M.K.B. v. Eggleston, 05 Civ. 10446(JSR).

• Decision Date: 29 August 2006
• Docket Number: No. 05 Civ. 10446(JSR).,05 Civ. 10446(JSR).
• Parties: M.K.B., O.P., L.W., M.A., Marieme Diongue, M.E., P.E., Anna Fedosenko, A.I., L.A.M., L.M., Denise Thomas, and J.Z., on their own behalf, and on behalf of their minor children and all others similar situated, Plaintiffs, v. Verna EGGLESTON, as Commissioner of the New York City Human Resources Administration; Robert Doar, as Commissioner of the New York State Office of Temporary and Disability Assistance; and Antonia C. Novello, as Commissioner of the New York State Department of Health, Defendants.
• Court: U.S. District Court — Southern District of New York

445 F.Supp.2d 400

M.K.B., O.P., L.W., M.A., Marieme Diongue, M.E., P.E., Anna Fedosenko, A.I., L.A.M., L.M., Denise Thomas, and J.Z., on their own behalf, and on behalf of their minor children and all others similar situated, Plaintiffs, v. Verna EGGLESTON, as Commissioner of the New York City Human Resources Administration; Robert Doar, as Commissioner of the New York State Office of Temporary and Disability Assistance; and Antonia C. Novello, as Commissioner of the New York State Department of Health, Defendants.

No. 05 Civ. 10446(JSR).

United States District Court, S.D. New York.

August 29, 2006.

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Caroline Jane Hickey, Jane Greengold Stevens, Yisroel Schulman, New York Legal Assistance Group, Jennifer Baum, Scott Alan Rosenberg, Steven R. Banks, Legal Aid Society, Ronald Abramson, Russell Winston Jacobs, Hughes Hubbard & Reed LLP, New York, NY, Elizabeth Sykes Saylor, The Legal Aid Society, Brooklyn, NY, for Plaintiffs.

Jane Tobey Momo, Jesse Ira Levine, New York City Law Department, Office of the Corporation Counsel, Robert Lewis Kraft, Ivan B. Rubin, Office of the Attorney General, New York, NY, for Defendants.

OPINION AND ORDER

RAKOFF, District Judge.

It is not the policy of the United States, nor of the State of New York, to leave destitute the battered immigrant wives and children of lawful U.S. residents just because their abusive husbands are no longer supporting them or providing them with a basis for obtaining aid. But this case, at least as it has proceeded thus far, suggests that, just such dire consequences are occurring with respect to these and certain other immigrant groups who, because of bureaucratic customs and usages, have fallen between the cracks of New York's welfare system.

This proposed class action, brought principally under 42 U.S.C. § 1983, alleges that defendant Verna Eggleston (the "City Defendant"), sued in her official capacity as Commissioner of the New York City Human Resources Administration ("HRA"), and defendants Robert Doar and Antonia C. Novello (the "State Defendants"), sued in their official capacities as, respectively, Commissioner of the New York State Office of Temporary and Disability Assistance ("OTDA") and Commissioner of the New York State Department of Health ("DOH"), have a policy, custom, or usage of denying federal benefits and providing inadequate notice of eligibility determinations to eligible battered qualified aliens and their children, as well as to certain lawful permanent residents who have been in that status for less than five years, all in violation of plaintiffs' federal statutory and constitutional rights. Plaintiffs also assert pendent state law claims against the City Defendant, alleging that HRA has unlawfully denied state benefits not only to eligible battered qualified aliens and individuals who have been lawful permanent residents for less than five years, but also to aliens who are permanently residing in the United States under color of law, known as "PRUCOL" aliens (for "permanently residing under color of law").

Plaintiffs have moved for preliminary injunctive relief and for class certification. By Order dated February 16, 2006, the Court held that plaintiffs were likely to prevail against various legal defenses asserted by defendants and entered a partial preliminary injunction where the relevant material facts were substantially undisputed. The Court thereafter conducted a nine day evidentiary hearing to further assess the factual basis for these initial determinations and to determine whether additional preliminary injunctive relief and/or class certification were warranted. This Opinion and Order sets forth the Court's findings of fact and conclusions of law in further support of the preliminary injunctive relief granted by the February 16 Order, the further preliminary injunctive relief granted herein, and the Court's determinations with respect to class certification.

By way of background, federal law establishes certain food stamp, health care, and public assistance programs that are federally-funded, in whole or in part, but are state-administered. See 7 U.S.C. § 2011 et seq. (food stamps); 42 U.S.C. § 1396 et seq. (Medicaid); 42 U.S.C. § 601 et seq. (Temporary Assistance for Needy Families). States may directly administer these programs or may delegate the administration to agencies of local government, subject to state supervision. See 42 U.S.C. § 1396a(a)(5); 42 U.S.C. § 602(a)(4); 7 U.S.C. § 2012(n)(1).

Some but not all aliens resident in the United States qualify for assistance under some or all of these programs. The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub.L. No. 104-193, 110 Stat. 2105 (1996), divides aliens into two categories: qualified aliens and non-qualified aliens, see 8 U.S.C. § 1641. An otherwise qualified alien is eligible for federal Medicaid and federal Temporary Assistance benefits if she entered the United States before August 22, 1996 or has been in a qualified alien status for five or more years, 8 U.S.C. §§ 1612(b)(1), 1613(a), or if she is exempted from the five year residency requirement by § 1613(b), (d). Even if ineligible for federal Medicaid and federal Temporary Assistance, however, qualified aliens are eligible for State-funded Medicaid and Safety Net Assistance. N.Y. Soc. Serv. Law §§ 158(1)(g), 122(1)(b), 366(1)(a). Furthermore, a qualified alien is eligible for food stamps if, inter alia, she has resided in the United States in a qualified alien status for five or more years, 8 U.S.C. § 1612(a)(2)(L), or is under 18 years of age, 8 U.S.C. § 1612(a)(2)(J).

While some non-qualified aliens are not eligible for any benefits, one exception is the group known as "PRUCOL aliens," i.e., aliens living in the United States with the knowledge and permission or acquiescence of the federal immigration authorities and whose departure the federal immigration authorities do not contemplate enforcing. See Lewis v. Thompson, 252 F.3d 567, 571-72 (2d Cir.2001). For example, PRUCOL status is frequently accorded to applicants for so-called "V" visas, which are available to victims of crimes— including crimes of domestic violence who have cooperated in the investigation or prosecution of those crimes. PRUCOL aliens, although ineligible for many federal benefits, see 8 U.S.C. § 1611(a), may nonetheless qualify in New York for state-funded Medicaid and Safety Net Assistance, see N.Y. Soc. Serv. Law §§ 158(1)(g), 122(1)(c), 366(1)(a).

Among qualified aliens, two groups that are the primary foci of much of this case are those battered spouses (or children) who have filed their own petitions for lawful immigrant status and those for whom immigration petitions were initially filed by their lawfully resident or citizen spouses (or parents) by whom they have now been battered and from whom they have now frequently separated. In both situations, the battered person was originally permitted residence here because she was married to (or the child of) a lawful resident or citizen. If that lawful resident filed a petition (known as an "I-130" petition) to obtain lawful residence on behalf of the alien spouse (or child), but the alien spouse (or child) subsequently was the subject of domestic violence, then the battered alien, upon presenting proof of domestic violence and proof that the I-130 had been filed on her behalf, would become a qualified alien eligible for benefits. See 8 U.S.C. § 1641(c)(1)(B)(iv). Alternatively, the battered alien could "self-petition" for lawful status under the Violence Against Women Act ("VAWA")—a petition known as an "I-360" or a "VAWA self-petition"—and, upon receiving a notice either that she had made out a prima facie case for eligibility (a "prima facie notice") or that her petition had been approved, would become eligible for benefits. See 8 U.S.C. § 1641(c)(1)(B)(i) and (ii).

Finally, one other group that may under certain conditions qualify for benefits are certain lawful residents who, even though in that status for less than five years, meet alternative qualifications for eligibility. For example, victims of human trafficking can apply for a so-called "T visa" that exempts them from the five-year requirement. See 8 U.S.C. § 1101(a)(15)(T).

FINDINGS OF FACT

The Court makes the following findings of fact based on the evidence of record, reasonable inferences drawn therefrom, assessment of credibility and demeanor, and resolution of conflicts in the evidence. Exhibit and testimonial references cited below indicate some but not necessarily all of the direct evidence pertaining to a given finding.¹ Certain additional findings of fact are also made, where appropriate, in the subsequent section on Conclusions of Law.

New York State has elected to delegate the administration of public benefits program to agencies of local government under the supervision of state agencies. New York is divided into 58 local social services district, with the City of New York constituting one such district. Tr. 643: 6-16; see also N.Y. Soc. Serv. Law §§ 56, 61. HRA is the agency responsible for administering these public assistance programs for residents of New York City.

In New York State, DOH supervises the provision of federal and state Medicaid, and OTDA supervises the administration of the Family Assistance, Safety Net Assistance, and Food Stamp programs. The State Defendants' supervision of the City Defendant consists, in relevant part, of OTDA's policy directives and instructions issued to HRA, OTDA's regular meetings and communications with HRA staff (including availability for on-call assistance), the State's conduct of the "fair hearing" system of appeals from HRA determinations, the State Defendants' computerized Welfare Management System ("WMS"), and the State's occasional training of HRA staff. Also, HRA may not issue policy directives or policy bulletins without the approval of OTDA. Tr....