How Can Illegal Immigrants Get Benefits Without Proper Documentation?

Overview of Immigrant Eligibility for Federal Programs

Updated OCTOBER 2021

By Tanya Broder, Gabrielle Lessard, and Avideh Moussavian

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

However, the 1996 federal welfare and clearing laws introduced an unprecedented era of restrictionism.^[1] Prior to the enactment of these laws, lawful permanent residents of the U.Southward. generally were eligible for assistance in a manner similar to U.Due south. citizens. Once the laws were implemented, most lawfully residing immigrants were barred from receiving aid under the major federal benefits programs for v years or longer.

Even where eligibility for immigrants was preserved past the 1996 laws or restored by subsequent legislation, many immigrant families hesitate to enroll in disquisitional health care, job-preparation, nutrition, and cash assistance programs due to fearfulness and confusion acquired by the laws' complexity and other intimidating factors. Equally a issue, 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 low-income families.^[2]

Efforts to address the spooky effects and confusion accept continued since that time. The Trump administration's exclusionary policies compounded the problem, making it fifty-fifty more difficult to ensure that eligible immigrants and their family members would secure services.

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

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

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 "non qualified." Contrary to what these names propose, 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 green cards)
refugees, people granted asylum or withholding of displacement/removal, and provisional entrants
people granted parole by the U.Due south. Section of Homeland Security (DHS) for a catamenia of at least one year
Cuban and Haitian entrants
sure driveling immigrants, their children, and/or their parents^[4]
certain survivors of trafficking^[v]
individuals residing in the U.S. pursuant to a Meaty of Free Association (COFA) (for Medicaid purposes only)^[six]

All other immigrants, including undocumented immigrants, as well as many people who are lawfully present in the U.South., are considered "non qualified."^[vii]

In the years since the initial definition became police force, there have been a few expansions of access 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 have a qualified immigrant status.^[viii] In 2003, Congress clarified that "derivative beneficiaries" listed on trafficking survivors' visa applications (spouses and children of adult trafficking survivors; spouses, children, parents, and small 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 aforementioned benefits eligibility to certain Afghans paroled into the U.S.^[11] And in 2020, Congress declared that, for Medicaid purposes only, citizens of Federated states of micronesia, Republic of the marshall islands, and Palau who reside in the U.S. pursuant to a Meaty of Free Association (COFA migrants) would exist 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 well-nigh "federal public do good programs."^[thirteen] Federal public benefits include a diversity of safety-net services paid for past federal funds.^[xiv] But the welfare constabulary's definition does non specify which programs are covered by the term, leaving that clarification to each federal benefit–granting agency. In 1998, the U.S. Department of Wellness and Human Services (HHS) published a notice clarifying which of its programs fall nether the definition.^[xv] The listing of 31 HHS programs includes Medicaid, the Children's Health Insurance Plan (CHIP), Medicare, TANF, Foster Care, Adoption Assist, the Child Care and Development Fund, and the Depression-Income Home Free energy Assistance Program. Any new programs must exist designated as federal public benefits in gild 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 not every do good or service provided within these programs is a federal public do good. For instance, in some cases not all of a plan'south benefits or services are provided to an individual or household; they may extend, instead, to a community of people — as in the weatherization of an unabridged flat building.^[16]

The welfare law besides attempted to force states to laissez passer additional laws, later August 22, 1996, if they choose to provide country public benefits to sure immigrants.^[17] Such micromanagement of country affairs by the federal regime is potentially unconstitutional under the Tenth Amendment.^[18]

Exceptions to the Restrictions

The constabulary includes important exceptions for certain types of services. Regardless of their immigration condition, non-qualified immigrants are eligible for emergency Medicaid^[19] if they are otherwise eligible for their state'south Medicaid program.^[20] The law does non restrict access to public wellness programs that provide immunizations and/or handling of communicable disease symptoms (whether or not those symptoms are caused by such a illness). School breakfast and lunch programs remain open to all children regardless of immigration status, and every state has opted to provide admission to the Special Supplemental Nutrition Plan for Women, Infants and Children (WIC).^[21]

Short-term noncash emergency disaster assist remains bachelor without regard to immigration status. Besides exempted from the restrictions are other in-kind services necessary to protect life or safe, equally long equally no private or household income qualification is required. In 2001, the U.Due south. attorney general published a final order specifying the types of benefits that meet these criteria. The attorney full general'south list includes child and adult protective services; programs addressing atmospheric condition emergencies and homelessness; shelters, soup kitchens, and meals-on-wheels; medical, public health, and mental health services necessary to protect life or condom; inability or substance abuse services necessary to protect life or rubber; 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 programme as a federal public benefit foreclosed to not-qualified immigrants, the law requires the land or local bureau to verify the immigration and citizenship status of all plan applicants. However, many federal agencies accept not specified which of their programs provide federal public benefits. Until they practice, state and local agencies that administrate the programs are non obligated to verify the immigration condition of people who employ for them.

And under an of import exception contained in the 1996 clearing law, nonprofit charitable organizations are not required to "determine, verify, or otherwise require proof of eligibility of any 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 fifty-fifty for many qualified immigrants by arbitrarily distinguishing between those who entered the U.Due south. before or "on or after" the date the law was enacted, August 22, 1996. The constabulary barred virtually immigrants who entered the U.S. on or after that date from "federal means-tested public benefits" during the five years subsequently they secure qualified immigrant status.^[24] This waiting period is often referred to as 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 tin receive federal funding for TANF, Medicaid, and CHIP to serve qualified immigrants who accept completed the federal 5-year bar.^[26] Refugees, people granted aviary or withholding of displacement/removal, Cuban/Haitian entrants, certain Amerasian immigrants,^[27] Iraqi and Afghan Special Immigrants, and survivors of trafficking are exempt from the v-yr bar, every bit are qualified immigrants who are veterans or active duty military machine 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 one-half of the states have used country funds to provide TANF, Medicaid, and/or Fleck 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 condition.

In 2009, when Congress first reauthorized the Flake program, 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.Southward.^[29] Thirty-five states plus the Commune of Columbia (equally of July 2021) have opted to take reward of this federal funding for immigrant health care coverage,^[30] which became available on April 1, 2009.

Seventeen states plus the District of Columbia use federal funds to provide prenatal care regardless of clearing status, under the CHIP program's choice enabling states to enroll fetuses in Fleck. Thus the pregnant person'due south fetus is technically the recipient of CHIP-funded services. This approach potentially limits the scope of services available to the meaning person to those direct related to the fetus's health.

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

Although the federal health care reform law, known equally 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 nowadays noncitizens whose immigration status makes them ineligible for Medicaid.^[32]

SNAP

Although the 1996 police severely restricted immigrant eligibility for the Supplemental Diet Help Plan (SNAP, formerly known as the Nutrient Postage Plan), subsequent legislation restored access 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 and their spouses and children, lawful permanent residents with credit for 40 quarters of piece of work history, certain Native Americans, lawfully residing Hmong and Laotian tribe members, and immigrants receiving disability-related help are eligible regardless of their date of entry into the U.S.^[33] Qualified immigrant seniors who were born earlier August 22, 1931, may be eligible if they were lawfully residing in the U.S. on August 22, 1996. Other qualified immigrant adults, yet, must expect until they have been in qualified condition for five years earlier they can secure critical nutrition assistance.

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

SSI

Congress imposed its harshest restrictions on immigrant seniors and immigrants with disabilities who seek assistance nether the SSI program.^[35] Although advocacy efforts in the two years following the welfare police force's passage achieved a partial restoration of these benefits, significant gaps in eligibility remain. For example, SSI continues to exclude not-qualified immigrants who were non already receiving the benefits, as well as most qualified immigrants who entered the country after the welfare police force passed and seniors without disabilities who were in the U.Due south. earlier that date.^[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 only during the first vii years after having obtained the relevant status. The main rationale for the seven-year time limit was that information technology 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 clearing backlogs, processing delays, one-time statutory caps on the number of asylees who can adjust their immigration status, language barriers, and other obstacles, fabricated it impossible for many of these individuals to naturalize within vii 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 cash help to sure immigrant seniors and people with disabilities who were rendered ineligible for SSI; some others provide much smaller general assistance grants to these immigrants.

The Touch of Sponsorship on Eligibility

Nether 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 government (an affirmation of support). Under the enforceable affidavit (Form I-864), the sponsor promises to back up 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 police requires the agency to "deem" the income of the immigrant'south sponsor or the sponsor's spouse as available to the immigrant. The sponsor'due south income and resources are added to the immigrant's, which often disqualifies the immigrant equally over-income for the program. The 1996 laws imposed deeming rules in certain programs until the immigrant becomes a citizen or secures credit for forty quarters (approximately 10 years) of work history in the U.Southward.

Domestic violence survivors and immigrants who would go hungry or homeless without assistance ("indigent" immigrants) are exempt from sponsor deeming for at least 12 months.^[39] Some programs utilize additional exemptions from the sponsor-deeming rules.^[40] The U.S. Department 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 nigh Eligibility

Defoliation about eligibility rules pervades benefit agencies and immigrant communities. The confusion stems from the complex interaction of the clearing and welfare laws, differences in eligibility criteria for various country and federal programs, and a lack of adequate training on the rules every bit 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 application 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 probable to become a public charge, clearing or consular officials review the "totality of the circumstances," including the person's health, age, income, pedagogy and skills, employment, family unit circumstances, and, well-nigh importantly, the affidavits of support.

The misapplication of this public charge footing 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 non change in 1996, and use of programs such as Medicaid or SNAP had never weighed heavily in determining whether individuals were inadmissible nether the public charge ground.

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

The Trump assistants attempted to alter these rules dramatically by issuing rules that would go far much more than difficult for depression- and eye-income families to emigrate, and that greatly exacerbated the chilling effect on access to services. Multiple courts found that the rules were likely unlawful. The Biden assistants dismissed the appeals of these decisions, immune an club vacating the DHS rule to take effect, and formally withdrew the prior assistants's DHS public charge 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 concern nearly 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 it more hard to immigrate to the U.S. to reunite with family members. Effective Dec xix, 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 affirmation 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 have been divers to be TANF, SSI, SNAP, nonemergency Medicaid, and Fleck. Regulations about the affidavits of support issued in 2006 make clear 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 not designated which programs would give ascent to sponsor liability, and, for diverse reasons, agencies generally have not attempted to seek reimbursement from sponsors. Nevertheless, the specter of making their sponsors liable financially has deterred eligible immigrants from applying for disquisitional services.

Language Access

Many immigrants face significant linguistic and cultural barriers to obtaining benefits. Every bit of 2019, approximately 22 pct of the U.S. population (5 years of age and older) spoke a language other than English at dwelling house.^[49] Although 97 percent of long-term immigrants to the U.S. eventually larn to speak English language well,^[50] many are in the process of learning the linguistic communication, and around 8.2 percent of people living in the U.S. speak English language less than very well.^[51] These limited–English practiced (LEP) residents cannot finer employ for benefits or meaningfully communicate with a health care provider without language assistance.

Championship 6 of the Civil 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 language. Benefit agencies, health care providers, and other entities that receive federal financial aid are required to take "reasonable steps" to assure that people who are LEP have "meaningful access" to federally funded programs, but compliance with this law varies widely, and language access remains a challenge.^[52]

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

Regulations finalized in 2020 rolled back aspects of department 1557's implementation, as provided in 2016 regulations, including narrowing the telescopic of its coverage and some specific provisions related to language access. The Biden assistants has indicated that information technology will propose new regulations in the spring of 2022.^[54]

Verification

Rules that require benefit agencies to verify applicants' immigration or citizenship condition have been misinterpreted by some agencies, leading some to demand immigration documents or Social Security numbers (SSNs) in situations when applicants are not required to submit such information.

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 acting guidance for federal benefit providers to use 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 continue to exercise so.^[56] Previously, the use of Salve in the SNAP program was an choice that could exist exercised by each state, but the 2014 Farm Bill mandated that Salve be used in SNAP nationwide.^[57]

All the same, important protections for immigrants who are field of study 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 employ SAVE, applicants who declare that they have a satisfactory condition and who provide documents within the reasonable opportunity period should remain eligible for assistance while verification of their status is pending. And data submitted to the SAVE system may not be used for civil immigration enforcement purposes.

The 1997 guidance recommends that agencies make decisions about financial and other eligibility factors before request an bidder for information almost their immigration status.

Questions on Application Forms

Federal agencies have worked to reduce the chilling effect of immigration status–related questions on do good applications. In 2000, HHS and USDA issued a "Tri-Agency Guidance" document, 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 clearing condition of the applicant for benefits is relevant. It encourages states to allow family unit or household members who are non seeking benefits to be designated as nonapplicants early in the application process. Similarly, under Medicaid, TANF, and SNAP, only the bidder must provide a Social Security number. In 2011, the USDA issued a memo instructing states to apply these principles in their online application procedures.^[59]

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

In 2001, HHS said that states providing CHIP through separate programs (rather than through Medicaid expansions) are authorized, but non obligated, to require SSNs on their Flake applications.^[61]

Reporting to the Department of Homeland Security

Another mutual source of fright 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 only to iii programs: SSI, sure federal housing programs, and TANF.^[63]

In 2000, federal agencies outlined the express circumstances under which the reporting requirement is triggered.^[64] But people who are really seeking benefits (not relatives or household members applying on their behalf) are subject to the reporting requirement. Agencies are non required to study such applicants unless there has been a formal determination, bailiwick to administrative review, on a merits for SSI, public housing, or TANF. The conclusion that the person is unlawfully nowadays also must exist supported by a determination by the clearing authorities, "such equally a Final Order of Deportation."^[65] Findings that do non meet these criteria (e.m., a DHS response to a SAVE computer inquiry indicating an immigrant's status, an oral or written admission past an applicant, or suspicions of agency workers) are insufficient to trigger the reporting requirement. Agencies are non 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 clearing status determinations that are non 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–immigration condition households, the DHS issued a memo in 2013 confirming that data submitted past applicants or family unit members seeking Medicaid, CHIP, or health care coverage nether the Affordable Care Act would not be used for ceremonious immigration enforcement purposes.^[66]

Looking Ahead

The 1996 welfare law produced precipitous decreases in public benefits participation by immigrants. Proponents of welfare "reform" saw that fact as testify of the constabulary's success, noting that a reduction of welfare employ, particularly 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 by their taxes.

During the COVID-19 pandemic, many states and localities recognized that they could not protect the wellness and safety of their residents unless everyone in the customs had access to wellness care, safe working conditions, and economic support. Numerous jurisdictions offered brusque-term disaster assistance, stimulus payments, or other relief to individuals who were excluded from federal economic impact payments and unemployment insurance programs. Some offered revenue enhancement credits or basic income to a subset of residents regardless of their immigration status.

These efforts, while helpful, were not sufficient to meet the demand or to address the longstanding racial disparities in access to care, support, and opportunities. Understanding that our lives, health, and economical security are interconnected, policymakers are exploring new strategies for ensuring that all community members tin can thrive.

This commodity, "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

[ane] Personal Responsibility and Work Opportunity Reconciliation Deed of 1996 (hereinafter "welfare law"), Pub. L. No. 104– 193, 110 Stat. 2105 (Aug. 22, 1996); and Illegal Immigration Reform and Immigrant Responsibility Human activity of 1996 (hereinafter "IIRIRA"), enacted as Partition C of the Defense Section 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 (Discussion Paper No. 02-03) (The Urban Institute, Jan. 2002), www.urban.org/research/publication/telescopic-and-impact-welfare-reforms-immigrant-provisions.

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

[iv] To exist 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 Against Women Act (VAWA) that has been approved 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. past a family unit fellow member with whom the immigrant resided, or the immigrant'south parent or child must have been subjected to such handling. The immigrant must also demonstrate a "substantial connection" between the domestic violence and the need for the benefit beingness sought. And the battered immigrant, parent, or child must not be living with the abuser. While many people who take 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 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 Human activity of 2008, Pub. L. 110–457, § 211 (Dec. 23, 2008).

[six] viii United states of americaC. § 1641(b)(8).

[seven] Throughout the residue of this article, qualified will be understood to accept this detail meaning, as will not-qualified; they will not be enclosed in quotation marks.

Before 1996, some of these immigrants were served past benefit programs nether an eligibility category called "permanently residing in the U.South. under color of law" (PRUCOL). PRUCOL is not an immigration status, but a benefit eligibility category that has been interpreted differently depending on the benefit program and the region. Generally, information technology means that the U.South. Department of Homeland Security (DHS) is aware of a person'south presence in the U.S. merely has no plans to comport or remove them from the country. A few states, including California and New York, proceed to provide services to immigrants meeting this definition, using state or local funds.

[eight] The Victims of Trafficking and Violence Protection Human activity of 2000, Pub. Fifty. No. 106–386, § 107 (Oct. 28, 2000). Federal agencies are required to provide benefits and services to individuals who have been subjected to a "severe form of trafficking in persons" to the same extent equally refugees, without regard to their immigration status. To receive these benefits, the survivor must be either nether 18 years of historic period or certified by the U.Due south. Department of Wellness and Human Services (HHS) every bit 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 being ensured by the attorney full general in club to prosecute traffickers in persons.

[9] Trafficking Victims Protection Reauthorization Act of 2003, Pub. L. No. 108–193, § iv(a)(2) (Dec. 19, 2003).

[ten] Iraqis and Afghans granted Special Immigrant visas (SIV) under the Refugee Crisis in Iraq Act of 2007 § 1244(chiliad) (subtitle C of title XII of division A of Public Law 110-181; 122 Stat. 398) or the Afghan Allies Protection Human activity of 2009 § 602(b)(8) (title VI of partition F of Public Law 111- 8; 123 Stat. 809) are eligible for benefits to the same extent every bit refugees. Department of Defence Appropriations Deed, 2010, Pub. Fifty. No. 111-118, § 8120 (Dec. xix, 2009). Afghans granted special immigrant parole (who have applied for SIV) are considered covered nether this act and are besides eligible for benefits to the same extent every bit refugees. "Afghan Special Immigrant Parolee and Lawful Permanent Resident Condition" (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 Help 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 xxx, 2022 — also are eligible for federal benefits to the same extent every bit 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. L. 116-260, § 208(c) (Dec. 27, 2020).

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

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

[fifteen] HHS, Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), "Interpretation of 'Federal Public Benefit,'" 63 Fed. Reg. 41658–61 (Aug. 4, 1998). The HHS notice clarifies that not every benefit or service provided within these programs is a federal public do good.

[16] HHS, Division of Energy Assistance, Office of Community Services, Memorandum from Janet One thousand. Flim-flam, Director, to Depression Income Dwelling Energy Assistance Program (LIHEAP) Grantees and Other Interested Parties, re. Revision-Guidance on the Interpretation of "Federal Public Benefits" Under the Welfare Reform Police (June 15, 1999).

[17] Welfare law § 411 (8 U.s.C. § 1621).

[xviii] See, e.g., Matter of Application of Cesar Adrian Vargas for Admission to the Bar of the State of New York (2015 NY Skid Op 04657; decided on June iii, 2015, Appellate Sectionalization, Second Department Per Curiam) (holding that the requirement under 8 United statesC. § 1621(d) that states must laissez passer legislation in guild 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 Country'due south tenth amendment rights).

[nineteen] Emergency Medicaid covers the treatment of an emergency medical condition, which is defined 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 immediate medical attending could reasonably be expected to result in: (A) placing the patient's health in serious jeopardy, (B) serious damage to actual functions: or (C) serious dysfunction of whatsoever bodily organ or role." 42 U.S.C. § 1396b(v).

[20] Welfare law § 401(b)(1)(A) (8 UsaC. § 1611(b)(1)(A)).

[21] Welfare law § 742 (viii UsaC. § 1615).

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

[23] IIRIRA § 508 (8 UsC. § 1642(d)).

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

[25] HHS, Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), "Interpretation of 'Federal Means-Tested Public Benefit,'" 62 Fed. Reg. 45256 (Aug. 26, 1997); U.S. Dept. of Agriculture (USDA), "Federal Ways Tested Public Benefits," 63 Fed. Reg. 36653 (July 7, 1998). The Scrap program, created after the passage of the 1996 welfare police, was later designated as a federal ways-tested public benefit program. See Wellness Care Financing Administration, "The Assistants's Response to Questions about the State Child Health Insurance Plan," Question 19(a) (Sept. eleven, 1997).

[26] States were besides given an choice to provide or deny federal TANF and Medicaid to most qualified immigrants who were in the U.South. earlier Aug. 22, 1996, and to those who enter the U.Southward. on or subsequently that date, once they have completed the federal 5-year bar. Welfare police force § 402 (8 The statesC. § 1612). Only ane state, Wyoming, denies Medicaid to immigrants who were in the state when the welfare constabulary passed. Colorado's proposed termination of Medicaid to these immigrants was reversed by the country legislature in 2005 and never took effect. In addition to Wyoming, 6 states (Mississippi, Montana, North Dakota, South Carolina, Due south Dakota, and Texas) require lawful permanent residents who complete the v-year bar to have credit for 40 quarters of work history in the U.S. in club to qualify for Medicaid. Southward Carolina and Texas, however, provide health coverage to lawfully residing children, while Due south Carolina and Wyoming comprehend lawfully residing pregnant persons regardless of their date of entry into the U.S. 5 states (Indiana, Mississippi, Ohio, South Carolina, and Texas) fail to provide TANF to all qualified immigrants who complete the federal five-year waiting period. For more detail, meet NILC'southward "Tabular array: Overview of Immigrant eligibility for Federal Programs," endnotes 5-seven, at www.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 under a special statute enacted in 1988 for Vietnamese Amerasians. Encounter § 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 under Migration and Refugee Assistance in Title 2 of the Strange Operations, Export Financing, and Related Programs Appropriations Deed, 1989, Public Law 100-461, as amended).

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

[29] Department 214 of the Children'due south Health Insurance Program Reauthorization Human activity of 2009 (CHIPRA) (H.R.2), Public Constabulary 111-3 (Feb. four, 2009).

[xxx] Postpartum care is not covered by these federal funds unless a country usually pays for this care as function of a bundled payment or global fee method. HHS Alphabetic character to State Wellness Officials (November. 12, 2002). Meet also Medical Assist Programs for Immigrants in Various States (National Immigration Constabulary Eye, July 2021), www.nilc.org/medical-assistance-diverse-states/.

[31] Pub. Law No. 111-148, as amended by the Health Care and Educational activity Act of 2010, Pub. Police No. 111-152. For more than information about immigrant eligibility for coverage nether the Affordable Care Act, meet Immigrants and the Affordable Intendance Act (ACA) (NILC, January. 2014), www.nilc.org/immigrantshcr/.

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

[33] For the purpose of "immigrants receiving disability-related assist," inability-related programs include SSI, Social Security disability, state disability or retirement alimony, railroad retirement disability, veteran'due south disability, disability-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 world wide web.nilc.org/updatepage/.

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

[36] Most new entrants cannot receive SSI until they get citizens or secure credit for 40 quarters of work history (including work performed by a spouse during matrimony, persons "holding out to the customs" every bit spouses, and by parents earlier the immigrant was xviii years erstwhile).

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

[38] Welfare law § 421 (8 United states of americaC. § 1631).

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

[xl] Children, for example, are exempt from deeming in the Supplemental Diet Assistance Program. In states that choose to provide Medicaid and CHIP to lawfully residing children and significant persons, regardless of their date of entry, deeming and other sponsor-related barriers practice non employ to these groups.

[41] 7 C.F.R. § 274.3(c). Come across also Supplemental Diet Assistance Programme: Guidance on Non-Citizen Eligibility (USDA, June 2011), https://fns-prod.azureedge.net/snap/eligibility/non-citizen-eligibility. Run across as well Deeming of Sponsor's Income and Resources to a Non-Citizen (HHS, TANF-ACF-PI-2003–03, April. 17, 2003), https://www.acf.hhs.gov/ofa/policy-guidance/tanf-acf-pi-2003-03-deeming-sponsors-income-and-resource-non-citizen. Federal agencies (HHS and USDA) posted additional 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 Admission to Wellness Care (National Health Law Program and NILC, May 22, 1998), https://www.montanaprobono.internet/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.Southward. Dept. of State, INA 212(A)(4) Public Accuse: Policy Guidance, ix FAM xl.41.

[45] The use of all health care programs, except for long-term institutionalization (eastward.grand., Medicaid payment for nursing home care), was alleged to be irrelevant to public charge determinations. Programs providing cash 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'southward circumstances," and therefore even the past use of cash help can be weighed against other favorable factors, such as a person'southward current income or skills or the contract signed by a sponsor promising to support the intending immigrant.

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

[47] Welfare law § 423, amended by IIRIRA § 551 (8 UsaC. § 1183a).

[48] U.South. 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 table, 2019).

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

[51] American Customs Survey, supra notation fifty.

[52] See the federal interagency language admission website, www.lep.gov, for a diverseness of materials, including guidance from the U.S. Dept. of Justice and federal benefit agencies.

[53] 42 UsC. § 18116.

[54] Compatible Regulatory Calendar, (Office of Management and the Upkeep, Jump 2021). https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202104&RIN=0945-AA17.

[55] DOJ, "Acting Guidance on Verification of Citizenship, Qualified Alien Status and Eligibility Under Title Iv of the Personal Responsibleness 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 Conflicting Verification for Entitlements (Relieve) program. See DOJ, "Verification of Eligibility for Public Benefits," 63 Fed. Reg. 41662–86 (Aug. 4, 1998). Final regulations have not nevertheless been issued. One time the regulations become final, states will accept two years to implement a conforming system for the federal programs they administer.

[56] Relieve 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 status 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. See the Immigration Reform and Control Act 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. four, 1998). See also The Systematic Conflicting Verification for Entitlements (SAVE) Program: A Fact Sheet (American Immigration Council, December. fifteen, 2011), https://world wide web.americanimmigrationcouncil.org/inquiry/systematic-conflicting-verification-entitlements-save-plan-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, Land Children'southward Health Insurance Program (SCHIP), Temporary Assistance for Needy Families (TANF), and Nutrient Stamp 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 also require that agencies assist eligible applicants in obtaining an SSN, may non 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 ane. 42 C.F.R. § 435.910(east), (f), and (h).

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

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

[63] Id. See as well H.R. Rep. 104–725, 104th Cong. 2d Sess. 382 (July thirty, 1996). The Nutrient Postage Program (now called the Supplemental Nutrition Assistance Plan, or SNAP) had a reporting requirement that preexisted the 1996 law.

[64] Social Security Administration, HHS, U.Southward. Dept. of Labor, U.South. Dept. of Housing and Urban Development, and DOJ – Immigration and Naturalization Service, "Responsibleness 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 conform to the reporting requirements of the Interagency Detect." Come across Supplemental Diet Aid Program: Guidance on Non-Citizen Eligibility (USDA, June 2011), https://fns-prod.azureedge.net/snap/eligibility/non-denizen-eligibility, pp. 48-52. See too seven C.F.R. § 273.4(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.