What Free Government Services Can Undocumented Immigrants Receive

Overview of Immigrant Eligibility for Federal Programs

Updated Oct 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 Diet Assistance Programme (SNAP, formerly known equally the Nutrient Postage Programme), nonemergency Medicaid, Supplemental Security Income (SSI), and Temporary Assist for Needy Families (TANF) and its precursor, Aid to Families with Dependent Children (AFDC), were largely unavailable to undocumented immigrants and people in the U.s. on temporary visas.

Nonetheless, the 1996 federal welfare and immigration laws introduced an unprecedented era of restrictionism.^[one] Prior to the enactment of these laws, lawful permanent residents of the U.S. generally were eligible for assistance in a style similar to U.S. citizens. Once the laws were implemented, most lawfully residing immigrants were barred from receiving help under the major federal benefits programs for five 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 critical health intendance, job-preparation, nutrition, and greenbacks aid programs due to fearfulness and defoliation caused by the laws' complexity and other intimidating factors. As a result, the participation of immigrants in public benefits programs decreased sharply after passage of the 1996 laws, causing severe hardship for many low-income immigrant families who lacked the support available to other depression-income families.^[two]

Efforts to address the chilling effects and confusion accept 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' access to federal public benefits programs. Many states have attempted to fill some of the gaps in noncitizen coverage resulting from the 1996 laws, either past electing federal options to cover more eligible noncitizens or by spending state funds to embrace at to the lowest degree some of the immigrants who are ineligible for federally funded services.

In determining an immigrant's eligibility for benefits, it is necessary to understand the federal rules as well as the rules of the state in which an immigrant resides. Updates on federal and state rules are available on NILC's website.^[3]

Immigrant Eligibility Restrictions

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

The 1996 welfare law created two categories of immigrants for benefits eligibility purposes: "qualified" and "not qualified." Opposite to what these names suggest, the law 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 greenish cards)
refugees, people granted asylum or withholding of deportation/removal, and conditional entrants
people granted parole by the U.S. Department of Homeland Security (DHS) for a period of at least i twelvemonth
Cuban and Haitian entrants
certain abused immigrants, their children, and/or their parents^[4]
certain survivors of trafficking^[5]
individuals residing in the U.Southward. pursuant to a Meaty of Gratis Association (COFA) (for Medicaid purposes only)^[6]

All other immigrants, including undocumented immigrants, likewise as many people who are lawfully present in the U.Southward., are considered "not qualified."^[vii]

In the years since the initial definition became law, there take 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 take a qualified immigrant status.^[eight] 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 child survivors) also may secure federal benefits.^[9] Past 2009, Iraqis and Afghans granted Special Immigrant visas similarly became eligible for benefits to the same extent as refugees.^[x] In 2021, Congress extended the aforementioned benefits eligibility to certain Afghans paroled into the U.S.^[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.South. pursuant to a Compact of Free Association (COFA migrants) would be considered "qualified" immigrants.^[12]

Federal Public Benefits Generally Denied to "Not Qualified" Immigrants

With some important exceptions detailed beneath, the police force prohibits not-qualified immigrants from enrolling in most "federal public benefit programs."^[13] Federal public benefits include a variety of condom-internet services paid for by federal funds.^[14] But the welfare constabulary's definition does non specify which programs are covered past the term, leaving that clarification to each federal benefit–granting agency. In 1998, the U.South. Department of Health and Human being Services (HHS) published a notice clarifying which of its programs fall under the definition.^[15] The list of 31 HHS programs includes Medicaid, the Children'due south Health Insurance Program (CHIP), Medicare, TANF, Foster Care, Adoption Aid, the Kid Care and Development Fund, and the Low-Income Home Energy Assistance Programme. Any new programs must be designated equally federal public benefits in order to trigger the associated eligibility restrictions and, until they are designated as such, should remain open to broader groups of immigrants.

The HHS notice clarifies that non 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 private or household; they may extend, instead, to a community of people — as in the weatherization of an entire apartment building.^[xvi]

The welfare law besides attempted to force states to pass additional laws, subsequently August 22, 1996, if they choose to provide state public benefits to certain immigrants.^[17] Such micromanagement of state diplomacy past the federal government is potentially unconstitutional under the 10th Subpoena.^[xviii]

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^[19] if they are otherwise eligible for their state'due south Medicaid program.^[20] The police force does not restrict access to public health programs that provide immunizations and/or handling of communicable disease symptoms (whether or not those symptoms are caused by such a affliction). Schoolhouse breakfast and lunch programs remain open up to all children regardless of immigration condition, and every country has opted to provide admission to the Special Supplemental Diet Program for Women, Infants and Children (WIC).^[21]

Brusque-term noncash emergency disaster assistance remains available without regard to immigration condition. Too exempted from the restrictions are other in-kind services necessary to protect life or condom, as long equally no individual or household income qualification is required. In 2001, the U.Due south. attorney general published a terminal order specifying the types of benefits that encounter these criteria. The attorney general's list 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 prophylactic; 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 program as a federal public do good foreclosed to non-qualified immigrants, the law requires the land or local bureau to verify the immigration and citizenship status of all programme applicants. Even so, many federal agencies have not specified which of their programs provide federal public benefits. Until they do, land and local agencies that administer the programs are not obligated to verify the immigration condition of people who utilise for them.

And nether an important exception contained in the 1996 immigration law, nonprofit charitable organizations are non required to "determine, 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 afterwards" the date the police was enacted, August 22, 1996. The constabulary barred most immigrants who entered the U.S. on or after that date from "federal means-tested public benefits" during the five years after they secure qualified immigrant condition.^[24] This waiting period is oftentimes referred to equally the five-year bar. Federal agencies clarified that the "federal means-tested public benefits" are Medicaid (except for emergency services), Chip, TANF, SNAP, and SSI.^[25]

TANF, Medicaid, and CHIP

States can receive federal funding for TANF, Medicaid, and Scrap to serve qualified immigrants who have completed the federal v-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 addition, children who receive federal foster care and COFA migrants are exempt from the five-year bar in the Medicaid program.

Over half of u.s. take used state funds to provide TANF, Medicaid, and/or CHIP to some or all of the immigrants who are subject field to the five-twelvemonth bar on federally funded services, or to a broader grouping of immigrants.^[28] Several states or counties provide health coverage to children or significant persons regardless of their clearing status.

In 2009, when Congress starting time reauthorized the Flake programme, states were granted an option to provide federally funded Medicaid and CHIP to "lawfully residing" children and/or pregnant persons regardless of their date of entry into the U.S.^[29] Thirty-five states plus the District of Columbia (as of July 2021) have opted to accept advantage of this federal funding for immigrant health intendance coverage,^[30] which became available on Apr one, 2009.

Seventeen states plus the District of Columbia utilize federal funds to provide prenatal care regardless of immigration status, nether the CHIP program's pick enabling states to enroll fetuses in Fleck. Thus the meaning person'due south fetus is technically the recipient of CHIP-funded services. This arroyo potentially limits the scope of services available to the pregnant person to those directly related to the fetus's health.

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

Although the federal health intendance reform law, known as the Affordable Intendance Act (ACA),^[31] did not alter immigrant eligibility for Medicaid or CHIP, it provided new pathways for lawfully nowadays immigrants to obtain health insurance. Coverage purchased in the ACA's health insurance marketplaces is available to lawfully present noncitizens whose immigration status makes them ineligible for Medicaid.^[32]

SNAP

Although the 1996 police severely restricted immigrant eligibility for the Supplemental Nutrition Assistance Program (SNAP, formerly known equally the Food Stamp Program), subsequent legislation restored admission for many immigrants. Qualified immigrant children, refugees, people granted asylum or withholding of deportation/removal, Cuban/Haitian entrants, certain Amerasian immigrants, Iraqi and Afghan Special Immigrants, survivors of trafficking, qualified immigrant veterans, agile duty military machine and their spouses and children, lawful permanent residents with credit for 40 quarters of work history, sure Native Americans, lawfully residing Hmong and Laotian tribe members, and immigrants receiving disability-related assistance are eligible regardless of their date of entry into the U.S.^[33] Qualified immigrant seniors who were born before August 22, 1931, may be 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 nutrition assistance.

Six states — California, Connecticut, Illinois, Maine, Minnesota, and Washington — provide state-funded nutrition aid 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 aid under the SSI program.^[35] Although advocacy efforts in the 2 years following the welfare law'southward passage achieved a partial restoration of these benefits, significant gaps in eligibility remain. For example, SSI continues to exclude not-qualified immigrants who were not already receiving the benefits, equally well equally near qualified immigrants who entered the state after the welfare constabulary passed and seniors without disabilities who were in the U.Southward. 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, but just during the commencement vii years after having obtained the relevant status. The main rationale for the seven-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.Southward. citizens. However, a combination of factors, including immigration backlogs, processing delays, onetime statutory caps on the number of asylees who can adjust their immigration status, language barriers, and other obstacles, made it incommunicable for many of these individuals to naturalize inside seven years. Although Congress enacted an extension of eligibility for refugees who faced a loss of benefits due to the seven-twelvemonth fourth dimension 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 cash help to certain immigrant seniors and people with disabilities who were rendered ineligible for SSI; some others provide much smaller general assistance grants to these immigrants.

The Impact of Sponsorship on Eligibility

Under the 1996 welfare and immigration laws, family unit members and some employers eligible to file a petition to assistance a person emigrate must get fiscal sponsors of the immigrant past signing a contract with the government (an affidavit of back up). Under the enforceable affidavit (Form 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 support. When an agency is determining a lawful permanent resident's fiscal 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 available to the immigrant. The sponsor's income and resources are added to the immigrant'due south, which oft disqualifies the immigrant equally over-income for the plan. The 1996 laws imposed deeming rules in certain programs until the immigrant becomes a citizen or secures credit for xl quarters (approximately 10 years) of work history in the U.South.

Domestic violence survivors and immigrants who would go hungry or homeless without help ("indigent" immigrants) are exempt from sponsor deeming for at to the lowest degree 12 months.^[39] Some programs utilise additional exemptions from the sponsor-deeming rules.^[40] The U.S. Section of Agriculture (USDA) has issued helpful guidance on the indigence exemption and other deeming and liability issues.^[41]

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

Confusion about Eligibility

Confusion nearly eligibility rules pervades benefit agencies and immigrant communities. The defoliation stems from the complex interaction of the clearing and welfare laws, differences in eligibility criteria for various state and federal programs, and a lack of adequate training 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.

Fright of Being Considered a Public Accuse

The immigration laws permit 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 "likely to become a public charge."^[42] In deciding whether an immigrant is likely to become a public charge, immigration or consular officials review the "totality of the circumstances," including the person's health, age, income, education and skills, employment, family unit circumstances, and, well-nigh chiefly, the affidavits of support.

The misapplication of this public charge ground of inadmissibility immediately after the welfare law passed contributed significantly to the spooky effect on immigrants' access to services. The constabulary on public charge did not change in 1996, and use of programs such as Medicaid or SNAP had never weighed heavily in determining whether individuals were inadmissible under the public charge ground.

Confusion and fright about these rules, however, became widespread.^[43] Immigrants' rights advocates, health intendance providers, and state 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 after assumed by the Section 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 condition of recipients or their family members past putting them at risk of being considered a public charge.^[45]

The Trump assistants attempted to modify these rules dramatically by issuing rules that would make it much more difficult for low- and middle-income families to immigrate, and that profoundly exacerbated the chilling effect on admission to services. Multiple courts constitute that the rules were likely unlawful. The Biden administration dismissed the appeals of these decisions, immune an social club vacating the DHS dominion to have effect, and formally withdrew the prior assistants'due south DHS public accuse rule. It has announced its intention to promulgate new public charge rules. In the meantime, the principles articulated in the 1999 Field Guidance govern public accuse decisions.

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

Requirement of Affidavits of Support

The 1996 laws enacted rules that arrive more difficult to immigrate to the U.S. to reunite with family members. Constructive December 19, 1997, relatives (and some employers) who sponsor an immigrant have been required to meet strict income requirements and to sign a long-term contract, or affidavit of support (USCIS Form I-864), promising to maintain the immigrant at 125 percentage 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 have been divers to be TANF, SSI, SNAP, nonemergency Medicaid, and CHIP. Regulations almost 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 will be liable.^[48]

Most states have non designated which programs would give rise to sponsor liability, and, for various reasons, agencies by and large have non 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.

Linguistic communication Admission

Many immigrants face up significant linguistic and cultural barriers to obtaining benefits. As of 2019, approximately 22 percent of the U.S. population (five years of age and older) spoke a language other than English language at home.^[49] Although 97 percentage of long-term immigrants to the U.S. eventually learn to speak English well,^[fifty] many are in the process of learning the language, and around 8.ii per centum of people living in the U.S. speak English less than very well.^[51] These limited–English skillful (LEP) residents cannot effectively employ for benefits or meaningfully communicate with a health care provider without linguistic communication assist.

Title VI of the Ceremonious Rights Act of 1964 and its implementing regulations prohibit recipients of federal funding from discriminating on the basis of national origin, which has been interpreted to prohibit discrimination based on linguistic communication. Benefit agencies, health care providers, and other entities that receive federal financial help are required to accept "reasonable steps" to clinch that people who are LEP have "meaningful admission" to federally funded programs, but compliance with this police varies widely, and language access remains a challenge.^[52]

Section 1557 of the Affordable Intendance Act prohibits discrimination on the ground of race, colour, national origin, sex, age, or disability in health programs or activities that receive federal funding or are administered by an executive bureau or any 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's implementation, equally provided in 2016 regulations, including narrowing the telescopic of its coverage and some specific provisions related to language access. The Biden administration has indicated that information technology will advise new regulations in the leap of 2022.^[54]

Verification

Rules that crave benefit agencies to verify applicants' immigration or citizenship status have been misinterpreted past some agencies, leading some to demand clearing documents or Social Security numbers (SSNs) in situations when applicants are non required to submit such information.

In 1997, the U.South. Section of Justice (DOJ), the section primarily responsible for implementing and enforcing immigration laws prior to the cosmos of DHS in 2002, issued interim guidance for federal do good providers to utilise in verifying immigration status.^[55] The guidance, which remains in effect, directs benefit agencies already using the Systematic Alien Verification for Entitlements (SAVE) process to go on to do and then.^[56] Previously, the use of SAVE in the SNAP program was an choice that could exist exercised by each land, just the 2014 Farm Nib mandated that Salve be used in SNAP nationwide.^[57]

However, important protections for immigrants who are subject 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 past law to use SAVE, applicants who declare that they have a satisfactory status and who provide documents within the reasonable opportunity period should remain eligible for assistance while verification of their status is pending. And information submitted to the SAVE system may not be used for ceremonious clearing enforcement purposes.

The 1997 guidance recommends that agencies brand decisions about financial and other eligibility factors before asking an applicant for information nigh their clearing status.

Questions on Application Forms

Federal agencies have worked to reduce the chilling event of immigration condition–related questions on do good applications. In 2000, HHS and USDA issued a "Tri-Agency Guidance" document, recommending that states delete from do good 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. It encourages states to allow family unit or household members who are not seeking benefits to be designated as nonapplicants early on in the application process. Similarly, nether Medicaid, TANF, and SNAP, only the applicant must provide a Social Security number. In 2011, the USDA issued a memo instructing states to utilise these principles in their online application procedures.^[59]

SSNs are not required for people seeking just emergency Medicaid.^[lx]

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

Reporting to the Department of Homeland Security

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

In 2000, federal agencies outlined the limited circumstances under 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 to the reporting requirement. Agencies are not required to written report such applicants unless at that place 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 as well must exist supported by a decision by the immigration government, "such as a Final Order of Deportation."^[65] Findings that do non encounter these criteria (e.g., a DHS response to a Relieve calculator enquiry indicating an immigrant'southward status, an oral or written admission by an applicant, or suspicions of agency workers) are bereft to trigger the reporting requirement. Agencies are not required to submit reports to DHS unless they have knowledge that meets the to a higher place requirements. Finally, the guidance stresses that agencies are non required to make immigration condition determinations that are not necessary to confirm eligibility for benefits.

In that location 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 unit members seeking Medicaid, Fleck, or wellness care coverage under the Affordable Intendance Act would not be used for civil immigration enforcement purposes.^[66]

Looking Alee

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

During the COVID-19 pandemic, many states and localities recognized that they could not protect the wellness and safe of their residents unless anybody in the community had admission to health intendance, prophylactic working weather condition, and economic support. Numerous jurisdictions offered short-term disaster assistance, stimulus payments, or other relief to individuals who were excluded from federal economic affect payments and unemployment insurance programs. Some offered taxation credits or basic income to a subset of residents regardless of their immigration status.

These efforts, while helpful, were non sufficient to meet the need or to address the longstanding racial disparities in access to care, back up, and opportunities. Agreement that our lives, health, and economical security are interconnected, policymakers are exploring new strategies for ensuring that all community 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 December 2015.

NOTES

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

[2] Michael Fix and Jeffrey Passel, The Scope and Impact of Welfare Reform's Immigrant Provisions (Word Newspaper No. 02-03) (The Urban Institute, Jan. 2002), www.urban.org/research/publication/telescopic-and-touch on-welfare-reforms-immigrant-provisions.

[three] Guide to Immigrant Eligibility for Federal Programs update page, world wide web.nilc.org/updatepage/.

[4] To exist considered a "qualified" immigrant under the battered spouse or child category, the immigrant must take an approved visa petition filed by a spouse or parent, a self-petition under the Violence Against Women Human activity (VAWA) that has been approved or sets forth a prima facie case for relief, or an approved application for counterfoil of removal under VAWA. The spouse or child must accept been dilapidated or subjected to extreme cruelty in the U.Due south. by a family unit member with whom the immigrant resided, or the immigrant's parent or child must have been subjected to such treatment. The immigrant must also demonstrate a "substantial connection" between the domestic violence and the need for the benefit being sought. And the battered immigrant, parent, or child must not be living with the abuser. While many people who have U visas take survived domestic violence, they are non considered qualified battered immigrants under this definition.

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

[6] 8 U.S.C. § 1641(b)(8).

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

Earlier 1996, some of these immigrants were served past benefit programs under an eligibility category chosen "permanently residing in the U.S. nether color of law" (PRUCOL). PRUCOL is not an immigration status, but a benefit eligibility category that has been interpreted differently depending on the benefit programme and the region. Mostly, it means that the U.S. Department of Homeland Security (DHS) is aware of a person's presence in the U.Southward. just 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.

[eight] The Victims of Trafficking and Violence Protection Act of 2000, Pub. L. No. 106–386, § 107 (Oct. 28, 2000). Federal agencies are required to provide benefits and services to individuals who have been subjected to a "astringent course 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 under 18 years of historic period or certified by the U.S. Department of Health and Man Services (HHS) as 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.Southward. is being ensured past 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)(2) (Dec. 19, 2003).

[ten] Iraqis and Afghans granted Special Immigrant visas (SIV) under the Refugee Crisis in Iraq Act of 2007 § 1244(one thousand) (subtitle C of title XII of segmentation A of Public Constabulary 110-181; 122 Stat. 398) or the Afghan Allies Protection Human action of 2009 § 602(b)(8) (title VI of partition F of Public Law 111- viii; 123 Stat. 809) are eligible for benefits to the aforementioned extent equally refugees. Section of Defense Appropriations Act, 2010, Pub. L. No. 111-118, § 8120 (Dec. nineteen, 2009). Afghans granted special immigrant parole (who have applied for SIV) are considered covered under this deed and are as well eligible for benefits to the same extent equally refugees. "Afghan Special Immigrant Parolee and Lawful Permanent Resident Status" (USCIS, Aug. 12, 2021), https://www.uscis.gov/save/whats-new/afghan-special-immigrant-parolee-and-lawful-permanent-resident-status.

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

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

[xiii] Welfare constabulary § 401 (8 U.S.C. § 1611).

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

[15] HHS, Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), "Interpretation of 'Federal Public Do good,'" 63 Fed. Reg. 41658–61 (Aug. iv, 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 Help, Office of Community Services, Memorandum from Janet Chiliad. Flim-flam, Director, to Low Income Home Energy Assist Plan (LIHEAP) Grantees and Other Interested Parties, re. Revision-Guidance on the Interpretation of "Federal Public Benefits" Under the Welfare Reform Law (June fifteen, 1999).

[17] Welfare police § 411 (8 U.S.C. § 1621).

[18] Run into, e.g., Matter of Awarding of Cesar Adrian Vargas for Admission to the Bar of the State of New York (2015 NY Slip Op 04657; decided on June 3, 2015, Appellate Division, Second Section Per Curiam) (belongings that the requirement under 8 U.S.C. § 1621(d) that states must pass legislation in order to opt out of the federal prohibition on issuing professional person licenses — in this case, access to the New York State bar — to undocumented immigrants infringes on New York State'south 10th amendment rights).

[19] Emergency Medicaid covers the treatment of an emergency medical condition, which is defined as "a medical condition (including emergency labor and commitment) manifesting itself past acute symptoms of sufficient severity (including severe pain) such that the absence of immediate medical attending could reasonably be expected to consequence in: (A) placing the patient's health in serious jeopardy, (B) serious impairment to actual functions: or (C) serious dysfunction of any bodily organ or role." 42 UsC. § 1396b(v).

[xx] Welfare law § 401(b)(ane)(A) (8 U.Due south.C. § 1611(b)(1)(A)).

[21] Welfare law § 742 (eight U.S.C. § 1615).

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

[23] IIRIRA § 508 (viii U.s.a.C. § 1642(d)).

[24] Welfare law § 403 (8 UsaC. § 1613).

[25] HHS, Personal Responsibility and Piece of work Opportunity Reconciliation Act of 1996 (PRWORA), "Interpretation of 'Federal Ways-Tested Public Do good,'" 62 Fed. Reg. 45256 (Aug. 26, 1997); U.Southward. Dept. of Agriculture (USDA), "Federal Means Tested Public Benefits," 63 Fed. Reg. 36653 (July vii, 1998). The CHIP plan, created after the passage of the 1996 welfare law, was afterward designated equally a federal means-tested public do good program. Come across Health Care Financing Administration, "The Administration'due south Response to Questions about the Country Child Health Insurance Program," Question nineteen(a) (Sept. xi, 1997).

[26] States were also given an selection to provide or deny federal TANF and Medicaid to most qualified immigrants who were in the U.S. before Aug. 22, 1996, and to those who enter the U.S. on or later that date, once they have completed the federal v-year bar. Welfare law § 402 (8 U.S.C. § 1612). But ane state, Wyoming, denies Medicaid to immigrants who were in the country when the welfare law passed. Colorado's proposed termination of Medicaid to these immigrants was reversed by the state legislature in 2005 and never took issue. In addition to Wyoming, six states (Mississippi, Montana, Northward Dakota, Due south Carolina, South Dakota, and Texas) require lawful permanent residents who consummate the five-year bar to have credit for 40 quarters of piece of work history in the U.S. in order to authorize for Medicaid. South Carolina and Texas, still, 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. Five states (Indiana, Mississippi, Ohio, Due south Carolina, and Texas) fail to provide TANF to all qualified immigrants who complete the federal five-year waiting menstruum. For more particular, meet NILC'due south "Tabular array: Overview of Immigrant eligibility for Federal Programs," endnotes 5-7, at www.nilc.org/table_ovrw_fedprogs/.

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

[28] Meet Guide to Immigrant Eligibility for Federal Programs, 4th ed. (National Clearing Police force Eye, 2002), and updated tables at www.nilc.org/updatepage/.

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

[30] Postpartum intendance is not covered past these federal funds unless a state normally pays for this care as part of a bundled payment or global fee method. HHS Letter to State Wellness Officials (Nov. 12, 2002). Run into as well Medical Assistance Programs for Immigrants in Various States (National Immigration Constabulary Center, July 2021), www.nilc.org/medical-assistance-various-states/.

[31] Pub. Law No. 111-148, as amended by the Health Care and Education Human activity of 2010, Pub. Law No. 111-152. For more information about immigrant eligibility for coverage under the Affordable Care Human action, see Immigrants and the Affordable Care Human action (ACA) (NILC, Jan. 2014), www.nilc.org/immigrantshcr/.

[32] For more information on the ACA, encounter NILC's fact sheets at world wide web.nilc.org/acafacts/.

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

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

[35] Welfare law § 402(a) (8 U.South.C. § 1612(a)).

[36] Most new entrants cannot receive SSI until they become citizens or secure credit for 40 quarters of work history (including work performed by a spouse during marriage, persons "holding out to the community" as spouses, and past parents before the immigrant was 18 years sometime).

[37] The SSI Extension for Elderly and Disabled Refugees Human activity, Pub. Constabulary. 110-328 (Sept. thirty, 2008).

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

[39] IIRIRA § 552 (eight UsaC. § 1631(e) and (f)).

[twoscore] Children, for example, are exempt from deeming in the Supplemental Diet Assistance Program. In states that cull to provide Medicaid and Scrap to lawfully residing children and pregnant persons, regardless of their date of entry, deeming and other sponsor-related barriers do non apply to these groups.

[41] 7 C.F.R. § 274.three(c). See also Supplemental Diet Assistance Programme: Guidance on Non-Denizen Eligibility (USDA, June 2011), https://fns-prod.azureedge.net/snap/eligibility/non-denizen-eligibility. See also Deeming of Sponsor's Income and Resources to a Non-Citizen (HHS, TANF-ACF-PI-2003–03, Apr. 17, 2003), https://world wide web.acf.hhs.gov/ofa/policy-guidance/tanf-acf-pi-2003-03-deeming-sponsors-income-and-resources-non-citizen. 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 February 2, 2021, directing agencies to review all actions taken in accordance with the Trump memorandum.

[42] INA § 212(a)(4).

[43] Claudia Schlosberg and Dinah Wiley, The Impact of INS Public Charge Determinations on Immigrant Access to Health Intendance (National Health Police force Program and NILC, May 22, 1998), https://www.montanaprobono.net/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 also DOJ, "Inadmissibility and Deportability on Public Charge Grounds," 64 Fed. Reg. 28676–88 (May 26, 1999); U.South. Dept. of Country, INA 212(A)(four) Public Charge: Policy Guidance, 9 FAM twoscore.41.

[45] The use of all health care programs, except for long-term institutionalization (e.grand., Medicaid payment for nursing dwelling care), was declared to be irrelevant to public accuse determinations. Programs providing greenbacks assistance for income maintenance purposes are the only other programs that are relevant in the public charge determination. The determination is based on the "totality of a person's circumstances," and therefore even the past use of cash assistance can exist weighed against other favorable factors, such as a person's current income or skills or the contract signed by a sponsor promising to support the intending immigrant.

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

[47] Welfare constabulary § 423, amended past IIRIRA § 551 (viii The statesC. § 1183a).

[48] U.S. Dept. of Homeland Security, "Affidavits of Back up 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 February 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).

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

[51] American Customs Survey, supra note 50.

[52] Run into 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 benefit agencies.

[53] 42 U.s.a.C. § 18116.

[54] Uniform Regulatory Agenda, (Part of Management and the Budget, Jump 2021). https://world wide web.reginfo.gov/public/do/eAgendaViewRule?pubId=202104&RIN=0945-AA17.

[55] DOJ, "Interim Guidance on Verification of Citizenship, Qualified Alien Status and Eligibility Under Title Four of the Personal Responsibleness and Piece of work Opportunity Reconciliation Act of 1996," 62 Fed. Reg. 61344–416 (Nov. 17, 1997). In Aug. 1998, the bureau issued proposed regulations that draw heavily on the interim guidance and the Systematic Alien Verification for Entitlements (SAVE) programme. See DOJ, "Verification of Eligibility for Public Benefits," 63 Fed. Reg. 41662–86 (Aug. 4, 1998). Last regulations have not yet been issued. In one case the regulations become terminal, states will have two years to implement a conforming arrangement for the federal programs they administer.

[56] Relieve is used to help country benefits agencies verify eligibility for several major benefits programs. See 42 United states of americaC.§ 1320b-7. DHS verifies an bidder's immigration condition by tapping numerous databases and/or through a manual search of its records. This information is used only to verify eligibility for benefits and may not be used for civil immigration enforcement purposes. Run into the Immigration Reform and Control Human activity of 1986, 99 Pub. L. 603, § 121 (Nov. 6, 1986); DOJ, "Verification of Eligibility for Public Benefits," 63 Fed. Reg. 41662, 41672, and 41684 (Aug. 4, 1998). Come across besides The Systematic Alien Verification for Entitlements (SAVE) Program: A Fact Sheet (American Immigration Council, Dec. 15, 2011), https://www.americanimmigrationcouncil.org/research/systematic-alien-verification-entitlements-save-plan-fact-sheet.

[57] 113 Pub. 50. 79, § 4015 (February. 7, 2014).

[58] Letter of the alphabet and accompanying materials from HHS and USDA to State Wellness and Welfare Officials: "Policy Guidance Regarding Inquiries into Citizenship, Immigration Status and Social Security Numbers in State Applications for Medicaid, State Children'due south Health Insurance Plan (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), www.fns.usda.gov/sites/default/files/Tri-Agency_Guidance_Memo-021811.pdf.

[60] The Medicaid rules too require that agencies assist eligible applicants in obtaining an SSN, may not delay 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 one. 42 C.F.R. § 435.910(eastward), (f), and (h).

[61] HHS, Health Care Financing Administration, Interim Last 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 Flake eligibility under the Affordable Intendance Human action of 2010 codifies the Tri-Agency Guidance, restricting the information that may be required from nonapplicants, but proposes to make SSNs mandatory for Fleck applicants. 76 Fed. Reg. 51148, 51191-2, 51197 (Aug. 17, 2011).

[62] Welfare law § 404, amended by BBA §§ 5564 and 5581(a) (42 U.S.C. §§ 608(thou), 611a, 1383(east), 1437y).

[63] Id. Run across besides H.R. Rep. 104–725, 104th Cong. 2nd Sess. 382 (July 30, 1996). The Nutrient Stamp Plan (now called the Supplemental Nutrition Assistance Programme, or SNAP) had a reporting requirement that preexisted the 1996 police force.

[64] Social Security Administration, HHS, U.S. Dept. of Labor, U.Southward. Dept. of Housing and Urban Evolution, and DOJ – Immigration and Naturalization Service, "Responsibility of Sure Entities to Notify the Immigration and Naturalization Service of Any Alien Who the Entity 'Knows' Is Not Lawfully Present in the United States," 65 Fed. Reg. 58301 (Sep. 28, 2000). USDA similarly has clarified that "State agencies must suit to the reporting requirements of the Interagency Notice." See Supplemental Nutrition Assistance Program: Guidance on Non-Citizen Eligibility (USDA, June 2011), https://fns-prod.azureedge.internet/snap/eligibility/non-citizen-eligibility, pp. 48-52. See also 7 C.F.R. § 273.four(b)(1).

[65] Id.

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