fee.
Based on prior experience with SSA's failed former policy,
the people who would be affected are those whose cases are
inactive and whom law enforcement is not pursuing. Many
people are not even aware that a warrant was issued for them,
as warrants are often not served on the individual. A very
high percentage of people who would lose benefits have mental
illness or intellectual disability. Many are unaware of the
violation, may not have understood the terms of parole or
probation, or may have other misunderstandings about their
case.
Warrant databases are notoriously inaccurate. Fourteen
percent of the arrest warrants processed by the federal
Warrant Information Network in 2004 were later dismissed by
the court or returned unexecuted. The state of Alabama, even
with an audit mechanism in place, reported a 13% error rate
in its arrest warrant databases. Due to these kinds of
inaccuracies, some people will have their SSI benefits cut
off as a result of mistaken identity, or paperwork errors,
which can take months or even years to resolve.
When this failed policy was previously implemented by SSA,
many of those who had their benefits cut off had no arrest
warrant outstanding against them. For example, Rosa Martinez,
the lead plaintiff in Martinez v. Astrue was, in 2008, a 52-
year old woman who received notice from SSA that she was
losing her disability benefits because of a 1980 arrest
warrant for a drug offense in Miami, Florida. Ms. Martinez
had never been to Miami, never been arrested, never used
illegal drugs, and is eight inches shorter than the person
described in the warrant. Despite an obvious case of mistaken
identity, Ms. Martinez was left without her sole source of
income. It was only after filing a lawsuit in federal court
that Ms. Martinez was able to have her benefits restored.
Resolving outstanding warrants can be very difficult and
costly. People often must go before a judge in the issuing
jurisdiction, and typically need counsel to assist them in
navigating the process. Often, people have moved in the
intervening years and live far away from the issuing
jurisdiction. The proposed offset would cut off all SSI
income. Losing this income will cause many people to become
homeless and unable to meet their basic needs, much less
resolve a warrant, a case of mistaken identity, or an error
in the warrant database. Completely cutting off SSI benefits
will leave people with little recourse to resolve an
outstanding warrant, representing a step backward in
bipartisan efforts towards criminal justice reform.
By relying on databases of outstanding arrest warrants,
this proposal seeks to punish people by presuming their
guilt, undermining the presumption of innocence that is the
bedrock of our criminal justice system. The existence of an
arrest warrant does not establish that any criminal conduct
has occurred. Many arrests do not result in criminal charges,
or the charges are eventually dismissed. Even if an
individual is charged and subsequently prosecuted, he or she
is presumed innocent until proven guilty.
The proposed offset also will have a disproportionate
impact on people of color. People who are on probation are
particularly susceptible to having an outstanding arrest
warrant. Parolees and probationers are disproportionately
people of color--in 2015, 13% of adults on probation were
Hispanic, and 30% of adults on probation were African
American.
Finally, the proposed offset could harm some of the very
same children who we seek to help through home visiting. In
any given month, approximately 2.7 million children are
estimated to live with a family member who is a senior or
adult with a disability who receives SSI. These children's
families are overwhelmingly the same types of families served
by the MIECHV program: over 3 in 5 families with a SSI
recipient age 18 or older have a total family income below
150% of the federal poverty level, and SSI makes up on
average about 40 percent of these families' income. Cutting
off SSI income would put families at risk of being unable to
keep a roof over their heads, put food on the table, and meet
other basic needs--including children's and mothers' health
needs.
H.R. 2824 would also harm Social Security beneficiaries--
since over half of SSI recipients who are elderly, and almost
one-third of SSI recipients with disabilities, are Social
Security beneficiaries.
In closing, we reiterate that although the MIECHV program
has demonstrated beneficial outcomes, and reauthorization
must be a priority, it should not come at the expense of cuts
to SSI, which would harm seniors, adolescents and adults with
disabilities, and their families, and should not be raided as
a pay-for for an unrelated program. We urge the U.S. Congress
to reject any proposals to offset the costs of reauthorizing
the MIECHV program by cutting SSI benefits.
Sincerely,
National Organizations
AFL-CIO; AFSCME; Aging Life Care Association; Alliance for
Children's Rights; Alliance for Retired Americans; American
Academy of Pediatrics; American Psychological Association;
Association of Jewish Aging Services; Association of
University Centers
on Disabilities; Bazelon Center for Mental Health Law; Center
for American Progress; Center for Law and Social Policy
(CLASP); Coalition on Human Needs; Consortium for Citizens
with Disabilities Social Security Task Force; Defending
Rights and Dissent; Easterseals; Economic Policy Institute
Policy Center; FedCURE; FORGE, Inc.; Gray Panthers.
Hand in Hand: The Domestic Employers Network; Harm
Reduction Coalition; Institute for Science and Human Values;
Justice in Aging; Justice Strategies; Latinos for a Secure
Retirement; Leadership Conference on Civil and Human Rights;
League of United Latin American Citizens; Legal Services for
Prisoners with Children; Lutheran Services in America
Disability Network; NAACP; NAACP Legal Defense and
Educational Fund, Inc.; National Alliance on Mental Illness;
National Association of Disability Representatives; National
Black Justice Coalition; National Center for Lesbian Rights;
National Center for Transgender Equality; National Committee
to Preserve Social Security and Medicare; National Council of
Churches; National Disability Rights Network.
National Employment Law Project; National LGBTQ Task Force
Action Fund; National Organization for Women; National
Organization of Social Security Claimants' Representatives
(NOSSCR); National Women's Law Center; Paralyzed Veterans of
America; People Demanding Action; PolicyWorks, Inc.; Polio
Survivors Association; Prison CONversation; Rainbow PUSH
Coalition; Resources for Independent Living; Root & Rebound;
Sargent Shriver National Center on Poverty Law; Service
Employees International Union; Social Security Works;
StoptheDrugWar.org; The Arc of the United States; Union for
Reform Judaism.
State/Local Organizations
2-1-1 California; ABD Productions/Skywatchers; ADAPT
Montana; Alameda County Community Food Bank; Berkeley Food
Network; BNICEH (Black Network In Children's Emotional
Health); California Association of Food Banks; California
Association of Public Authorities for In-Home Supportive
Services; California Church IMPACT; California Council of the
Blind; California Food Policy Advocates; California In-Home
Supportive Services Consumer Alliance; California Office of
the State Long-Term Care Ombudsman; California OneCare;
California Partnership; Californians for Disability Rights,
Inc.; Californians for SSI; Center for Independence of the
Disabled, NY; Coalition of California Welfare Rights
Organizations; Columbia Legal Services.
Community Legal Services of Philadelphia; Community Service
Society of New York; Communities Actively Living Independent
& Free; Disability Law Center, Massachusetts; Disability Law
Center, Utah; Disability Policy Consortium of Massachusetts;
Disability Rights California; DisAbility Rights Idaho;
Disability Rights New Jersey; Disability Rights North
Carolina; Disability Rights Wisconsin; Empire Justice Center;
Friends In Deed; GetTogether Adult Day Health Care Center;
Homeboy Industries; Hunger Action Los Angeles; IMPRUVE
(Independent Movement of Paratransit Riders for Unity,
Vehicles, Equality); Jewish Family Service of Los Angeles;
Kentucky Protection and Advocacy; Legal Aid Society of San
Mateo County.
Legal Council for Health Justice; Little Tokyo Service
Center; MFY Legal Services, Inc.; National Association of
Social Workers, California Chapter; Northern California
ADAPT; Ohio Association of Local Reentry Coalitions; Personal
Assistance Services Council; Public Counsel; PUEBLO People
United For a Better Life in Oakland; Pushing Limits Radio
(KPFA); Rubicon Programs; San Francisco Senior & Disability
Action; Senior and Disabled Fund of San Bernardino County;
Senior Services Coalition of Alameda County; Sonoma County
Homeless Action!; St. Anthony Foundation; St. Mary's Center;
UC Hastings Community Justice Clinics' Individual
Representation Clinic; Urban Justice Center; Western Center
on Law and Poverty.
In addition, let me share with you the reality of this: Rosa Martinez. Yes, the Social Security Administration was doing this before, but they had to stop it.
We are now reigniting it because Rosa Martinez filed a suit in 2008. She was a 52-year-old disabled woman from Redwood, California, who received a notice from SSA last December that she was losing her only source of income, her disability benefits, because of a 1980 arrest warrant for a drug offense in Miami, Florida.
Ms. Martinez has never been to Miami, has never been arrested, and has never used illegal drugs. In addition, she is 8 inches shorter than the Rosa Martinez identified in the warrant.
Do you want this random, reckless cutting off of SSI benefits because of misidentification? Identity theft is rampant. So this bill is failed, it is a failure, and it has a number of Achilles' heels that will not work.
The bill will also increase mass incarceration. We should allow law enforcement to do their job. I don't mind giving them the tools that they need, but I refuse to allow individuals to suffer because of this very abusive bill.
I kneeled on this floor because of injustice. This is a bill that is full of injustices.
Mr. Speaker, I rise in opposition to H.R. 2792.
I oppose this bill for the following reasons:
SSI is a needs-based program for people with limited income and resources.
It will terminate essential benefits of poor people.
It will deprive poor people of due process.
It will increase mass incarceration.
My amendment would have remedied these criminal justice defects in H.R. 2792, which struck the arrest warrant language because (1) it recklessly targets vulnerable and innocent individuals; (2) this bill deprives citizens of due process, particularly where many poor individuals are completely unaware of any pending warrant, and (3) there have been cases in which warrants were either decades old or, in many instances, it was a matter of a mistaken identity.
The bill amends the Social Security Act (SSA) to make certain revisions that limit payment of benefits to fugitive felons under titles II, VIII, and XVI of the (SSA), by prohibiting Supplemental Security Income (SSI) payments to individuals with an outstanding felony warrant or parole or probation violation.
``Almost none of the individuals who would be affected by this provision are actual fugitives from justice and most of the warrants in question are many years old and involve minor infractions,'' the Consortium for Citizens with Disabilities said in a letter to Senators who tried to implement this policy.
This bill is merely a continuation of President Trump's $1.7 trillion budget cuts of programs designed to help the millions of poor and low- income families that need these programs for survival.
Plainly stated, this bill will terminate SSI benefits of very low- income seniors and people with disabilities, because SSI is granted based on financial need.
In creating this bill, the sponsors essentially agree that it is best to incarcerate economically vulnerable people in order to fund the Maternal Infant Early Childhood Home Visiting program (MIECHV).
As the Center for Law and Social Policy, a nonprofit group focused on low-income Americans, previously reported of the Trump's budget scheme, this bill would likewise, create an overall assault on a wide range of ordinary Americans for the purpose of providing tax cuts to the wealthiest.
My Democratic colleagues on Ways and Means offered amendments to fully pay for a 5-year reauthorization of the MIECHV program and doubling the funding by closing a tax loophole called the ``stretch IRA''. Republicans however, would not let my colleagues vote on those amendments.
My amendment and those of my colleagues would have made this bad bill a lot more palatable.
Instead, the Republicans have chosen, once again, to lock people up, and do so in a manner that deprives poor people of their sole source of income, while purporting to safeguard against fugitive felons that are recipients of these SSI benefits.
This bill is unnecessary because under current law, SSI and Social Security payments are already prohibited to people fleeing prosecution or confinement.
Most alarming, this bill will terminate these benefits without any judicial determination of guilt, and thus, usurping recipients' rights to due process.
The presumption of ``innocent until proven guilty'' is the constitutional principle at the bedrock of our criminal justice system. This principle guarantees that the government cannot deprive citizens of their rights without due process of the law.
The bill maintains that payments could be immediately restored once the individual resolves any outstanding issues, a potentially lengthy and time-consuming process.
Ask the thousands of individuals swept under this broad policy if that is true. SSA already tried to implement this very ill-advised policy and it resulted in thousands of court challenges in 2009 forcing the agency to repay billions of dollars it had withheld from people deemed fugitives.
For example, Miami resident Joseph Sutrynowics' Social Security Disability Insurance benefits were halted in 2008 because of a bad check he'd written to cover groceries in Texas more than a decade earlier.
Under this policy, SSA agreed to repay $700 million in benefits that were withheld from 80,000 people whose benefits have been suspended or denied since January 1, 2007 in the Martinez v. Astrue case. SSA could also, reportedly, repay close to $1 billion in benefits to 140,000 individuals in the Clark v. Astrue case.
We have already tried this before and failed miserably. Let us not waste tax payers' money in litigation, while causing poor folks to go
hungry. As the old adage says: ``don't continue to do the same thing and expect a different result, that's insanity''.
Past experiences proved that this policy was detrimental then, and it is so now. It will further exacerbate the epic tragedy of mass incarceration, and the attendant costs incurred by taxpayers, particularly in the well-documented higher cost of incarcerating the elderly and those in poor health.
Even conservative coalitions like Freedom Works, American Conservative Union Foundation, Generation Opportunity, and Taxpayers Protection Alliance agreed that mass incarceration is extremely costly to taxpayers.
In addition to tax dollars in litigation fees, incarceration cost taxpayers $407.58 per person per day and $148,767 per person per year.
Criminalizing poor individuals, depriving them of their social security income benefits, and increasing the incarceration rate in this fashion will NOT solve the fugitive problem this bill purports it will do.
In fact, this bill will expand existing problems of mass incarceration by increasing the likelihood for recidivism. Statistics show that incarceration does not serve as deterrence, nor does it keep our communities safe.
For the reasons stated above, I oppose this bill.