Full opinion text
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 injunc-tive 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)(l). 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(l)(g), 122(l)(b), 366(l)(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(l)(g), 122(l)(c), 366(l)(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 “1-130” 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 1-130 had been filed on her behalf, would become a qualified alien eligible for benefits. See 8 U.S.C. § 1641(c)(l)(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)® 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. . 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. 728:7-10. HRA maintains offices known as Job Centers, where applications for cash assistance, Medicaid and food stamps are processed. Tr. 726:11-25. To train frontline workers at the Job Centers, HRA uses a system called “training the trainers,” whereby senior trainers develop curricula and train “center based trainers,” who then train, in turn, the staff at their respective Job Centers. Tr. 1194:6-1195:18; 1204:3-10; 1247: 2-1248:7; City Def. Ex. HHHH at C15784-C15787. HRA conducts basic training of new hires, Tr. 1279:14-18, and all staff in the Job Centers receive updated training every month, Tr. 1308: 10-25, including training on any new policies or procedures put in place during the previous month, Tr. 974:12-975:9. In addition, a topic is selected each month for “refresher” training, known as “Back to Basics.” Tr. 1279:19-24. Finally, workers who need special training on a particular subject are given “elbow training.” Tr. 1310:1-3. At least some HRA training has been conducted in the past on a number of the specific issues raised by this litigation, including training on alien eligibility for public benefits, PRUCOL status, relevance of Social Security numbers, use of WMS and of the City’s computerized Paperless Office System (“POS”), notice to be provided to clients, and handling of lost or expired documentation. Tr. 1273:1-1285:5. As described below, however, that training has been woefully inadequate. In 2000, HRA established its Office of Refugee and Immigrant Affairs (“ORIA”). ORIA serves as a resource within HRA for caseworkers, advocates, and other people who have questions relating to the intersection of immigration law and public benefits. Tr. 909:16-20. In June 2003, Elaine Witty became Director of ORIA. Tr. 907:23-909:13. Ms. Witty established a pilot advocacy program within ORIA for battered immigrants. Tr. 911:18-25. In response to this Court’s Order of February 16, 2006, HRA established a procedure intended to ameliorate the erroneous denial of benefits to battered qualified aliens and to eligible PRUCOL aliens. Tr. 1227:1-11; City Ex. LLL. Under this procedure, if an HRA worker determines that an applicant or recipient is a PRUCOL alien or is the battered spouse of a lawful permanent resident or citizen, then that person should be referred to an immigrant liaison, who receives special training on how to handle those types of cases. Tr. 1228:16-1229:8. As of the time of the submission of the instant motions, however, HRA had not yet decided what part of a case, outside of the initial eligibility determination, these immigrant liaisons would handle. For example, it is unclear whether immigrant liaisons will handle recertifi-cations of aliens for benefits. In the past, the Court finds, battered qualified aliens were unlawfully denied benefits by HRA. Partly this was because HRA employees failed to understand what was the appropriate documentation to qualify for such eligibility. For example, with respect to VAWA self-petitions, eligibility under the law could be shown by presenting a notice from the immigration authorities indicating that an 1-360 petition had been filed that presented a prima facie case of eligibility (a “prima facie notice”) or by presenting evidence (in any of several forms) that the 1-360 petition had been approved. But in numerous cases, HRA workers rejected valid applications for benefits by eligible VAWA self-petitioners because they thought that only a prima facie notice would suffice and/or because they thought that other documentation beyond the 1-360 petition was required, such as a Social Security number, or a work authorization “green card,” or the like. This was true, for example, in the cases of P.E., J.Z., A.M., Denise Thomas, N.M., N.E., W.J., Nicole Prince, M.T. and M.H. As to P.E., in March 2005 and June 2005 employees at the Riverview and Linden Job Centers erroneously discontinued benefits for P.E., who had an approved VAWA self-petition, and her immigrant son. A March 2005 case note explaining the decision reads “casehead and child are nonresidential aliens and do not have social security numbers.” Pl.Ex. 244. In June 2005, P.E. met with an HRA worker at the Linden Job Center, who wrongly told P.E. that she and her son were ineligible for public benefits because she did not have a Social Security number. The June 2005 ease note states “No legal status nor Refugee (no social security number, no green card).” Pl.Ex. 244 at C12209. Violeta Pe-trova, a legal intern with Legal Aid, testified that in July 2005 in connection with P.E.’s case, Josephine Pierre, a supervisor at the Linden Job Center, erroneously told Petrova that P.E., who Ms. Pierre knew had an approved VAWA self-petition, nonetheless needed a prima facie notice. Tr. 1041:16-1042:3. As to J.Z., in the summer of 2005 Ms. Scantlebury, an HRA employee at the Hamilton Job Center, told J.Z. that she was ineligible for public benefits because her prima facie notice was about to expire. Tr. 214:2-5. J.Z. then furnished her approval notice for an 1-360 self-petition, and was wrongly told that the approval notice was irrelevant to her immigration status and eligibility for benefits. Tr. 214:25-215:3. Mr. Sosa, another worker at the same Center, wrongly told J.Z. that she needed a new prima facie notice. Tr. 215:15-16. Additionally, in January 2006, an HRA employee at the Riverview Job Center who was shown J.Z.’s VAWA approval notice wrongly told her that she was ineligible for public benefits because she did not have a green card and a social security number. Tr. 215:15-16. As to A.M., in February 2005 four different HRA employees at the Queens Job Center, including a frontline eligibility worker, a supervisor, and two deputy directors, told Megan Dorton, an intern at the Battered Women’s Rights Clinic who accompanied A.M. to the job center, that they were unfamiliar with VAWA self-petitions. As a result, they failed to recognize that, under the circumstances, A.M.’s VAWA prima facie notice qualified her for public benefits. Tr. 532:21-533:14; 534:10-15; 536:8-23; 539:6-14. The supervisor misleadingly suggested that A.M. might be able to achieve eligibility for public benefits if she applied to USCIS for trafficking documents. Tr. 534:317-22. As to Denise Thomas, in September 2004 and again in January 2005 Ms. Thomas presented a VAWA prima facie notice to employees at the Greenwood Job Center and was erroneously told that she was ineligible for public benefits. Thomas Decl. ¶¶ 18-19. One caseworker wrongly told Ms. Thomas that she needed a Social Security number or a green card in order to be eligible for benefits. Id. ¶ 18. Another caseworker wrongly told Ms. Thomas that she needed to be a citizen for five years to be eligible for benefits. Id. ¶ 19. As to N.M., in the summer of 2005 Ms. Shulzberg, an HRA employee at the Coney Island Job Center, wrongly told N.M. that her VAWA self-petition approval notice did not entitle her to public benefits and tried to turn her away without taking an application from her. Tr. 1053:1-19. As to N.E., in October 2004, December 2004, and March 2005, HRA employees at the Euclid Job Center erroneously told N.E. that the notice she presented that her VAWA self-petition had been approved did not confer eligibility for public benefits. In October 2004, Ms. Gibbs, an HRA worker, wrongly told N.E. that she needed a Social Security number to be eligible for benefits. N.E. Decl. ¶ 12. In March 2005, another HRA worker wrongly told N.E. that even though a VAWA prima facie notice would qualify her for benefits, the notice approving her petition did not. Id. ¶ 24. As to W.J., in June 2003, after W.J. provided her VAWA prima facie notice to HRA, an HRA employee at the Greenwood Job Center erroneously rejected WJ.’s request to be added to her daughters’ public benefits ease, using a code that indicates a finding of ineligibility because of alien status. Pl.Ex. 996 at MKB11568. Although W.J., with the help of an attorney and a favorable fair hearing decision was thereafter able to reverse this decision, she only received benefits for a short time, as an HRA employee at the Greenwood Center wrongly told her she was ineligible because she did not have a green card and terminated her benefits in April 2004. W.J. Decl. ¶ 24. As to Nicole Prince, in February 2005 Ms. Prince presented her VAWA prima facie notice to Ms. Bent, an HRA employee at the Linden Job Center. Ms. Bent told Ms. Prince that she had never seen a prima facie notice before and did not know how to handle Ms. Prince’s request to be added to her child’s public benefits case because Ms. Prince did not have a Social Security number. Prince Decl. ¶ 12. After the case was transferred to the River-view Center, Ms. Prince was wrongly told in March 2005 by Ms. Torres, an HRA employee at Riverview, that she could not be added to her child’s case because she did not have a Social Security number. Id. ¶ 18-19, 22; Pl.Ex. 805; see also PLEx. 808. In April 2005, Ms. Mustrafa, a supervisor at Riverview, wrongly told Ms. Prince that she was not eligible for public assistance or food stamps because she had not been a qualified alien for at least five years. Prince Decl. ¶ 25; Pl.Ex. 816. As to M.T., in January 2003 M.T. presented a VAWA prima facie notice, but an HRA employee at the Hamilton Job Center erroneously refused to add her to her children’s public benefits case. M.T. Decl. ¶ 14. Thereafter, even after she was finally added to the case, HRA employees repeatedly and erroneously tried to remove her from the budget because she did not have a Social Security number. M.T. Decl. ¶¶ 20-22. As to M.H., she was not added to her daughter’s public benefits case until January 2005, four months after she had presented her VAWA prima facie notice and asked to be added. Pl.Ex. 592 at C11788; M.H. Decl. ¶ 9. Then, just two weeks after she was added, an HRA employee at the Euclid Job Center wrongly removed her from the case because she had “failed to provide citizenship verification.” PLEx. 592 at C11788; M.H. Decl. ¶ 9. Another group of wrongful denials occurred in the case of 1-130 petitioners. HRA employees frequently failed to understand that applicants who presented proof of domestic violence and an approved or pending 1-130 petition thereby established eligibility for public benefits. Rather, the workers either were unfamiliar with 1-130 altogether, or believed that a “prima facie notice” (which was not even available in 1-130 cases) was required, or believed that some other additional documentation was needed. This led to wrongful denials of benefits in the cases, for example, of A.I., P.E., L.W., J.Z., M.E., M.A., W.J. and C.W.S. As to A.I., in July 2004 A.I. gave Ms. Walker at the Jamaica Job Center so-called “V-l” and “V-3” visas (for herself and her daughter) that demonstrated the filing of 1-130 petitions on their behalf. Tr. 102:2-104:4; Pl.Ex. 5 at 000017-20. A.I. was wrongly told by Ms. Walker that they were ineligible for benefits because they did not have green cards. Tr. 105:23-106:1. Ms. Walker repeated this assertion seven or eight times over the next year when A.I. repeatedly inquired about receiving benefits for herself and her daughter. Tr. 106:2-19. As to P.E., in November 2003 P.E. provided proof of her pending 1-130 petition and proof of domestic violence to an HRA employee at the Euclid Job Center. Tr. 276:16-277:2; Pl.Exs. 227, 234, 235. P.E. was erroneously told that she and her son were ineligible for public benefits because they did not have green cards or Social Security numbers. Tr. 277:12-19. As to L.W., in May 2005 L.W. provided a “K-3 visa” (which demonstrates the existence of a pending 1-130 petition) and proof of domestic violence. Tr. 556:11-18; Pl.Ex. 76. By a notice dated May 31, 2005, HRA wrongly denied expedited issuance of food stamps benefits to L.W. “because of alien status.” Pl.Ex. 76. As to J.Z., in July 2004 J.Z. provided the receipt notice for her 1-130 petition and proof of domestic violence, but Mr. Gonzalez, an HRA employee at the Colgate Job Center, erroneously told her that these documents did not establish her immigration status and that she was therefore ineligible for public benefits. Tr. 207:4-7. In September 2004, Ms. White, another HRA employee at the Colgate Job Center, wrongly told J.Z., after reviewing the same documents, that she was ineligible for public benefits because she was not a citizen. Tr. 209:4-7. As to M.E., in September 2004 M.E. provided proof of pending 1-130 petitions for herself and her daughter and proof of domestic violence. Ms. Gonzalez, an HRA employee at the Hamilton Job Center, told M.E. that she did not know why she was receiving public assistance because she did not have a Social Security number or a green card. Tr. 141:6-142:8. A case note dated October 27, 2004 documents a reduction in benefits paid to M.E.’s family because M.E. and her daughter were perceived, erroneously, to be “not legal residence [sic] and we do not have proof of legal status.” Pl.Ex. 200. Later, in June 2005, after M.E.’s benefits had been restored, Ms. Gonzalez again told M.E. that her benefits would (wrongly) be discontinued, this time because she did not have a prima facie notice. Tr. 143:24-145:10. Ms. Gonzalez subsequently stated, erroneously, that a prima facie notice was required under the circumstances. Tr. 498:9-16. On or about July 2005, another HRA employee at the Hamilton Job Center, Mr. Hynes, repeated that error, wrongly telling M.E. that she needed a prima facie notice in order to be eligible for benefits. Tr. 145:11-146:14. In September 2005, after M.E.’s case was transferred to the Bushwick Job Center, Ms. Baptista, an HRA employee at that Center, told M.E. that she did not know why M.E. was getting public assistance, as she did not have a green card or a social security number. Tr. 147:2-8. In November or early December 2005, Ms. Wright, the Administrative Assistant to the Director of the Euclid Job Center, which was then handling M.E.’s case and had just reduced her benefits, wrongly stated that if M.E. did not have an immigration status that qualified her for a Social Security number, she was not eligible for public benefits. Tr. 503:11-504:2. As to M.A., in November 2005, Ms. Bon-illa, an HRA employee at the Crotona Job Center, erroneously told M.A. that she was ineligible for public benefits because she did not have a prima facie notice, even though she had provided her 1-130 receipt notice and proof of domestic violence. Tr. 252:4-253:2; Pl.Ex. 91A. A few days later, a different HRA employee, Ms. Delone, wrongly told M.A. that she was ineligible for public benefits until she had a green card. Tr. 254:10-17; Pl.Ex. 592 at C11708. As to W.J., in late 2002 an HRA employee at the Greenwood Job Center wrongly told W.J., who had presented proof of a pending 1-130 petition and proof of domestic violence, W.J. Decl. ¶ 12; PLEx. 990, that W.J. and her son were ineligible for public benefits because they did not have Social Security numbers, W.J. Decl. ¶ 16. As to C.W.S., who had an approved I-130 petition, Ms. Garcia, the Assistant to the Director of the Waverly Job Center, told C.W.S.’s representative that she (Ms. Garcia) had spoken with Ms. Adeno, the trainer at the welfare center, and that Ms. Adeno had (wrongly) determined that C.W.S. needed a prime facie notice in order to be eligible for benefits. Tr. 454:20-455:5. As further explained below, these numerous instances of wrongful denials with respect to battered aliens who were eligible for benefits under either an 1-360 or an 1-130 approach were likely the result, in material part, of a custom and practice on the part of HRA of failing to adequately train its personnel with respect to the eligibility for benefits of battered qualified aliens. Furthermore, battered qualified aliens were also unlawfully denied benefits in part because of the content of the City’s training materials and policy directives, which often misstated the eligibility requirements for battered qualified aliens. For example, in discussing battered qualified aliens’ eligibility for benefits, HRA’s training materials, until recently, totally ignored eligibility of applicants with approved or pending 1-130 petitions or with so-called “K” and “V” visas. Thus, HRA’s “April 2005 Monthly Staff Meeting Instructor’s Guide” defines a battered qualified alien solely as a person who has “filed a petition showing they are prima facie eligible for LPR status, under the Violence Against Women Act.” Pl.Ex. 469 at MKB01171-2. No other battered qualified aliens are mentioned. Id. at MKB01168-80. Similarly, HRA’s “April 2005 Training Release” defines a battered qualified alien solely as a person who has “filed a petition showing they are prima facie eligible for LPR status, under the Violence Against Women Act.” Pl.Ex. 464 at C12928. No other battered qualified aliens are mentioned. Id. at C12928-41. And HRA’s April and June 2005 “Trainer’s Manual” for its “new hires training” poses the question “What is the ‘battered alien’ provision?” and answers with reference only to battered aliens with approved I-360 petitions and those with a “prima facie case.” Ex. 468 at MKB01166-7. Battered aliens with 1-130 petitions or K or V visas are not mentioned. Id. Similarly, prior to 2002, the City’s alien eligibility desk aid, used as a reference by HRA workers, specified an “INS ‘Notice of Prima Facie Case’ ” as the only document that a battered qualified alien could provide to qualify for benefits. Pl.Ex. 498 at MKB01064. In 2002, the desk aid added to the list of permissible documentation an I-360 approval notice, Pl.Ex. 500 at MKB01220, but it was not until February 2005 that the desk aid further added to the list of permissible documentation a number of additional documents that are evidence of a pending or approved 1-130 or 1-360, such as certain “K” and “V” visas and employment authorization cards with certain codes. Pl.Ex. 515 at MKB01127. Moreover, the current City desk aid still leaves out documents that some battered qualified immigrants may offer as proof of their status, such as “V-3” visas. Pl.Ex. 515 at MKB01127. Also, the “Description of Status” column in the current City desk aid refers only to those battered aliens who “obtain[ ] ‘Notice of Prima Facie Case from USCIS’ or [are] found prima facie eligible under the Violence Against Women Act (VAWA).” Pl.Ex. 515 at MKB01127. The description column does not reference those with pending or approved 1-130 petitions or those with approved 1-360 VAWA self-petitions. Id. Likewise, a 2003 policy directive setting forth HRA’s domestic violence program requirements discusses only those battered qualified aliens who have been issued a “Notice of Prima Facie Case.” Pl.Ex. 507 at MKB01067. No mention is made of battered qualified aliens with VAWA approval notices or 1-130 family based petitions. Id. Another persistent problem exemplified by some of the instances discussed above is that, prior to the filing of this lawsuit, HRA policy memoranda and training materials stated that a Social Security number is required for the receipt of benefits, even though the State’s actual policy is that battered qualified aliens do not have to provide a Social Security number. Thus, for example, City Policy Directive 03-11-ELI stated that for non-working aliens “Furnishing a Social Security Number (SSN) is a condition of eligibility for Public Assistance (PA), Food Stamps (FS), and Medical Assistance (MA).” Pl.Ex. 504 at MKB01499. The form letter attached to the directive for furnishing to applicants also states that “all applicants and legally responsible relatives must provide a Social Security Number as a condition of eligibility for receipt of temporary assistance.” Pl.Ex. 504 at MKB01505. A VAWA self-petitioner, however, cannot obtain a Social Security number until her petition is approved, a process that ordinarily takes 14 to 18 months. Thus, even though the State’s actual policy is for VAWA self-petitioners to become eligible for benefits from the time they file their petition, the insistence of HRA employees that aliens furnish Social Security numbers has made it impossible for VAWA self-petitioners to obtain public benefits. Tr. 661:23-662:8; 646:14-16. In 2004, Paul Dichian, employed as a Temporary Assistant Specialist 2 at OTDA and, in that capacity, responsible for interpreting policy for local social service districts, Tr. 640:24-641:4, met with his supervisors at OTDA to discuss this problem. At that meeting, “[t]hey agreed to say that the domestic violence victims should receive benefits and that HRA should stop denying benefits because of their inability to obtain Social Security numbers and they should write a directive to their centers instructing them.” Tr. 664:17-21. He testified that “they agreed with me that it was an inappropriate denial of benefits and that the controlling regulation was not 351.2 but really should be 369.2.” Tr. 666:19-22. But in the end, rather than issuing their own written instructions to correct the problem, State officials orally instructed HRA to issue its own directive, reasoning that this is “a city problem.” Tr. 664:24-665:16. The City issued a new Social Security number policy bulletin, Policy Bulletin 04-171-ELI. Pl.Ex. 639. Although that policy bulletin acknowledges that battered immigrants with 1-130 petitions or VAWA self-petitions may be eligible for benefits even if they are denied a Social Security number until their petitions are approved, the title of the bulletin and the introductory paragraph only refer to those with an “approved prima facie determination.” Id. Moreover, there is nothing in the bulletin that makes clear an intent to reverse and rescind the pre-existing directive that a Social Security number is a prerequisite to receiving benefits. Id.; see also Tr. 690:20-691:7. Mr. Dichian testified that the City directive was seriously flawed and that he would not have approved it if he had seen it. Tr. 690:11-14. James Whe-lan, the Deputy Director of Policy, Procedures and Training, acknowledged that HRA needed to issue a revised policy memorandum on Social Security numbers and to provide additional training to its staff on this issue. Tr. 1246:7-1247:4. It was only after the issuance of this Court’s Order of February 16, 2006, that corrective measures were taken, and even then the new policy directives that were issued were not as explicit as they might have been in identifying the problem that 1-360 and 1-130 petitioners face in obtaining Social Security numbers and why this should not disqualify them for benefits. See PB # 06-63, attached as Ex. C to Supplemental Declaration of James Whe-lan (“Supp Whelan DecL”); PD # 06-10-ELI, attached as Ex. B to Supp. Whelan Deck; and PD # 06-15-ELI, attached as Ex. D to Supp. Whelan Deck Indeed, even at the time of the evidentiary hearing in this case, Ive Sisco, the HRA’s Director of Procedures for Public Assistance Medicaid and Food Stamps, who is responsible for drafting policies regarding alien eligibility, Tr. 967:11-15, 968:10-14, testified to her (erroneous) belief that a Social Security number is a requirement “at least at some point” to receive state-funded safety net assistance, Tr. 997:24-998:4. In addition to the problems caused by inadequate training, manuals, and directives, battered qualified aliens have also partly been unlawfully denied benefits because of flaws in the design of the City’s computer system, POS, specifically, the computer program used at HRA Job Centers to determine eligibility for federal and state benefits. Tr. 801:22-803:13. POS presents the HRA worker with a structured set of questions relevant to the applicant’s eligibility. Tr. 803:21-804:2. HRA workers interview applicants and input the relevant responses to POS’s queries. Tr. 803:1-13. Some of the information entered in POS is then forwarded to the State’s WMS computer system. Tr. 751:13-17. If the worker indicates that an applicant for benefits is not a U.S. citizen or national, POS launches the alien type determination script, which inquires about the applicant’s immigration status. Tr. 754:16-21. The script initially asks the worker to choose which “immigrant status option” describes the applicant’s immigration status. Id.; Pl.Ex. 579 at C11055. Until June 2006, there was no immigration status option for a battered qualified alien. Moreover, until November 2005, a worker could access the screen used to open a case for a battered qualified alien, Pl.Ex. 579 at C11098, only by choosing Option 9 (parolee for at least one year), Option 11 (legal permanent resident), or Option 12 (conditional entrant) from the first page of the alien type determination script (Pl.Ex. 579 at C11055), Tr. 756:21-757:8 — none of which accurately describes a battered qualified alien. After selecting any of these options, the worker is presented with a list of documents that the applicant may present to establish the chosen immigration status; but the list for each of those statuses does not include an approved 1-360 VAWA self-petition, the establishment of prima facie eligibility for an 1-360 VAWA self-petition, a receipt notice showing that an 1-360 VAWA self-petition is pending, or an 1-130 petition in any respect. Pl.Ex. 579 at C11064, C11068, C11069; Tr. 769:22-770-7, 770:24-771:2. Furthermore, until mid-March 2006, in order to open a case for a battered qualified alien in POS, an Alien number had to be entered. Tr. 1389:9-12; Pl.Ex. 579 at C11082. If an Alien number was not entered, the case would error out. Tr. 865:4-11; Pl.Ex. 579 at C11082. But not every battered qualified immigrant has an Alien number. Thus, for example, two clients of Reena Ganju, formerly a lawyer at Sanctuary for Families, were denied public benefits, or had their receipt of public benefits delayed, because they did not have Alien numbers or because their Alien numbers could not be located. Tr. 472:9-474:15. As of January 27, 2006, Michele Shepard, Director of the Design Team for POS, was unaware of any instructions for how to open a case for a battered qualified alien who did not have an Alien number. Tr. 1389:15-19. POS also did not advise workers that “two suffix cases” cannot be opened in POS and must be processed directly in WMS. Tr. 1360:16-18; Tr. 1094:3-19; see also Tr. 792:14-19. A case must have two suffixes if, inter alia, one person in the family is eligible for state public benefits and another is eligible for federal public benefits. Tr. 791:20-792:10, 856:25-857:3. HRA discovered these problems as a result of a call by a worker to its help desk in 2004. Tr. 758:6-11. But HRA did not even partially correct the problem until November 2005, a year later. Tr. 762:25-763:5. During the period after HRA discovered the problem, and before it implemented a partial correction, HRA notified its help desk that workers should be told to open a case for a battered qualified alien by choosing the “legal permanent resident” option. Tr. 758:6-10, 759:7-12. But this (rather dubious) “work-around” was not directly communicated to job center workers. Tr. 769:5-10. In November 2005, POS was modified to enable workers to reach the “battered qualified alien” screen, Pl.Ex. 579 at C11098, by selecting the “PRUCOL” or “undocumented” options on the first page of the alien type determination script (PI. Ex. 579 at C11055). Tr. 764:1-12. But a battered qualified alien is not a PRUCOL alien and is not “undocumented.” Furthermore, the PRUCOL flow presented the worker with a list of supporting documents the applicant can provide, but the list did not include an 1-360 VAWA self-petition or an 1-130 petition. Pl.Ex. 579 at C11075; Tr. 772:1-7. As a result of these problems, HRA workers were often unable to open a case in POS for a battered qualified alien. For example, in November 2004, an HRA worker, Ms. Morales, showed Ms. Ganju that POS did not have a category for VAWA self-petitioner. Tr. 395:13-19. In Summer 2005, another HRA worker, Mr. Gladly, of the Manhattan Immigrant and Refugee Center (Center 47), advised Ms. Ganju that although he knew that an applicant was eligible based on an approved VAWA self-petition, he, his colleagues, and his supervisors “could not input her proper immigration status into the computer.” Tr. 393:11-394:20. If, despite such problems, HRA workers manage to reach the “battered qualified alien” screen on POS, Pl.Ex. 579 at C11098, they are presented with a series of additional questions, to which they must answer “yes” or “no.” Until June 2006, a worker, to open a case for a battered qualified alien, had to answer “yes” to the question “Has the individual been granted a petition or have a petition pending with the INS that sets forth a ‘Prima Facie Case.’” Id.; Tr. 773:17-22. In actuality, applicants with a pending 1-130 do not have any such prima facie notice; but under the law they are nonetheless eligible for benefits. The screen, however, appears to require either an approved 1-130 or a prima facie notice. Pl.Ex. 579 at C11098. Furthermore, to satisfy POS as to eligibility, the worker had to answer “yes” to the question “Does there appear to be a substantial connection between the battery or extreme cruelty and the need for the benefits sought.” Pl.Ex. 579 at C11098. But until June 2006, POS provided no instructions regarding how a worker should make this determination. Tr. 778:10-25. In order to achieve what the law actually required, some workers deliberately “mis-coded” applicants as citizens or green card holders in order to open their cases. Mr. Gladly told Ganju that “caseworkers would oftentimes answer questions in a way that may not be truthful but would give [ ] the outcome that they thought was warranted.” Tr. 395:23-396:4. Several of the plaintiffs’ cases were miscoded: M.A. was coded as a citizen (“C”) prior to December 29, 2005 when her status was changed to battered alien (“B”), Pl.Ex. 557 at C10832; L.A.M. was also coded as a citizen (“C”); Pl.Ex. 556 at C110817; A.I. and her immigrant daughter were entered incorrectly as conditional entrants, Pl.Ex. 564 at C10028. But when an application is mis-coded, benefits may be discontinued at a later date if the recipient is unable to verify the immigration status wrongly entered into the computer. Tr. 391:14-25; 396:8-13. For example, in October 2004, the public assistance benefits for M.E., a plaintiff in this action, and her minor child were going to be discontinued because they had been miscoded in the computer as citizens. Tr. 398:13-399:13. HRA had notice of this problem. On or about June 30, 2005, Ms. Ganju contacted Elaine Witty, Executive Director of HRA’s Office of Immigrant and Refugee Affairs, about the case of R. J., a battered qualified immigrant with an 1-130 and proof of domestic violence. Tr. 397:13-24. Referring to a WMS computer printout for R.J.’s case, Witty stated that R.J. had been coded as a citizen. Tr. 397:24-398:3. Ms. Ganju testified that “[Witty] pointed this out and indicated that it was a problem that it may have been done to expedite the entry of this client’s immigration status into the computer in response to her request that the center act on this case, but unfortunately the immigration status was not that which the client actually possessed ____” Tr. 398:3-9. The inadequacies recounted above led not only to wrongful denials of benefits for battered qualified aliens but also to wrongful denials of benefits for PRUCOL aliens, who, as noted above, are eligible for state benefits even though they are non-qualified aliens and therefore ineligible for federal benefits. There was ample evidence presented to the Court that not only the City’s frontline eligibility workers but also the supervisory staff in the Job Centers are often completely unfamiliar with the rules governing the eligibility of PRUCOL aliens for benefits and fail to recognize the immigration documents that demonstrate this status. For example, HRA employees who were presented documents establishing a PRUCOL immigration status by Marieme Diongue, O.P., L.A.M., Khady Fofana, R.R., Lucia Rios, Christina Rios, Angelica Higinio, and J.R. failed to recognize that these individuals had shown an immigration situation that made them eligible for state benefits. As to Marieme Diongue, in March 2005, Ms. Swaby, an HRA employee at the Mel-rose Job Center, to whom Marieme Dion-gue had given a deferred action notice and a letter from Diongue’s attorney explaining the basis for her eligibility, Tr. 23:11-21, 24:10-22, 26:19-24; 64:3-11; Pl.Exs. 39, 40, 41, wrongly advised Ms. Diongue, after consulting with a supervisor, Tr. 28:11-17, 29:3-6, that Ms. Diongue was ineligible for public benefits, Tr. 30:3-6. Even after Ms. Diongue prevailed at a subsequent fair hearing and HRA was instructed by the State to reconsider her eligibility, Pl.Ex. 43, HRA sent Ms. Dion-gue a letter erroneously advising her that she was ineligible “due to [her] immigration status which is only temporary and work only,” Pl.Ex. 44. As to O.P., in May 2006 O.P. showed Ms. Castillo, an HRA employee at the Hamilton Job Center, her birth certificate, passport, deferred action notice, Social Security card, and employment authorization card. Tr. 353:12-20, 354:20-23; Pl.Exs. 98, 99. In response, Ms. Castillo wrongly told O.P. that she was ineligible for public benefits because she did not have a green card. Tr. 353:12-20, 354:20-23; 355:5-9; Pl.Exs. 98, 99, 592 at C11699. O.P. subsequently received a notice informing her that her application for public benefits was denied because she did not present verification of citizenship or lawful permanent residence. Tr. 355:10-12; Tr. 355:22-356:1; Pl.Ex. 101. A POS case note, dated May 18, 2005, stated that O.P. was not issued expedited food stamps because she was “illegal.” Pl.Ex. 592 at C11699. Subsequently, in August and October 2005, O.P. once again showed HRA employees the same documents, but was wrongly told that she was ineligible because she did not have a green card. Tr. 358:1-3; Tr. 359:16-25; Pl.Ex. 592 at C11699. A POS case note from August 27, 2005, refers to O.P. as “undocumented.” Pl.Ex. 592 at C11723. As to L.A.M., in the summer of 2005 L.A.M. presented her employment authorization card, which had been coded to indicate deferred action status, to Ms. Kirken-dall, an HRA employee at the Linden Job Center. Pl.Ex. 612; Declaration of L.A.M., dated Nov. 29, 2005 at ¶ 16. After consulting with her supervisor, Ms. Kirk-endall wrongly told L.A.M. that she was ineligible for public benefits because she was not a citizen and did not have a green card or a “prima facie.” L.A.M. Decl. ¶ 17. In October 2005, three more HRA employees examined L.A.M.’s employment authorization card and wrongly told her that she was ineligible because she was not a citizen or a green card holder. L.A.M. Decl. ¶¶ 23-24. As to Khady Fofana, in May 2005 and July 2005 Ms. Fofana provided her employment authorization card and Social Security card to Mr. Jean-Pierre, an HRA employee at the Manhattan Immigrant and Refugee Center. Mr. Jean-Pierre wrongly told Ms. Fofana that she was ineligible for public benefits without a decision from an immigration judge. Tr. 572:19-573:2; Pl.Exs. 116, 624, 592 at C11738, C11762. Subsequently, HRA formally, and wrongly, denied her application because she failed to verify her immigration status. Tr. 572:19-573:2; Pl.Exs. 116, 624, 592 at C11738, C11762. As to R.R., in the Spring and Summer of 2005 HRA employees at the Dyckman Job Center reviewed R.R.’s notice of deferred action and employment authorization card and wrongly told her that she was ineligible for public benefits. R.R. Decl. ¶¶ 10, 12, 14. In May 2005, one of those employees wrongly told R.R. that she was ineligible for benefits because she did not have a green card and had not been a green card holder for five years. R.R. Decl. ¶ 12. In August 2005, accompanied by Jami Johnson, a paralegal at Hughes Hubbard & Reed LLP, R.R. returned to Dyckman and gave her employment authorization card to Ms. Santiago, who then said repeatedly (and wrongly) that R.R. was not entitled to benefits. Tr. 605:1; Pl.Ex. 451A. As to Lucia Rios, in March 2005 Ms. Rios presented her deferred action notice, passport, Social Security card, and birth certificate to Ms. Atumi, an HRA employee at the Queens Job Center. Tr. 623:9-12. Both Ms. Atumi and her supervisor refused to recognize Ms. Rios’s deferred action notice, and both wrongly stated that Rios was ineligible for public benefits based on her immigration status. Tr. 623:9-12, 624:12-16. As to Christina Rios, in March 2005 Ms. Rios presented her deferred action notice, birth certificate, Social Security card, and passport to Ms. Harris, an HRA employee at the Queens Job Center. Tr. 626:11-14. Ms. Harris refused to recognize Ms. Rios’s deferred action notice and wrongly stated that Rios was ineligible for public benefits based on her immigration status. Tr. 626:15-19. Ms. Harris’s supervisor, Ms. Garcia, also erroneously advised Rios that she was ineligible for public benefits based on her immigration status. Tr. 626:20-627:10. As to Angelica Higinio, in March, April, and May 2005 Ms. Higinio presented her deferred action notice and employment authorization card to HRA employees at the Melrose Job Center. Higinio Decl. ¶ 18-21. Ms. De La Cruz, an HRA employee, and her supervisor both wrongly told Ms. Higinio that she had to be a permanent resident or citizen to be eligible for benefits. Higinio Decl. ¶¶ 18-19. Subsequently, Ms. Abelo and her supervisor, Ms. Charriez, of the Fordham Job Center, reviewed Ms. Higinio’s deferred action notice and employment authorization card and wrongly told her that those documents only permitted her to work, not to receive public benefits. Higinio Decl. ¶ 22. As to J.R., in November 2005, despite HRA’s having J.R.’s deferred action notice and employment authorization card in its files, HRA employees erroneously removed her from her family’s public benefits case, noting “no legal status in country only work permit.” Pl.Ex. 797, 792. PRUCOL aliens were also unlawfully denied benefits because of the content of HRA’s training materials and policy directives, which misstate the eligibility requirements for PRUCOL aliens. For example, HRA’s “April 2005 Monthly Staff Meeting Instructor’s Guide” states that only “qualified immigrants” are eligible for Safety Net Assistance (state public assistance) and does not indicate that PRUCOL aliens are also eligible for Safety Net Assistance. Pl.Ex. 469 at MKB01176. Similarly, HRA’s “April 2005 Training Release” states that “qualified immigrants” are eligible for Safety Net Assistance, PI. Ex. 464 at C12932, but does not mention PRUCOL aliens, id. at C12927-41. Until 2003, HRA’s alien eligibility desk aid did not contain a list of immigration statuses that are considered PRUCOL. Compare Pl.Ex. 502 at MKB01489 with Pl.Ex. 505 at MKB01516. Furthermore, OTDA and DOH have different interpretations of who is and is not PRUCOL, Tr. 712:12-13, but HRA’s desk aid does not explain these different interpretations, PI. Ex. 515 at MKB01129-32. Although the current HRA desk aid includes a broad category of individuals eligible for PRU-COL status — “Any other aliens living in the U.S. with knowledge and written permission of the USCIS and whose departure the agency does not contemplate enforcing,” Pl.Ex. 515 at MKB01131 — it does not explicitly list certain categories of PRUCOL aliens that DOH considers eligible for Medicaid. Compare Pl.Ex. 515 at MKB01129-32 with Pl.Ex. 539 at attachments B-l, B-2, D-l, D-3. For example, DOH policy is that applicants for adjustment of status whose applications USCIS has accepted as “properly filed” and applicants for asylum status (such as Khady Fofana) are PRUCOL aliens and therefore eligible for Medicaid. Pl.Ex. 539 at D-3, but the HRA desk aid does not list these categories, Pl.Ex. 515 at MKB01129-32. HRA had notice of this problem. In February 2003, an employee in HRA’s OIRA Office sent an e-mail to various City and State officials, including Mr. Dichian, stating “that the centers/workers need more specific guidance on PRUCOL eligibility .... This office has received a lot of inquiries from the centers and other program areas on the documentation necessary to establish PRUCOL status and eligibility for Safety Net Assistance. We have been unable to find any policy guidance on the required documentation to establish PRUCOL in the context of eligibility for Safety Net Assistance .... ” City Ex. MM at MKB-OTDA 10236. Mr. Dic-hian responded in an e-mail by providing a list of immigrants that OTDA considers PRUCOL. Id. at MKB-OTDA 10234-35. The flaws in City policy bulletins and policy directives previously discussed also apply to PRUCOL aliens. Since PRU-COL aliens are unable to obtain a Social Security number, these erroneous policy directives and training materials result in the denial of public benefits to many persons who are PRUCOL. Notably, HRA Policy Bulletin 04-171-ELI, which was intended to correct problems with an earlier, incorrect instruction that Social Security numbers are required to be eligible for state benefits, says nothing about PRU-COL aliens. Pl.Ex. 639. Mr. Dichian acknowledged that it was incorrect to exclude PRUCOL aliens on this basis, Tr. 685:21-686:22; that he knew of no policy reason for distinguishing between PRU-COL aliens and battered qualified aliens in this regard, Tr. 688:6-10; and that he knew of at least one PRUCOL alien (H.G.) who had been adversely affected by this problem, Tr. 687:25-688:2. PRUCOL aliens were also unlawfully denied benefits because of the flawed design of the City’s computer system, POS. In addition to those flaws previously discussed, POS provides separate lists of documentation that may be presented to establish PRUCOL status for purposes of Medicaid, Pl.Ex. 579 at C11070-74, and public assistance, Pl.Ex. 579 at C11075-79. But aside from the first document on each list, the lists are identical. Compare PL Ex. 579 at C11070 with PLEx. 579 at C11075. As a result, the POS PRUCOL-Medicaid screen fails to list certain documentation that, under State DOH policy, PLEx. 539, is sufficient to confer eligibility for Medicaid. In addition to all of the foregoing problems, HRA frequently fails to provide both battered qualified aliens and PRUCOL aliens with written notice when their applications for benefits have been denied, thus frequently leaving them uncertain as to how next to proceed. This problem was present in the cases of M.A., Nicole Prince, L.A.M., M.H., K.T., and Angela Higinio. As to M.A., on July 14, 2005 M.A. asked to be added to her child’s public assistance case. Tr. 244:12-21. M.A. received no written notice in response to this request. Tr. 250:19-20. As to Nicole Prince, on February 22, 2005, Pl.Ex. 803, and again in March 2005, Pl.Ex. 805, she asked to be added to her child’s case. Ms. Prince never received a written notice in response to either of her requests to be added to the case. Prince Deck ¶ 22. In addition, L.A.M., M.H., K.T., and Angela Higinio did not receive written notices in response to their requests to be added to their children’s public assistance cases. L.A.M. Deck ¶ 25; Higinio Deck ¶¶ 18-19, 21, 22; M.H. Deck ¶¶ 8-9; K.T. Deck ¶¶ 7, 9. Additionally, HRA does not always provide battered qualified aliens and PRU-COL aliens with written notice when an immigrant household applies for public benefits and a case is accepted for the citizen children and denied for the parents. In these cases, HRA only issues acceptance notices, but the notices do not state which family members were accepted and which were rejected. Although some versions of the acceptance notices have a space in which to write the name of persons denied benefits when other family member’s applications are accepted, HRA workers often do not fill in this space. These problems were present, for example, in the cases of Marieme Diongue, A.I., P.E., W.J., M.K.B., W.S., and M.T. As to Marieme Diongue, Ms. Diongue received a notice dated April 21, 2005 that stated that her family was accepted for public assistance, Medicaid, and food stamps. Pl.Ex. 45; see also Tr. 33:14-17. The notice (revision February 3, 2003) had a space in which to write the names of family members denied benefits, but Ms. Diongue’s name was not written in this space. Id. A budget printout shows, however, that only Ms. Diongue’s citizen daughter was accepted for public benefits, PhEx. 50 at MKB 07836, and that Ms. Diongue was rejected due to her alien status, id. at MKB07837. As to A.I., in March 12, 2004, HRA issued a notice on A.I.’s family’s case stating that the case was accepted. PhEx. 32. The notice did not state who in the family was accepted, id., even though, in fact, HRA had accepted the citizen child’s application but denied A.I. and her immigrant child’s applications, Tr. 104:9-11. Furthermore, the notice (revision February 2003) did not contain a space in which workers could indicate who was accepted and who was denied. Pl.Ex. 32. As to P.E., in November 2003 P.E. received two notices accepting her family’s public benefits case. Pl.Exs. 258, 259. The first notice, dated November 7, 2003, accepted the case for food stamps but did not state which family members were accepted for benefits and which were rejected, Pl.Ex. 259, even though, in fact, P.E. and her immigrant child E.E. were denied food stamps. The second notice, dated November 22, 2003, stated that the case was accepted for public assistance, food stamps, and Medicaid. Pl.Ex. 258. That notice (revision January 24, 2001) did not have a space in which to indicate which family members were denied public assistance or food stamps but did have a space in which to indicate which family members were denied Medicaid. PhEx. 258. Although P.E. and É.E.’s names were not written in that space, id., they did not receive Medicaid benefits, Tr. 277:8-278:18. And P.E. never received a separate notice stating that she and E.E. were denied benefits. Tr. 280:20-23. As to W.J., in February 2003 W.J. received a notice from the Greenwood Job Center stating that her family’s benefits case had been accepted. PhEx. 991. The notice did not state which family member’s applications were accepted or denied, id., even though W.J. and her immigrant child K.M. were in fact denied public benefits and only her citizen children were accepted. W.J. Decl. ¶¶ 12, 15-16. The notice (revision January 24, 2001) did not have space in which to indicate which family members were denied public assistance or food stamps, but did have space in which to indicate which family members were denied Medicaid, and this space was left blank. Pl.Ex. 991. W.J. never received a written notice stating that she and her immigrant child were denied benefits. W.J. Decl. ¶¶ 12,15-16. As to M.K.B., in October 2005 M.K.B. received a notice stating that her case had been accepted for public assistance and Medicaid. PLEx. 765. The notice did not inform M.K.B. that only her citizen child would be receiving assistance and that she and her two older children would not be receiving benefits. Id. The notice (revision May 2005) had a space in which to indicate which family members were denied benefits, but all the spaces were left blank, id. The same problem arose with M.K.B.’s food stamps ease. The notice (revision date May 2005), dated October 20, 2005, indicated that the application was approved, and included a space in which to indicate which family members were denied benefits, but it was left blank, M.K.B. Decl. Ex. M, even though M.K.B. and her immigrant children were denied food stamps. M.K.B. never received a written notice informing her that she was denied benefits. M.K.B. Decl. ¶ 11. As to W.S., a notice dated April 14, 2005, was issued to W.S. stating that, her family’s public assistance, Medicaid, and food stamp case was accepted. W.S. Decl. Ex. F. The notice (revision February 2003) had a space in which to indicate which family members were accepted and which were denied for each type of benefit. Id. Those spaces were all left blank, even though W.S.’s child was accepted for all benefits and W.S. was accepted only for public assistance and Medicaid. W.S. Decl. ¶ 23; see also Tr. 405:2-24, 424:23-425:10. As to M.T., in August 2002 M.T. applied at the Hamilton Job Center for benefits for herself and her two children. M.T. Decl. ¶ 12. Subsequently, her two children were approved for benefits, but the center denied benefits to M.T. because of her immigration status. Id. The notice approving benefits for her children did not address M.T.’s application, and she never received a written notice of the denial of her application. M.T. Decl. ¶ 12; Pl.Ex. 938. As noted, some of the wrongful denials described above were partly based on the misperception that anyone who had not been a lawful resident for five years could not qualify for benefits. In addition to this being a wrongful ground for denial in the case of battered qualified aliens and PRU-COL aliens, it was also the basis for wrongful denials in other cases. For example, Galina Rybalko became a qualified alien in April 2000, Pl.Ex. 173; received her green card in June 2003, Pl.Ex. 173; became eligible for food stamps in April 2005, five years after she became a qualified alien, but was wrongly denied same, because the City failed to add together the time in which she was a parolee and the time she had been a lawful permanent resident, Tr. 325:20-326:17, 329:13-330:8. The fact that the numerous problems evidenced above were not only frequent but also were the result of HRA customs and usages is shown, among other ways, by the fact that HRA policy makers, such as Elaine Witty, Ivelia Sisco, Cecile Noel and Jane Corbett, were aware that HRA workers were having difficulty appropriately handling the cases of battered qualified aliens, certain lawful permanent residents, and PRUCOL aliens, and yet took little action to correct the problems. Elaine Witty, Director of OIRA, is responsible for overseeing all of HRA’s “refugee, immigrant, and limited English-speaking ability (LESA) policies and implementing a comprehensive set of strategies to ensure equal access and effective services to LESA and refugee/immigrant clients.” Pl.Ex. 889. Ivelia Sisco has been the director of procedures for public assistance, Medicaid and food stamps for five years. Tr. 967:11-15. In that capacity, she has primary responsibility for developing procedures relating to immigrant eligibility for public assistance, food stamps, and Medicaid. Tr. 968:10-14. On more than one occasion in the last two years Elaine Witty told Ivelia Sisco that immigrants were being denied public benefits because workers do not understand the eligibility rules. Tr. 971:4-14. Ms. Sisco, in turn, shared this information with the participants in the weekly Office of Procedures and Training managers’ meeting. Tr. 971:15-18. Ms. Witty also knew that “workers have trouble identifying immigration documents,” Tr. 921:18-21, and