Can a Non Citizen Have a Us Baby and Get Free Stuff

Overview of Immigrant Eligibility for Federal Programs

Updated October 2021

By Tanya Broder, Gabrielle Lessard, and Avideh Moussavian

The major federal public benefits programs accept long excluded some not–U.South. 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, Help 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.Due south. generally were eligible for assist in a manner similar to U.Due south. citizens. One time the laws were implemented, most lawfully residing immigrants were barred from receiving assistance under the major federal benefits programs for five years or longer.

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

Efforts to address the spooky effects and confusion accept continued since that time. The Trump administration'southward exclusionary policies compounded the trouble, making information technology even more difficult to ensure that eligible immigrants and their family unit members would secure services.

This article focuses on eligibility and other rules governing immigrants' access to federal public benefits programs. Many states accept attempted to fill some of the gaps in noncitizen coverage resulting from the 1996 laws, either by electing federal options to cover more than eligible noncitizens or by spending land 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 sympathise the federal rules every bit well as the rules of the state in which an immigrant resides. Updates on federal and country rules are available on NILC'due south website.^[iii]

Immigrant Eligibility Restrictions

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

The 1996 welfare constabulary created two categories of immigrants for benefits eligibility purposes: "qualified" and "non qualified." Contrary to what these names advise, the constabulary excluded many people in both groups from eligibility for many benefits, with a few exceptions. The "qualified" immigrant category includes:

lawful permanent residents, or LPRs (people with dark-green cards)
refugees, people granted asylum or withholding of deportation/removal, and provisional entrants
people granted parole past the U.S. Section of Homeland Security (DHS) for a period of at least one year
Cuban and Haitian entrants
certain abused immigrants, their children, and/or their parents^[4]
certain survivors of trafficking^[5]
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 equally many people who are lawfully present in the U.South., are considered "non qualified."^[seven]

In the years since the initial definition became law, there accept 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 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.^[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 Micronesia, Marshall islands, and Palau who reside in the U.Due south. pursuant to a Meaty of Complimentary Association (COFA migrants) would be considered "qualified" immigrants.^[12]

Federal Public Benefits By and large Denied to "Not Qualified" Immigrants

With some of import exceptions detailed below, the law prohibits not-qualified immigrants from enrolling in well-nigh "federal public benefit programs."^[13] Federal public benefits include a variety of safety-net services paid for by federal funds.^[14] But the welfare law'south definition does not specify which programs are covered past the term, leaving that clarification to each federal benefit–granting bureau. In 1998, the U.S. Section of Wellness and Human Services (HHS) published a notice clarifying which of its programs autumn under the definition.^[xv] The list of 31 HHS programs includes Medicaid, the Children's Health Insurance Program (CHIP), Medicare, TANF, Foster Intendance, Adoption Aid, the Child Care and Development Fund, and the Low-Income Home Energy Assistance Program. Whatsoever new programs must be designated as federal public benefits in order to trigger the associated eligibility restrictions and, until they are designated as such, should remain open up to broader groups of immigrants.

The HHS discover clarifies that not every benefit or service provided within these programs is a federal public benefit. For example, in some cases not all of a plan'due south benefits or services are provided to an individual or household; they may extend, instead, to a customs of people — as in the weatherization of an unabridged apartment building.^[16]

The welfare police force also attempted to force states to laissez passer additional laws, subsequently August 22, 1996, if they choose to provide state public benefits to certain immigrants.^[17] Such micromanagement of state affairs by the federal government is potentially unconstitutional under the Tenth Amendment.^[18]

Exceptions to the Restrictions

The law includes important exceptions for certain types of services. Regardless of their immigration status, not-qualified immigrants are eligible for emergency Medicaid^[xix] if they are otherwise eligible for their state's Medicaid programme.^[20] The police force does not restrict access to public health programs that provide immunizations and/or treatment of communicable disease symptoms (whether or not those symptoms are acquired by such a disease). Schoolhouse breakfast and dejeuner programs remain open up to all children regardless of immigration status, and every state has opted to provide access to the Special Supplemental Diet Program for Women, Infants and Children (WIC).^[21]

Brusk-term noncash emergency disaster assistance remains available without regard to immigration status. Likewise exempted from the restrictions are other in-kind services necessary to protect life or prophylactic, as long as no individual or household income qualification is required. In 2001, the U.S. attorney full general published a terminal lodge specifying the types of benefits that meet 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 safety; disability or substance abuse 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 bureau designates a plan as a federal public benefit foreclosed to non-qualified immigrants, the law requires the state or local agency to verify the clearing and citizenship condition of all program applicants. However, many federal agencies accept not specified which of their programs provide federal public benefits. Until they do, state and local agencies that administer the programs are not obligated to verify the immigration status of people who utilize for them.

And under an important exception independent in the 1996 clearing police, nonprofit charitable organizations are not 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 fifty-fifty for many qualified immigrants by arbitrarily distinguishing between those who entered the U.S. before or "on or after" the engagement the constabulary was enacted, Baronial 22, 1996. The police barred nigh immigrants who entered the U.Due south. on or afterwards that date from "federal means-tested public benefits" during the five years subsequently they secure qualified immigrant condition.^[24] This waiting period is often referred to as the five-twelvemonth bar. Federal agencies antiseptic that the "federal means-tested public benefits" are Medicaid (except for emergency services), CHIP, TANF, SNAP, and SSI.^[25]

TANF, Medicaid, and Flake

States tin can receive federal funding for TANF, Medicaid, and Scrap to serve qualified immigrants who have completed the federal five-year bar.^[26] Refugees, people granted asylum or withholding of deportation/removal, Cuban/Haitian entrants, certain 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 agile duty military and their spouses and children. In add-on, children who receive federal foster intendance and COFA migrants are exempt from the five-year bar in the Medicaid program.

Over half of the states have used land 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 status.

In 2009, when Congress starting time reauthorized the Chip programme, states were granted an option to provide federally funded Medicaid and CHIP to "lawfully residing" children and/or pregnant persons regardless of their appointment of entry into the U.S.^[29] Xxx-five states plus the Commune of Columbia (equally of July 2021) accept opted to take reward of this federal funding for immigrant health care coverage,^[30] which became available on Apr ane, 2009.

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

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

Although the federal wellness care reform police, known every bit the Affordable Care Act (ACA),^[31] did non alter immigrant eligibility for Medicaid or Fleck, it provided new pathways for lawfully nowadays immigrants to obtain health insurance. Coverage purchased in the ACA'due south health insurance marketplaces is available to lawfully nowadays noncitizens whose clearing status makes them ineligible for Medicaid.^[32]

SNAP

Although the 1996 police force severely restricted immigrant eligibility for the Supplemental Diet Assistance Program (SNAP, formerly known as the Food Postage stamp Plan), subsequent legislation restored access for many immigrants. Qualified immigrant children, refugees, people granted asylum or withholding of displacement/removal, Cuban/Haitian entrants, sure 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 twoscore quarters of piece of work history, certain 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, however, must wait until they have been in qualified status for 5 years earlier they can secure disquisitional nutrition help.

Six states — California, Connecticut, Illinois, Maine, Minnesota, and Washington — provide state-funded diet assistance 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 under the SSI program.^[35] Although advocacy efforts in the two years following the welfare law's passage achieved a fractional 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, too as about qualified immigrants who entered the country afterward the welfare constabulary passed and seniors without disabilities who were in the U.South. before that appointment.^[36]

"Humanitarian" immigrants (including refugees, people granted aviary 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 vii-year fourth dimension 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.Due south. citizens. However, a combination of factors, including immigration backlogs, processing delays, quondam statutory caps on the number of asylees who can arrange their immigration status, language barriers, and other obstacles, fabricated it impossible for many of these individuals to naturalize within seven years. Although Congress enacted an extension of eligibility for refugees who faced a loss of benefits due to the seven-yr time limit in 2008, that extension expired in 2011.^[37] Subsequent attempts to reauthorize the extension were unsuccessful, and the termination from SSI of thousands of seniors and people with disabilities continues.

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

The Touch of Sponsorship on Eligibility

Under the 1996 welfare and immigration laws, family members and some employers eligible to file a petition to help a person immigrate must become financial sponsors of the immigrant by signing a contract with the government (an affidavit of support). 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'south financial eligibility for TANF, SNAP, SSI, nonemergency Medicaid, or Flake,^[38] in some cases the law requires the agency to "deem" the income of the immigrant's sponsor or the sponsor's spouse every bit bachelor to the immigrant. The sponsor'south income and resources are added to the immigrant's, which often disqualifies the immigrant as over-income for the program. The 1996 laws imposed deeming rules in certain programs until the immigrant becomes a citizen or secures credit for 40 quarters (approximately ten years) of piece of work history in the U.S.

Domestic violence survivors and immigrants who would go hungry or homeless without assist ("indigent" immigrants) are exempt from sponsor deeming for at to the lowest degree 12 months.^[39] Some programs apply additional exemptions from the sponsor-deeming rules.^[xl] The U.Southward. 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 about Eligibility

Confusion near eligibility rules pervades do good agencies and immigrant communities. The confusion stems from the complex interaction of the immigration and welfare laws, differences in eligibility criteria for various state and federal programs, and a lack of adequate training on the rules as antiseptic by federal agencies. Consequently, many eligible immigrants have assumed that they should not seek services, and eligibility workers take turned away eligible immigrants mistakenly.

Fear of Existence 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.Due south. if the authorities determine that the person is "probable to become a public charge."^[42] In deciding whether an immigrant is likely to become a public accuse, immigration or consular officials review the "totality of the circumstances," including the person's wellness, age, income, education and skills, employment, family circumstances, and, most importantly, the affidavits of support.

The misapplication of this public accuse ground of inadmissibility immediately after the welfare law passed contributed significantly to the chilling event on immigrants' access to services. The police force on public accuse did not modify in 1996, and utilize of programs such every bit Medicaid or SNAP had never weighed heavily in determining whether individuals were inadmissible under the public accuse ground.

Confusion and fear about these rules, even so, became widespread.^[43] Immigrants' rights advocates, wellness care providers, and country 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 afterwards assumed by the Department of Homeland Security, or DHS) issued helpful guidance and a proposed regulation on the public charge doctrine.^[44] The guidance clarifies that receipt of health care and other noncash benefits volition not jeopardize the immigration status of recipients or their family members by putting them at chance of being considered a public accuse.^[45]

The Trump administration attempted to alter these rules dramatically by issuing rules that would make it much more difficult for low- and middle-income families to immigrate, and that greatly exacerbated the chilling outcome on access to services. Multiple courts found that the rules were likely unlawful. The Biden administration dismissed the appeals of these decisions, immune an order vacating the DHS dominion to take consequence, and formally withdrew the prior administration'due south DHS public charge rule. It has announced its intention to promulgate new public charge rules. In the concurrently, the principles articulated in the 1999 Field Guidance govern public charge decisions.

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

Requirement of Affidavits of Support

The 1996 laws enacted rules that brand it more difficult to immigrate to the U.S. to reunite with family members. Effective December 19, 1997, relatives (and some employers) who sponsor an immigrant have been required to come across 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 per centum 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 defined to exist TANF, SSI, SNAP, nonemergency Medicaid, and Flake. Regulations about the affidavits of support issued in 2006 make clear that states are non obligated to seek reimbursement from sponsors and that states cannot collect reimbursement for services used prior to issuance of public notification that the services are considered means-tested public benefits for which sponsors volition be liable.^[48]

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

Language Access

Many immigrants face meaning linguistic and cultural barriers to obtaining benefits. Every bit of 2019, approximately 22 percent of the U.Southward. population (v years of historic period and older) spoke a linguistic communication other than English at home.^[49] Although 97 percent of long-term immigrants to the U.S. eventually learn to speak English language well,^[50] many are in the process of learning the linguistic communication, and effectually eight.2 percent of people living in the U.Due south. speak English less than very well.^[51] These limited–English proficient (LEP) residents cannot effectively employ for benefits or meaningfully communicate with a health care provider without language help.

Championship Six of the Civil Rights Act of 1964 and its implementing regulations prohibit recipients of federal funding from discriminating on the footing of national origin, which has been interpreted to prohibit discrimination based on language. Benefit agencies, wellness care providers, and other entities that receive federal financial assistance are required to take "reasonable steps" to assure that people who are LEP have "meaningful admission" to federally funded programs, but compliance with this law varies widely, and language access remains a claiming.^[52]

Section 1557 of the Affordable Intendance Act prohibits bigotry on the basis of race, color, national origin, sexual practice, age, or disability in health programs or activities that receive federal funding or are administered by an executive agency or any entity established nether Title I of the ACA, which created the wellness insurance marketplaces such equally HealthCare.gov.^[53]

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

Verification

Rules that crave benefit agencies to verify applicants' immigration or citizenship status 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 data.

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

However, important protections for immigrants who are subject to verification remain in identify. Applicants for major benefits are guaranteed a "reasonable opportunity" to provide requested clearing documents, including, in some cases, receipts confirming that the person has practical for replacement of lost documents. In the federal programs that are required by law to employ Relieve, applicants who declare that they have a satisfactory status and who provide documents inside the reasonable opportunity menstruum 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 immigration enforcement purposes.

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

Questions on Awarding 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-Bureau Guidance" certificate, 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 condition of the applicant for benefits is relevant. Information technology encourages states to allow family unit or household members who are not seeking benefits to exist designated as nonapplicants early in the application process. Similarly, nether Medicaid, TANF, and SNAP, just the applicant must provide a Social Security number. In 2011, the USDA issued a memo instructing states to use these principles in their online application procedures.^[59]

SSNs are not required for people seeking just emergency Medicaid.^[60]

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

Reporting to the Department of Homeland Security

Some other common 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 non lawfully present in the U.S. This requirement is, in fact, quite narrow in telescopic.^[62] It applies merely to 3 programs: SSI, certain 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 actually seeking benefits (not relatives or household members applying on their behalf) are subject to the reporting requirement. Agencies are not required to report such applicants unless in that location has been a formal determination, subject to administrative review, on a merits for SSI, public housing, or TANF. The conclusion that the person is unlawfully present also must be supported past a conclusion by the immigration regime, "such as a Final Guild of Deportation."^[65] Findings that do non meet these criteria (e.thou., a DHS response to a Relieve reckoner inquiry indicating an immigrant's condition, an oral or written admission by 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 in a higher place requirements. Finally, the guidance stresses that agencies are non required to brand clearing status determinations that are not necessary to ostend eligibility for benefits.

There is no federal reporting requirement in health programs. To address the concerns of eligible citizens and immigrants in mixed–clearing status households, the DHS issued a memo in 2013 confirming that information submitted past applicants or family members seeking Medicaid, Chip, or health care coverage nether the Affordable Care Human activity would non be used for ceremonious immigration enforcement purposes.^[66]

Looking Ahead

The 1996 welfare law produced sharp decreases in public benefits participation past immigrants. Proponents of welfare "reform" saw that fact every bit evidence of the law'southward success, noting that a reduction of welfare use, 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 health and safety of their residents unless everyone in the community had admission to wellness intendance, safe working atmospheric condition, and economical support. Numerous jurisdictions offered short-term disaster assistance, stimulus payments, or other relief to individuals who were excluded from federal economical impact payments and unemployment insurance programs. Some offered tax credits or basic income to a subset of residents regardless of their immigration status.

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

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

NOTES

[ane] Personal Responsibility and Work Opportunity Reconciliation Human activity of 1996 (hereinafter "welfare law"), Pub. 50. No. 104– 193, 110 Stat. 2105 (Aug. 22, 1996); and Illegal Clearing Reform and Immigrant Responsibility Act of 1996 (hereinafter "IIRIRA"), enacted as Sectionalization C of the Defense force 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'south Immigrant Provisions (Discussion Paper No. 02-03) (The Urban Institute, January. 2002), world wide web.urban.org/enquiry/publication/scope-and-impact-welfare-reforms-immigrant-provisions.

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

[4] To be considered a "qualified" immigrant under the battered spouse or child category, the immigrant must have an approved visa petition filed past a spouse or parent, a self-petition under the Violence Against Women Act (VAWA) that has been approved or sets forth a prima facie instance for relief, or an canonical awarding for cancellation of removal under VAWA. The spouse or child must have been battered or subjected to farthermost cruelty in the U.S. by a family unit fellow member with whom the immigrant resided, or the immigrant'south parent or child must have been subjected to such treatment. The immigrant must likewise demonstrate a "substantial connection" betwixt the domestic violence and the need for the do good beingness sought. And the battered immigrant, parent, or child must not be living with the abuser. While many people who have U visas accept survived domestic violence, they are non considered qualified dilapidated immigrants under this definition.

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

[vi] eight U.Due south.C. § 1641(b)(8).

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

Before 1996, some of these immigrants were served by do good programs under an eligibility category chosen "permanently residing in the U.Due south. under colour of police force" (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, it means that the U.S. Department of Homeland Security (DHS) is aware of a person's presence in the U.S. but has no plans to carry or remove them from the country. A few states, including California and New York, proceed to provide services to immigrants meeting this definition, using country or local funds.

[viii] The Victims of Trafficking and Violence Protection Act of 2000, Pub. Fifty. No. 106–386, § 107 (Oct. 28, 2000). Federal agencies are required to provide benefits and services to individuals who take been subjected to a "severe form of trafficking in persons" to the same extent as refugees, without regard to their immigration status. To receive these benefits, the survivor must exist either nether 18 years of historic period or certified by the U.S. Department of Health and Human Services (HHS) every bit willing to help 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 general in lodge to prosecute traffickers in persons.

[nine] Trafficking Victims Protection Reauthorization Act of 2003, Pub. 50. No. 108–193, § 4(a)(ii) (December. 19, 2003).

[10] Iraqis and Afghans granted Special Immigrant visas (SIV) nether the Refugee Crisis in Iraq Deed of 2007 § 1244(g) (subtitle C of championship XII of division A of Public Law 110-181; 122 Stat. 398) or the Afghan Allies Protection Human action of 2009 § 602(b)(8) (title Vi of partitioning F of Public Police 111- eight; 123 Stat. 809) are eligible for benefits to the same extent as refugees. Department of Defense Appropriations Act, 2010, Pub. 50. No. 111-118, § 8120 (December. 19, 2009). Afghans granted special immigrant parole (who have applied for SIV) are considered covered under this act and are also eligible for benefits to the same extent as 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.

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

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

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

[14] "Federal public benefit" is described in the 1996 federal welfare law equally (a) any grant, contract, loan, professional person license, or commercial license provided by an agency of the U.South. or by appropriated funds of the U.Due south., and (b) any retirement, welfare, health, disability, public or assisted housing, postsecondary education, food help, unemployment, benefit, or any 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.Southward.

[15] HHS, Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), "Interpretation of 'Federal Public Do good,'" 63 Fed. Reg. 41658–61 (Aug. 4, 1998). The HHS notice clarifies that non every do good or service provided inside these programs is a federal public benefit.

[16] HHS, Division of Free energy Aid, Office of Community Services, Memorandum from Janet Thousand. Fox, Managing director, to Low Income Dwelling house Free energy Assistance Programme (LIHEAP) Grantees and Other Interested Parties, re. Revision-Guidance on the Estimation of "Federal Public Benefits" Nether the Welfare Reform Police force (June fifteen, 1999).

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

[18] Come across, e.chiliad., 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 Partition, Second Department Per Curiam) (holding that the requirement under viii United states of americaC. § 1621(d) that states must pass legislation in order to opt out of the federal prohibition on issuing professional licenses — in this case, admission to the New York Land bar — to undocumented immigrants infringes on New York State's tenth amendment rights).

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

[20] Welfare law § 401(b)(i)(A) (8 U.S.C. § 1611(b)(i)(A)).

[21] Welfare law § 742 (8 United statesC. § 1615).

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

[23] IIRIRA § 508 (8 U.Due south.C. § 1642(d)).

[24] Welfare police force § 403 (8 U.S.C. § 1613).

[25] HHS, Personal Responsibleness and Piece of work Opportunity Reconciliation Human action of 1996 (PRWORA), "Interpretation of 'Federal Means-Tested Public Benefit,'" 62 Fed. Reg. 45256 (Aug. 26, 1997); U.Due south. Dept. of Agriculture (USDA), "Federal Means Tested Public Benefits," 63 Fed. Reg. 36653 (July 7, 1998). The CHIP program, created after the passage of the 1996 welfare law, was later designated every bit a federal means-tested public benefit program. See Wellness Care Financing Administration, "The Administration's Response to Questions virtually the State Kid Health Insurance Plan," Question xix(a) (Sept. xi, 1997).

[26] States were also given an option to provide or deny federal TANF and Medicaid to most qualified immigrants who were in the U.Due south. before Aug. 22, 1996, and to those who enter the U.S. on or after that date, once they have completed the federal five-yr bar. Welfare law § 402 (8 United statesC. § 1612). Simply one land, Wyoming, denies Medicaid to immigrants who were in the state when the welfare constabulary passed. Colorado'south proposed termination of Medicaid to these immigrants was reversed by the country legislature in 2005 and never took consequence. In addition to Wyoming, half dozen states (Mississippi, Montana, North Dakota, Due south Carolina, South Dakota, and Texas) crave lawful permanent residents who complete the five-year bar to accept credit for xl quarters of work history in the U.Southward. in society to qualify for Medicaid. South Carolina and Texas, withal, provide health coverage to lawfully residing children, while S Carolina and Wyoming embrace lawfully residing pregnant persons regardless of their date of entry into the U.S. 5 states (Indiana, Mississippi, Ohio, Southward Carolina, and Texas) fail to provide TANF to all qualified immigrants who complete the federal five-year waiting menses. For more detail, encounter NILC's "Table: Overview of Immigrant eligibility for Federal Programs," endnotes 5-vii, at www.nilc.org/table_ovrw_fedprogs/.

[27] For purposes of the exemptions described in this article, the term Amerasians applies simply to individuals granted lawful permanent residence nether a special statute enacted in 1988 for Vietnamese Amerasians. See § 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 II of the Foreign Operations, Consign Financing, and Related Programs Appropriations Human activity, 1989, Public Law 100-461, equally amended).

[28] See Guide to Immigrant Eligibility for Federal Programs, 4th ed. (National Immigration Law Center, 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 Police 111-iii (Feb. 4, 2009).

[30] Postpartum care is not covered by these federal funds unless a state unremarkably pays for this care as part of a bundled payment or global fee method. HHS Letter of the alphabet to State Wellness Officials (Nov. 12, 2002). See also Medical Help Programs for Immigrants in Various States (National Immigration Police force Middle, July 2021), www.nilc.org/medical-aid-various-states/.

[31] Pub. Police force No. 111-148, equally amended by the Wellness Care and Education Act of 2010, Pub. Police force No. 111-152. For more information nearly immigrant eligibility for coverage under the Affordable Care Act, see Immigrants and the Affordable Care Act (ACA) (NILC, Jan. 2014), world wide web.nilc.org/immigrantshcr/.

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

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

[34] See NILC'due south updated tables on land-funded services at www.nilc.org/updatepage/.

[35] Welfare constabulary § 402(a) (eight U.S.C. § 1612(a)).

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

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

[38] Welfare law § 421 (eight U.Southward.C. § 1631).

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

[forty] Children, for example, are exempt from deeming in the Supplemental Nutrition Assist Program. In states that choose to provide Medicaid and Fleck to lawfully residing children and pregnant persons, regardless of their appointment of entry, deeming and other sponsor-related barriers do non utilize to these groups.

[41] 7 C.F.R. § 274.3(c). See likewise Supplemental Nutrition Assistance Program: Guidance on Non-Denizen Eligibility (USDA, June 2011), https://fns-prod.azureedge.net/snap/eligibility/non-citizen-eligibility. See also Deeming of Sponsor's Income and Resource to a Not-Citizen (HHS, TANF-ACF-PI-2003–03, Apr. 17, 2003), https://www.acf.hhs.gov/ofa/policy-guidance/tanf-acf-pi-2003-03-deeming-sponsors-income-and-resources-non-denizen. Federal agencies (HHS and USDA) posted additional guidance pursuant to the Trump assistants'south May 23, 2019, memorandum on enforcing the responsibilities of sponsors. President Biden rescinded this memorandum on February two, 2021, directing agencies to review all deportment taken in accordance with the Trump memorandum.

[42] INA § 212(a)(4).

[43] Claudia Schlosberg and Dinah Wiley, The Touch on of INS Public Charge Determinations on Immigrant Admission to Wellness Care (National Wellness Law Program and NILC, May 22, 1998), https://www.montanaprobono.cyberspace/geo/search/download.67362.

[44] DOJ, "Field Guidance on Deportability and Inadmissibility on Public Charge Grounds," 64 Fed. Reg. 28689–93 (May 26, 1999); see 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 Charge: Policy Guidance, 9 FAM twoscore.41.

[45] The use of all health care programs, except for long-term institutionalization (e.g., Medicaid payment for nursing dwelling house intendance), 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 decision. The determination is based on the "totality of a person'southward circumstances," and therefore even the past apply of cash assistance can exist weighed against other favorable factors, such every bit a person's current income or skills or the contract signed by a sponsor promising to support the intending immigrant.

[46] See, east.g., Enquiry Documents Impairment 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-Sheet-ii.pdf.

[47] Welfare police force § 423, amended past IIRIRA § 551 (8 U.S.C. § 1183a).

[48] U.S. Dept. of Homeland Security, "Affidavits of Support on Behalf of Immigrants," 71 Fed. Reg. 35732, 35742–43 (June 21, 2006). On May 23, 2019, the Trump assistants 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 U.s.a. (American Communities Survey table, 2019).

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

[51] American Community Survey, supra note fifty.

[52] See the federal interagency language access website, world wide web.lep.gov, for a variety of materials, including guidance from the U.South. Dept. of Justice and federal benefit agencies.

[53] 42 U.S.C. § 18116.

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

[55] DOJ, "Interim Guidance on Verification of Citizenship, Qualified Alien Condition and Eligibility Under Title Four 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 acting guidance and the Systematic Alien Verification for Entitlements (SAVE) program. See DOJ, "Verification of Eligibility for Public Benefits," 63 Fed. Reg. 41662–86 (Aug. iv, 1998). Final regulations have non yet been issued. Once the regulations go final, states volition have 2 years to implement a conforming system for the federal programs they administer.

[56] Relieve is used to help state benefits agencies verify eligibility for several major benefits programs. See 42 U.S.C.§ 1320b-7. DHS verifies an applicant's immigration condition by borer numerous databases and/or through a manual search of its records. This data is used only to verify eligibility for benefits and may non be used for ceremonious immigration enforcement purposes. Run across the Immigration Reform and Control Act of 1986, 99 Pub. L. 603, § 121 (November. 6, 1986); DOJ, "Verification of Eligibility for Public Benefits," 63 Fed. Reg. 41662, 41672, and 41684 (Aug. 4, 1998). Run into besides The Systematic Alien Verification for Entitlements (SAVE) Program: A Fact Sheet (American Immigration Quango, December. fifteen, 2011), https://www.americanimmigrationcouncil.org/research/systematic-alien-verification-entitlements-relieve-program-fact-sheet.

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

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

[59] Befitting to the Tri-Bureau 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 awaiting issuance of the SSN, and provide exceptions for individuals who are ineligible for an SSN or who accept well-established religious objections to obtaining 1. 42 C.F.R. § 435.910(e), (f), and (h).

[61] HHS, Wellness Intendance Financing Administration, Interim Terminal Rule, "Revisions to the Regulations Implementing the State Children's Health Insurance Plan," 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, only proposes to make SSNs mandatory for Scrap applicants. 76 Fed. Reg. 51148, 51191-2, 51197 (Aug. 17, 2011).

[62] Welfare police § 404, amended by BBA §§ 5564 and 5581(a) (42 U.Due south.C. §§ 608(g), 611a, 1383(eastward), 1437y).

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

[64] Social Security Assistants, HHS, U.S. Dept. of Labor, U.Southward. Dept. of Housing and Urban Development, and DOJ – Immigration and Naturalization Service, "Responsibility of Certain Entities to Notify the Immigration and Naturalization Service of Any Alien Who the Entity 'Knows' Is Not Lawfully Nowadays in the Us," 65 Fed. Reg. 58301 (Sep. 28, 2000). USDA similarly has clarified that "State agencies must conform 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.net/snap/eligibility/not-citizen-eligibility, pp. 48-52. Meet besides vii C.F.R. § 273.four(b)(i).

[65] Id.

[66] Description of Existing Practices Related to Sure Health Intendance Information (DHS, Oct. 25, 2013), www.ice.gov/doclib/ero-outreach/pdf/ice-aca-memo.pdf.

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