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Some Immigrant Fire Victims Forgo Aid, Fearing Language on FEMA Forms

FEMA does not ask for immigration status on its eligibility forms, and was not aware of a case in which information was shared with ICE.

(TNS) - Members of the immigrant community displaced by the Wine Country fires are facing a new dilemma, fearing that information they provide on forms seeking federal disaster relief could be shared with immigration agents. And some say they will avoid applying altogether as a result.

Their concerns have gained the attention of Rep. Jared Huffman, D-San Rafael, who plans to send a letter Thursday to Brock Long, administrator of the Federal Emergency Management Agency, seeking clarification on the intent of language used in FEMA applications.

“We have heard from constituents who are eligible for aid — U.S. citizens, non-citizen nationals and qualified aliens — but are concerned that applying for FEMA assistance might expose their family members or neighbors to immigration enforcement,” says Huffman’s letter, which was provided to The Chronicle.

The language appears on a form that all those applying for benefits must sign, and it has been used for many years. It states that information “provided regarding my application for FEMA disaster assistance may be subject to sharing within the Department of Homeland Security, including but not limited to, the Bureau of Immigration and Customs Enforcement.”

Both FEMA and ICE are agencies within Homeland Security.

A FEMA spokesman, David Passey, said Wednesday that the agency recognizes that some people may be reluctant to apply for aid based on the language in the form. But he said FEMA does not ask for immigration status on its eligibility forms, and was not aware of a case in which information was shared with ICE.

“In the past few months, FEMA has received about 4 million registrations following disasters in Texas, Georgia, Florida, Puerto Rico, the Virgin Islands, California and other states,” Passey said in a statement. “We are not aware of a single case where there was a requirement to share information with DHS law enforcement agencies.

“However,” he said, “if a significant law enforcement interest exists, FEMA may share information with DHS law enforcement partners.”

The language has prompted some fire victims to avoid applying because of fears it could lead to deportation, advocates said. The situation reflects increased fears in migrant communities as the Trump administration seeks to crack down on illegal immigration, even as many politicians in California push sanctuary laws intended to assure undocumented people that they can freely communicate and interact with the government.

In a statement to The Chronicle, Sen. Dianne Feinstein of California said Trump’s “heartless immigration policies caused this problem, and now we’re seeing immigrant families declining federal help they’re eligible for because they’re scared.

“FEMA should make crystal clear that it will work with ICE to ensure immigrant families won’t be targeted for deportation,” Feinstein said.

Among those worried about the FEMA language is Denia, a 23-year-old recipient of the federal Deferred Action for Childhood Arrivals program, known as DACA, which Trump is phasing out. Denia’s family was evacuated from its home for more than a week because of the recent fires, which killed at least 42 people and destroyed 8,700 structures statewide.

While her undocumented mother was not eligible for federal disaster assistance on her own, she applied for FEMA benefits on behalf of her two minor children, who are U.S. citizens. FEMA provides money for short-term lodging and other expenses after certain disasters.

At a recent forum on relief efforts, an attorney for Sonoma County asked a FEMA official about the language, which she said was causing confusion among immigrants.

While the FEMA representative said the agency was not “proactively” providing information to ICE, Denia, who was sitting in the crowd, got anxious. After all, it was she who had urged her mother to apply for potential help for the expenses they incurred when they were displaced.

“I felt horrible,” said Denia, who asked to be identified by her first name because of fears her family could be targeted for deportation. “I’m worried that they will use this information and take advantage of it. That would be the worst-case scenario. In this political climate, you don’t know what to expect.”

While it’s only the latest example of fear in immigrant communities over the future under Trump, the FEMA debate comes at an especially sensitive time, as many attempt to deal with the impact of the wildfires on their lives.

“There isn’t that trust,” said Omar Medina, a treasurer with the North Bay Organizing Project, one of the organizations that helped create the Undocufund, a special disaster fund for fire victims who are undocumented residents.

Bernice Espinoza, an attorney and immigration specialist with the Sonoma County public defender’s office, said FEMA’s approach would “prevent people from being able to restore their lives and to have our community the way it was. That’s part of our workforce, our students, our clients — they are our community members.”

Huffman wrote in his letter that the agency should “provide assurance that the verification process for eligible applicants will not be used to seek the immigration status of their neighbors, family members, or other household members.”

“In light of our constituents’ concerns,” he wrote, “we would also appreciate an explanation of any process that might lead to information sharing between FEMA and ICE.”

Alicia, a 37-year-old undocumented mother who has three young children who are U.S. citizens, said she is so worried about immigration consequences that she will not seek FEMA aid.

Alicia, who also asked to be identified by her first name because she is fearful of being targeted for deportation, said her Sonoma County family was displaced by one of the fires. But when she learned about the language in the FEMA forms, she decided not to apply.

“I would rather seek help elsewhere than risk myself,” she said. “I’m afraid of being taken out of the country and leaving my children behind.”

Denia, the 23-year-old DACA recipient who helped her mother understand the application, said that if she could do it all over again she would make a different recommendation. She’d tell her mother to hold off on applying.

Hamed Aleaziz is a San Francisco Chronicle staff writer. Email: haleaziz@sfchronicle.com Twitter: @haleaziz

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