B 25-0198 — Migrant Services Eligibility Clarification Temporary Amendment Act of 2023

ENGROSSEDENROLLED ORIGINAL AAN BILLACT 3___________ 25-198 5 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 7 ______________________ 9 To amend, on a temporary basis, the Migrant Services and Supports Temporary Amendment Act of 2022 to aidclarify newcomerseligibility inrequirements settling in the District, obtaining healthcare and identificationservices documents,provided andby accessingthe emergencyOffice shelterof services.Migrant Services;

and to amend the Homeless Services Reform Act of 2005 to clarify eligibility for immigrant residents accessing homeless services.

Official Code § 4-773.01 et seq.)seq.), is amended as follows:

(a) Section 101 is(D.C. amended as follows:

Official Code § 4-773.01) is amended as follows:

ENGROSSED ORIGINAL “(A) May be provided in a congregate setting;

and “(B) Is maintained in a safe, clean, and sanitary condition that meets all applicable District health, sanitation, fire, building, and zoning codes for residential dwellings;”.

and “(B) Services associated with settling recent immigrants in the District when a person recent immigrant intends to make the District their permanent home.”home.”. (b) Section 102(a) is amended to read as follows:

“(a)ENROLLED TheORIGINAL Mayor(b) shallSection establish102(a) and(D.C. publish eligibility and termination criteria for services and supports funded pursuant to this Act act within 30 days after of the effective date of the Migrant Services Eligibility Clarification Emergency Amendment Act of 2023, as introduced on March 16, 2023 (Bill 25-XX);197), provided, that the eligibility and termination criteria:

Official Code § 4-773.02(a)) is amended to read as follows:

“(a) The Mayor shall establish and publish eligibility and termination criteria for services and supports funded pursuant to this act within 30 days after the effective date of the Migrant Services Eligibility Clarification Emergency Amendment Act of 2023, enacted April 24, 2023 (D.C.

Act 25-69;

70 DCR 6115);

provided, that the eligibility and termination criteria:

ENGROSSED ORIGINAL “(2) Shall ensure that individuals are provided with adequate written and oral notice in the individual’s requested language when services are denied or terminated pursuant to the established eligibility criteria;

and provided, that individuals with limited or no English proficiency receive such notice in the individual’s primary language;

and “(3) Shall be published online in English and Spanish”.”.”Spanish.”. (c) Section 106 is amended to read as follows:

“If(c) theSection Mayor106 chooses(D.C. to establish establishes an office pursuant to section 101 of this title, the Mayor, pursuant to Title 1 of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat.

Official Code § 4-773.06) is amended to read as follows:

“If the Mayor establishes an office pursuant to section 101 of this title, the Mayor, pursuant to Title 1 of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat.

Official Code § 2-501 et seq.)seq.), shall issue rules to implement the provisions of this title, which shall include the eligibility and termination criteria required by Sectionsection 102(a) of this title.”.

Official Code § 4-751 et seq.)seq.), is amended as follows:

(a) Section 2(32)(C)2(32)(C)(ii) and (iii) (D.C.

Official Code § 4-751.01(32)(C)(ii))4-751.01(32)(C)(ii) isand (iii)) are amended to read as follows:

(1) Sub-subparagraph (ii) is amended to read as follows:

8 U.S.C.

ENGROSSED ORIGINAL “(I) Individuals who entered the United States pursuant to a special parole program established by the federal government that is indicated on the parole or entry document;

or””.”or (2)“(iii) Sub-subparagraphCannot (iii)demonstrate isDistrict amendedresidency prior to readApril as1, follows:2022, using proof of residency documents required under subparagraph (A)(iii) of this paragraph and has been issued after April 1, 2022, a notice to appear in a proceeding to be held under section of the Immigration and Nationality Act, approved June 27, 1952 (66 Stat.

“(iii) Cannot produce proof of residency documents required under sub-subparagraph (A)(iii) of this paragraph dated prior to April 1, 2022, and has been issued, after April 1, 2022, a notice to appear in a proceeding to be held under section 240 of the Immigration and Nationality Act, approved June 27, 1952 (66 Stat.

§ 1229a), until the completion of their immigration proceedings, including any appeals.”appeals.”. (b) Section (7)(c)(3)(B) (D.C.

ENROLLED ORIGINAL (b) Section (7)(c)(3)(B) (D.C.

“(B) The Mayor shall determine that a person seeking shelter by reason of domestic violence, sexual assault, human trafficking, refugee status, or asylum, is a resident of the District without receiving demonstration of District residency in accordance with Sectionsection 2(32) of this act,act; except if the Mayor can demonstrate that a person seeking asylum is eligible for and will receive shelter under Title I of the Migrant Services and Supports Temporary Amendment Act of 2022, effective December 21, 2022 (D.C.

except, that if the Mayor can demonstrate that a person seeking asylum is eligible for and will receive shelter under Title I of the Migrant Services and Supports Temporary Amendment Act of 2022, effective December 21, 2022 (D.C.

DC Official Code § ENGROSSED ORIGINAL 4-773.01 et seq.),seq.) (“Title I”), or any subsequently enacted law substantially similar actto (“TitleTitle I”),I, the Mayor may direct that person to the Office of Migrant Services to obtain shelter.”shelter.”. Sec.

Sec.

______________________________ Chairman Council of the District of Columbia _________________________________ Mayor District of Columbia 3