C urrent federal benefits eligibility for immigrants is largely shaped by the 1996

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2 Immigrants Eligibility for Federal Benefits C urrent federal benefits eligibility for immigrants is largely shaped by the 1996 welfare reform law, the Personal Responsibility and Work Opportunity Reconciliation Act, which significantly narrowed the assistance available to immigrants. 1 Before that, lawful permanent residents generally were treated like citizens for purposes of securing public benefits. The 1996 law restricted access to many benefit programs for low-income immigrants and transferred authority to offer or deny certain benefits to immigrants from the federal to state governments. While states generally chose to offer benefits when federal funding was available, and many offered their own funds to assist immigrants rendered ineligible for federal programs, the state replacement programs tended to cover fewer people and to offer lower benefits. Unprecedented state budget shortfalls in recent years placed additional pressure on these programs, some of which were eliminated. The political rhetoric that formed the context and laid the groundwork for welfare and immigration reform in the mid-1990s demonized illegal aliens as draining welfare coffers, even though they were eligible for no cash assistance programs at all and practically no public benefits in any form. 2 Actual welfare reform savings came disproportionately at the expense of lawfully present immigrants. Some of the most severe eligibility restrictions were imposed on lawfully present immigrants who had been receiving Supplemental Security Income (SSI) and food stamps. In the late 1990s, after being deluged with stories of the despair and suffering of seniors and immigrants who had disabilities and faced loss of their SSI benefits and accompanying Medicaid coverage as well as food stamps, Congress restored coverage to some of the immigrants who had been receiving these benefits when the 1996 law was passed. The two tables here strive to offer a user-friendly overview of immigrants eligibility for federal public benefit programs, including SSI, food stamps, Temporary Assistance for Needy Families (TANF), Medicaid, and other health care benefit programs. Table 1, from the National Immigration Law Center s Guide to Immigrant Eligibility for Federal Programs (revised in March 2004), sets forth, by benefit program, which immigrants are eligible. The qualified immigrants to whom the chart refers are lawful permanent residents (holders of green cards ), refugees, asylees, persons granted withholding of deportation or removal, conditional entrants, per- 1 Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No , 110 Stat (Aug. 22, 1996). A month later, Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Iirira), enacted as Division C of the Defense Department Appropriations Act of 1997, Pub. L. No , 110 Stat (Sept. 30, 1996). Iirira modified some of the immigrant benefits provisions and, among other restrictions, imposed new income requirements and obligations on individuals petitioning for relatives to come to the United States. 2 See Dan Lesser, Illinois s New SSI Replacement Program for Refugees and Asylees: An Advocacy Success Story, in this issue. Clearinghouse REVIEW Journal of Poverty Law and Policy September October

3 sons granted parole by the U.S. Citizenship and Immigration Services for at least one year, Cuban or Haitian entrants, and certain abused immigrants and their children or parents. 3 Table 2, prepared by Dan Lesser, sets forth, by immigration status, the major benefit programs (food stamps, Medicaid, TANF, and SSI) for which immigrants are eligible in Illinois. States have taken a variety of approaches to immigrants eligibility for benefits; some are more generous, exercising options under federal law and supplementing with their own funds to make more people eligible, while others have exercised options under federal law to offer less generous coverage. This chart does not differentiate between state-funded and federally funded eligibility since that distinction makes little practical difference to immigrants and their advocates. Rather, it is a practical tool; advocates in other states may want to develop similar charts for their own use. Advocates should keep in mind that only persons on whose behalf benefits are sought must verify their immigration status. For example, a parent may apply for benefits for her U.S. citizen children but not for herself. In this case she need not give specific information about her own status. Some states TANF programs have mandatory assistance rules requiring all members of an assistance unit, including parents not seeking assistance, to establish that they are not eligible for the benefit. Such ineligible immigrants, including undocumented immigrants, may tell their workers simply that they are ineligible or not qualified immigrants and do not need to disclose their actual status. For complete information about benefits eligibility for immigrants, consult the ultimate resource: The National Immigration Law Center s Guide to Immigrant Eligibility for Federal Programs (4th ed. 2002). For ordering information, see pubs/guide_orderfrm.htm (at $45 a copy for nonprofit organizations). The center includes regular updates of the Guide on its For an abridgment of a portion of the information available in the Guide, see Tanya Broder and Dinah Wiley, Immigrants Eligibility for Federal Benefits, in POVERTY LAW MANUAL FOR THE NEW LAWYER (Shriver Center 2002); an update is available at Marcia Henry 3 For more information on the rights of abused immigrants, see, in this issue, Darryl L. Hamm, Special Immigrant Juvenile Status: A Life Jacket for Immigrant Youth, and Julie E. Dinnerstein, Immigration Options for Immigrant Victims of Domestic Violence. 394 Clearinghouse REVIEW Journal of Poverty Law and Policy September October 2004

4 Table 1. Immigrant Eligibility for Federal Programs Immigrants Eligibility for Federal Benefits Source: Adapted from NATIONAL IMMIGRATION LAW CENTER, GUIDE TO IMMIGRANT ELIGIBILITY FOR FEDERAL PROGRAMS (revised ed. 2004). Note: This overview accounts for immigrant eligibility for the major federal public assistance programs. Some states provide assistance to immigrants who are not eligible for federally funded services. PROGRAM Before August 22, 1996 on or After August 22, 1996 NOT QUALIFIED IMMIGRANTS Supplemental Security Income (SSI) Receiving SSI (or application pending) on August 22, 1996 Qualify as disabled and were lawfully residing in the United States on August 22, Lawful permanent resident with credit for forty quarters of work 1,2 entrant, or Amerasian immigrant, but only during first seven years after getting status Certain American Indians born abroad Lawful permanent resident with credit for forty quarters of work (but must wait until five years after entry before applying) 2 entrant, or Amerasian immigrant, but only during first seven years after getting status Certain American Indians born abroad Receiving SSI (or application pending) on August 22, 1996 Certain American Indians born abroad Victims of trafficking and their derivative beneficiaries Food Stamps 3 Are under 18 3 entrant, or Amerasian immigrant Have been in qualified immigrant status for five years 1 Are receiving disability-related assistance 1,4 Lawful permanent resident with credit for forty quarters of work Are under 18 3 entrant, or Amerasian immigrant Have been in qualified immigrant status for five years 1 Are receiving disability-related assistance 1,4 Lawful permanent resident with credit for forty quarters of work Member of Hmong or Laotian tribe during the Vietnam era, when the tribe militarily assisted the United States, spouse, surviving spouse, or child of tribe member, who is lawfully present in the United States Certain American Indians born abroad Victims of trafficking and their derivative beneficiaries Were 65 years or older and were lawfully residing in the United States on August 22, Member of Hmong or Laotian tribe during the Vietnam era, when the tribe militarily assisted the United States; spouse, surviving spouse, or child of tribe member 1 Member of Hmong or Laotian tribe during the Vietnam era, when the tribe militarily assisted the United States; spouse, surviving spouse, or child of tribe member 1 Certain American Indians born abroad Certain American Indians born abroad Clearinghouse REVIEW Journal of Poverty Law and Policy September October

5 Table 1. Immigrant Eligibility for Federal Programs (Continued) PROGRAM Before August 22, 1996 on or After August 22, 1996 NOT QUALIFIED IMMIGRANTS Temporary Assistance for Needy Families (TANF) 1 entrant, or Amerasian immigrant 5 only if victims of trafficking and their derivative beneficiaries Have been in qualified immigrant status for five years or more 1,5 Emergency Medicaid (includes labor and delivery) Full-Scope Medicaid 6 entrant, or Amerasian immigrant 7 Have been in qualified immigrant status for five years or more 1,7 Were receiving SSI on August 22, 1996 (in states that link Medicaid to SSI eligibility) Certain American Indians born abroad Victims of trafficking and their derivative beneficiaries State Children s Health Insurance Program (SCHIP) 8 entrant, or Amerasian immigrant only if victims of trafficking and their derivative beneficiaries Have been in qualified immigrant status for five years or more 1 Medicare Premium Free Part A (hospitalization) (eligibility based on work history) only if lawfully present, and eligibility for assistance is based on authorized employment Premium Buy-in Medicare only if lawful permanent resident who has resided continuously in the United States for at least five years only if lawful permanent resident who has resided continuously in the United States for at least five years Not eligible 396 Clearinghouse REVIEW Journal of Poverty Law and Policy September October 2004

6 Table 1. Immigrant Eligibility for Federal Programs (Continued) PROGRAM Before August 22, 1996 on or After August 22, 1996 NOT QUALIFIED IMMIGRANTS HUD Public Housing and Section 8 Programs except certain Cuban or Haitian entrants and qualified abused spouses and children Note: If at least one member of the household is eligible based on immigration status, the family may reside in the housing, but the subsidy is prorated except certain Cuban or Haitian entrants and qualified abused spouses and children Note: If at least one member of the household is eligible based on immigration status, the family may reside in the housing, but the subsidy will be prorated Temporary resident under Immigration Reform and Control Act general amnesty or paroled into the United States for less than one year Victims of trafficking and their derivative beneficiaries Citizens of Micronesia, the Marshall Islands, and Palau Note: For other immigrants, eligibility may depend on the date the family began receiving housing assistance, the immigration status of other household members, and the household composition Also note: If at least one member of the household is eligible based on immigration status, the family may reside in the housing, but the subsidy is prorated Title XX Block Grants Victims of trafficking and their derivative beneficiaries Program or service funded by the block grant is exempt from the welfare law s restrictions Social Security 9 9 Lawfully present 9 Were receiving assistance based on an application filed before December 1, 1996 Eligibility required by certain international agreements Other Federal Public Benefits (subject to welfare law s restrictions) only if victims of trafficking and their derivative beneficiaries Benefits (exempt from welfare law s restrictions) Clearinghouse REVIEW Journal of Poverty Law and Policy September October

7 Table 1. Immigrant Eligibility for Federal Programs (Continued) Key Terms Qualified immigrants are (1) lawful permanent residents; (2) refugees, asylees, persons granted withholding of deportation or removal, conditional entry (in effect before April 1, 1980), or paroled into the United States for at least one year; (3) Cuban or Haitian entrants; and (4) battered spouses and children who have a pending or approved (a) self-petition for an immigrant visa, or (b) immigrant visa filed for a spouse or child by a U.S. citizen or lawful permanent resident, or (c) application for cancellation of removal or suspension of deportation, and whose need for benefits has a substantial connection to the battery or cruelty. The parent or child of such battered child or spouse is also qualified. Victims of trafficking (who are not included in the qualified immigrant definition) and their derivative beneficiaries are eligible for benefits funded or administered by federal agencies, without regard to their immigration status. Not qualified immigrants include all noncitizens who do not fall under the qualified immigrant categories. Notes 1. Eligibility may be affected by deeming: a sponsor s income or resources may be added to the immigrant s in determining eligibility. Exemptions from deeming may apply. 2. Lawful permanent residents are eligible if they have worked forty qualifying quarters in the United States. Immigrants also get credit toward their forty quarters for work performed (1) by parents when the immigrant was under 18 and (2) by spouse during the marriage (unless the marriage ended in divorce or annulment). No credit is given for a quarter worked after December 31, 1996, if a federal meanstested public benefit (Supplemental Security Income (SSI), food stamps, Temporary Assistance for Needy Families (TANF), Medicaid, or State Children s Health Insurance Program (SCHIP)) was received in that quarter. 3. Children are not subject to sponsor deeming in the Food Stamp Program. 4. Disability-related benefits include SSI, social security disability, state disability or retirement pension, railroad retirement disability, veteran s disability, disability-based Medicaid, and disability-related General Assistance if the disability determination uses criteria as stringent as those used by federal SSI. 5. In Indiana, Mississippi, Ohio, South Carolina, and Texas, TANF is available only to immigrants who entered the United States on or after August 22, 1996, and who are (1) lawful permanent residents credited with forty quarters of work; (2) veterans, active-duty military (and their spouse, unremarried surviving spouse, or child); or (3) refugees, asylees, persons granted withholding of deportation or removal, Cuban or Haitian entrants, and Amerasian immigrants during the five years after obtaining this status. Indiana provides TANF to refugees listed in item 3 regardless of the date they obtained that status. Mississippi does not address eligibility for Cuban or Haitian entrants or Amerasian immigrants. 6. In Wyoming only lawful permanent residents with forty quarters of work credit, abused immigrants, parolees, veterans, activeduty military (and their spouse, or child), refugees, asylees, persons granted withholding of deportation entrants, and Amerasian immigrants who entered the United States before August 22, 1996, are eligible for full-scope Medicaid. Similar restrictions in Colorado are under litigation. 7. In Alabama, Mississippi, North Dakota, Ohio, Texas, Virginia, and Wyoming full-scope Medicaid is available only to immigrants who entered the United States on or after August 22, 1996, and who are (1) lawful permanent residents credited with forty quarters of work; (2) veterans, active-duty military (and their spouse, or child); or (3) refugees, asylees, persons granted withholding of deportation entrants, and Amerasian immigrants during the seven years after obtaining this status. Similar restrictions in Colorado are under litigation. Wyoming provides full-scope Medicaid to qualified abused immigrants and persons paroled into the United States regardless of their date of entry. In Texas Amerasian immigrants are eligible only during the five years after obtaining this status; Mississippi and North Dakota do not address eligibility for Cuban or Haitian entrants or Amerasian immigrants. 8. In states that opt to cover fetuses, SCHIP provides prenatal care regardless of the mother s immigration status. The scope of coverage depends in part on how the option is implemented. 9. For applications based on social security numbers issued on or after January 1, 2004, applicants must have been assigned a social security number that was, at the time assigned or at any later time, valid for work purposes. Alternatively they must have been admitted to the United States temporarily for business or as a crewman when the relevant work quarters were earned. 398 Clearinghouse REVIEW Journal of Poverty Law and Policy September October 2004

8 Table 2. Illinois Noncitizen Benefit Eligibility Chart by Immigration Status Source: Statutes dealing with benefit programs. Immigrant Status Food Stamps Medicaid or KidCare Temporary Assistance for Needy Families (TANF) Supplemental Security Income (SSI) U.S. citizens (born in the United States or naturalized) Refugee, asylee, Cuban or Haitian entrant, person granted withholding of deportation or removal, Amerasian immigrant without time limitation if: received SSI or had application pending on August 22, 1996; lawfully resided in the United States on August 22, 1996, and is disabled; or a lawful permanent resident credited with forty quarters of work Otherwise eligible for SSI for seven years after granted status. If suspended from SSI after seven years, then eligible for up to $500 monthly allowance from Illinois Department of Human Services Aid to the Aged, Blind, and Disabled program Adult lawful permanent resident, parolee for at least one year if: has lived in the United States as qualified immigrant for five years;* or disabled; or lawfully resided in the United States and was 65 on August 22, 1996; or a lawful permanent resident credited with forty quarters of work if physically entered the United States before August 22, 1996 If physically entered the United States after August 22, 1996, eligible after having lived in the United States as qualified immigrant for five years* if physically entered the United States before August 22, 1996 If physically entered the United States after August 22, 1996, eligible after having lived in the United States as qualified immigrant for five years* if: received SSI or had application pending on August 22, 1996; lawfully resided in the United States on August 22, 1996, and is disabled; or a lawful permanent resident credited with forty quarters of work and has lived in the United States as qualified immigrant for five years* * In this context qualified immigrant means (1) lawful permanent resident, (2) parolee for at least one year, (3) conditional entrant, or (4) certain abused noncitizens and their children and parents. Clearinghouse REVIEW Journal of Poverty Law and Policy September October

9 Table 2. Illinois Noncitizen Benefit Eligibility Chart by Immigration Status (Continued) Immigrant Status Food Stamps Medicaid or KidCare Temporary Assistance for Needy Families (TANF) Supplemental Security Income (SSI) Children lawful permanent resident, parolee for at least one year for KidCare if physically entered the United States before August 22, 1996 If physically entered the United States after August 22, 1996, eligible after having lived in the United States as qualified immigrant for five years* if: received SSI or had application pending on August 22, 1996; lawfully resided in the United States on August 22, 1996, and is disabled; or a lawful permanent resident credited with forty quarters of work and has lived in the United States as qualified immigrant for five years* Victim of trafficking and certain Native Americans Hmong and Highland Laotians if: received SSI or had application pending on August 22, 1996; lawfully resided in the United States on August 22, 1996, and is disabled; or a lawful permanent resident credited with forty quarters of work and has lived in the United States as qualified immigrant for five years * In this context qualified immigrant means (1) lawful permanent resident, (2) parolee for at least one year, (3) conditional entrant, or (4) certain abused noncitizens and their children and parents. 400 Clearinghouse REVIEW Journal of Poverty Law and Policy September October 2004

10 Table 2. Illinois Noncitizen Benefit Eligibility Chart by Immigration Status (Continued) Immigrant Status Food Stamps Medicaid or KidCare Temporary Assistance for Needy Families (TANF) Supplemental Security Income (SSI) Conditional entrant, certain abused noncitizens, and their children and parents (including Violence Against Women Act self-petitioners, family petitioners, and lawful permanent residents who have been abused) if: has lived in the United States as qualified immigrant for five years;* a child; disabled; lawfully resided in the United States and was 65 on August 22, 1996; or a lawful permanent resident credited with forty quarters of work if: received SSI or had application pending on August 22, 1996; lawfully resided in the United States on August 22, 1996, and is disabled; or a lawful permanent resident credited with forty quarters of work and has lived in the United States as qualified immigrant for five years* Veteran, active-duty service member, spouse, and dependent children if a qualified immigrant* if a qualified immigrant* * In this context qualified immigrant means (1) lawful permanent resident, (2) parolee for at least one year, (3) conditional entrant, or (4) certain abused noncitizens and their children and parents. All noncitizens regardless of immigration status are eligible for the following: Prenatal, labor and delivery, and postpartum care (through KidCare Moms and Babies program) Emergency medical services (including end-state renal disease services) School lunch and breakfast WIC (supplemental food program for women, infants, and children) Head Start Non-means-tested benefits delivered at the community level such as food pantries, homeless shelters, child protection services, and domestic violence, mental health, and substance abuse treatment. Special Note: Prucol (permanently residing in the United States under color of law) children are eligible for KidCare regardless of when they entered the United States. Prucol children include every immigration status listed on the above chart and any others who permanently reside in the United States with the U.S. Citizenship and Immigration Services approval, including but not limited to: Persons granted temporary parole Persons whose deportation has been stayed, withheld, or suspended Persons granted deferred action status or under order of supervision Applicants for permanent residency Applicants for asylum from any country Clearinghouse REVIEW Journal of Poverty Law and Policy September October