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Civil Rights

Non Citizens

Benefits for Non-Citizens and Other Welfare Reform Implementation Issues

Notices:

Copy of Department of Justice Order: Final Specification of Community Programs Necessary for Protection of Life or Safety Under Welfare Reform Legislation [PDF version

Tri-Agency Guidance on Inquiries to Immigration and Citizenship Status in Application for State Services (HHS/OCR web site)

Dear Colleague from the Assistant Secretary for Aging on the proposed INS rule on the definition of "public charge".  See also:

HHS/ACF Guidance to Social Services Block Grant grantees on the definition of "Federal Public Benefits" for non-qualified aliens under the 1996 welfare reform law for HHS programs (9/30/98)

Verification of Citizenship/Alien Status as Applicable to Older Americans Act and Other Programs Administered by the Aging Network (Letter from the Assistant Secretary for Aging) (8/4/98)
See Also:

Department of Justice issues interim verification guidance for providers: Text (310K); Zip (compressed text version-75K); (PDF version-4.7MB--includes forms) -- Sets forth procedures that benefit providers can use to verify citizenship, qualified alien status, and eligibility under this legislation prior to issuance of the final regulations. (11/17/97)

HHS and SSA published in the 8/26/97 Federal Register their programs which meet the definition of Federal Means Tested Programs. Programs which meet this definition are not available to legal aliens until they have been in the US five years. The HHS & SSA programs which meet the definition are: Medicaid, TANF and SSI. DoL has issued a similar interpretation for the Title V Senior Community Service Employment Program.

Updates:

A Quick Guide to ‘Public Charge’ and Receipt of Public Benefits -- Provides a summary of how receiving public benefits in the United States may or may not affect an alien under the "public charge" provisions of the immigration laws. (on the INS/DOJ web site) (10/27/99)

Eligibility for Supplemental Security Income (SSI) and Medicaid Restored to Many Elderly Immigrants (10/30/98)

Restoration of Eligibility for Food Stamps to Certain Legal Immigrants

Update: Provisions of Balanced Budget Act of 1997 restoring eligibility of qualified aliens in receipt of SSI on August 22, 1996

Government Sites:

Social Security Information for Immigrants

Guidance on Inquiries Into Immigration and Citizenship Status - from the HHS Office of Civil Rights

Welfare Reform Implementation Informational Package - a comprehensive page of links from HHS and the the Administration for Children and Families

Other information relating to welfare reform may be found by searching the Immigration and Naturalization Service (INS) web site.

Office of Refugee Resettlement (HHS)

 

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