How to Access Assistance for Undocumented Immigrants in California

¿Cómo Acceder a la Ayuda para Indocumentados en California?

As of May 18, 2020, the California Department of Social Services (CDSS) will provide a one-time payment of $500 as financial assistance for undocumented immigrants to individuals over 19 years of age who can prove: being undocumented, being ineligible for federal COVID-19 related assistance, or experiencing some other form of hardship due to the COVID-19 pandemic. In accordance with the plan which the United States Government decided to name "Disaster Relief for Immigrants Affected by the COVID-19 Pandemic" ("DRAI"), each family can receive payment for up to two people, who will be protected as their personal information will not be shared with any government agency.

The California Department of Social Services selected 12 nonprofit organizations throughout the state which will be responsible for helping people apply for and receive funds under DRAI safely and efficiently. For their part, undocumented workers in California may also be eligible for state disability insurance and paid family leave, workers' compensation, and/or any type of paid sick leave benefits. It is for this reason that if you consider yourself interested and eligible to receive assistance for undocumented workers in California, it is advisable that you contact us immediately by calling 1800 201 1220 or by writing to us via WhatsApp.

At Conexión Legal you will be able to receive the best free legal advice, and in turn you will have the support of a Hispanic attorney who is a specialist in your case to help you access the assistance provided to California workers.

How Do I Know If I Am Eligible to Receive Assistance for Undocumented Immigrants?

If you work and have low income, you may be eligible for the California Earned Income Tax Credit (CalEITC). If you qualify for CalEITC and have a child under six years old, then you may also be eligible for the Young Child Tax Credit (YCTC). The credit from these states can be hundreds of dollars.

The California Earned Income Tax Credit now applies to taxpayers who do not have a social security number, but have an Individual Taxpayer Identification Number (ITIN). If you have an ITIN and are eligible, you can claim the credit on your 2020 personal tax return (filed in 2021).

Generally, undocumented workers have the same wage and hour rights as any other worker. Therefore, the same federal and California wage and hour laws that apply to authorized workers generally apply to people without legal immigration status. These laws establish your right to receive minimum wage, overtime pay, rest breaks, tips, and other forms of compensation. For example, an employer cannot refuse to pay you what you say you should not work because, in the first place, you do not have "documents"; however, if you are fired due to a wage complaint, your eligibility for recovery of certain monetary losses suffered as a result of your termination may be unclear.

Filing a wage claim: if you wish to file a claim, you can file a claim with the Department of Labor Standards Enforcement, also known as the "Labor Commissioner," or you can sue your employer in court.

Similarly, you can contact the U.S. Department of Labor (DOL). No agency should ask you about your immigration status, nor should it report any ambiguity about your legal status.

All workers injured at work, including undocumented workers, are eligible for California Workers' Compensation to cover medical expenses and, in some cases, lost wages. However, undocumented workers may not be eligible for certain retraining benefits. Similarly, if you are fired due to a workers' compensation claim, it is unclear whether you can recover some of the monetary losses you suffered as a result of your termination.

If you decide to file a workers' compensation claim, you must contact your employer to obtain and complete a claim form. If your employer refuses to provide you with a claim form, you must contact the State Workers' Compensation Appeals Board (WCAB). If your claim is approved, you may be eligible for reasonable medical, disability, and rehabilitation benefits.

Given this series of procedures, remember that you are not alone and that you have the support of advisors dedicated to providing you with completely free guidance on your case. Contact Conexión Legal to receive the best legal assistance from a highly qualified Hispanic attorney and thus you can obtain the benefits that the state of California guarantees you.

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