Whittier, CA asked in Employment Law, Immigration Law and Public Benefits for California

Q: Can illegal immigrants apply for unemployment? If not, what other solution is there?

Due of the corona virus, people are being let off from work, including illegal immigrants. Because of this, can they apply for unemployment? If not, what other solution is there for them to receive money or aid from the government? What can be done when bills and rest must still be paid and food and life essentials are needed?

3 Lawyer Answers
Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Chicago, IL

A: You will have to consult with a state unemployment lawyer or the California State forms. Some are disqualified because they use fictitious identities.

Many states treat unemployment insurance as an entitlement. That is, both you and your employer pay into the program. It is a form of socialized insurance.

The above is general information, not legal advice, and does not create an attorney client relationship.

Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: In California your immigration status should not disqualify you from unemployment insurance benefits. However if the employer has not paid into the fund on your behalf if you have a fictitious or fraudulent social security number you will face difficulties. Nonetheless apply and work through those difficulties.

Good luck to you.

Hector E. Quiroga
Hector E. Quiroga
PREMIUM
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: Undocumented workers are generally not eligible for unemployment, and they aren’t eligible for the vast majority of public benefits. It is highly unlikely that they would be eligible for any relief put in place by the government to ease the economic impact of the corona virus. Private donations and whatever can be obtained through nonprofits will likely be the source of any benefits undocumented workers will be able to access.

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