![]() |
||||
---|---|---|---|---|
![]() |
|
|||
ACF Home | Services | Working with ACF | Policy/Planning | About ACF | ACF News | HHS Home |
Questions?
|
Privacy
|
Site Index
|
Contact Us
|
Download Reader![]() ![]() |
---|
Temporary Assistance for
Needy Families
Program
Instruction
|
Administration for Children and Families Office
of Family Assistance |
No. TANF-ACF-PI-2009-01 |
Date: |
TO: |
State agencies and Tribes administering
the Temporary Assistance for Needy Families (TANF) program under title IV-A
of the Social Security Act, and other interested parties. |
|
|
||
SUBJECT: |
Eligibility of Iraqi and Afghan aliens
who have been granted special immigrant status for Federal TANF and State
Maintenance-of-Effort (MOE) benefits |
|
|
||
REFERENCES: |
National Defense Authorization Act for Fiscal Year
2006 (Public Law 109-163) (NDAA 2006); An Act to Increase the Number of Iraqi
and Afghani Translators and Interpreters Who May be Admitted to the United
States as Special Immigrants and For Other Purposes (Public Law 110-36);
Consolidated Appropriations Act, 2008 (Public Law 110-161), National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181) (NDAA 2008),
Consolidated Security, Disaster Assistance, and Continuing Appropriations Act
2009 (Public Law 110-329), Title IV of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996, as amended by the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 and the Balanced Budget Act
of 1997 (8 U.S.C. 1611 et seq.). |
|
|
||
PURPOSE: |
The
purpose of this Program Instruction (PI) is to update the policy regarding
the eligibility of Iraqi and Afghan aliens granted special immigrant status
for Federal TANF and State MOE public benefits, as a result of
legislation. |
|
|
||
BACKGROUND: |
Under section 1059 of the
NDAA 2006, up to 50 Iraqi and Afghan translators working for the |
|
|
||
|
Congress subsequently
addressed eligibility of the Iraqi and Afghan special immigrants for a public
benefit in the Consolidated Appropriations Act, 2008 (Public Law 110-161),
and the National Defense Authorization Act for Fiscal Year 2008 (Pub. L
110-181) (NDAA 2008). |
|
|
||
|
Section 525 of Division G
of Public Law 110-161 (Consolidated Appropriations Act, 2008), signed into
law on |
|
|
||
|
Section 1244(g) of NDAA
2008, signed into law on |
|
|
||
|
The NDAA 2008 also
substantially expanded the Iraqi SIV program by authorizing up to 5,000
additional SIVs per year for the next five years for Iraqi nationals who
provided faithful and valuable service for or on behalf of the U.S.
Government for a period of at least one year, and who have experienced or are
experiencing a serious threat as a consequence of that employment. Unlike the preexisting section 1059
program, the NDAA 2008 provisions are not limited to translators. Spouses and children of the principal
beneficiaries are also eligible for SIVs.
|
|
|
||
|
Section 101 of Division A
of Public Law 110-329 (Consolidated Security, Disaster Assistance, and
Continuing Appropriations Act, 2009), signed into law on |
|
|
||
|
We divide the guidance
below into two sections. First, we
briefly explain current law as it applies to eligibility of noncitizens for a
Federal TANF public benefit or a State MOE public benefit. Then, we apply the above-cited section 525
and 1244(g) provisions to the noncitizen eligibility provisions. |
|
GUIDANCE:
1. Basic Summary of Federal Law:
Qualified aliens are
the only non-citizens eligible to receive a Federal TANF public benefit.[1] Qualified aliens are defined in 8 U.S.C.
1641. Qualified aliens are lawful
permanent residents (LPRs), asylees, refugees, aliens paroled into the
Per 8 U.S.C. 1613, a
qualified alien who enters the U.S. on or after
Qualified aliens,
nonimmigrants under the Immigration and Nationality Act (INA), and individuals
paroled into the U.S. for less than a year are the only noncitizen groups that
are eligible for a State or local MOE-funded public benefit. Aliens that are not lawfully present in the
States (including D.C.,
the U.S. Virgin Islands, Puerto Rico, and Guam) have the authority to decide
whether or not to provide a Federal TANF public benefit or a MOE-funded public
benefit to otherwise eligible qualified aliens (8 U.S.C. 1612(b)(1) and
1622). If a State has elected to help
qualified aliens, then the information in the next paragraph does not
apply.
States have the authority to
decide whether to help qualified aliens who arrived in this country prior to
Tribes do not have the
authority to decide whether or not to help qualified aliens. Hence, Tribal TANF programs must provide a
Federal TANF public benefit to eligible qualified aliens in its service
population who meet all of the Tribe’s TANF program requirements.[2]
If a benefit is neither
a Federal public benefit nor a State or local public benefit, then the State
may provide the benefit to all noncitizens.[3]
In order to provide a
non-exempted TANF public benefit to a non-citizen applicant, the State or Tribe
must verify that the individual has a satisfactory immigration status – i.e.,
in accordance with Federal law at 8 U.S.C. 1611 et seq. and section 1137(d) of
the Social Security Act.
2. Application
of the Provisions Regarding Eligibility of Iraqi and Afghan Nationals Who Have
Been Granted Special Immigrant Visas.
Sections 525 of Division
G of Public Law 110-161, enacted
Refugees entering the
The time-limited
exemption period for Iraqi special immigrants is 8 months. The 8 month count begins on the date the
individual entered the U.S. as a special immigrant, i.e., was admitted as an
LPR either at the port of entry or by adjustment of status within the United
States.[4] We construe
section 1244(g) of NDAA 2008, enacted
Pursuant to section 525
of Division G of Public Law 110-161, the time-limited exemption period for
Afghan special immigrants is 6 months. (The
8-month exemption period, added by section 1244(g) of the NDAA 2008, does not
include the Afghan special immigrants.) Public
Law 110-161 is an appropriation bill whose authority ended on
Public Law 110-329 is an
appropriations bill for fiscal year 2009.
Therefore, unless a new appropriation bill or other law extends this
provision, Afghan special immigrants may no longer be treated as refugees after
The following example
illustrates application of the 6-or-8 month time limit exemption period. An Afghan individual, his wife, and two small
children were admitted to the
The 6-or-8 month
Federal benefit period described above applies to all States and Tribes,
provided the family meets all TANF programmatic requirements.[5] States may also choose to use MOE funds to
provide a State-funded public benefit during this period.
Once the above 6-or-8 month
exemption period ends, these special immigrants would no longer be exempt from
the 5 year bar on receipt of a Federal means-tested public benefit. These special immigrants are LPRs and, except
for the limited 6-or-8 month exemption period described in this Program
Instruction, are subject to the same treatment in terms of eligibility for a
Federal TANF public benefit and/or MOE-funded public benefit as other LPRs.[6] LPRs who
enter the U.S. on or after
It
is important to remember that States and Tribes may only provide federally
funded TANF assistance and most MOE-funded benefits, services or assistance to
a financially needy family that consists of, at a minimum, a child living with
a relative, or consists of a pregnant woman.[7] The family must meet the quantified income
and applicable resource criteria established by the State or Tribe for that
particular benefit. Thus, an Iraqi or
Afghan special immigrant who is not a member of an eligible family would
generally not be eligible for federally funded TANF assistance or MOE funded
assistance or other benefits. However, during
the 6-or-8 month exemption period, States and Tribes may use segregated Federal
TANF funds to provide the individual with services that do not constitute
“assistance” as defined in 45 CFR 260.31 or 45 CFR 286.10, as long as the
expenditure is reasonably calculated to accomplish a purpose of the TANF
program.
DOCUMENTATION:[8]
n For Afghan and Iraqi Special Immigrants under Section
1059 of the NDAA 2006, PL 109-163:
Applicant |
Documentation |
Principal Applicant Iraqi
or Afghan Special Immigrant |
Iraqi or Afghan passport
with an immigrant visa stamp noting that the individual has been admitted
under IV (Immigrant Visa) Category SI1 and DHS stamp or notation on passport
or I-94 showing date of entry. |
Spouse of Principal Applicant Iraqi or Afghan Special
Immigrant |
Iraqi or Afghan passport
with an immigrant visa stamp noting that the individual has been admitted
under IV (Immigrant Visa) Category SI2 and DHS stamp or notation on passport
or I-94 showing date of entry. |
Unmarried Child Under 21 Years of Age of Iraqi or Afghan
Special Immigrant |
Iraqi or Afghan passport with an immigrant visa stamp
noting that the individual has been admitted under IV (Immigrant Visa)
Category SI3 and DHS stamp or notation on passport or I-94 showing date of
entry. |
Principal Applicant Iraqi
or Afghan Special Immigrant Principal Adjusting Status in the |
DHS Form I-551 (“green
card”) showing Iraqi or Afghan nationality (or Iraqi or Afghan passport),
with an IV (immigrant visa) code of SI6. |
Spouse of Principal Applicant Iraqi or Afghan Special Immigrant in P6
Category |
DHS Form I-551 (“green card”) showing Iraqi or Afghan nationality (or
Iraqi or Afghan passport), with an IV (immigrant visa) code of SI7 |
Unmarried Child Under 21 Years of Age of Iraqi or Afghan
Special Immigrant in P6 Category |
DHS Form I-551 (“green card”) showing Iraqi or Afghan
Nationality (or Iraqi or Afghan passport), with an IV (“immigrant visa”) code
of SI9 |
n
For Iraqi Special Immigrants under
Section 1244 of PL 110-181:
Applicant |
Documentation |
Principal Applicant Iraqi Special Immigrant |
Iraqi passport with an immigrant visa stamp noting that the individual
has been admitted under IV (Immigrant Visa) Category SQ1 and DHS stamp or
notation on passport or I-94 showing date of entry. |
Spouse of Principal Applicant Iraqi Special Immigrant |
Iraqi passport with an immigrant visa stamp noting that
the individual has been admitted under IV (Immigrant Visa) Category SQ2 and
DHS stamp or notation on passport or I-94 showing date of entry. |
Unmarried Child Under 21 Years of Age of Iraqi
Special Immigrant |
Iraqi passport with an immigrant visa stamp noting that
the individual has been admitted under IV (Immigrant Visa) Category SQ3 and
DHS stamp or notation on passport or I-94 showing date of entry. |
Principal Applicant Iraqi
Special Immigrant Principal Adjusting
Status in the |
DHS Form I-551 (“green card”) showing Iraqi nationality
(or Iraqi passport), with an IV (immigrant visa) code of SQ6. |
Spouse of Principal Applicant Iraqi Special Immigrant in
P6 Category |
DHS Form I-551 (“green card”) showing Iraqi nationality
(or Iraqi passport), with an IV (immigrant visa) code of SQ7. |
Unmarried Child Under 21 Years of Age of Iraqi or Afghan
Special Immigrant in P6 Category |
DHS Form I-551 (“green card”) showing Iraqi (or Iraqi
passport), with an IV (“immigrant visa”) code of SQ9. |
EFFECTIVE: Immediately
INQUIRIES: Inquiries should be directed to the
appropriate Regional TANF Program Manager.
/s/
Sidonie Squier
Director
Office of Family
Assistance
Endnotes:
[1] Except for the
funding source, the statutory definition of a Federal public benefit and a
state or local public benefit are identical.
In pertinent part, the definition of a Federal public benefit reads as
follows: “Any retirement, welfare,
health, disability, public or assistance housing, postsecondary education, food
assistance, unemployment benefit, or any other similar benefit for which
payments or assistance are provided to an individual, household, or family
eligibility unit by an agency of the United States or by appropriated funds of
the United States."”(8 U.S.C. 1611(c) and 1621(c))
The U.S. Department of
Health and Human Services (HHS) published an Interpretation of Federal Public
Benefit in 63 FR 41658 (August 4, 1998) and transmitted via TANF-ACF-IM-98-5
dated
It is generally up to
the State to determine whether the benefit(s) it provides with MOE funds that
have not been commingled with Federal TANF funds constitutes a state or local
public benefit.
[2] Tribal TANF programs may only serve families
(citizens and qualified aliens) who are part of the Tribe’s service population
residing within the Tribe’s geographic service area as indicated in the Tribe’s
approved TANF plan.
[3] Certain noncash
Federal and State or local public benefits are also available to all
non-citizens. These are commonly
referred to as “exempted public benefits.”
Exempted public benefits basically consist of benefits that are
necessary for protection of life or safety and include those specified by the
Attorney General. See Final AG Order
2353-2001, published in 66 FFR 3613,
[4] Sections 525 of Division G of Public Law
110-161 and 1244(g) of Public Law 110-181 require States to treat the Iraqi
and/or Afghan special immigrants as refugees for a time-limited period. However, a small group of Iraqi and/or Afghan
nationals were not admitted as special immigrants. For humanitarian reasons, they were admitted
to the
[5] This
time-limited exemption period also applies to any States that elected not to
help qualified aliens. This is because
any such State may not deny a Federal TANF public benefit until 5 years after
the date an alien is admitted to the
[6] “Special immigrant” under INA 101(a)(27) is not really
an immigration status. Rather, it is a
preference category for permanent immigration.
“Special immigrants” are admitted as LPRs either through the port of
entry with an immigrant visa, or by adjustment of status in the
[7] Limited exception in 45 CFR 263.2(a)(4)(ii): States
may use MOE funds to provide certain pro-family non-assistance benefits and
services to an individual or family regardless of financial need or family
composition if the activity is reasonably calculated to accomplish TANF purpose
3 or 4. Tribes receiving MOE funds from
the State may do the same, if allowed by the State.
[8] The U.S. Department
of State (DOS) issued the SI visa classification codes appearing in the
Tables. The USCIS has not yet issued
classification codes for the special immigrant visa categories, but anticipates
that it will mirror the DOS classification codes.