Unauthorized Aliens’ Access to Federal
Benefits: Policy and Issues
Ruth Ellen Wasem
Specialist in Immigration Policy
December 9, 2011
Congressional Research Service
7-5700
www.crs.govSeptember 17, 2012
The House Ways and Means Committee is making available this version of this Congressional Research Service
(CRS) report, with the cover date shown, for inclusion in its 2012 Green Book website. CRS works exclusively
for the United States Congress, providing policy and legal analysis to Committees and Members of both the
House and Senate, regardless of party affiliation.
Congressional Research Service
RL34500
CRS Report for Congress
Prepared for Members and Committees of Congress
Unauthorized Aliens’ Access to Federal Benefits: Policy and Issues
Summary
Federal law bars aliens residing without authorization in the United States from most federal
benefits; however, there is a widely held perception that many unauthorized aliens obtain such
benefits. The degree to which unauthorized resident aliens should be accorded certain rights and
privileges as a result of their residence in the United States, along with the duties owed by such
aliens given their presence, remains the subject of debate in Congress. This report focuses on the
policy and legislative debate surrounding unauthorized aliens’ access to federal benefits.
Except for a narrow set of specified emergency services and programs, unauthorized aliens are
not eligible for federal public benefits. The law (§401(c) of P.L. 104-193) defines federal public
benefit as
any grant, contract, loan, professional license, or commercial license provided by an agency
of the United States or by appropriated funds of the United States; and any retirement,
welfare, health, disability, public or assisted 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.
The actual number of unauthorized aliens in the United States is unknown. Researchers at the
Pew Hispanic Center estimate that there were 11.2 million unauthorized immigrants living in the
United States in March 2010. Calculations by Pew Hispanic Center demographer Jeffrey Passel
based on the 2008 March Current Population Survey (CPS) estimated that the number of persons
living in families in which the head of the household or the spouse was an unauthorized alien was
16.6 million. There were 8.8 million unauthorized families, which he defines as a family unit or
solo individual in which the head or spouse is unauthorized. A noteworthy portion of the
households headed by unauthorized aliens are likely to have U.S. citizen children, as well as
spouses who may be legal permanent residents (LPRs), and are referred to as “mixed status”
families. The number of U.S. citizen children in “mixed status” families has grown from 2.7
million in 2003 to 4.5 million in 2010. Passel estimates that one in three children who have a
parent who is unauthorized is also considered poor according to the federal poverty rate.
Although the law appears straightforward, the policy on unauthorized aliens’ access to federal
benefits is peppered with ongoing controversies and debates. Some center on demographic issues
(e.g., how to treat mixed-immigration status families). Others explore unintended consequences,
most notably when tightening up the identification requirements results in denying benefits to
U.S. citizens. Still others are debates about how broadly the clause “federal public benefit” should
be implemented, particularly regarding tax credits and refunds.
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Unauthorized Aliens’ Access to Federal Benefits: Policy and Issues
Contents
Introduction...................................................................................................................................... 1
Unauthorized Population in the United States ................................................................................. 1
Estimates of Unauthorized Resident Aliens .............................................................................. 1
Mixed-Immigration Status Families.......................................................................................... 3
“Quasi-legal” Migrants.............................................................................................................. 5
Special Immigrant Juveniles...................................................................................................... 6
Benefit Eligibility Rules .................................................................................................................. 7
Pre-1996 Policies....................................................................................................................... 7
Program Rules..................................................................................................................... 7
PRUCOL ............................................................................................................................. 8
Current Federal Law.................................................................................................................. 8
State Benefits........................................................................................................................... 10
Determining Status and Eligibility................................................................................................. 11
Immigrant Verification ............................................................................................................ 12
Citizenship Verification ........................................................................................................... 13
Receipt of Benefits .................................................................................................................. 14
Selected Issues ............................................................................................................................... 16
Treatment of Mixed Status Families........................................................................................ 1617
Expansion of Documentary Requirements .............................................................................. 17
Scope of “Federal Public Benefits” Clause for Tax Refunds .................................................. 18
Competing Priorities for Emergency Relief ............................................................................ 19
Re-emergence of PRUCOL with “Quasi-legal” Migrants....................................................... 2021
Refinement or Revisions of the Rules ..................................................................................... 21
Figures
Figure 1. Estimated Number of Unauthorized Resident Aliens, 1986-2010.................................... 2
Figure 2. U.S. Residents in Unauthorized Families, 2008............................................................... 3
Figure 3. “Mixed Status” and Other Unauthorized Families,
by Demographic Composition, 2008............................................................................................ 4
Figure 4. Immigration Status of Children of “Mixed Status” and
Other Unauthorized Families........................................................................................................ 5
Contacts
Author Contact Information........................................................................................................... 22
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Unauthorized Aliens’ Access to Federal Benefits: Policy and Issues
Introduction
The number of foreign-born people residing in the United States (3740 million) is at the highest
level in our history and, as a portion of the U.S. population, has reached a percentage (12.49%) not
seen since the early 20th century.1 Of the foreign-born residents in the United States,
approximately one-third are speculated to be unauthorized residents (often characterized as illegal
aliens).
The degree to which unauthorized resident aliens should be accorded certain rights and privileges
as a result of their residence in the United States, along with the duties owed by such aliens given
their presence, remains the subject of debate in Congress.2 Included among the specific policy
areas that spark controversy are due process rights, tax liabilities, military service, eligibility for
federal assistance, educational opportunities, and pathways to citizenship. This report focuses on
the policy and legislative debate surrounding unauthorized aliens’ access to federal benefits.3
Unauthorized Population in the United States
The three main components of the unauthorized resident alien population are foreign nationals
who overstay their nonimmigrant visas, foreign nationals who enter the country surreptitiously,
and foreign nationals who are admitted on the basis of fraudulent documents. In all three
instances, these aliens are in violation of the Immigration and Nationality Act (INA) and subject
to removal. The actual number of unauthorized aliens in the United States is not known, as
locating and enumerating people who are residing in the United States without permission poses
many methodological problems.
Estimates of Unauthorized Resident Aliens
Estimates derived from the March Supplement of the U.S. Census Bureau’s Current Population
Survey (CPS) indicate that the unauthorized resident alien population rose from 3.2 million in
1986 to 11.2 million in 2010, as Figure 1 shows.4 This estimate is virtually unchanged from an
estimate of 11.1 million for 2009.5 These researchers concluded that size of the unauthorized
resident alien population has declined from an estimated 12.1 million unauthorized immigrants
living in the United States in March 2007.5
1
6
1
CRS Report R41592, The U.S. Foreign-Born Population: Trends and Selected Characteristics, by William A.
Kandel.
2
For a comprehensive legal analyses of these issues at the state and local levels, see CRS Report RL34345, State and
Local Restrictions on Employing, Renting Property to, or Providing Services for Unauthorized Aliens: Legal Issues
and Recent Judicial Developments, by Kate M. Manuel, Jody Feder, and Alison M. Smith.
3
For policy on legal permanent residents’ eligibility, see CRS Report RL33809, Noncitizen Eligibility for Federal
Public Assistance: Policy Overview and Trends, by Ruth Ellen Wasem.
4
For a full analysis of these data, see CRS Report RL33874, Unauthorized Aliens Residing in the United States:
Estimates Since 1986, by Ruth Ellen Wasem.
5
More recent estimates of unauthorized resident aliens are available but not broken down into the family characteristics
used in this report. CRS Report R41207, Unauthorized Aliens in the United States, by Andorra Bruno; and CRS Report
RL33874, Unauthorized Aliens Residing in the United States: Estimates Since 1986, by Ruth Ellen Wasem.
6
Jeffrey S. Passel and D'Vera Cohn, Unauthorized Immigrant Population: National and State Trends, 2010, Pew
Hispanic Center, February 1, 2011.(continued...)
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Unauthorized Aliens’ Access to Federal Benefits: Policy and Issues
Figure 1. Estimated Number of Unauthorized Resident Aliens, 1986-2010
14
12
10
8
6
4
2
Woodrow & Passel
20
00
20
01
20
02
20
03
20
04
20
05
20
06
20
07
20
08
20
09
20
10
19
96
19
86
19
88
19
90
19
92
0
Warren
revised Warren
Hoefer, et al
Passel, et al
Sources: CRS presentation of analyses of U.S. Census and CPS data conducted by Karen Woodrow and Jeffrey
Passel (1986 and 1990); Robert Warren (1996, 2000, and 2003); Jeffrey Passel, Randy Capps, and Michael Fix
(2002); Passel and D’Vera Cohn (2008, 2010, 2011); Michael Hoefer, Nancy Rytina, and Bryan Baker (2009, 2010,
2011).
Michael Hoefer, Nancy Rytina, and Bryan C. Baker of the Department of Homeland Security’s
(DHS’s) Office of Immigration Statistics (OIS) published their estimates of the unauthorized
resident alien population and yielded results consistent with Passel’s estimates discussed above
(Figure 1). OIS demographers Hoefer, Rytina, and Baker drew their estimates from the American
Community Survey (ACS) of the U.S. Census Bureau. Although their ACS estimates tend to be
lower than Passel’s CPS estimates, the trends are comparable.67
As part of a more comprehensive analysis, Pew Hispanic Center demographer Jeffrey Passel
estimated that the number of persons living in families in which the head of the household or the
spouse was an unauthorized alien was 8.8 million as of 2008. This estimate of 16.6 million
includes the 11.9 million unauthorized aliens in its calculation.78 The 2008 data are the most recent
analysis that breaks down the data into family characteristics.
6
(...continued)
Hispanic Center, February 1, 2011.
7
Department of Homeland Security, Office of Immigration Statistics, Estimates of the Unauthorized Immigrant
Population Residing in the United States: January 2010, by Michael Hoefer, Nancy Rytina, and Bryan C. Baker, 2011.
The OIS reported an estimated 11.6 million unauthorized alien residents as of January 2006, up from 8.5 million in
January 2000. Department of Homeland Security, Office of Immigration Statistics, Estimates of the Unauthorized
Immigrant Population Residing in the United States: January 2006, by Michael Hoefer, Nancy Rytina, and Christopher
Campbell, 2007.
78
Jeffrey S. Passel and D'Vera Cohn, A Portrait of Unauthorized Immigrants in the United States, Pew Hispanic Center,
April 14, 2009; and Jeffrey Passel, Size and Characteristics of the Unauthorized Migrant Population in the U.S.:
Estimates Based on the March 2005 Current Population Survey, Pew Hispanic Center, March 7, 2006.(continued...)
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Figure 2. U.S. Residents in Unauthorized Families, 2008
Couples
with children
47.0%
Others with children
13.0%
All other
12.0%
Couples without children
15.0%
No partner, no child
13.0%
16.6 million in families with head or spouse who is unauthorized
Source: CRS presentation of analysis of Current Population Survey data conducted by Jeffrey Passel and D’Vera
Cohn (2009).
As Figure 2 illustrates, almost half (47%) of the households headed by unauthorized aliens
consist of married or cohabiting couples with children. Other adults with children, mainly single
parents, comprise another 13% of households headed by unauthorized aliens. Passel projected
that unauthorized aliens accounted for about 5.4% of the civilian labor force in March 2008, or
about 8.3 million workers out of a labor force of 154 million.89
Mixed-Immigration Status Families
A noteworthy portion of the households headed by unauthorized aliens are likely to have U.S.
citizen children, as well as spouses who may be legal permanent residents (LPRs). Children born
in the United States to parents who are unlawfully present in the United States are U.S. citizens,
consistent with the British common law principle known as jus soli. This principle is codified in
the Fourteenth Amendment of the U.S. Constitution and by Section 301(a) of the INA, which
8
(...continued)
Estimates Based on the March 2005 Current Population Survey, Pew Hispanic Center, March 7, 2006.
9
Jeffrey Passel, Estimates of the Size and Characteristics of the Undocumented Population, Pew Hispanic Center,
March 21, 2005; and, Jeffrey S. Passel and D’Vera Cohn, A Portrait of Unauthorized Immigrants in the United States,
Pew Hispanic Center, April 14, 2009.
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Unauthorized Aliens’ Access to Federal Benefits: Policy and Issues
provides that a person who is born in the United States, subject to its jurisdiction, is a citizen of
the United States regardless of the race, ethnicity, or alienage of the parents.910
Figure 3. “Mixed Status” and Other Unauthorized Families,
by Demographic Composition, 2008
U.S. Citizen
Children
24.1%
Adult Men
38.0%
6.3
4.0
1.5
4.1
Adult Women
24.7%
Unauthorized
Children
9.0%
0.7
Other
4.2%
16.6 million in families with head or spouse who is unauthorized
Source: CRS presentation of analysis of Current Population Survey data conducted by Jeffrey Passel and
D’Vera Cohn (2009).
As depicted in Figure 3, Passel estimates that there were 16.6 million unauthorized or “mixed
status” families. He offers a further demographic breakdown of this population:
Mixed-status family groups—that is, families with unauthorized immigrants and their U.S.
citizen children—consist of 8.8 million people. Of these, 3.8 million are unauthorized
immigrant adults and half a million are unauthorized immigrant children. The rest are U.S.
citizens (mainly children) and legal immigrants.1011
Passel also reported that there were an estimated 1.5 million unauthorized children and an
estimated 4.0 million citizen children who were living in families in which the head of the family
or a spouse was unauthorized in 2008. Passel estimates that one in three children who have a
910
8 U.S.C. §1401(a). For a complete legal analysis of jus soli, see CRS Report RL33079, Birthright Citizenship Under
the 14th Amendment of Persons Born in the United States to Alien Parents, by Margaret Mikyung Lee.
1011
Jeffrey S. Passel and D'Vera Cohn, A Portrait of Unauthorized Immigrants in the United States, Pew Hispanic
Center, April 14, 2009.
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parent who is unauthorized is also considered poor according to the federal poverty rate.1112 As
Figure 4 illustrates, the number of citizen children in households headed by an unauthorized alien
has grown from 2.7 million in 2003 to 4.5 million in 2010. The number of unauthorized children,
however, has declined from 1.5 million in 2003 to 1.0 million in 2010.1213
Figure 4. Immigration Status of Children of “Mixed Status” and
Other Unauthorized Families
Unauthorized children
U.S.-born children
6
5
4
3
2
1
0
2003
2006
2008
2010
Source: CRS presentation of analysis of Current Population Survey data conducted by Jeffrey Passel and
D’Vera Cohn (2011).
“Quasi-legal” Migrants
Not all unauthorized aliens lack legal documents, leading many observers to characterize these
documented aliens as “quasi-legal” migrants. Specifically, there are certain circumstances in
which the Department of Homeland Security issues temporary employment authorization
documents (EADs) to aliens who are not otherwise considered authorized to reside in the United
States. Aliens with EADs, in turn, may legally obtain social security cards.1314 These “quasi-legal”
unauthorized aliens fall in several categories:
1112
Just under one-in-five (18%) of the children of U.S. citizens are considered poor. Jeffrey S. Passel and D’Vera Cohn,
A Portrait of Unauthorized Immigrants in the United States, Pew Hispanic Center, April 14, 2009.
1213
Jeffrey S. Passel and D'Vera Cohn, Unauthorized Immigrant Population: National and State Trends, 2010, Pew
Hispanic Center, February 1, 2011; and Paul Taylor, Mark Hugo Lopez, and Jeffrey S. Passel, Unauthorized
Immigrants: Length of Residency, Patterns of Parenthood, Pew Hispanic Center, December 1, 2011.
1314
For further background, see CRS Report RL32004, Social Security Benefits for Noncitizens, by Dawn Nuschler and
Alison Siskin.
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•
The government has given them temporary humanitarian relief from removal,
such as Temporary Protected Status (TPS).1415
•
They have sought asylum in the United States and their cases have been pending
for at least 180 days.1516
•
They are immediate family or fiancées of legal permanent residents (LPRs) who
are awaiting in the United States their legal permanent residency cases to be
processed.1617
•
They have overstayed their nonimmigrant visas and have petitions pending to
adjust status as employment-based LPRs.1718
None of the aliens described above have been formally approved to remain in the United States
permanently, and many with pending cases may ultimately be denied LPR status. Only about 25%
of asylum seekers, for example, ultimately gain asylum.1819 Approximately 80% to 85% of LPR
petitions reportedly are approved.1920
Special Immigrant Juveniles
Over two decades ago, Congress created an avenue for unauthorized migrant children who are
dependents of the court to become LPRs. Any child or youth who was born in a foreign country;
who lives without legal authorization in the United States; has experienced abuse, neglect, or
abandonment; and who meets other specified eligibility criteria may be eligible for the LPR
classification of special immigrant juvenile (SIJ).
The Immigration Act of 1990 (P.L. 101-649) added the SIJ provision (among other major
revisions) to the INA in response to growing concerns over foreign children in the United States
who were homeless, orphans, or victims of abusive family situations. Such unauthorized alien
children raise complex immigration and child welfare concerns. The provision enables
unauthorized alien children who become dependents of the courts to remain in the United States
legally and permanently. Otherwise, unauthorized residents who are minors are subject to
removal proceedings and deportation, as are all other unauthorized foreign nationals.
To be eligible for the SIJ visa, the foreign national must be unmarried, under the age of 21, and
meet three court-determined criteria. The court must have done the following:
1415
For further background, see CRS Report RS20844, Temporary Protected Status: Current Immigration Policy and
Issues, by Ruth Ellen Wasem and Karma Ester.
1516
For further background, see CRS Report RL32621, U.S. Immigration Policy on Asylum Seekers, by Ruth Ellen
Wasem.
1617
For further background, see CRS Report RL32235, U.S. Immigration Policy on Permanent Admissions, by Ruth
Ellen Wasem.
1718
The extent that some nonimmigrant (e.g., temporary workers, tourists, or foreign students) overstay their temporary
visas and become “quasi-legal” aliens with petitions pending to adjust to legal status is discussed in CRS Report
RS22446, Nonimmigrant Overstays: Brief Synthesis of the Issue, by Ruth Ellen Wasem.
1819
For further background, see CRS Report RL32621, U.S. Immigration Policy on Asylum Seekers, by Ruth Ellen
Wasem.
1920
For a full analysis of this issue, see Citizenship and Immigration Services Ombudsman, 2007 Annual Report to
Congress, June 11, 2007.
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1. declared the child to be a dependent of the court or granted custody of the child
to a state agency (e.g., the child welfare agency);
2. determined that reuniting the child with his or her parents is not a “viable option”
and thus the child is “eligible for long-term foster care”; and,
3. determined that it is not in the child’s best interest to return to his/her country of
birth or last habitual residence.
The court making these decisions, moreover, must be located in the United States and must have
jurisdiction, under state law, to make judicial determinations about the custody and care of
juveniles.
According to data from the DHS Office of Immigration Statistics, the number of SIJs has
increased from 361 children in FY1992 (the first year SIJ was in effect) to 1,492 in FY2010. The
number of SIJ children who have become LPRs has exceeded 1,000 each year since FY2008.
Benefit Eligibility Rules
It is not surprising that most persons lacking legal authority to reside in the United States would
not be eligible for federally provided assistance. It is also not unexpected that many persons
residing illegally would be on the margins socioeconomically and, thus, would pose particular
dilemmas for service providers. The policies discussed below reflect a balancing of the integrity
of entitlement programs with humanitarian provision of emergency services and assistance.
Pre-1996 Policies
Program Rules
With the single exception of emergency Medicaid, unauthorized (illegally present) aliens were
barred from participation in all the major federal assistance programs that had statutory
provisions for noncitizens, as were aliens here legally in a temporary status (i.e., nonimmigrants
such as persons admitted for tourism, education, or employment). Since 1986, for example, a
Medicaid recipient was required to declare under penalty of perjury whether he or she is a citizen
or national of the United States or—if not a citizen or national—that he or she is an alien in a
“satisfactory immigration status.”2021
However, many health, education, nutrition, income support, and social service programs did not
include specific provisions regarding alien eligibility, and unauthorized aliens were potential
participants.2122 These programs included, for example, the Special Supplemental Nutrition
Program for Women, Infants, and Children (the WIC program); child nutrition programs;
2021
§1137(d) of the Social Security Act, as amended by the Immigration Reform and Control Act (IRCA) of 1986 (P.L.
99-603).
2122
A number of states reportedly had enacted laws denying various types of public assistance to all aliens or to legal
aliens who had not resided in the United States for a fixed number of years. However, in 1971 the Supreme Court
declared these state-imposed restrictions unconstitutional in Graham v. Richardson (403 U.S. 365 (1971), both because
they violated the Equal Protection Clause of the Fourteenth Amendment and because they encroached upon the
exclusive federal power to regulate immigration. See also Plyler v. Doe, 457 U.S. 202 (1982).
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initiatives funded through the Elementary and Secondary Education Act; the Earned Income Tax
Credit (EITC); community and migrant health centers; and the Social Services Block Grant
(SSBG) program.
PRUCOL
PRUCOL, an acronym for “permanently residing under color of law,” is an eligibility standard
that is not defined in statute; historically, it has been used to provide a benefit to certain foreign
nationals who the government knows are present in the United States, but whom it has no plans to
deport or remove. Considered by many to be an obsolete construct, PRUCOL recently began reemerging in the context of “quasi-legal” aliens.
Prior to 1996, eligibility for federal benefits depended on how the PRUCOL standards were
interpreted. Many service providers had construed PRUCOL narrowly to include only those
aliens here under certain specific statutory authorizations during the 1970s. A federal court,
however, disagreed with these narrow interpretations. In Holley v. Lavine, the United States Court
of Appeals for the Second Circuit held that “[w]hen ... a legislative body uses the term ‘under
color of law’ it deliberately sanctions the inclusion of cases that are, in strict terms, outside the
law but are near the border.”2223 At that time, the court concluded that the PRUCOL standard for
Aid for Families with Dependent Children (AFDC, the precursor to Temporary Assistance for
Needy Families), for example, could cover aliens known by the government to be undocumented
or deportable, but whom the government nevertheless allowed to remain here indefinitely. The
court decisions, however, did not offer a uniform definition of PRUCOL, resulting in differing
applications according to the benefit and the class of alien.
Current Federal Law
Over a decade ago, Title IV of the Personal Responsibility and Work Opportunity Reconciliation
Act (PRWORA) of 1996 (P.L. 104-193) established comprehensive restrictions on the eligibility
of all noncitizens for means-tested public assistance, with exceptions for LPRs with a substantial
U.S. work history or military connection. Regarding unauthorized aliens, Section 401 of
PRWORA sought to end the PRUCOL eligibility standard by barring them from any federal
public benefit except the emergency services and programs expressly listed in Section 401(b) of
PRWORA.
This overarching bar to unauthorized aliens hinges on how broadly the phrase “federal public
benefit” is implemented. The law defines this phrase to be
(A) any grant, contract, loan, professional license, or commercial license provided by an
agency of the United States or by appropriated funds of the United States; and (B) any
retirement, welfare, health, disability, public or assisted 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.23
22
2324
23
24
553 F.2d 845 (2d Cir. 1977).
§401(c) of PRWORA, 8 U.S.C. 1611.
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So defined, this bar covers many programs whose enabling statutes do not individually make
citizenship or immigration status a criterion for participation. Thus, unauthorized aliens are
statutorily barred from receiving benefits that previously were not individually restricted—Social
Services Block Grants and migrant health center services, for example—unless they fall within
the 1996 welfare act’s limited exceptions. These statutory exceptions include the following:
•
treatment under Medicaid for emergency medical conditions (other than those
related to an organ transplant);2425
•
short-term, in-kind emergency disaster relief;2526
•
immunizations against immunizable diseases and testing for and treatment of
symptoms of communicable diseases;
•
services or assistance (such as soup kitchens, crisis counseling and intervention,
and short-term shelters) designated by the Attorney General as (1) delivering inkind services at the community level, (2) providing assistance without individual
determinations of each recipient’s needs, and (3) being necessary for the
protection of life and safety; and
•
to the extent that an alien was receiving assistance on the date of enactment,
programs administered by the Secretary of Housing and Urban Development,
programs under title V of the Housing Act of 1949, and assistance under Section
306C of the Consolidated Farm and Rural Development Act.2627
Beyond the statutory exceptions noted above, PRWORA also includes special rules governing the
EITC. These provisions are aimed at preventing unauthorized aliens from receiving an EITC by
requiring that Social Security Numbers (SSNs) for recipients (and spouses) be valid for
employment in the United States.2728
Children who become LPRs as SIJs are eligible for parts B and E of Title IV of the Social
Security Act and are not subject to the five-year bar that restricts access for most other LPRs.2829 In
particular, sectionSection 403(c)(2)(F) of PRWORA exempts foster care and adoption assistance from the
24
25
For further analysis of this issue, see CRS Report R40772, Noncitizen Health Insurance Coverage and Use of Select
Safety-Net Providers, by Alison Siskin.
2526
The Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 USC §5121 et. seq.) authorizes the
President to make the initial determination of eligibility for federal relief and recovery assistance through the issuance
of either a major disaster or emergency declaration. Under §403 of the Stafford Act, FEMA may provide assistance
essential to save lives and property (42 U.S.C. 5170b). For a full discussion of available assistance, see CRS Report
RL33053, Federal Stafford Act Disaster Assistance: Presidential Declarations, Eligible Activities, and Funding, by
Francis X. McCarthy.
2627
Subtitle E of Title V of the Illegal Immigration Reform and Immigrant Responsibility Act (Division C of P.L. 104208) later facilitated the removal of unauthorized aliens from housing assistance. For analysis, see CRS Report
RL31753, Immigration: Noncitizen Eligibility for Needs-Based Housing Programs, by Alison Siskin and Maggie
McCarty.
2728
The Internal Revenue Code does not have a special classification for individuals who are in the United States without
authorization. Instead, the Code treats these individuals in the same manner as other foreign nationals—they are subject
to federal taxes and classified for tax purposes as either resident or nonresident aliens. An unauthorized individual who
has been in the United States long enough to qualify under the “substantial presence” test is classified for tax purposes
as a resident alien. For a fuller explanation, see CRS Report RS21732, Federal Taxation of Aliens Working in the
United States and Selected Legislation, by Erika K. Lunder.
2829
For further information on these services, see CRS Report R41860, Child Welfare: Funding for Child and Family
Services Authorized Under Title IV-B of the Social Security Act, by Emilie Stoltzfus.
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the five-year bar so long as the foster or adoptive parent is a qualified alien or a citizen. Because
LPRs age 18 and younger are eligible for the Supplemental Nutrition Assistance Program (SNAP,
formerly known as food stamps), SIJ children may also receive SNAP.
PRWORA separately has language on certain federally supported nutrition programs that directly
bears on unauthorized aliens.2930 More precisely, Title VII includes provisions that (1) stipulate that
students eligible to receive free public education may receive federally subsided school meals
(e.g., free school lunches/breakfasts) without regard to their citizenship status30status31 and (2) leave to
state discretion whether the state will deny benefits to unauthorized aliens under the WIC
program, the Child and Adult Care Food Program (CACFP), the Summer Food Service program,
the Special Milk program, the Commodity Supplemental Food Program (CSFP), the Emergency
Food Assistance Program (TEFAP), and the Food Distribution Program on Indian Reservations
(FDPIR).3132
PRWORA mandated that unauthorized alien women be ineligible for prenatal care under
Medicaid. Congress also enacted a provision that automatically provides Medicaid coverage at
birth to children born of Medicaid-eligible mothers, but imposes a waiting period on covering
children born of mothers who are not Medicaid-eligible.3233 When the question of whether citizen
children of unauthorized alien mothers were Medicaid-eligible at birth arose, a court dismissed
the argument that children of all Medicaid-ineligible mothers rather than alienage was the
relevant classification. In Lewis v. Thompson, the court found that citizen children of
unauthorized alien mothers must be accorded automatic eligibility on terms as favorable as those
available to the children of citizen mothers.3334
While Title XXI of the Social Security Act , the State Children’s Health Insurance Program
(CHIP),3435 is otherwise considered a federal public benefit (barring unauthorized aliens), the U.S.
Department of Health and Human Services (HHS) promulgated regulations in 2002 permitting
states to provide CHIP coverage to fetuses.3536 States reportedly are using this option of CHIP
coverage for fetuses to provide prenatal care services to pregnant women who are unauthorized
aliens.3637
State Benefits
Unlike earlier federal law, PRWORA expressly bars unauthorized aliens from most state and
locally funded benefits. The restrictions on these benefits parallel the restrictions on federal
2930
As opposed to the rules noted here, the law governing the Food Stamp program bars unauthorized aliens from
participation.
3031
The PWORA itself does not address a states’ obligation to grant all aliens equal access to education under the
Supreme Court’s decision in Plyer v. Doe (47 U.S. 202 [1982]).
3132
No state has, as yet, taken the option to deny benefits under these programs.
3233
42 U.S.C. §1396a(e)(4) and 42 C.F.R. §§435.117, 435.301(b)(1)(iii).
3334
Lewis v. Thompson, 252 F.3d 567, 588 (2d. Cir. 2001). For a complete analysis, see CRS Report RS21470,
Noncitizen Eligibility For Major Federal Public Assistance Programs: Legal Concepts, by Alison M. Smith.
3435
Title XXI of the Social Security Act.
3536
Federal Register, vol. 67, pp. 61955-74, October 2, 2002.
3637
8 U.S.C §1611. For further discussion, see CRS Report R40144, State Medicaid and CHIP Coverage of Noncitizens,
by Ruth Ellen Wasem, and CRS Report RS22785, SCHIP Coverage for Pregnant Women and Unborn Children, by
Evelyne P. Baumrucker.
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benefits. Unauthorized aliens are generally barred from state and local government contracts,
licenses, grants, loans, and assistance.3738 The following exceptions are made:
•
treatment for emergency conditions (other than those related to an organ
transplant);
•
short-term, in-kind emergency disaster relief;
•
immunization against immunizable diseases and testing for and treatment of
symptoms of communicable diseases; and
•
services or assistance (such as soup kitchens, crisis counseling and intervention,
and short-term shelters) designated by the Attorney General as (1) delivering inkind services at the community level, (2) providing assistance without individual
determinations of each recipient’s needs, and (3) being necessary for the
protection of life and safety.
Also, the restrictions on state and local benefits do not apply to activities that are funded in part
by federal funds; these activities are regulated under PRWORA as federal benefits. Furthermore,
the law states that nothing in it is to be construed as addressing eligibility for basic public
education. Finally, the 1996 law allows the states, through enactment of new state laws, to
provide unauthorized aliens with state and local benefits that otherwise are restricted.
Despite the federally imposed bar and the state flexibility provided by PRWORA, states still may
expend a significant amount of state funds for unauthorized aliens. Public elementary and
secondary education coupled with school lunches for unauthorized aliens remain compelled by
judicial decision,3839 and payment for emergency medical services for unauthorized aliens remains
compelled by federal law.3940 Meanwhile, certain other costs attributable to unauthorized aliens,
such as criminal justice costs, remain compelled by the continued presence of unauthorized
aliens.4041
Determining Status and Eligibility
Although the bars on unauthorized aliens obtaining federal benefits are emphatic, determining a
person’s immigration and citizenship status is not always easy. The laws governing the eligibility
of LPRs for means-tested federal assistance are based on a complex set of factors (e.g., work
history, category of admission, and petitioning sponsorship), and states have options to provide
benefits to LPRs that they may not opt to provide to unauthorized aliens.41
3742
38
For a comprehensive legal analyses of these issues at the state and local levels, see CRS Report RL34345, State and
Local Restrictions on Employing, Renting Property to, or Providing Services for Unauthorized Aliens: Legal Issues
and Recent Judicial Developments, by Kate M. Manuel, Jody Feder, and Alison M. Smith.
3839
457 U.S. 202 (1982).
3940
For further analysis of this issue, see CRS Report R40772, Noncitizen Health Insurance Coverage and Use of Select
Safety-Net Providers, by Alison Siskin.
4041
For a fuller discussion, see CRS Report RL33431, Immigration: Frequently Asked Questions on the State Criminal
Alien Assistance Program (SCAAP), by Karma Ester.
4142
For further analyses of these issues, see CRS Report RL33809, Noncitizen Eligibility for Federal Public Assistance:
Policy Overview and Trends, by Ruth Ellen Wasem.
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Immigrant Verification
The Systematic Alien Verification for Entitlements (SAVE) system provides federal, state, and
local government agencies access to data on immigration status that are necessary to determine
noncitizen eligibility for public benefits. The U.S. Citizenship and Immigration Service (USCIS)
does not determine benefit eligibility; rather, SAVE enables the specific program administrators
to ensure that only those noncitizens who meet their program’s eligibility rules actually receive
public benefits. According to USCIS, SAVE draws on the Verification Information System (VIS)
database, which is a nationally accessible database of selected immigration status information that
contains over 60100 million records.4243
SAVE’s statutory authority dates back to the Immigration Reform and Control Act of 1986
(IRCA).4344 The IRCA, as amended, mandates the following programs and agencies to participate
in the verification of an applicant’s immigration status: the Temporary Assistance to Needy
Families (TANF) Program, the Medicaid Program, and certain Territorial Assistance Programs
(U.S. Department of Health and Human Services); the Unemployment Compensation Program
(U.S. Department of Labor); Title IV Educational Assistance Programs (U.S. Department of
Education); and certain Housing Assistance Programs (U.S. Department of Housing and Urban
Development).45 Subsequently, PRWORA required the Attorney General to establish procedures for
for a person applying for a federal public benefit to provide citizenship information in a fair,
nondiscriminatory manner.4446
According to USCIS, state and local agencies may access SAVE through several different webbased internet technologies or by a manual verification (by submitting a formal document
verification request). SAVE charges fees to the agencies using web-based internet access. These
agencies must have a Memorandum of Understanding (MOU) and a purchase order with the
SAVE program contractor to pay the transaction fees for Web-based Internet access.two methods to verify
an applicant’s status: an electronic verification process through the online SAVE system; or, a
paper-based verification process through the Form G-845, Document Verification Request.
USCIS charges the benefit-granting agencies fees to use SAVE through web-based access
according to the number and type of transactions. Agencies must have a Memorandum of
Understanding (MOU) and a purchase order with the SAVE program contractor to pay the
transaction fees for Web-based Internet access. Those agencies submitting paper forms (G-845s)
are charged $2.00 per case by USCIS.47
In addition to establishing the SAVE system, there has been a consensus for well over a decade
that immigration documents issued to aliens should include biometric identifiers. In designing
these documents, the priorities have centered on document integrity as well as personal
identification. The official document issued to LPRs is the permanent resident card, commonly
called a “green card” because it had been printed on green stock. Now it is a plastic card that is
similar in size to a credit card. Since April 1998, the card has incorporated security features,
including digital images, holograms, micro-printing, and an optical memory stripe.45 The USCIS
also issues an employment authorization document (EAD) that has incorporated security features,
including digital images, holograms, and micro-printing, since 1998.46
42
The VIS database is also used for the E-Verify system that employers may use to check whether an alien is
authorized to work in the United States. CRS Report R40446, Electronic Employment Eligibility Verification, by
Andorra Bruno.
43
P.L. 99-603.
44
P.L. 104-193, §432.
45
For further analysis, see CRS Report RL34007, Immigration Fraud: Policies, Investigations, and Issues, by Ruth
Ellen Wasem.
46
For more complete analyses of alien employment laws, policies, and issues, see CRS Report RL33973, Unauthorized
Employment in the United States: Issues, Options, and Legislation, by Andorra Bruno, and CRS Report RS22180,
Unauthorized Employment of Aliens: Basics of Employer Sanctions, by Alison M. Smith.
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43
The VIS database is also used for the E-Verify system that employers may use to check whether an alien is
authorized to work in the United States. CRS Report R40446, Electronic Employment Eligibility Verification, by
Andorra Bruno.
44
P.L. 99-603.
45
In 1996, however, Congress also gave the states the option of not using SAVE for determining noncitizen eligibility
for food stamps, now known as the Supplemental Nutrition Assistance Program (SNAP). More specifically, §840 of
PRWORA added §11(p) to the Food Stamp Act of 1977, which stated that state agencies were not required to use the
income and eligibility or an immigration status verification system that had been established by IRCA. Notably, the
provision did not waive the requirements for the state agencies to make immigration status eligibility determinations.
46
P.L. 104-193, §432.
47
For further information, see the U.S. Citizenship and Immigration Services SAVE home page at
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=
1721c2ec0c7c8110VgnVCM1000004718190aRCRD&vgnextchannel=
1721c2ec0c7c8110VgnVCM1000004718190aRCRD.
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called a “green card” because it had been printed on green stock. Now it is a plastic card that is
similar in size to a credit card. Since April 1998, the card has incorporated security features,
including digital images, holograms, micro-printing, and an optical memory stripe.48 The USCIS
also issues an employment authorization document (EAD) that has incorporated security features,
including digital images, holograms, and micro-printing, since 1998.49
Given that approximately 11 million foreign nationals were estimated to be residing in the United
States without legal authorization in 2010, it is reasonable to presume that some of these
unauthorized aliens are committing document fraud. However, the extent to which unauthorized
aliens enter with fraudulently obtained documents or acquire bogus documents after entry is not
known.4750
Citizenship Verification
As discussed above, the technology to verify legal immigration status has advanced considerably
over the years. The United States, however, does not require its citizens to have legal documents
that verify their citizenship and identity (i.e., national identification cards). Although some assert
that the United States has de facto identification cards in the form of social security cards and
driver’s licenses or state identification cards, none of these documents establishes citizenship.4851
The U.S. passport is one of the few documents that certifies that the individual is a U.S. citizen;
indeed, for most U.S. citizens, it is the only document they possess that verifies both their
citizenship and identity. Until recently, self-attestation of citizenship was generally accepted for
most government purposes.
False claims of citizenship have long been an illicit avenue for benefit fraud and, as a result, are
considered a crime. In general, Section 1015 of the United States Criminal Code criminalizes acts
of fraud relating to naturalization, citizenship, or alien registry. Specifically, it is a criminal
offense for a person to “knowingly ... make any false statement or claim that he is, or at any time
has been, a citizen or national of the United States, with the intent to obtain, for himself or
another, any federal or state benefit or service, or to engage unlawfully in employment in the
United States.”4952 The INA also makes “misrepresentation” (e.g., falsely claiming U.S. citizenship)
a ground for inadmissibility.5053
Congress enacted in recent years several specific laws aimed directly at these perceived loopholes
of citizenship self-attestation and identity document integrity. In terms of document integrity, for
example, the REAL ID Act (P.L. 109-13, Division B) contained provisions to enhance the
security of state-issued drivers’ licenses and personal identification (ID) cards. If state-issued
drivers’ licenses and ID cards are to be accepted for federal purposes, the act requires states to
establish minimum issuance standards and adopt certain procedures to verify documents used to
obtain drivers’ licenses and ID cards.51
In terms of obtaining Medicaid, Section 6036 of the Deficit Reduction Act of 2005 (P.L. 109171), as amended by the Tax Relief and Health Care Act of 2006 (P.L. 109-432), requires that
states obtain satisfactory documentation of citizenship and identity to determine eligibility. This
4748
For further analysis, see CRS Report RL34007, Immigration Fraud: Policies, Investigations, and Issues, by Ruth
Ellen Wasem.
49
For more complete analyses of alien employment laws, policies, and issues, see CRS Report RL33973, Unauthorized
Employment in the United States: Issues, Options, and Legislation, by Andorra Bruno, and CRS Report RS22180,
Unauthorized Employment of Aliens: Basics of Employer Sanctions, by Alison M. Smith.
50
For further analysis, see CRS Report RL34007, Immigration Fraud: Policies, Investigations, and Issues, by Ruth
Ellen Wasem.
4851
For a fuller discussion of national identification issues, see CRS Report RS21137, National Identification Cards:
Legal Issues, by Alison M. Smith.
4952
18 U.S.C. §1015. For a complete legal analysis, see CRS Report RL32657, Immigration-Related Document Fraud:
Overview of Civil, Criminal, and Immigration Consequences, by Michael John Garcia.
50
§212(c) of INA.
51
The act specifies the minimum requirements to be established. These requirements include two biometric features: a
digital photograph and a signature. For further discussion, see CRS Report RL34430, The REAL ID Act of 2005: Legal,
Regulatory, and Implementation Issues, by Todd B. Tatelman.
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53
§212(c) of INA.
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security of state-issued drivers’ licenses and personal identification (ID) cards. If state-issued
drivers’ licenses and ID cards are to be accepted for federal purposes, the act requires states to
establish minimum issuance standards and adopt certain procedures to verify documents used to
obtain drivers’ licenses and ID cards.54
In terms of obtaining Medicaid, Section 6036 of the Deficit Reduction Act of 2005 (P.L. 109171), as amended by the Tax Relief and Health Care Act of 2006 (P.L. 109-432), requires that
states obtain satisfactory documentation of citizenship and identity to determine eligibility. This
requirement is codified as Section 1903(x) of the Social Security Act (SSA). Section 211 of
CHIPRA 2009 (enacted as P.L. 111-3) permits states to elect an alternative process for verifying
citizenship for Medicaid, as required by Section 1903(x) of the SSA. Under the Section 211
option, the name and SSN of an applicant could be submitted to the Commissioner of SSA. The
Commissioner would check the information received from the states against the SSA database
and determine whether the name and SSN match and whether the SSA database shows that the
applicant is a citizen. If the SSA cannot confirm the applicant’s name, SSN, and citizenship, the
applicant would have to either resolve the inconsistency or provide satisfactory documentary
evidence of citizenship as defined in Section 1903(x)(3), or else be disenrolled. Section 211(c) of
CHIPRA 2009 would provide that the Medicaid citizenship documentation requirements currently
required under Section 1903(x), and as amended by the provisions of Section 211 of CHIPRA
2009, would apply to CHIP.5255
The use of the social security card for personal identification has been controversial for many
years. The Social Security Administration (SSA) has emphasized that the social security number
identifies a particular record only and the social security card indicates the person whose record is
identified by that number. Thus, the social security card was not meant to identify the bearer. The
Social Security Amendments of 1972 (P.L. 92-603) required the SSA to obtain evidence to
establish age, citizenship, or alien status, and identity of the applicant for a social security
card/number. As of November 2008, the SSA requires applicants to present for identification a
document that shows name, identifying information and preferably a recent photograph.5356 The
SSA also requires that all documents be either originals or copies certified by the issuing
agency.5457
Receipt of Benefits
There is a widely held perception that many unauthorized migrants obtain federal benefits—
despite the restrictions and verification procedures. Given that data on unauthorized aliens are
estimates at best and that these aliens are expressly barred from most federal programs, reliable
data on the extent that they actually receive benefits are not available. That said, there are a few
54
The act specifies the minimum requirements to be established. These requirements include two biometric features: a
digital photograph and a signature. For further discussion, see CRS Report RL34430, The REAL ID Act of 2005: Legal,
Regulatory, and Implementation Issues, by Todd B. Tatelman.
55
For further discussion, see CRS Report RS22629, Medicaid Citizenship Documentation, by Ruth Ellen Wasem.
56
Implementing §7213 of the Intelligence Reform and Terrorism Prevention Act of 2004, P.L. 108-458.
57
Social Security Administration, New Rules for Getting a Social Security Number and Card, SSA Publication No. 0510120, November 2008.
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program evaluations and investigations, as well as demographic projections, that attempt to
address this thorny issue.5558
The Inspector General for Tax Administration at the U.S. Department of the Treasury found that
the Internal Revenue Service (IRS) paid $4.2 billion in refundable tax credits in 2010 to
individuals who were not authorized to work in the United States. This audit was based upon
analysis of tax returns filed by persons with Individual Taxpayer Identification Numbers (ITINs).
The IRS issues ITINs to individuals who are required to have a taxpayer identification number for
tax purposes but are not eligible to obtain an SSN because they are not authorized to work in the
United States. Both resident and nonresident aliens have income reporting requirements under the
Internal Revenue Code and even income illegally obtained is subject to taxation. The number of
52
For further discussion, see CRS Report RS22629, Medicaid Citizenship Documentation, by Ruth Ellen Wasem.
Implementing §7213 of the Intelligence Reform and Terrorism Prevention Act of 2004, P.L. 108-458.
54
Social Security Administration, New Rules for Getting a Social Security Number and Card, SSA Publication No. 0510120, November 2008.
55
For a more complete synthesis of the research on the costs of unauthorized aliens, see CRS Report R42053, Fiscal
Impacts of the Foreign-Born Population, by William A. Kandel.
53
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tax forms filed with ITINs has increased from 1.55 million in 2005 to 3.02 million in 2010.5659 It is
unclear how many of these individuals who filed with ITINs were part of mixed-status families.60
A dated (2004) U.S. Department of Labor (DOL) study had estimated that $38.0 million in
Unemployment Compensation (UC) was paid to unauthorized aliens in FY2002.5761 In total, the
UC program expended $53.8 billion that same year.5862 In determining eligibility for UC, the state
agency requires that any individual applying for UC, under penalty of perjury, declare in writing
whether or not he or she is a citizen or a national of the United States. If the individual is not a
citizen or a national, the individual must present documentation from the USCIS containing the
individual’s alien admission number or alien file number or such other documents as the state
determines constitute reasonable evidence indicating a satisfactory immigration status.
Immigration status is supposed to be verified through the SAVE Program.5963 The DOL concluded,
“[T]he largest reason for making the error ... involved the state’s failure to use information it had
in hand to determine that this information definitely pointed to an eligibility issue.”6064 This DOL
study did not provide sufficient detail to determine the extent that these unauthorized alien
beneficiaries were “quasi-legal” migrants who had EADs and SSNs.
Analysis of the latest data from DOL’s Benefit Accuracy Measurement (BAM) Survey revealed
that payments to ineligible aliens made up 0.05% of all UC payments from July 2008 through
June 2011.61 These UC payments to ineligible aliens comprised 0.51% of all UC overpayments
during this three-year period.62
Mixed-immigration status families are another factor that confounds research on benefit receipt.
The Food Stamp Program Quality Control sample reported that 1.9 million U.S. citizen children
who were living with noncitizen parents received food stamps in FY2007, or 7.0% of all
participants.63 Although many of these noncitizen parents are likely to be LPRs, some parents
may be unauthorized migrants. Similarly, FY2006 data on characteristics of TANF recipients
56
58
For a more complete synthesis of the research on the costs of unauthorized aliens, see CRS Report R42053, Fiscal
Impacts of the Foreign-Born Population, by William A. Kandel.
59
Michael E. McKenney, Kyle R. Andersen, and Larry Madsen, et al., Individuals Who Are Not Authorized to Work in
the United States Were Paid $4.2 Billion in Refundable Credits, Treasury Inspector General for Tax Administration,
2011-41-061, Washington , DC, July 7, 2011, http://www.treasury.gov/tigta/auditreports/2011reports/
201141061fr.html#background.
5760
For further analysis, see CRS Report R42628, Ability of Unauthorized Aliens to Claim Refundable Tax Credits, by
Erika K. Lunder et al.
61
U.S. Department of Labor, Employment and Training Administration, An Analysis of Overpayments Not Included In
the Unemployment Insurance (UI) Government Performance and Results Act (GPRA) Measure for “Prevention of
Overpayments.”
5862
For more on the Unemployment Compensation Program, see CRS Report RL33362, Unemployment Insurance:
Programs and Benefits, by Katelin P. Isaacs and Julie M. Whittaker.
59Julie M. Whittaker and Katelin P. Isaacs.
63
§1137(d) and (e) of the Social Security Act (SSA).
6064
U.S. Department of Labor, Employment and Training Administration, An Analysis of Overpayments Not Included In
the Unemployment Insurance (UI) Government Performance and Results Act (GPRA) Measure for “Prevention of
Overpayments,” report available at http://workforcesecurity.doleta.gov/unemploy/integrity/gpra_overpayments.asp, last
accessed May 5, 2008.
61
The BAM survey includes the State UI, Unemployment Compensation for Federal Employees (UCFE), and
Unemployment Compensation for Ex-Service Members (UCX) programs only and does not include payments for
Extended Benefits or Emergency Unemployment Compensation.
62
U.S. Department of Labor, Office of Unemployment Insurance, BAM Overpayment Rates by Cause, unpublished
tabulations from the Benefit Accuracy Management System, December 9, 2011.
63
U.S. Department of Agriculture, Food and Nutrition Service, Office of Research and Analysis, Characteristics of
Food Stamp Households: Fiscal Year 2007, FSP-08-CHAR, by Kari Wolkwitz and Joshua Leftin. Project Officer,
Jenny Genser. Alexandria, VA: 2008.
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June 2011.65 These UC payments to ineligible aliens comprised 0.51% of all UC overpayments
during this three-year period.66
Mixed-immigration status families are another factor that confounds research on benefit receipt.
The Food Stamp Program Quality Control sample reported that 1.9 million U.S. citizen children
who were living with noncitizen parents received food stamps in FY2007, or 7.0% of all
participants.67 Although many of these noncitizen parents are likely to be LPRs, some parents
may be unauthorized migrants. Similarly, FY2006 data on characteristics of TANF recipients
indicate that 37.5% of the “child-only” cases are U.S. citizen children of foreign born parents who
do not meet the definition of “qualified alien.”6468
Steven Camarota, Director of Researchdirector of research at the Center for Immigration Studies, used the March
CPS CPS
and the decennial census as the basis for his widely cited estimations on federal benefits that
may may
have gone to households headed by unauthorized migrants in 2002.6569 Camarota estimated
that the
largest costs were Medicaid ($2.5 billion), treatment for the uninsured ($2.2 billion), and
food food
assistance programs ($1.9 billion). Camarota’s cost calculations additionally included
programs programs
that unauthorized aliens are eligible for, such as emergency Medicaid and school lunch.
He He
concluded, “[M]any of the costs associated with illegals are due to their American-born
children,
who are awarded U.S. citizenship at birth ... greater efforts at barring illegals from
federal federal
programs will not reduce costs because their citizen children can continue to access
them.”6670
Selected Issues
Although the law appears straightforward, the policy on unauthorized aliens’ access to federal
benefits is peppered with ongoing controversies and debates. Some center on demographics
issues (e.g., how to treat mixed-immigration status families.) Others explore unintended
consequences, most notably when tightening up the identification requirements results in denying
benefits to U.S. citizens. Still others are debates about how broadly the clause “federal public
benefit” should be implemented. The concluding section of this report offers an illustrative
sampling of these issues.
Treatment of Mixed Status Families
Whether an unauthorized alien who is head of household is permitted to be the payee of a federal
benefit for U.S. citizen children varies across programs. Most federal statutes are silent on the
matter because the benefit is given to the eligible individual.67 In the case of the Supplemental
Nutrition Assistance Program (SNAP), the “assistance unit” is a household, typically those living
together who also purchase and prepare food together. SNAP/food stamp eligibility and benefits
depend on the number of eligible household members and household financial resources. When
determining a household’s eligibility status and benefit level, unauthorized aliens living with
eligible members are not counted as household members; but their income, typically less their
64
65
The BAM survey includes the State UI, Unemployment Compensation for Federal Employees (UCFE), and
Unemployment Compensation for Ex-Service Members (UCX) programs only and does not include payments for
Extended Benefits or Emergency Unemployment Compensation.
66
U.S. Department of Labor, Office of Unemployment Insurance, BAM Overpayment Rates by Cause, unpublished
tabulations from the Benefit Accuracy Management System, December 9, 2011.
67
U.S. Department of Agriculture, Food and Nutrition Service, Office of Research and Analysis, Characteristics of
Food Stamp Households: Fiscal Year 2007, FSP-08-CHAR, by Kari Wolkwitz and Joshua Leftin. Project Officer,
Jenny Genser. Alexandria, VA: 2008.
68
U.S. Department of Health and Human Services, Characteristics and Financial Circumstances of TANF Recipients,
Fiscal Year 2006, Table 12, November 1, 2007.
6569
For a complete discussion of Camarota’s methodology on the costs of unauthorized aliens, see CRS congressional
distribution memorandum, Cost Estimates of Unauthorized (Illegal) Immigration, by Alison Siskin, May 27, 2007
(available on request).
6670
Steven A. Camarota, The High Cost of Cheap Labor: Illegal Immigration and the Federal Budget (Washington,
D.C.: Center for Immigration Studies, August 2004).
67
If the presence of ineligible aliens (e.g. unauthorized aliens or LPRs during the first five years) in a family are made
known, state policies likely do not exclude their income or financial resources from the household when determining
whether the family falls within the poverty thresholds for Medicaid or TANF. California’s TANF program, for
example, includes the income and needs of ineligible aliens who are part of the household in making the eligibility
determination but does not compute such individuals into the grant amount.
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pro-rata share, is counted (deemed to the rest of the household).68
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Treatment of Mixed Status Families
Whether an unauthorized alien who is head of household is permitted to be the payee of a federal
benefit for U.S. citizen children varies across programs. Most federal statutes are silent on the
matter because the benefit is given to the eligible individual.71 In the case of the Supplemental
Nutrition Assistance Program (SNAP), the “assistance unit” is a household, typically those living
together who also purchase and prepare food together. SNAP/food stamp eligibility and benefits
depend on the number of eligible household members and household financial resources.72 When
determining a household’s eligibility status and benefit level, unauthorized aliens living with
eligible members are not counted as household members; but their income, typically less their
pro-rata share, is counted (deemed to the rest of the household).73 SNAP/food stamp rules allow
an unauthorized alien household member to apply for and obtain benefits on behalf of eligible
members and eligibility/benefit determinations are carried out as described above.6974
The Supplemental Security Income (SSI) program, while not expressly barring them, sets a
barrier for unauthorized alien parents to be the payees of SSI benefits for their U.S. citizen
children. More precisely, the Social Security Act requires an investigation into a potential
representative payee to determine his or her suitability and as part of this investigation: “verify
the social security account number (or employer identification number) of such person.”7075 This
provision is somewhat analogous to requirement that taxpayers claiming the EITC provide their
SSN and the SSN of any qualifying child.7176
Expansion of Documentary Requirements
Foreign nationals who are LPRs, as discussed more fully above, have biometric identification
documents, and their eligibility for federal benefits may be confirmed through the SAVE system.
Congress has already enacted strong incentives for states to issue enhanced drivers licenses
(EDLs) that indicate country of citizenship. Requiring that the Social Security Administration
issue SSNs that may be used to verify immigration status and citizenship is another option.
Proponents of expanding the documentary requirements to include proof of U.S. citizenship assert
that it is the most effective way to stop ineligible aliens from making false claims of U.S.
citizenship. A secondary argument is one of equal treatment; that is, it levels the playing field by
holding U.S. citizens to the same documentary requirements as foreign nationals.
Medicaid provides an excellent example because, as noted earlier, a citizenship documentation
requirement was added in 2006 to supersede the self-declaration of citizenship status.72 Medicaid
now requires that a state obtain satisfactory documentation of citizenship and identity to
determine eligibility.73 When the U.S. Government Accountability Office (GAO) evaluated the
new requirement in 2007, it found only limited information about the extent to which the
requirement deterred aliens who were not qualified from applying for Medicaid. These findings
were consistent with the 2005 HHS Office of Inspector General report on state self-attestation
policies, which did not find problems regarding false allegations of citizenship.74 Rather, the
GAO found evidence of inadvertent denials of persons who appeared to be U.S. citizens.
“Twenty-two of the 44 states reported declines in Medicaid enrollment due to the requirement,
68
71
If the presence of ineligible aliens (e.g. unauthorized aliens or LPRs during the first five years) in a family are made
known, state policies likely do not exclude their income or financial resources from the household when determining
whether the family falls within the poverty thresholds for Medicaid or TANF. California’s TANF program, for
example, includes the income and needs of ineligible aliens who are part of the household in making the eligibility
determination but does not compute such individuals into the grant amount.
72
For background on SNAP, see CRS Report R42505, Supplemental Nutrition Assistance Program (SNAP): A Primer
on Eligibility and Benefits, by Randy Alison Aussenberg.
73
Sec. 6(f) of the Food and Nutrition Act; 7 U.S.C. 2015(f). In addition, §6(f) provides that, when judging a
household’s eligibility, the total amount of an ineligible unauthorized alien household member’s liquid assets are to be
counted.
6974
§11(e) of the Food and Nutrition Act; 7 U.S.C. 2020(e).
7075
§1631(a)(2)(B)(ii)(II) of the Social Security Act. Presumably, an alternate payee would be designated to receive the
money on the child’s behalf if the payee’s SSN was not valid.
71
§451 of PRWORA. 8 U.S.C. 1161.
72
§6036 of the Deficit Reduction Act of 2005 (P.L. 109-171), as amended by the Tax Relief and Health Care Act of
2006 (P.L. 109-432).
73
For further discussion, see CRS Report RS22629, Medicaid Citizenship Documentation, by Ruth Ellen Wasem.
74
U.S. Department of Health and Human Services, Office of Inspector General, Self-Declaration of U.S. Citizenship
for Medicaid, July 2005.
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76
§451 of PRWORA. 8 U.S.C. 1161.
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Medicaid provides an excellent example because, as noted earlier, a citizenship documentation
requirement was added in 2006 to supersede the self-declaration of citizenship status.77 Medicaid
now requires that a state obtain satisfactory documentation of citizenship and identity to
determine eligibility.78 When the U.S. Government Accountability Office (GAO) evaluated the
new requirement in 2007, it found only limited information about the extent to which the
requirement deterred aliens who were not qualified from applying for Medicaid. These findings
were consistent with the 2005 HHS Office of Inspector General report on state self-attestation
policies, which did not find problems regarding false allegations of citizenship.79 Rather, the
GAO found evidence of inadvertent denials of persons who appeared to be U.S. citizens.
“Twenty-two of the 44 states reported declines in Medicaid enrollment due to the requirement,
and a majority of these states attributed the declines to delays in or losses of Medicaid coverage
for individuals who appeared to be eligible citizens.”7580
Also at issue is whether expanded documentary requirements are cost effective. The HHS Centers
for Medicare & Medicaid Services (CMS) had estimated the citizenship documentation
requirement would result in savings for the federal government and states of $90 million for
FY2008. When GAO investigated this cost savings, it concluded that the potential fiscal benefits
for the federal government and states were uncertain. “Specifically, CMS did not account for the
increased administrative expenditures reported by states, and the agency’s estimated savings from
ineligible, noncitizens no longer receiving benefits may be less than anticipated.”7681
Scope of “Federal Public Benefits” Clause for Tax Refunds
The language of Section 401 of PRWORA appears to be quite broad (see the “Current Federal
Law” section, above), yet its implementation across federal public benefits is not uniform. An
excellent example of this ambiguity centers on tax refunds. As noted earlier, the Internal Revenue
Code generally does not distinguish between resident aliens who are lawfully present in the
United States and those who are not (with the exception of the EITC). It appears that the Internal
Revenue Service (IRS) permits unauthorized resident aliens to claim the additional child tax
credit.7782 There is no indication, moreover, that the IRS generally considers refundable tax credits
to be federal public benefits that unauthorized migrants are barred from receiving.78
It is possible that refundable tax credits could fall within the types of benefits described by
Section 401. 79 Under this interpretation, the refundable nature of a credit makes it equivalent to a
“grant” or “payment or assistance” provided by a federal agency or appropriated funds.
Refundable tax credits, as some elaborate, are being “provided to an individual, family, or
eligibility unit” and thus could be classified as a federal public benefit under Section 401 of
PRWORA.80
75
83
77
§6036 of the Deficit Reduction Act of 2005 (P.L. 109-171), as amended by the Tax Relief and Health Care Act of
2006 (P.L. 109-432).
78
For further discussion, see CRS Report RS22629, Medicaid Citizenship Documentation, by Ruth Ellen Wasem.
79
U.S. Department of Health and Human Services, Office of Inspector General, Self-Declaration of U.S. Citizenship
for Medicaid, July 2005.
80
U.S. Government Accountability Office, States Reported That Citizenship Documentation Requirement Resulted in
Enrollment Declines for Eligible Citizens and Posed Administrative Burdens, GAO-07-889, June 2007.
7681
U.S. Government Accountability Office, States Reported That Citizenship Documentation Requirement Resulted in
Enrollment Declines for Eligible Citizens and Posed Administrative Burdens, GAO-07-889, June 2007.
7782
See Treasury Inspector General for Tax Administration, The Internal Revenue Service’s Individual Taxpayer
Identification Number Creates Significant Challenges for Tax Administration, Report No. 2004-30-023, at 3 (January
2004) (stating that “unauthorized resident aliens are eligible for the Additional Child Tax Credit (ACTC), which is one
of only two major credits that can result in a Federal Government payment above the tax liability. In TY 2001, $160.5
million was given to approximately 203,000 unauthorized resident aliens, with about 190,000 of these filers having no
tax liability and receiving $151 million”).
78
CRS congressional distribution memorandum, Legal Analysis of Whether Section 401 of the Personal Responsibility
and Work Opportunity Reconciliation Act Prohibits Unauthorized Resident Aliens from Receiving Refundable Tax
Credits, by Erika Lunder and Edward Liu, January 28, 2008 (available on request).
79
Michael E. McKenney, Kyle R. Andersen, and Larry Madsen, et al., Individuals Who Are Not Authorized to Work in
the United States Were Paid $4.2 Billion in Refundable Credits, Treasury Inspector General for Tax Administration,
2011-41-061, Washington , DC, July 7, 2011, http://www.treasury.gov/tigta/auditreports/2011reports/
201141061fr.html#background.
80
CRS congressional distribution memorandum, Legal Analysis of Whether Section 401 of the Personal Responsibility
and Work Opportunity Reconciliation Act Prohibits Unauthorized Resident Aliens from Receiving Refundable Tax
Credits, by Erika Lunder and Edward Liu, January 28, 2008 (available on request).
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CRS Report R42628, Ability of Unauthorized Aliens to Claim Refundable Tax Credits, by Erika K. Lunder et al.
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It is possible that refundable tax credits could fall within the types of benefits described by
Section 401.84 Under this interpretation, the refundable nature of a credit makes it equivalent to a
“grant” or “payment or assistance” provided by a federal agency or appropriated funds.
Refundable tax credits, as some elaborate, are being “provided to an individual, family, or
eligibility unit” and thus could be classified as a federal public benefit under Section 401 of
PRWORA.85
Competing Priorities for Emergency Relief
Government officials sometimes face competing priorities when dealing with unauthorized aliens,
and such dilemmas are especially evident during major disasters. When a major disaster occurs,
two competing priorities come into play: access to emergency disaster relief and immigration
enforcement. According to Section 401 of PRWORA, unauthorized aliens are eligible for shortterm, in-kind emergency disaster relief and services or assistance that deliver in-kind services at
the community level, provide assistance without individual determinations of each recipient’s
needs, and are necessary for the protection of life and safety.8186 The Robert T. Stafford Disaster
Relief and Emergency Assistance Act,8287 the authority under which the Federal Emergency
Management Agency (FEMA) conducts disaster assistance efforts, requires nondiscrimination
and equitable treatment in disaster assistance.8388 FEMA assistance provided under the Stafford Act
includes (but is not limited to) grants for immediate temporary shelter, cash grants for uninsured
emergency personal needs, temporary housing assistance, home repair grants, unemployment
assistance due to the disaster, emergency food supplies, legal aid for low-income individuals, and
crisis counseling.8489
When a situation threatens human health and safety, and a disaster is imminent but not yet
declared, the Secretary of DHS may pre-position employees and supplies and provide
precautionary evacuation measures.8590 As part of a mock evacuation May 2008 in the Rio Grande
Valley of Texas, DHS Border Patrol officials in that region announced that border patrol agents
would pre-screen residents for citizenship documents before allowing them to board evacuation
buses in the event of a hurricane. DHS Border Patrol spokesperson Dan Doty stated that the
border patrol will assist other federal, state, and local authorities in a safe evacuation but at the
same time uphold its job of “border security, protecting the border, and establishing alienage.”86
81
84
Michael E. McKenney, Kyle R. Andersen, and Larry Madsen, et al., Individuals Who Are Not Authorized to Work in
the United States Were Paid $4.2 Billion in Refundable Credits, Treasury Inspector General for Tax Administration,
2011-41-061, Washington , DC, July 7, 2011, http://www.treasury.gov/tigta/auditreports/2011reports/
201141061fr.html#background.
85
CRS Report R42628, Ability of Unauthorized Aliens to Claim Refundable Tax Credits, by Erika K. Lunder et al.
86
For a more complete analysis, see CRS Congressional Distribution Memorandum, Noncitizen Eligibility for DisasterRelated Assistance, by Alison Siskin, February 15, 2002, and CRS Report RL33091, Hurricane Katrina-Related
Immigration Issues and Legislation, by Ruth Ellen Wasem.
8287
42 USC §5121 et. seq.
8388
42 USC §5151(a): The President shall issue, and may alter and amend, such regulations as may be necessary for the
guidance of personnel carrying out Federal assistance functions at the site of a major disaster or emergency. Such
regulations shall include provisions for insuring that the distribution of supplies, the processing of applications, and
other relief and assistance activities shall be accomplished in an equitable and impartial manner, without discrimination
on the grounds of race, color, religion, nationality, sex, age, disability, English proficiency, or economic status.
8489
For a full discussion of available assistance, see CRS Report RL33053, Federal Stafford Act Disaster Assistance:
Presidential Declarations, Eligible Activities, and Funding, by Francis X. McCarthy.
8590
The Post-Katrina Emergency Management Reform Act of 2006 (Title VI, P.L. 109-295) authorized the President to
support precautionary evacuation measures, accelerate federal emergency response and recovery aid, and provide
expedited federal assistance (coordinated with the state to the extent possible) in the absence of a specific request from
state officials authorized to provide transportation assistance to those displaced from their residences, including that
assistance needed to move among alternative temporary shelters or to return to their original residence; and provide
case management services to state, local, or qualified private organizations that provide assistance to victims. (P.L.
109-295, §681, 120 Stat. 1444, which amended §§402 and 502 of the Stafford Act.) For more information on the
expanded assistance, see CRS Report RL33729, Federal Emergency Management Policy Changes After Hurricane
Katrina: A Summary of Statutory Provisions, coordinated by Keith Bea.
86
Rio Grande Guardian, “Hurricane evacuees leaving the Valley by bus will be prescreened for citizenship,” by Joey
Gomez, May 14, 2008. Doty later responded to criticism that this policy would endanger people by stating: “In the
event of a mandatory evacuation, any illegal alien that is taken into custody by the Border Patrol will be evacuated by
the Border Patrol to a detention facility in a safe area of the state. People in custody will still be moved out of the
immediate danger areas.” Houston Chronicle, “Border Patrol plans to check IDs in hurricane evacuations,” Associated
Press, May 16, 2008, and Rio Grande Guardian, “Hinojosa, AILA, criticize Border Patrol involvement in Valley
(continued...)
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Valley of Texas, DHS Border Patrol officials in that region announced that border patrol agents
would pre-screen residents for citizenship documents before allowing them to board evacuation
buses in the event of a hurricane. DHS Border Patrol spokesperson Dan Doty stated that the
border patrol will assist other federal, state, and local authorities in a safe evacuation but at the
same time uphold its job of “border security, protecting the border, and establishing alienage.”91
DHS has reportedly acknowledged the importance of keeping families together during an
evacuation; however, officials have not indicated how mixed-immigration status families would
be treated, or what would happen (when asked) if everyone in the family except an elderly
grandparent had proper documents.8792 Notwithstanding the media reports, DHS Headquarters
officials indicate that the department has not issued a formal policy on pre-screening during
emergency evacuations.8893
When the disaster relief moves from emergency assistance for the protection of life and safety to
disaster aid based on determinations of each recipient’s needs (e.g., funds to help repair a
damaged home), the “federal public benefits” question arises. FEMA requires additional
information from applicants at this point in the application process. That information may include
proof of a rental agreement or property ownership, employment status, and other factors that may
further identify an applicant’s citizenship status as part of the eligibility determination.8994
Regardless of their programmatic eligibility, when unauthorized aliens are receiving federal
disaster aid, according to DHS officials, they have no immunity from deportation. In the
aftermath of Hurricanes Katrina and Rita in 2005, there were reportedly many displaced aliens
who feared that seeking government help might lead to their deportation.9095 “The administration’s
priority is to provide needed assistance: water, food, medical care, shelter,” DHS spokesperson
Joanna Gonzalez explained at the time. “However, as we move forward with the response, we
can’t turn a blind eye to the law.”9196 DHS arrested, detained, and ordered deported an unspecified
number of unauthorized aliens displaced by the 2005 hurricanes.92
Re-emergence of PRUCOL with “Quasi-legal” Migrants
As awareness of and confusion over “quasi-legal” migrants grows, the policies embodied by
PRUCOL are returning to the fore.93 This issue most frequently arises in the context of
(...continued)
hurricane evacuation,” by Steve Taylor, May 17, 2008.
8797
(...continued)
expanded assistance, see CRS Report RL33729, Federal Emergency Management Policy Changes After Hurricane
Katrina: A Summary of Statutory Provisions, coordinated by Keith Bea.
91
Rio Grande Guardian, “Hurricane evacuees leaving the Valley by bus will be prescreened for citizenship,” by Joey
Gomez, May 14, 2008. Doty later responded to criticism that this policy would endanger people by stating: “In the
event of a mandatory evacuation, any illegal alien that is taken into custody by the Border Patrol will be evacuated by
the Border Patrol to a detention facility in a safe area of the state. People in custody will still be moved out of the
immediate danger areas.” Houston Chronicle, “Border Patrol plans to check IDs in hurricane evacuations,” Associated
Press, May 16, 2008, and Rio Grande Guardian, “Hinojosa, AILA, criticize Border Patrol involvement in Valley
hurricane evacuation,” by Steve Taylor, May 17, 2008.
92
San Antonio Express-News, “U.S. Citizenship To Be Checked In Event Of A Storm,” by Lynn Brezosky, May 16,
2008.
8893
CRS has been advised that this reported citizenship pre-screening is not an official DHS policy at this time. Meeting
with DHS Customs and Border Protection officials, May 21, 2008.
8994
FEMA’s policy states that if you are not a U.S. citizen or a qualified alien, another adult household member who is
eligible may qualify and “no information regarding your status will be gathered.” If a minor child who is a U.S. citizen
or a qualified alien resides with you, you can apply for assistance on your child’s behalf and “no information regarding
your status will be gathered.”
9095
CRS Report RL33091, Hurricane Katrina-Related Immigration Issues and Legislation, by Ruth Ellen Wasem.
9196
Washington Post, “For Illegal Immigrants, Some Aid Is Too Risky,” by Darryl Fears, September 20, 2005.
9297
Wall Street Journal, “Storms in the Gulf: Roundup of Immigrants in Shelter Reveals Rising Tensions,” by Chad
Terhune and Even Perez, October 3, 2005; Chicago Tribune, “Immigration Agents Net 5,” by Tribune News Service,
September 20, 2005; and El Paso Times,” Evacuee Faces Deportation,” by Louie Gilot, September 22, 2005.
93
PRUCOL specifically arose early in the 110th Congress when §226 of the House-passed Trade Adjustment
Assistance (TAA) Act of 2007 (H.R. 3920) stated: “No benefit allowances, training, or other employment services may
be provided under this chapter to a worker who is an alien unless the alien is an individual lawfully admitted for
permanent residence to the United States, is lawfully present in the United States, or is permanently residing in the
United States under color of law.” This provision restated language in the existing TAA statute that had been
superseded by Title VI of PRWORA. Although the Senate did not act on H.R. 3920 in the 110th Congress, P.L. 110161 has appropriated funding for TAA without the PRUCOL language. For background and legislative tracking on
TAA, see CRS Report RL34383, Trade Adjustment Assistance (TAA) for Workers: Current Issues and Legislation, by
(continued...)
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Re-emergence of PRUCOL with “Quasi-legal” Migrants
As awareness of and confusion over “quasi-legal” migrants grows, the policies embodied by
PRUCOL are returning to the fore.98 This issue most frequently arises in the context of
compensation or training for laid-off workers or in debates over tax refunds or rebates. Those
aliens who have EADs and SSNs—but who are not otherwise authorized to reside in the United
States—pose a particular dilemma to some because they are permitted to work and have likely
paid into the system that finances the particular benefit. They also are difficult to distinguish from
LPRs because they possess valid government-issued documents.
A similar issue is whether states may provide in-state tuition to foreign nationals who have
Temporary Protected Status (TPS), a subset of “quasi-legal” migrants. Some have asserted the bar
on benefit receipt does not apply to foreign nationals with TPS because Section 244 of INA
considers them lawfully present. However, others point out that Section 244(f)(4) limits that
“lawfully present” designation to nonimmigrant adjustments or changes in immigration status.
Aliens with TPS are not defined qualified aliens under PRWORA. Given the bar on federally
funded postsecondary education in Section 401 of PRWORA, the question of states providing instate tuition to foreign nationals with TPS may ultimately hinge on whether federal funds are
involved.9499
Refinement or Revisions of the Rules
Congress has grappled on numerous occasions with the question of whether to refine or revise the
access rules for unauthorized aliens. These issues are sometimes centered in intricate and, some
would say, secondary concerns (e.g., the citizenship documentation requirements in the CHIP
reauthorization legislation in the 111th Congress).95100 Other times, the issue becomes embroiled in
major “hot-button” controversy, such as the motion to re-commit H.R. 3161 in the 110th Congress
with instructions to amend it to bar use of funds to employ or provide housing for unauthorized
aliens.96101
Some argue that—if unauthorized aliens can end-run the system—federal benefit programs are a
magnet for unauthorized migration. Others argue that—in the absence of congressional action on
comprehensive immigration reform—the dilemma of unauthorized aliens, mixed-immigration
status families, and “quasi-legal” migrants fosters a growing underclass of noncitizens who lack
access to services. Whether additional restrictions and expenditures to further bar access to
benefits, as well as fraudulent receipt of benefits, are cost-effective options in terms of the value
of the benefits provided is yet another argument for Congress to weigh.
(...continued)
John J. Topoleski.
9498
PRUCOL specifically arose early in the 110th Congress when §226 of the House-passed Trade Adjustment
Assistance (TAA) Act of 2007 (H.R. 3920) stated: “No benefit allowances, training, or other employment services may
be provided under this chapter to a worker who is an alien unless the alien is an individual lawfully admitted for
permanent residence to the United States, is lawfully present in the United States, or is permanently residing in the
United States under color of law.” This provision restated language in the existing TAA statute that had been
superseded by Title VI of PRWORA. Although the Senate did not act on H.R. 3920 in the 110th Congress, P.L. 110161 has appropriated funding for TAA without the PRUCOL language. For background and legislative tracking on
TAA, see CRS Report RL34383, Trade Adjustment Assistance (TAA) for Workers: Current Issues and Legislation, by
John J. Topoleski (available upon request).
99
For further analyses of these issues, see CRS Report RS22500, Unauthorized Alien Students, Higher Education, and
In-State Tuition Rates: A Legal Analysis, by Jody Feder, and CRS Report RL33863, Unauthorized Alien Students:
Issues and “DREAM Act” Legislation, by Andorra Bruno.
95100
CRS Report RS22629, Medicaid Citizenship Documentation, by Ruth Ellen Wasem.
96101
The House of Representatives established a special committee to investigate the August 2, 2007, roll call vote to
recommit H.R. 3161, the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies
FY2008 Appropriations Act. For background on this dispute, see CQ Today, “Preliminary Report on Disputed Vote
Answers Few Questions,” by Kathleen Hunter, September, 28, 2007, and CQ Today, “This Is One Ugly Dispute That
May Soon Be Ready for Its Close-Up,” by Molly K. Hooper, April 17, 2008.
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Author Contact Information
Ruth Ellen Wasem
Specialist in Immigration Policy
rwasem@crs.loc.gov, 7-7342comprehensive immigration reform—the dilemma of unauthorized aliens, mixed-immigration
status families, and “quasi-legal” migrants fosters a growing underclass of noncitizens who lack
access to services. Whether additional restrictions and expenditures to further bar access to
benefits, as well as fraudulent receipt of benefits, are cost-effective options in terms of the value
of the benefits provided is yet another argument for Congress to weigh.
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