Can illegal immigrants get NYS Department of Labor unemployment benefits?
I'm asking for a friend who's been working under someone else's social security number for the past two years at a restaurant in Queens. They got laid off last week and are wondering if they can apply for unemployment through NYS Department of Labor. I know this is a complicated situation but they have been paying into the system through payroll deductions. Does anyone know what the actual rules are? They're scared to apply because they don't want to get in trouble but they really need the money.
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Freya Christensen
The eligibility requirements for NYS Department of Labor unemployment benefits include having work authorization. If someone is working without proper documentation, they would not be eligible for UI benefits. Even if taxes were withheld from their paychecks, the fundamental requirement is legal work authorization. Your friend should consult with an immigration attorney about their situation rather than risk exposure by filing a claim.
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Ravi Malhotra
•That makes sense. I figured it would be risky. Do you know if there are any other resources available for people in this situation?
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Omar Hassan
my cousin tried this a few years ago and got denied immediately. they asked for work authorization documents during the application process and when he couldn't provide them the claim was rejected. plus he was worried they would report him to immigration
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Chloe Robinson
•Yeah that's what I was afraid of. The application probably flags these situations automatically when they cross-reference the SSN with other databases.
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Diego Chavez
Unfortunately, federal and state law requires work authorization for unemployment benefits. Even though your friend paid into the system through payroll taxes, they wouldn't meet the eligibility criteria. NYS Department of Labor verifies work authorization as part of the claims process. There might be community organizations or local assistance programs that could help with immediate needs - I'd suggest contacting immigrant advocacy groups in your area instead.
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Ravi Malhotra
•Thanks, that's helpful advice. I'll let them know to look into community resources instead of risking an unemployment application.
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NeonNebula
this is why the whole system is messed up - people pay into unemployment insurance but can't collect when they need it. but yeah legally speaking they can't get benefits without proper work authorization. the restaurant industry especially has this problem where workers contribute to systems they can't access
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Anastasia Kozlov
Just want to add that if your friend needs help navigating this situation or understanding their options, they might want to contact a workers' rights organization. Some provide confidential assistance and know about alternative resources that don't require the same documentation as government benefits.
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