How Much Money Can An Illegal Immigrant Get Per Month From Government

Overview of Immigrant Eligibility for Federal Programs

Updated October 2021

By Tanya Broder, Gabrielle Lessard, and Avideh Moussavian

The major federal public benefits programs accept long excluded some non–U.S. citizens from eligibility for assistance. Programs such every bit the Supplemental Nutrition Assistance Program (SNAP, formerly known as the Nutrient Stamp Program), nonemergency Medicaid, Supplemental Security Income (SSI), and Temporary Help for Needy Families (TANF) and its precursor, Help to Families with Dependent Children (AFDC), were largely unavailable to undocumented immigrants and people in the United States on temporary visas.

Nonetheless, the 1996 federal welfare and immigration laws introduced an unprecedented era of restrictionism.^[i] Prior to the enactment of these laws, lawful permanent residents of the U.S. mostly were eligible for assistance in a manner like to U.S. citizens. Once the laws were implemented, virtually lawfully residing immigrants were barred from receiving assistance under the major federal benefits programs for 5 years or longer.

Even where eligibility for immigrants was preserved by the 1996 laws or restored past subsequent legislation, many immigrant families hesitate to enroll in disquisitional health care, job-training, diet, and cash assistance programs due to fright and defoliation caused by the laws' complexity and other intimidating factors. Every bit a effect, the participation of immigrants in public benefits programs decreased sharply after passage of the 1996 laws, causing severe hardship for many depression-income immigrant families who lacked the support available to other low-income families.^[two]

Efforts to address the spooky effects and confusion have continued since that time. The Trump assistants'due south exclusionary policies compounded the problem, making it even more difficult to ensure that eligible immigrants and their family unit members would secure services.

This commodity focuses on eligibility and other rules governing immigrants' admission to federal public benefits programs. Many states have attempted to fill up some of the gaps in noncitizen coverage resulting from the 1996 laws, either by electing federal options to cover more than eligible noncitizens or past spending state funds to embrace at least some of the immigrants who are ineligible for federally funded services.

In determining an immigrant'south eligibility for benefits, it is necessary to understand the federal rules every bit well as the rules of the state in which an immigrant resides. Updates on federal and state rules are available on NILC's website.^[iii]

Immigrant Eligibility Restrictions

Categories of Immigrants: "Qualified" and "Not Qualified"

The 1996 welfare law created ii categories of immigrants for benefits eligibility purposes: "qualified" and "not qualified." Reverse to what these names suggest, the constabulary excluded many people in both groups from eligibility for many benefits, with a few exceptions. The "qualified" immigrant category includes:

lawful permanent residents, or LPRs (people with green cards)
refugees, people granted aviary or withholding of deportation/removal, and conditional entrants
people granted parole by the U.S. Department of Homeland Security (DHS) for a menstruation of at to the lowest degree one year
Cuban and Haitian entrants
certain driveling immigrants, their children, and/or their parents^[4]
sure survivors of trafficking^[5]
individuals residing in the U.Due south. pursuant to a Compact of Free Association (COFA) (for Medicaid purposes only)^[six]

All other immigrants, including undocumented immigrants, as well every bit many people who are lawfully present in the U.South., are considered "not qualified."^[7]

In the years since the initial definition became constabulary, in that location have been a few expansions of admission to benefits. In 2000, Congress established a new category of noncitizens — survivors of trafficking — who are eligible for federal public benefits to the same extent as refugees, regardless of whether they accept a qualified immigrant status.^[8] In 2003, Congress clarified that "derivative beneficiaries" listed on trafficking survivors' visa applications (spouses and children of adult trafficking survivors; spouses, children, parents, and minor siblings of kid survivors) also may secure federal benefits.^[ix] By 2009, Iraqis and Afghans granted Special Immigrant visas similarly became eligible for benefits to the same extent as refugees.^[10] In 2021, Congress extended the same benefits eligibility to certain Afghans paroled into the U.Southward.^[eleven] And in 2020, Congress declared that, for Medicaid purposes only, citizens of Micronesia, Republic of the marshall islands, and Palau who reside in the U.Southward. pursuant to a Compact of Free Clan (COFA migrants) would exist considered "qualified" immigrants.^[12]

Federal Public Benefits More often than not Denied to "Not Qualified" Immigrants

With some of import exceptions detailed below, the police prohibits non-qualified immigrants from enrolling in most "federal public benefit programs."^[13] Federal public benefits include a variety of prophylactic-net services paid for by federal funds.^[xiv] But the welfare police force's definition does non specify which programs are covered past the term, leaving that clarification to each federal do good–granting agency. In 1998, the U.S. Department of Wellness and Human being Services (HHS) published a observe clarifying which of its programs fall nether the definition.^[15] The list of 31 HHS programs includes Medicaid, the Children's Health Insurance Program (CHIP), Medicare, TANF, Foster Care, Adoption Assistance, the Child Intendance and Evolution Fund, and the Low-Income Home Free energy Help Plan. Whatever new programs must be designated equally federal public benefits in society to trigger the associated eligibility restrictions and, until they are designated equally such, should remain open to broader groups of immigrants.

The HHS notice clarifies that not every benefit or service provided inside these programs is a federal public benefit. For instance, in some cases not all of a program's benefits or services are provided to an individual or household; they may extend, instead, to a customs of people — equally in the weatherization of an entire flat edifice.^[sixteen]

The welfare law as well attempted to force states to laissez passer additional laws, after August 22, 1996, if they cull to provide state public benefits to certain immigrants.^[17] Such micromanagement of state affairs by the federal government is potentially unconstitutional nether the Tenth Subpoena.^[18]

Exceptions to the Restrictions

The law includes important exceptions for certain types of services. Regardless of their immigration status, not-qualified immigrants are eligible for emergency Medicaid^[nineteen] if they are otherwise eligible for their state'due south Medicaid plan.^[twenty] The law does non restrict access to public health programs that provide immunizations and/or treatment of communicable disease symptoms (whether or not those symptoms are acquired by such a illness). School breakfast and lunch programs remain open to all children regardless of clearing status, and every state has opted to provide access to the Special Supplemental Nutrition Program for Women, Infants and Children (WIC).^[21]

Short-term noncash emergency disaster assistance remains bachelor without regard to immigration status. Also exempted from the restrictions are other in-kind services necessary to protect life or safety, as long as no individual or household income qualification is required. In 2001, the U.S. attorney full general published a final society specifying the types of benefits that meet these criteria. The attorney general's listing includes child and adult protective services; programs addressing weather emergencies and homelessness; shelters, soup kitchens, and meals-on-wheels; medical, public health, and mental health services necessary to protect life or safety; disability or substance corruption services necessary to protect life or safety; and programs to protect the life or safety of workers, children and youths, or community residents.^[22]

Verification Rules

When a federal agency designates a plan equally a federal public benefit foreclosed to not-qualified immigrants, the law requires the state or local agency to verify the clearing and citizenship condition of all program applicants. However, many federal agencies have not specified which of their programs provide federal public benefits. Until they practice, state and local agencies that administer the programs are not obligated to verify the immigration status of people who apply for them.

And under an important exception contained in the 1996 immigration law, nonprofit charitable organizations are not required to "make up one's mind, verify, or otherwise require proof of eligibility of whatsoever applicant for such benefits." This exception relates specifically to the immigrant benefits restrictions in the 1996 welfare and immigration laws.^[23]

Eligibility for Major Federal Benefit Programs

Congress restricted eligibility even for many qualified immigrants by arbitrarily distinguishing between those who entered the U.S. before or "on or after" the appointment the police force was enacted, August 22, 1996. The law barred most immigrants who entered the U.S. on or afterwards that date from "federal means-tested public benefits" during the five years afterwards they secure qualified immigrant status.^[24] This waiting period is frequently referred to equally the five-yr bar. Federal agencies antiseptic that the "federal means-tested public benefits" are Medicaid (except for emergency services), CHIP, TANF, SNAP, and SSI.^[25]

TANF, Medicaid, and Scrap

States can receive federal funding for TANF, Medicaid, and Fleck to serve qualified immigrants who take completed the federal five-year bar.^[26] Refugees, people granted asylum or withholding of deportation/removal, Cuban/Haitian entrants, sure Amerasian immigrants,^[27] Iraqi and Afghan Special Immigrants, and survivors of trafficking are exempt from the five-year bar, as are qualified immigrants who are veterans or active duty military and their spouses and children. In add-on, children who receive federal foster care and COFA migrants are exempt from the 5-twelvemonth bar in the Medicaid program.

Over half of united states of america have used state funds to provide TANF, Medicaid, and/or Flake to some or all of the immigrants who are subject to the five-year bar on federally funded services, or to a broader group of immigrants.^[28] Several states or counties provide health coverage to children or pregnant persons regardless of their immigration status.

In 2009, when Congress first reauthorized the CHIP program, states were granted an option to provide federally funded Medicaid and Flake to "lawfully residing" children and/or meaning persons regardless of their date of entry into the U.S.^[29] Xxx-five states plus the Commune of Columbia (as of July 2021) have opted to take reward of this federal funding for immigrant health care coverage,^[thirty] which became bachelor on April one, 2009.

Seventeen states plus the District of Columbia use federal funds to provide prenatal care regardless of clearing status, under the Scrap programme's option enabling states to enroll fetuses in CHIP. Thus the pregnant person's fetus is technically the recipient of Scrap-funded services. This approach potentially limits the scope of services available to the pregnant person to those directly related to the fetus's wellness.

The Commune of Columbia, New Jersey, and New York provide prenatal care to women regardless of immigration status, using state or local funds.

Although the federal wellness intendance reform police, known as the Affordable Care Act (ACA),^[31] did not alter immigrant eligibility for Medicaid or CHIP, information technology provided new pathways for lawfully present immigrants to obtain health insurance. Coverage purchased in the ACA'due south health insurance marketplaces is available to lawfully present noncitizens whose clearing status makes them ineligible for Medicaid.^[32]

SNAP

Although the 1996 constabulary severely restricted immigrant eligibility for the Supplemental Diet Help Program (SNAP, formerly known as the Food Stamp Program), subsequent legislation restored access for many immigrants. Qualified immigrant children, refugees, people granted asylum or withholding of deportation/removal, Cuban/Haitian entrants, sure Amerasian immigrants, Iraqi and Afghan Special Immigrants, survivors of trafficking, qualified immigrant veterans, active duty military machine and their spouses and children, lawful permanent residents with credit for forty quarters of work history, sure Native Americans, lawfully residing Hmong and Laotian tribe members, and immigrants receiving disability-related aid are eligible regardless of their appointment of entry into the U.S.^[33] Qualified immigrant seniors who were born before Baronial 22, 1931, may exist eligible if they were lawfully residing in the U.S. on August 22, 1996. Other qualified immigrant adults, withal, must wait until they have been in qualified status for five years before they can secure critical diet aid.

Six states — California, Connecticut, Illinois, Maine, Minnesota, and Washington — provide state-funded diet help to some or all of the immigrants who were rendered ineligible for the federal SNAP plan.^[34]

SSI

Congress imposed its harshest restrictions on immigrant seniors and immigrants with disabilities who seek help under the SSI programme.^[35] Although advocacy efforts in the two years following the welfare law'due south passage achieved a partial restoration of these benefits, pregnant gaps in eligibility remain. For case, SSI continues to exclude not-qualified immigrants who were non already receiving the benefits, too as most qualified immigrants who entered the country after the welfare law passed and seniors without disabilities who were in the U.South. before that appointment.^[36]

"Humanitarian" immigrants (including refugees, people granted asylum or withholding of deportation/removal, Amerasian immigrants, Cuban and Haitian entrants, Iraqi and Afghan Special Immigrants, and survivors of trafficking) can receive SSI, simply only during the first seven years later on having obtained the relevant status. The chief rationale for the vii-year time limit was that it was intended to provide a sufficient opportunity for humanitarian immigrant seniors and those with disabilities to naturalize and retain their eligibility for SSI as U.S. citizens. However, a combination of factors, including immigration backlogs, processing delays, former statutory caps on the number of asylees who can suit their immigration condition, language barriers, and other obstacles, made information technology impossible for many of these individuals to naturalize within seven years. Although Congress enacted an extension of eligibility for refugees who faced a loss of benefits due to the seven-year time limit in 2008, that extension expired in 2011.^[37] Subsequent attempts to reauthorize the extension were unsuccessful, and the termination from SSI of thousands of seniors and people with disabilities continues.

Five states — California, Hawaii, Illinois, Maine, and New Hampshire — provide greenbacks assistance to certain immigrant seniors and people with disabilities who were rendered ineligible for SSI; some others provide much smaller general assist grants to these immigrants.

The Impact of Sponsorship on Eligibility

Under the 1996 welfare and immigration laws, family members and some employers eligible to file a petition to help a person immigrate must go financial sponsors of the immigrant by signing a contract with the regime (an affidavit of support). Under the enforceable affidavit (Class I-864), the sponsor promises to support the immigrant and to repay certain benefits that the immigrant may use.

Congress imposed additional eligibility restrictions on immigrants whose sponsors sign an enforceable affidavit of back up. When an agency is determining a lawful permanent resident's financial eligibility for TANF, SNAP, SSI, nonemergency Medicaid, or CHIP,^[38] in some cases the law requires the agency to "deem" the income of the immigrant's sponsor or the sponsor'south spouse as bachelor to the immigrant. The sponsor'south income and resources are added to the immigrant's, which oftentimes disqualifies the immigrant as over-income for the program. The 1996 laws imposed deeming rules in sure programs until the immigrant becomes a citizen or secures credit for twoscore quarters (approximately 10 years) of work history in the U.Southward.

Domestic violence survivors and immigrants who would get hungry or homeless without assistance ("indigent" immigrants) are exempt from sponsor deeming for at to the lowest degree 12 months.^[39] Some programs apply additional exemptions from the sponsor-deeming rules.^[twoscore] The U.S. Department of Agronomics (USDA) has issued helpful guidance on the indigence exemption and other deeming and liability problems.^[41]

Across Eligibility: Overview of Barriers That Impede Access to Benefits for Immigrants

Defoliation well-nigh Eligibility

Confusion well-nigh eligibility rules pervades do good agencies and immigrant communities. The confusion stems from the circuitous interaction of the immigration and welfare laws, differences in eligibility criteria for various country and federal programs, and a lack of adequate grooming on the rules as clarified by federal agencies. Consequently, many eligible immigrants have assumed that they should not seek services, and eligibility workers have turned away eligible immigrants mistakenly.

Fear of Being Considered a Public Charge

The immigration laws allow officials to deny an awarding for lawful permanent residence or to deny a noncitizen entry into the U.S. if the authorities determine that the person is "probable to go a public accuse."^[42] In deciding whether an immigrant is probable to become a public charge, immigration or consular officials review the "totality of the circumstances," including the person'due south health, age, income, pedagogy and skills, employment, family unit circumstances, and, most chiefly, the affidavits of support.

The misapplication of this public charge basis of inadmissibility immediately afterwards the welfare police passed contributed significantly to the chilling effect on immigrants' admission to services. The law on public charge did not alter in 1996, and utilise of programs such equally Medicaid or SNAP had never weighed heavily in determining whether individuals were inadmissible under the public charge ground.

Confusion and fright virtually these rules, however, became widespread.^[43] Immigrants' rights advocates, wellness care providers, and land and local governments organized to persuade federal agencies to clarify the limits of the rules. In 1999, the Immigration and Naturalization Service (INS, whose functions were subsequently assumed by the Department of Homeland Security, or DHS) issued helpful guidance and a proposed regulation on the public charge doctrine.^[44] The guidance clarifies that receipt of health care and other noncash benefits will not jeopardize the immigration status of recipients or their family unit members by putting them at risk of being considered a public charge.^[45]

The Trump administration attempted to alter these rules dramatically by issuing rules that would arrive much more than hard for low- and centre-income families to immigrate, and that profoundly exacerbated the spooky effect on access to services. Multiple courts found that the rules were likely unlawful. The Biden administration dismissed the appeals of these decisions, allowed an lodge vacating the DHS dominion to take event, and formally withdrew the prior administration's DHS public charge rule. It has appear its intention to promulgate new public charge rules. In the meantime, the principles articulated in the 1999 Field Guidance govern public charge decisions.

Particularly given these developments, widespread confusion and business organization about the public charge rules remain, deterring many eligible immigrants from seeking critical services.^[46]

Requirement of Affidavits of Support

The 1996 laws enacted rules that make information technology more difficult to immigrate to the U.S. to reunite with family members. Constructive December xix, 1997, relatives (and some employers) who sponsor an immigrant have been required to run into strict income requirements and to sign a long-term contract, or affidavit of support (USCIS Grade I-864), promising to maintain the immigrant at 125 percent of the federal poverty level and to repay any means-tested public benefits the immigrant may receive.^[47]

The specific federal benefits for which sponsors may be liable accept been defined to exist TANF, SSI, SNAP, nonemergency Medicaid, and CHIP. Regulations about the affidavits of back up issued in 2006 make articulate that states are not obligated to seek reimbursement from sponsors and that states cannot collect reimbursement for services used prior to issuance of public notification that the services are considered means-tested public benefits for which sponsors volition be liable.^[48]

About states have not designated which programs would give rise to sponsor liability, and, for various reasons, agencies generally take not attempted to seek reimbursement from sponsors. Even so, the specter of making their sponsors liable financially has deterred eligible immigrants from applying for critical services.

Language Access

Many immigrants confront significant linguistic and cultural barriers to obtaining benefits. Equally of 2019, approximately 22 percent of the U.S. population (v years of age and older) spoke a language other than English language at home.^[49] Although 97 percent of long-term immigrants to the U.S. eventually learn to speak English well,^[50] many are in the process of learning the linguistic communication, and around eight.2 percent of people living in the U.S. speak English less than very well.^[51] These limited–English adept (LEP) residents cannot finer apply for benefits or meaningfully communicate with a health care provider without language assist.

Title Vi of the Civil Rights Deed of 1964 and its implementing regulations prohibit recipients of federal funding from discriminating on the ground of national origin, which has been interpreted to prohibit discrimination based on linguistic communication. Do good agencies, wellness care providers, and other entities that receive federal fiscal aid are required to take "reasonable steps" to assure that people who are LEP have "meaningful access" to federally funded programs, simply compliance with this law varies widely, and language admission remains a challenge.^[52]

Department 1557 of the Affordable Care Act prohibits bigotry on the basis of race, colour, national origin, sex, age, or disability in wellness programs or activities that receive federal funding or are administered by an executive bureau or whatsoever entity established nether Title I of the ACA, which created the health insurance marketplaces such every bit HealthCare.gov.^[53]

Regulations finalized in 2020 rolled back aspects of section 1557'due south implementation, every bit provided in 2016 regulations, including narrowing the telescopic of its coverage and some specific provisions related to language admission. The Biden administration has indicated that it will propose new regulations in the spring of 2022.^[54]

Verification

Rules that crave do good agencies to verify applicants' clearing or citizenship status have been misinterpreted past some agencies, leading some to demand immigration documents or Social Security numbers (SSNs) in situations when applicants are not required to submit such data.

In 1997, the U.S. Department of Justice (DOJ), the department primarily responsible for implementing and enforcing immigration laws prior to the creation of DHS in 2002, issued interim guidance for federal benefit providers to use in verifying immigration status.^[55] The guidance, which remains in result, directs benefit agencies already using the Systematic Alien Verification for Entitlements (SAVE) process to continue to do so.^[56] Previously, the use of Relieve in the SNAP plan was an option that could be exercised by each state, but the 2014 Farm Bill mandated that SAVE be used in SNAP nationwide.^[57]

However, important protections for immigrants who are subject area to verification remain in place. Applicants for major benefits are guaranteed a "reasonable opportunity" to provide requested immigration documents, including, in some cases, receipts confirming that the person has applied for replacement of lost documents. In the federal programs that are required by law to utilise Save, applicants who declare that they have a satisfactory status and who provide documents within the reasonable opportunity period should remain eligible for help while verification of their condition is pending. And information submitted to the Salve system may not exist used for ceremonious immigration enforcement purposes.

The 1997 guidance recommends that agencies brand decisions virtually financial and other eligibility factors before asking an bidder for information nigh their immigration status.

Questions on Application Forms

Federal agencies accept worked to reduce the chilling effect of immigration status–related questions on benefit applications. In 2000, HHS and USDA issued a "Tri-Agency Guidance" certificate, recommending that states delete from benefit applications questions that are unnecessary and that may chill participation by immigrant families.^[58] The guidance confirms that only the immigration status of the applicant for benefits is relevant. Information technology encourages states to allow family or household members who are not seeking benefits to be designated as nonapplicants early in the application procedure. Similarly, nether Medicaid, TANF, and SNAP, just the applicant must provide a Social Security number. In 2011, the USDA issued a memo instructing states to utilize these principles in their online application procedures.^[59]

SSNs are non required for people seeking just emergency Medicaid.^[60]

In 2001, HHS said that states providing Bit through separate programs (rather than through Medicaid expansions) are authorized, but not obligated, to require SSNs on their Chip applications.^[61]

Reporting to the Department of Homeland Security

Some other mutual source of fear in immigrant communities stems from a 1996 provision that requires benefits-administering agencies to study to DHS people who the agencies know are not lawfully present in the U.Southward. This requirement is, in fact, quite narrow in scope.^[62] It applies only to three programs: SSI, certain federal housing programs, and TANF.^[63]

In 2000, federal agencies outlined the limited circumstances nether which the reporting requirement is triggered.^[64] Simply people who are actually seeking benefits (non relatives or household members applying on their behalf) are subject area to the reporting requirement. Agencies are not required to written report such applicants unless there has been a formal determination, subject to authoritative review, on a claim for SSI, public housing, or TANF. The conclusion that the person is unlawfully present besides must be supported by a determination by the immigration regime, "such as a Final Order of Deportation."^[65] Findings that do not meet these criteria (e.g., a DHS response to a Relieve computer inquiry indicating an immigrant'south status, an oral or written admission by an applicant, or suspicions of agency workers) are insufficient to trigger the reporting requirement. Agencies are not required to submit reports to DHS unless they have knowledge that meets the above requirements. Finally, the guidance stresses that agencies are not required to make immigration status determinations that are not necessary to confirm eligibility for benefits.

There is no federal reporting requirement in health programs. To address the concerns of eligible citizens and immigrants in mixed–clearing status households, the DHS issued a memo in 2013 confirming that data submitted by applicants or family members seeking Medicaid, Flake, or health care coverage under the Affordable Care Act would not be used for ceremonious immigration enforcement purposes.^[66]

Looking Ahead

The 1996 welfare police force produced precipitous decreases in public benefits participation by immigrants. Proponents of welfare "reform" saw that fact as prove of the law's success, noting that a reduction of welfare utilize, especially among immigrants, was precisely what the legislation intended. The wisdom of these restrictions increasingly has been called into question, including the unfairness of excluding immigrants from programs that are supported past their taxes.

During the COVID-nineteen pandemic, many states and localities recognized that they could not protect the health and condom of their residents unless everyone in the community had access to wellness intendance, rubber working conditions, and economical support. Numerous jurisdictions offered short-term disaster assistance, stimulus payments, or other relief to individuals who were excluded from federal economical impact payments and unemployment insurance programs. Some offered tax credits or basic income to a subset of residents regardless of their immigration status.

These efforts, while helpful, were non sufficient to run into the demand or to address the longstanding racial disparities in admission to care, support, and opportunities. Understanding that our lives, wellness, and economic security are interconnected, policymakers are exploring new strategies for ensuring that all customs members can thrive.

This article, "Overview of Immigrant Eligibility for Federal Programs," is periodically updated as new developments warrant. The edition published immediately prior to this July 2021 edition was dated Dec 2015.

NOTES

[1] Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (hereinafter "welfare law"), Pub. 50. No. 104– 193, 110 Stat. 2105 (Aug. 22, 1996); and Illegal Immigration Reform and Immigrant Responsibleness Act of 1996 (hereinafter "IIRIRA"), enacted as Partitioning C of the Defense Department Appropriations Act, 1997, Pub. L. No. 104–208, 110 Stat. 3008 (Sept. thirty, 1996).

[2] Michael Fix and Jeffrey Passel, The Scope and Affect of Welfare Reform'south Immigrant Provisions (Discussion Paper No. 02-03) (The Urban Institute, January. 2002), world wide web.urban.org/research/publication/scope-and-bear upon-welfare-reforms-immigrant-provisions.

[3] Guide to Immigrant Eligibility for Federal Programs update folio, www.nilc.org/updatepage/.

[four] To be considered a "qualified" immigrant under the battered spouse or child category, the immigrant must have an approved visa petition filed by a spouse or parent, a self-petition under the Violence Confronting Women Act (VAWA) that has been canonical or sets along a prima facie case for relief, or an approved application for cancellation of removal under VAWA. The spouse or child must have been battered or subjected to extreme cruelty in the U.S. by a family member with whom the immigrant resided, or the immigrant's parent or child must accept been subjected to such treatment. The immigrant must too demonstrate a "substantial connexion" between the domestic violence and the need for the benefit being sought. And the battered immigrant, parent, or kid must not be living with the abuser. While many people who have U visas have survived domestic violence, they are not considered qualified battered immigrants under this definition.

[5] Survivors of trafficking and their derivative beneficiaries who obtain a T visa or whose application for a T visa sets forth a prima facie case are considered "qualified" immigrants. This group was added to the definition of "qualified" past the William Wilberforce Trafficking Victims Protection Reauthorization Human action of 2008, Pub. 50. 110–457, § 211 (December. 23, 2008).

[6] viii U.S.C. § 1641(b)(8).

[7] Throughout the remainder of this article, qualified will be understood to have this particular meaning, every bit will not-qualified; they will not exist enclosed in quotation marks.

Earlier 1996, some of these immigrants were served by benefit programs under an eligibility category called "permanently residing in the U.S. under color of law" (PRUCOL). PRUCOL is not an immigration condition, simply a benefit eligibility category that has been interpreted differently depending on the benefit program and the region. Generally, it means that the U.S. Section of Homeland Security (DHS) is aware of a person's presence in the U.Southward. but has no plans to deport or remove them from the country. A few states, including California and New York, keep to provide services to immigrants meeting this definition, using state or local funds.

[8] The Victims of Trafficking and Violence Protection Act of 2000, Pub. 50. No. 106–386, § 107 (October. 28, 2000). Federal agencies are required to provide benefits and services to individuals who accept been subjected to a "severe class of trafficking in persons" to the same extent as refugees, without regard to their immigration status. To receive these benefits, the survivor must be either nether 18 years of age or certified by the U.South. Department of Health and Human Services (HHS) equally willing to assist in the investigation and prosecution of severe forms of trafficking in persons. In the certification, HHS confirms that the person either (a) has made a bona fide application for a T visa that has not been denied, or (b) is a person whose continued presence in the U.S. is beingness ensured by the attorney general in order to prosecute traffickers in persons.

[9] Trafficking Victims Protection Reauthorization Act of 2003, Pub. L. No. 108–193, § 4(a)(two) (Dec. 19, 2003).

[x] Iraqis and Afghans granted Special Immigrant visas (SIV) under the Refugee Crisis in Republic of iraq Human activity of 2007 § 1244(g) (subtitle C of title XII of division A of Public Law 110-181; 122 Stat. 398) or the Afghan Allies Protection Act of 2009 § 602(b)(8) (championship 6 of division F of Public Police force 111- 8; 123 Stat. 809) are eligible for benefits to the same extent as refugees. Department of Defence Appropriations Human activity, 2010, Pub. Fifty. No. 111-118, § 8120 (Dec. 19, 2009). Afghans granted special immigrant parole (who take practical for SIV) are considered covered under this act and are as well eligible for benefits to the same extent every bit refugees. "Afghan Special Immigrant Parolee and Lawful Permanent Resident Status" (USCIS, Aug. 12, 2021), https://world wide web.uscis.gov/save/whats-new/afghan-special-immigrant-parolee-and-lawful-permanent-resident-status.

[11] Extending Government Funding and Delivering Emergency Assistance Act, Pub. L. 117-43 (Sept. 30, 2021). Afghans granted humanitarian parole between July 31, 2021, and September 30, 2022 — and their spouses and children, and parents or guardians of unaccompanied children granted parole after September 30, 2022 — as well are eligible for federal benefits to the same extent as refugees. Eligibility for this grouping continues until March 31, 2023, or the cease of their parole term, whichever is later on.

[12] Consolidated Appropriations Human activity, 2021, Pub. 50. 116-260, § 208(c) (Dec. 27, 2020).

[13] Welfare constabulary § 401 (viii U.S.C. § 1611).

[14] "Federal public do good" is described in the 1996 federal welfare law every bit (a) whatever grant, contract, loan, professional license, or commercial license provided by an bureau of the U.S. or past appropriated funds of the U.S., and (b) any retirement, welfare, health, disability, public or assisted housing, postsecondary education, nutrient assistance, unemployment, benefit, or any other similar benefit for which payments or assistance are provided to an individual, household, or family eligibility unit of measurement by an agency of the U.S. or appropriated funds of the U.S.

[xv] HHS, Personal Responsibility and Work Opportunity Reconciliation Human action of 1996 (PRWORA), "Estimation of 'Federal Public Benefit,'" 63 Fed. Reg. 41658–61 (Aug. four, 1998). The HHS notice clarifies that not every benefit or service provided inside these programs is a federal public benefit.

[16] HHS, Division of Energy Assistance, Office of Customs Services, Memorandum from Janet M. Fox, Director, to Low Income Home Energy Assistance Program (LIHEAP) Grantees and Other Interested Parties, re. Revision-Guidance on the Interpretation of "Federal Public Benefits" Under the Welfare Reform Law (June 15, 1999).

[17] Welfare law § 411 (viii U.S.C. § 1621).

[xviii] Encounter, e.g., Matter of Application of Cesar Adrian Vargas for Admission to the Bar of the Land of New York (2015 NY Sideslip Op 04657; decided on June 3, 2015, Appellate Sectionalisation, Second Department Per Curiam) (holding that the requirement nether 8 UsC. § 1621(d) that states must pass legislation in social club to opt out of the federal prohibition on issuing professional licenses — in this case, admission to the New York State bar — to undocumented immigrants infringes on New York Land's 10th amendment rights).

[19] Emergency Medicaid covers the treatment of an emergency medical condition, which is divers as "a medical condition (including emergency labor and delivery) manifesting itself by acute symptoms of sufficient severity (including astringent pain) such that the absence of firsthand medical attention could reasonably be expected to result in: (A) placing the patient'southward health in serious jeopardy, (B) serious impairment to bodily functions: or (C) serious dysfunction of any bodily organ or part." 42 U.Due south.C. § 1396b(v).

[20] Welfare police § 401(b)(1)(A) (viii UsC. § 1611(b)(ane)(A)).

[21] Welfare police force § 742 (eight U.s.C. § 1615).

[22] U.S. Dept. of Justice (DOJ), "Concluding Specification of Community Programs Necessary for Protection of Life or Prophylactic under Welfare Reform Legislation," A.G. Order No. 2353– 2001, 66 Fed. Reg. 3613–16 (Jan. 16, 2001).

[23] IIRIRA § 508 (viii U.Due south.C. § 1642(d)).

[24] Welfare law § 403 (8 U.South.C. § 1613).

[25] HHS, Personal Responsibility and Work Opportunity Reconciliation Human action of 1996 (PRWORA), "Interpretation of 'Federal Means-Tested Public Benefit,'" 62 Fed. Reg. 45256 (Aug. 26, 1997); U.S. Dept. of Agriculture (USDA), "Federal Means Tested Public Benefits," 63 Fed. Reg. 36653 (July 7, 1998). The CHIP programme, created after the passage of the 1996 welfare police force, was later designated as a federal means-tested public benefit plan. See Health Intendance Financing Assistants, "The Administration's Response to Questions about the Country Kid Wellness Insurance Program," Question 19(a) (Sept. 11, 1997).

[26] States were also given an option to provide or deny federal TANF and Medicaid to nigh qualified immigrants who were in the U.South. before Aug. 22, 1996, and to those who enter the U.South. on or after that appointment, once they have completed the federal five-year bar. Welfare law § 402 (8 The statesC. § 1612). But one country, Wyoming, denies Medicaid to immigrants who were in the country when the welfare law passed. Colorado'southward proposed termination of Medicaid to these immigrants was reversed by the land legislature in 2005 and never took outcome. In addition to Wyoming, six states (Mississippi, Montana, North Dakota, Due south Carolina, South Dakota, and Texas) require lawful permanent residents who complete the five-year bar to have credit for 40 quarters of piece of work history in the U.S. in order to qualify for Medicaid. South Carolina and Texas, nonetheless, provide health coverage to lawfully residing children, while South Carolina and Wyoming cover lawfully residing pregnant persons regardless of their date of entry into the U.S. 5 states (Indiana, Mississippi, Ohio, Southward Carolina, and Texas) neglect to provide TANF to all qualified immigrants who complete the federal 5-year waiting period. For more than detail, see NILC's "Table: Overview of Immigrant eligibility for Federal Programs," endnotes v-7, at world wide web.nilc.org/table_ovrw_fedprogs/.

[27] For purposes of the exemptions described in this article, the term Amerasians applies only to individuals granted lawful permanent residence nether a special statute enacted in 1988 for Vietnamese Amerasians. See § 584 of the Foreign Operations, Consign Financing, and Related Programs Appropriations Act, 1988 (as contained in § 101(c) of Public Law 100-202 and amended past the 9th proviso nether Migration and Refugee Assistance in Title II of the Strange Operations, Consign Financing, and Related Programs Appropriations Human action, 1989, Public Law 100-461, as amended).

[28] See Guide to Immigrant Eligibility for Federal Programs, 4th ed. (National Immigration Law Centre, 2002), and updated tables at world wide web.nilc.org/updatepage/.

[29] Department 214 of the Children's Health Insurance Program Reauthorization Human action of 2009 (CHIPRA) (H.R.2), Public Law 111-3 (February. 4, 2009).

[thirty] Postpartum care is not covered by these federal funds unless a land ordinarily pays for this care as part of a bundled payment or global fee method. HHS Letter to Land Health Officials (Nov. 12, 2002). See also Medical Assistance Programs for Immigrants in Diverse States (National Immigration Law Centre, July 2021), www.nilc.org/medical-assistance-various-states/.

[31] Pub. Law No. 111-148, every bit amended past the Health Care and Education Act of 2010, Pub. Police No. 111-152. For more information almost immigrant eligibility for coverage under the Affordable Care Human action, run into Immigrants and the Affordable Intendance Act (ACA) (NILC, Jan. 2014), www.nilc.org/immigrantshcr/.

[32] For more data on the ACA, see NILC's fact sheets at www.nilc.org/acafacts/.

[33] For the purpose of "immigrants receiving disability-related aid," inability-related programs include SSI, Social Security disability, state disability or retirement pension, railroad retirement disability, veteran'southward disability, inability-based Medicaid, and disability-related General Assistance, if the inability determination uses criteria as stringent as those used for SSI.

[34] See NILC's updated tables on country-funded services at www.nilc.org/updatepage/.

[35] Welfare law § 402(a) (eight UsC. § 1612(a)).

[36] Nigh new entrants cannot receive SSI until they get citizens or secure credit for 40 quarters of work history (including piece of work performed by a spouse during matrimony, persons "property out to the community" as spouses, and by parents before the immigrant was 18 years old).

[37] The SSI Extension for Elderly and Disabled Refugees Act, Pub. Law. 110-328 (Sept. 30, 2008).

[38] Welfare police § 421 (8 U.S.C. § 1631).

[39] IIRIRA § 552 (8 U.South.C. § 1631(e) and (f)).

[forty] Children, for example, are exempt from deeming in the Supplemental Nutrition Assistance Program. In states that cull to provide Medicaid and Chip to lawfully residing children and significant persons, regardless of their date of entry, deeming and other sponsor-related barriers do not utilise to these groups.

[41] seven C.F.R. § 274.three(c). Encounter also Supplemental Nutrition Assistance Programme: Guidance on Non-Citizen Eligibility (USDA, June 2011), https://fns-prod.azureedge.net/snap/eligibility/non-citizen-eligibility. Meet too Deeming of Sponsor's Income and Resources to a Non-Citizen (HHS, TANF-ACF-PI-2003–03, April. 17, 2003), https://world wide web.acf.hhs.gov/ofa/policy-guidance/tanf-acf-pi-2003-03-deeming-sponsors-income-and-resources-non-denizen. Federal agencies (HHS and USDA) posted boosted guidance pursuant to the Trump administration's May 23, 2019, memorandum on enforcing the responsibilities of sponsors. President Biden rescinded this memorandum on Feb 2, 2021, directing agencies to review all actions taken in accordance with the Trump memorandum.

[42] INA § 212(a)(iv).

[43] Claudia Schlosberg and Dinah Wiley, The Impact of INS Public Accuse Determinations on Immigrant Admission to Wellness Care (National Wellness Law Plan and NILC, May 22, 1998), https://world wide web.montanaprobono.cyberspace/geo/search/download.67362.

[44] DOJ, "Field Guidance on Deportability and Inadmissibility on Public Charge Grounds," 64 Fed. Reg. 28689–93 (May 26, 1999); see as well DOJ, "Inadmissibility and Deportability on Public Charge Grounds," 64 Fed. Reg. 28676–88 (May 26, 1999); U.S. Dept. of Land, INA 212(A)(four) Public Charge: Policy Guidance, 9 FAM 40.41.

[45] The use of all wellness care programs, except for long-term institutionalization (e.one thousand., Medicaid payment for nursing home intendance), was alleged to be irrelevant to public accuse determinations. Programs providing greenbacks assistance for income maintenance purposes are the merely other programs that are relevant in the public charge decision. The conclusion is based on the "totality of a person'south circumstances," and therefore even the past use of cash assistance can be weighed confronting other favorable factors, such equally a person'due south current income or skills or the contract signed by a sponsor promising to support the intending immigrant.

[46] See, due east.g., Research Documents Harm of Public Accuse Policy During the COVID-19 Pandemic (Protecting Immigrant Families, Apr. 2021), https://protectingimmigrantfamilies.org/wp-content/uploads/2021/04/PIF-Documenting-Harm-Fact-Sail-2.pdf.

[47] Welfare police § 423, amended by IIRIRA § 551 (eight U.Due south.C. § 1183a).

[48] U.S. Dept. of Homeland Security, "Affidavits of Support on Behalf of Immigrants," 71 Fed. Reg. 35732, 35742–43 (June 21, 2006). On May 23, 2019, the Trump administration issued a memorandum on enforcing the responsibilities of sponsors. President Biden rescinded the memorandum through an executive order issued on Feb 2, 2021, directing agencies to review all actions taken in accordance with the Trump memorandum.

[49] Selected Social Characteristics in the United states (American Communities Survey tabular array, 2019).

[l] James P. Smith and Barry Edmonston, eds., The New Americans: Economic, Demographic, and Fiscal Effects of Immigration (Washington, DC: National University Press, 1997), world wide web.nap.edu/catalog.php?record_id=5779#toc, p. 377.

[51] American Customs Survey, supra note fifty.

[52] See the federal interagency language access website, www.lep.gov, for a variety of materials, including guidance from the U.S. Dept. of Justice and federal do good agencies.

[53] 42 U.S.C. § 18116.

[54] Uniform Regulatory Agenda, (Office of Management and the Budget, Spring 2021). https://www.reginfo.gov/public/practice/eAgendaViewRule?pubId=202104&RIN=0945-AA17.

[55] DOJ, "Interim Guidance on Verification of Citizenship, Qualified Alien Status and Eligibility Nether Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996," 62 Fed. Reg. 61344–416 (Nov. 17, 1997). In Aug. 1998, the agency issued proposed regulations that draw heavily on the interim guidance and the Systematic Alien Verification for Entitlements (Save) program. Run across DOJ, "Verification of Eligibility for Public Benefits," 63 Fed. Reg. 41662–86 (Aug. 4, 1998). Final regulations take not still been issued. Once the regulations get final, states will take two years to implement a conforming system for the federal programs they administer.

[56] SAVE is used to assist state benefits agencies verify eligibility for several major benefits programs. See 42 U.S.C.§ 1320b-7. DHS verifies an applicant'southward immigration condition by borer numerous databases and/or through a manual search of its records. This information is used just to verify eligibility for benefits and may not be used for civil immigration enforcement purposes. Come across the Immigration Reform and Control Act of 1986, 99 Pub. Fifty. 603, § 121 (Nov. half-dozen, 1986); DOJ, "Verification of Eligibility for Public Benefits," 63 Fed. Reg. 41662, 41672, and 41684 (Aug. 4, 1998). Come across too The Systematic Alien Verification for Entitlements (SAVE) Programme: A Fact Sail (American Immigration Council, Dec. 15, 2011), https://world wide web.americanimmigrationcouncil.org/research/systematic-alien-verification-entitlements-save-program-fact-sheet.

[57] 113 Pub. L. 79, § 4015 (Feb. 7, 2014).

[58] Letter and accompanying materials from HHS and USDA to State Health and Welfare Officials: "Policy Guidance Regarding Inquiries into Citizenship, Immigration Status and Social Security Numbers in State Applications for Medicaid, State Children's Wellness Insurance Program (SCHIP), Temporary Assistance for Needy Families (TANF), and Food Postage Benefits" (Sept. 21, 2000).

[59] Conforming to the Tri-Agency Guidance through Online Applications (USDA, Feb. 2011), world wide web.fns.usda.gov/sites/default/files/Tri-Agency_Guidance_Memo-021811.pdf.

[60] The Medicaid rules besides require that agencies assist eligible applicants in obtaining an SSN, may not filibuster or deny benefits pending issuance of the SSN, and provide exceptions for individuals who are ineligible for an SSN or who have well-established religious objections to obtaining i. 42 C.F.R. § 435.910(due east), (f), and (h).

[61] HHS, Health Care Financing Administration, Acting Final Rule, "Revisions to the Regulations Implementing the State Children's Health Insurance Program," 66 Fed. Reg. 33810, 33823 (June 25, 2001). The proposed rule on Medicaid and Scrap eligibility nether the Affordable Care Act of 2010 codifies the Tri-Agency Guidance, restricting the information that may exist required from nonapplicants, but proposes to make SSNs mandatory for Flake applicants. 76 Fed. Reg. 51148, 51191-2, 51197 (Aug. 17, 2011).

[62] Welfare law § 404, amended past BBA §§ 5564 and 5581(a) (42 UsaC. §§ 608(1000), 611a, 1383(east), 1437y).

[63] Id. See also H.R. Rep. 104–725, 104th Cong. 2nd Sess. 382 (July 30, 1996). The Food Stamp Plan (now called the Supplemental Nutrition Help Programme, or SNAP) had a reporting requirement that preexisted the 1996 law.

[64] Social Security Administration, HHS, U.S. Dept. of Labor, U.S. Dept. of Housing and Urban Development, and DOJ – Immigration and Naturalization Service, "Responsibility of Certain Entities to Notify the Clearing and Naturalization Service of Any Alien Who the Entity 'Knows' Is Non Lawfully Nowadays in the U.s.a.," 65 Fed. Reg. 58301 (Sep. 28, 2000). USDA similarly has clarified that "State agencies must conform to the reporting requirements of the Interagency Discover." See Supplemental Nutrition Help Plan: Guidance on Non-Citizen Eligibility (USDA, June 2011), https://fns-prod.azureedge.cyberspace/snap/eligibility/non-citizen-eligibility, pp. 48-52. Run across too 7 C.F.R. § 273.4(b)(i).

[65] Id.

[66] Clarification of Existing Practices Related to Certain Health Care Information (DHS, Oct. 25, 2013), world wide web.ice.gov/doclib/ero-outreach/pdf/water ice-aca-memo.pdf.

Source: https://www.nilc.org/issues/economic-support/overview-immeligfedprograms/

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