which denies illegal aliens access to
“appropriated funds of the United States”
Contents
Introduction ...................................................................................................................................... 1
Current Eligibility Policy .......................................................................................................... 1
Citizens of the Freely Associated States .................................................................................... 3
Trends in Noncitizen Poverty and Benefit Use ................................................................................ 4
Noncitizen Poverty Levels ........................................................................................................ 4
General Trends .................................................................................................................... 4
Comparative Analysis ......................................................................................................... 5
Noncitizen Benefit Use .............................................................................................................. 6
Formative Research ............................................................................................................. 6
Recent Findings ................................................................................................................... 7
Program Participation Data ....................................................................................................... 9
Supplemental Security Income (SSI) .................................................................................. 9
Food Stamps/SNAP ........................................................................................................... 10
Cash Assistance ................................................................................................................. 10
Related Immigrant Policies Affecting Eligibility........................................................................... 10
Federal and State Benefit Eligibility Standards for Unauthorized Aliens ...................................... 11
Federal Benefits ....................................................................................................................... 11
State Benefits ........................................................................................................................... 13
The person petitioning for the immigrant’s admission must be the sponsor
signing the affidavit of support.
• Sponsors must demonstrate the ability to maintain an annual income of at least
125% of the federal poverty line (100% for sponsors who are on active duty in
U.S. Armed Forces), or share liability with one or more joint sponsors, each of
whom must independently meet the income requirement.
• All family-based immigrants as well as employment-based immigrants who are
coming to work for relatives must have affidavits of support filed for them.
• Sponsors who fail to support sponsored aliens are legally liable to the sponsored
aliens and to any government agency that provides sponsored aliens needs-based
assistance. As modified by the 1996 immigration law, a sponsor’s liability ends
when the sponsored alien is no longer subject to deeming, either through
naturalization or meeting a work test.43
• Since passage of IIRIRA, the affidavit of support is a legally binding contract
enforceable against the affiant (i.e., sponsors) if the immigrant collects any
means-tested benefit.44 Upon notification that a sponsored alien has received
designated means-tested benefits, the federal, state, or local entity which
provided the benefit must request the sponsor’s reimbursement for an amount
equal to the cost of the benefit.45 If the sponsor fails to respond to the request
within 45 days, the agency may commence an action in federal or state court.46
There is a 10-year limit on actions to obtain reimbursement.47
The other, more restrictive category is that of non-qualified aliens. It consists of other
noncitizens, including unauthorized (illegal) aliens, nonimmigrants (i.e., aliens admitted for a
temporary purpose, such as education or employment), short-term parolees, asylum applicants,
and various classes of aliens granted temporary permission to remain. Non-qualified aliens
generally are ineligible for almost all federal assistance provided directly to households or
individuals. Limited exceptions include emergency medical services and disaster relief.50
In general, qualified aliens compose the “universe” of potentially eligible noncitizens. As noted
below and in the earlier portions of this report, however, these aliens must, in most cases, pass
another test to gain eligibility. In addition, some classes of noncitizens who are not specifically
listed as qualified aliens (e.g., Hmong/Highland Laotians, Vietnam-born Amerasians fathered by
U.S. citizens) are indeed eligible for benefits. Qualified aliens are subject to eligibility restrictions
that vary by program (see Appendix A) and may be subject to sponsor-to-alien deeming rules
that affect their financial eligibility for aid (noted earlier in this report).
• To gain eligibility for food stamps/SNAP, qualified aliens must (1) have a
substantial work history or military connection; (2) have been resident in the
United States as of August 22, 1996, and meet certain age or disability
requirements; or (3) be within seven years of entry (e.g., if a refugee/asylee).
• To gain eligibility for SSI, qualified aliens must (1) have a substantial work
history or military connection; (2) have been an SSI recipient as of August 22,
1996; (3) have been resident in the United States as of August 22, 1996, and be
disabled; or (3) be within seven years of entry (e.g., if a refugee/asylee).
• To gain eligibility for TANF, qualified aliens must (1) have a substantial work
history or military connection; (2) be in a state that has chosen to allow eligibility
to those resident as of August 22, 1996, and/or new entrants who have been
resident five years; or (3) be within five years of entry (e.g., if a refugee/asylee).
New entrants are not eligible for five years after entry.
• To gain eligibility for Medicaid, qualified aliens must (1) have a substantial work
history or military connection; (2) be in a state that has chosen to allow eligibility
to those resident as of August 22, 1996, and/or new entrants who have been
resident five years; or (3) be within seven years of entry (e.g., if a refugee or
asylee). For Medicaid and CHIP, new entrants are not eligible for 5 years after
entry, except in the states that have opted to cover children and pregnant LPRs.
for “federal public benefits,”
including health,
welfare,
food assistance,
housing assistance,
unemployment,
retirement,
post secondary education and
hundreds of other programs.
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