A common source of questions and debate is whether non-citizen immigrants are eligible for assistance through federal programs. This area is one of the more confusing portions of immigration law, as the rules and standards are often subject to change.
Formerly, the major federal public benefits programs excluded all non–U.S. citizens from eligibility for assistance.
Programs such as the Supplemental Nutrition Assistance Program (SNAP, formerly known as the Food Stamp Program), nonemergency Medicaid, Supplemental Security Income (SSI), and Temporary Assistance for Needy Families (TANF) were usually unavailable both to people who are legally here in the United States on temporary visas, and those who were undocumented immigrants (those without legal permission to be in the United States).
However, in 1996 federal welfare and immigration laws introduced different policies for public benefits programs for aliens. The 1996 laws created two categories of immigrants for benefits eligibility purposes: “qualified” and “not qualified.”
The “qualified” immigrant category includes:
- Lawful permanent residents (people with green cards)
- Refugees
- People granted asylum
- People granted withholding of deportation/removal
- Conditional immigrants
- People granted parole by the U.S. Department of Homeland Security (DHS) for a period of at least one year
- Certain abused immigrants, their children, and/or their parents
- Certain survivors of human trafficking
- Some people from Cuba, Haiti, Iraq, Afghanistan and the Ukraine
- For Medicaid purposes only, citizens of Micronesia, Marshall Islands, and Palau who reside in the U.S. pursuant to a Compact of Free Association (COFA migrants)
All other immigrants, including undocumented immigrants, as well as many people who are lawfully present in the U.S, are considered “not qualified.”
Even many qualified immigrants are ineligible to receive benefits because the law distinguishes between those who entered the U.S. before or “on or after” the date the law was enacted (August 22, 1996). The law bars most immigrants who entered the U.S. on or after that date from “federal means-tested public benefits” during the five years after they secure qualified immigrant status. 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.
The Five-Year Bar, SNAP and Social Security Disability (Supplemental Security Income)
Qualified aliens are ineligible for SNAP for a period of 5 years beginning on the date of the alien’s entry into the United States. Exceptions to the 5-year ban on SNAP are:
- Children (under 18 years old)
- Aliens who were lawfully residing in the U.S. and were age 65 or older on August 22, 1996
- Aliens who are receiving assistance for blindness or disability.
- Certain Indians
- Certain Hmong and Highland Laotians
- Refugees
- People admitted under asylum
- Aliens whose deportation is being withheld or postponed
- Amerasians, Cuban and Haitian entrants
- Victims of a severe form of trafficking
- Veterans, members of the military on active duty, and their spouses and unmarried dependent children.
- Legal permanent residents (green card holders) who have worked 40 qualifying quarters of coverage under
- Supplemental Security Income (SSI). Most qualified aliens who enter the U.S. on or after August 22, 1996 are ineligible for SSI until they become U.S. citizens, which generally requires at least five years of residency
Exceptions to the ban on SSI:
- All aliens who were receiving SSI on August 22, 1996
- Qualified aliens lawfully residing in the U.S. on August 22, 1996, who were not receiving SSI but are or become disabled in the future
- Refugees
- People granted asylum
- Aliens whose deportation is being withheld or postponed
- Amerasians, Cuban and Haitian entrants
- Veterans, members of the military on active duty, and their spouses and unmarried dependent children
- Legal permanent residents who have worked 40 qualifying quarters under SSI
Victims of a severe form of trafficking are exempted from the ban on SSI for their first 7 years in the U.S.
Requirement of Affidavits of Support: Paying Back the Government
Since December 19, 1997 relatives (and some employers) who sponsor an immigrant for a permanent residence visa have been required to meet strict income requirements and to sign an affidavit promising to financially maintain the immigrant at 125 percent of the federal poverty level.
They must also repay any means-tested public benefits that the immigrant may receive. The specific federal benefits for which sponsors may be liable have been defined to be TANF, SSI, SNAP, non-emergency Medicaid, and CHIP.
What Types of Federal Programs are Available for Immigrants?
As mentioned, the most common federal programs closely associated with alien immigrants are Supplemental Security Income (SSI) (not to be confused with Social Security), Temporary Assistance for Needy Families (TANF), and Supplemental Nutrition Assistance Program (SNAP – commonly known as the “food stamps” program)
In addition to these federal programs, there are a number of other federal and state benefits that immigrants can receive:
- Child/adult protective services
- Medical, mental, and public health services
- Certain disability programs
- Soup kitchens
- “Meals on wheels” programs
- Emergency Medicaid
- Programs involving shelters
- Programs that provide immunizations and/or treatment of communicable disease symptoms
- School breakfast and lunch programs
- Special Supplemental Nutrition Program for Women, Infants, and Children (WIC).
- Short-term noncash emergency disaster assistance
- In-kind services necessary to protect life or safety
In 2001, the U.S. Attorney General published a final order 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.
Although many immigrants and their families are eligible for such assistance, they often fail to apply for the benefits to which they are entitled because they are afraid they will lose their immigration permission/visa (if they have it) or they will be deported (if they do not have permission).
If I Apply for a Federal Program, Will I be Subjected to an Investigation?
Most likely, no. The eligibility of immigrants for federal programs often involves “Reporting Requirements,” depending on the program. “Reporting requirements” refers to the requirement that some administrative agencies report immigrant applicants to the Department of Homeland Security.
With regards to reporting requirements, the following rules apply:
- Reporting requirements only apply to three federal programs – SSI, TANF, and public housing programs
- The agency is only required to report those immigrants whom they know are not lawfully present in the country (this must be backed by sufficient evidence) A person is only deemed “unlawfully present” in the U.S. for these purposes if the claim is supported by documentation from immigration authorities, such as an Order of Deportation. Mere written or oral admission by an applicant will not trigger the reporting requirement.
Also, reporting requirements are enforced only if the immigrant is applying to receive federal benefits, not if they are contacting the agency for other reasons.
Do I Need a Lawyer to Help Regarding the Eligibility of Immigrants for Federal Programs?
If you or a loved one needs assistance with eligibility requirements for federally funded benefits, you may wish to contact a qualified immigration lawyer in your area.
Your attorney can advise you regarding current immigration laws and reporting requirements. Also, your attorney can represent you during court hearings if an investigation has been ordered regarding your claim.
