Asian Law Alliance
Success Stories - 2009
(Names changed to preserve confidentiality)

Public Benefits

A refugee applied for Unemployment Insurance Benefits but was denied benefits. The refugee provided a valid California Driver’s license and an unrestricted social security card, which satisfied the U.S. Citizenship and Immigration Service (USCIS) documents requirement for an alien to work in the U.S. Despite this proof, the California Employment Development (EDD) Department denied the refugee’s application for benefits because the refugee did not provide what (EDD) felt was proof of satisfactory immigration status as requested. In addition, even though client provided his alien registration number late, EDD did not reopen his case or check with the USCIS to see if the client was authorized to work in the U.S. The refugee could not read or understand the Notice from EDD denying his application. However, with the help of a refugee assistance agency, he filed a late appeal challenging the denial of Unemployment Insurance benefits.

At the hearing, although the Administrative Law Judge found that the refugee had good cause to file a late appeal, the Administrative Law Judge denied benefits again because he felt that the refugee lacked authorization to work in the U.S. The refugee was then referred to the Asian Law Alliance (ALA). ALA filed an appeal with the Unemployment Insurance Benefits Appeal Board. The client’s appeal was again denied. ALA, together with the Bay Area legal Aid, filed a Writ of Mandamus in Superior Court challenging the client’s denial of Unemployment Insurance Benefits because the client clearly met the requirements of the USCIS Form I-9 which outlines the necessary documents needed for a non-citizen to work in the United States. Moreover, ALA provided proof that a refugee has employment authorization incident to his/her status.

The California Employment Development Department agreed to settle the matter by granting the client’s retroactive unemployment insurance benefits and agreeing to a policy notice the requires EDD to reopen a case and contact U.S. Citizenship and Immigration Services to confirm an immigrant work status when he/she provides the Employment Development Department with evidence of immigration status such as an alien registration number even if the immigrant provides this information late.

As a result of the effective representation in this matter, EDD also issued a clarification memo to all offices throughout the State of California to clarify refugee eligibility for Unemployment Insurance benefits.