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Noncitizen Eligibility for Supplemental Security Income (SSI)

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Noncitizen Eligibility for Supplemental Security February 23September 22, 2021 , 2021
Income (SSI)
Abigail F. Kolker,
Supplemental Security Income (SSI) is a federal means-tested program that provides Supplemental Security Income (SSI) is a federal means-tested program that provides
Coordinator
monthly cash payments to seniors aged 65 or older, blind or disabled adults, and blind or monthly cash payments to seniors aged 65 or older, blind or disabled adults, and blind or
Analyst in Immigration Analyst in Immigration
disabled children. The program is intended to provide aged, blind, or disabled disabled children. The program is intended to provide aged, blind, or disabled
Policy Policy
individuals with a minimum level of income to meet their basic needs for food and individuals with a minimum level of income to meet their basic needs for food and

shelter. SSI is commonly known as a program of “last resort” because individuals must shelter. SSI is commonly known as a program of “last resort” because individuals must
William R. Morton
first apply for most other benefits for which they may be eligible. Cash assistance is first apply for most other benefits for which they may be eligible. Cash assistance is
Analyst in Income Security Analyst in Income Security
provided only to those whose income and resources (i.e., assets) are within prescribed provided only to those whose income and resources (i.e., assets) are within prescribed

limits. SSI is administered by the Social Security Administration but is not part of the limits. SSI is administered by the Social Security Administration but is not part of the
Paul S. Davies
Social Security program. Social Security program.
Specialist in Income Specialist in Income
Security Security
SSI is available to U.S. citizens and certain noncitizens who meet applicable program SSI is available to U.S. citizens and certain noncitizens who meet applicable program

requirements. Historical y, noncitizen eligibility for SSI was limited to lawful permanent requirements. Historical y, noncitizen eligibility for SSI was limited to lawful permanent
residents (LPRs; also known as residents (LPRs; also known as green-card holders) and noncitizens otherwise ) and noncitizens otherwise
permanently residing under color of law in the United States, a broad term that includes a number of different in the United States, a broad term that includes a number of different
immigration categories. However, in 1996, Congress amended immigration law to establish an overarching set of immigration categories. However, in 1996, Congress amended immigration law to establish an overarching set of
noncitizen eligibility requirements for most federal public benefits as part of welfare reform. Title IV of the noncitizen eligibility requirements for most federal public benefits as part of welfare reform. Title IV of the
Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA; P.L. 104-193, as amended) Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA; P.L. 104-193, as amended)
restricted noncitizen eligibility for most federal public benefits to restricted noncitizen eligibility for most federal public benefits to qualified aliens, a term that includes LPRs, , a term that includes LPRs,
refugees, asylees, aliens paroled into the United States for at least one year, and aliens granted withholding of refugees, asylees, aliens paroled into the United States for at least one year, and aliens granted withholding of
removal. PRWORA also imposed additional restrictions on noncitizen eligibility for certain federal meansremoval. PRWORA also imposed additional restrictions on noncitizen eligibility for certain federal means -tested -tested
public benefits, including SSI. As a result, noncitizen eligibility for SSI is limited largely to the following groups: public benefits, including SSI. As a result, noncitizen eligibility for SSI is limited largely to the following groups:
 LPRs who (1) have 40 qualifying quarters of work (about 10 years) and (2) have satisfied a five-  LPRs who (1) have 40 qualifying quarters of work (about 10 years) and (2) have satisfied a five-
year waiting period from their entry/grant of status; year waiting period from their entry/grant of status;
 qualified aliens who are lawfully residing in the United States and are (1) honorably discharged  qualified aliens who are lawfully residing in the United States and are (1) honorably discharged
veterans, (2) active duty members of the U.S. Armed Forces, or (3) the eligible veterans, (2) active duty members of the U.S. Armed Forces, or (3) the eligible spouses and spouses and
children of such veterans or servicemembers; children of such veterans or servicemembers;
 certain aliens who are lawfully residing in the United States and were receiving SSI on August  certain aliens who are lawfully residing in the United States and were receiving SSI on August
22, 1996; 22, 1996;
 qualified aliens who were lawfully residing in the United States on August 22, 1996, and are now  qualified aliens who were lawfully residing in the United States on August 22, 1996, and are now
blind or disabled; and blind or disabled; and
 certain American Indians.  certain American Indians.
In addition, the following noncitizens may be eligible for SSI for a maximum of seven years: In addition, the following noncitizens may be eligible for SSI for a maximum of seven years:
 refugees,  refugees,
 asylees,  asylees,
 aliens granted withholding of removal,  aliens granted withholding of removal,
 Cuban-Haitian Entrants,  Cuban-Haitian Entrants,
 Amerasian immigrants,  Amerasian immigrants,
 certain abused spouses and children, and  certain abused spouses and children, and
 Iraqi and Afghan special immigrants.  Iraqi and Afghan special immigrants.
For most noncitizens with an immigration sponsor, PRWORA requires the income and resources of the sponsor For most noncitizens with an immigration sponsor, PRWORA requires the income and resources of the sponsor
and the sponsor’s spouse (if any) to be considered in determining the sponsored noncitizen’s financial eligibility and the sponsor’s spouse (if any) to be considered in determining the sponsored noncitizen’s financial eligibility
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Noncitizen Eligibility for Supplemental Security Income (SSI)

for SSI and the amount of the cash payment (if any). This process, known as for SSI and the amount of the cash payment (if any). This process, known as sponsor deeming, applies until the , applies until the
sponsored noncitizen becomes a U.S. citizen or accumulates 40 qualifying quarters of work. sponsored noncitizen becomes a U.S. citizen or accumulates 40 qualifying quarters of work.
In December 2019, SSI issued payments to 430,352 noncitizens, representing 5.3% of the nearly 8.1 mil ion SSI In December 2019, SSI issued payments to 430,352 noncitizens, representing 5.3% of the nearly 8.1 mil ion SSI
recipients overal . The average monthly SSI payment to noncitizens was $502.32; the average monthly SSI recipients overal . The average monthly SSI payment to noncitizens was $502.32; the average monthly SSI
payment to citizens was $569.26. Nearly three-fourths (73.5%) of al noncitizens receiving SSI were aged 65 or payment to citizens was $569.26. Nearly three-fourths (73.5%) of al noncitizens receiving SSI were aged 65 or
older. Most noncitizen SSI recipients (60.0%) were female, and just over half (50.6%) concurrently received a older. Most noncitizen SSI recipients (60.0%) were female, and just over half (50.6%) concurrently received a
Social Security benefit. Social Security benefit.
The number of noncitizens receiving SSI peaked in 1995 at around 785,000, representing 12.1% of al SSI The number of noncitizens receiving SSI peaked in 1995 at around 785,000, representing 12.1% of al SSI
recipients. The number of noncitizen SSI recipients declined markedly in 1996 and 1997, following PRWORA’s recipients. The number of noncitizen SSI recipients declined markedly in 1996 and 1997, following PRWORA’s
enactment, rebounded slightly from 1998 through 2002, and then began a period of decline through 2019. In enactment, rebounded slightly from 1998 through 2002, and then began a period of decline through 2019. In
December 2019, noncitizens comprised 13.8% of SSI recipients aged 65 or older, 2.4% of SSI recipients aged 18 December 2019, noncitizens comprised 13.8% of SSI recipients aged 65 or older, 2.4% of SSI recipients aged 18
to 64to 64, and 0.3% of SSI recipients under age 18. and 0.3% of SSI recipients under age 18.


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Contents
Introduction ................................................................................................................... 1
Overview of SSI ........................................................................................................ 1
Noncitizens and Immigration Categories ....................................................................... 2
Laws Governing Noncitizen Eligibility............................................................................... 5
Title XVI of the Social Security Act ............................................................................. 5
Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of
1996 (PRWORA) .................................................................................................... 6
How These Two Laws Interact..................................................................................... 6
Restrictions on Noncitizen Eligibility ................................................................................. 7
Qualified Alien.......................................................................................................... 7
Exception Conditions for Qualified Aliens under SSI ...................................................... 8
40 Qualifying-Quarters Requirement for LPRs ....................................................... 10
Time-Limited Eligibility for Certain Humanitarian Groups (Seven-Year Limit)............ 11
Five-Year Bar on Eligibility for Certain Qualified Aliens ............................................... 12
SSI Eligibility by Immigration Category ..................................................................... 13
Sponsor Deeming and Reimbursement ............................................................................. 14
Affidavit of Support and Immigrant Sponsors .............................................................. 14
Sponsor Deeming .................................................................................................... 15
Sponsor Reimbursement ........................................................................................... 17
Recent Administrative Actions................................................................................... 17

Public Charge ............................................................................................................... 18
Data ............................................................................................................................ 1918
Characteristics of Current SSI Recipients .................................................................... 1918
Trends ................................................................................................................... 20

Figures
Figure 1. Noncitizens Receiving SSI, by Age Group, 1982-2019 .......................................... 22
Figure 2. Applications for SSI by Noncitizens, by Age Group, 1982-2019.............................. 23
Figure 3. SSI Awards to Noncitizens, by Age Group, 1994-2019 .......................................... 2423

Tables
Table 1. SSI Eligibility by Immigration Category ............................................................... 13
Table 2. Characteristics of Noncitizens Receiving SSI Payments, December 2019................... 19

Appendixes
Appendix. Selected Resources on Noncitizen Eligibility for SSI........................................... 2524

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link to page link to page 3130 Noncitizen Eligibility for Supplemental Security Income (SSI)

Contacts
Author Information ....................................................................................................... 2625

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Noncitizen Eligibility for Supplemental Security Income (SSI)

Introduction
The Supplemental Security Income (SSI) program provides cash assistance to aged, blind, or The Supplemental Security Income (SSI) program provides cash assistance to aged, blind, or
disabled individuals who have limited financial means. The availability of SSI for noncitizens disabled individuals who have limited financial means. The availability of SSI for noncitizens
depends on the noncitizen’s immigration status as wel as certain other factors.1 The specific depends on the noncitizen’s immigration status as wel as certain other factors.1 The specific
conditions under which noncitizens may be eligible for SSI are complex and general y differ from conditions under which noncitizens may be eligible for SSI are complex and general y differ from
those applicable to other federal programs. To assist lawmakers in understanding the landscape of those applicable to other federal programs. To assist lawmakers in understanding the landscape of
noncitizens’ access to federal public benefits, this report examines noncitizen eligibility for SSI. noncitizens’ access to federal public benefits, this report examines noncitizen eligibility for SSI.
The report begins by providing an overview of SSI and the immigration categories under which The report begins by providing an overview of SSI and the immigration categories under which
noncitizens are often classified for purposes of federal public benefits. Next, it examines the noncitizens are often classified for purposes of federal public benefits. Next, it examines the
federal laws governing noncitizen eligibility for SSI, as wel as the specific eligibility federal laws governing noncitizen eligibility for SSI, as wel as the specific eligibility
requirements that noncitizens must meet to qualify for the program. Lastly, the report provides requirements that noncitizens must meet to qualify for the program. Lastly, the report provides
data and historical trends on noncitizens who apply for or receive SSI. data and historical trends on noncitizens who apply for or receive SSI.
Overview of SSI
As noted, SSI is a federal assistance program that provides monthly cash payments to aged, blind, As noted, SSI is a federal assistance program that provides monthly cash payments to aged, blind,
or disabled individuals who have limited income and resources (i.e., assets).2 The program is or disabled individuals who have limited income and resources (i.e., assets).2 The program is
intended to provide a minimum level of income to adults who have difficulty meeting their basic intended to provide a minimum level of income to adults who have difficulty meeting their basic
living expenses due to age or disability and who have little or no Social Security or other income. living expenses due to age or disability and who have little or no Social Security or other income.
It is also designed to supplement the support and maintenance of needy children with severe It is also designed to supplement the support and maintenance of needy children with severe
disabilities. SSI is commonly known as a program of “last resort” because individuals must first disabilities. SSI is commonly known as a program of “last resort” because individuals must first
apply for most other benefits for which they may be eligible. Cash assistance is provided only to apply for most other benefits for which they may be eligible. Cash assistance is provided only to
those whose income and resources are within prescribed limits (i.e., the program is those whose income and resources are within prescribed limits (i.e., the program is means tested). ).
Some states supplement SSI payments with state funds. In most states, SSI recipients are Some states supplement SSI payments with state funds. In most states, SSI recipients are
automatical y eligible for Medicaid. automatical y eligible for Medicaid.
To qualify for SSI, a person must (1) be To qualify for SSI, a person must (1) be aged, blind, or disabled as defined in Title XVI of the as defined in Title XVI of the
Social Security Act, (2) have limited income and resources, and (3) meet certain other Social Security Act, (2) have limited income and resources, and (3) meet certain other
requirements. requirements. Aged refers to individuals aged 65 or older. refers to individuals aged 65 or older. Blind refers to individuals of any age refers to individuals of any age
who have 20/200 or less vision in the better eye with the use of a correcting lens or tunnel vision who have 20/200 or less vision in the better eye with the use of a correcting lens or tunnel vision
of 20 degrees or less. For adults, of 20 degrees or less. For adults, disabled refers to the inability to perform substantial gainful refers to the inability to perform substantial gainful
activity due to any medical y determinable physical or mental impairment that is expected to last activity due to any medical y determinable physical or mental impairment that is expected to last
for at least one year or result in death. For children, for at least one year or result in death. For children, disabled refers to a medical y determinable refers to a medical y determinable
physical or mental impairment that causes marked and severe functional limitations in age-physical or mental impairment that causes marked and severe functional limitations in age-
appropriate childhood activities appropriate childhood activities and that is expected to last for at least one year or result in death. and that is expected to last for at least one year or result in death.
To be financial y eligible for SSI, a person’s countable income and resources—gross income and To be financial y eligible for SSI, a person’s countable income and resources—gross income and
resources minus applicable exclusions—must be within certain limits. The countable income limit resources minus applicable exclusions—must be within certain limits. The countable income limit
is equal to the is equal to the federal benefit rate (FBR), which is the maximum monthly SSI payment available (FBR), which is the maximum monthly SSI payment available
under the program. In 2021, the FBR is $794 per month for an individual and $1,191 per month under the program. In 2021, the FBR is $794 per month for an individual and $1,191 per month

1 T hroughout this report, the terms 1 T hroughout this report, the terms noncitizens, , foreign nationals, and , and aliens are used interchangeably. Federal are used interchangeably. Federal
immigration law uses the term immigration law uses the term alien, defined by the Immigration and Nationality Act (INA), to mean persons who are , defined by the Immigration and Nationality Act (INA), to mean persons who are
not U.S. citizens or U.S. nationals (e.g., persons born in certain U.S. territories, suchnot U.S. citizens or U.S. nationals (e.g., persons born in certain U.S. territories, such as American Samoa). For the as American Samoa). For the
purposes of this report, the term U.S. citizen includes U.S. nationals.purposes of this report, the term U.S. citizen includes U.S. nationals.
2 For more information on Supplemental Security Income (SSI), see CRS In Focus IF10482, 2 For more information on Supplemental Security Income (SSI), see CRS In Focus IF10482, Supplemental Security
Incom e (SSI)
, and CRS Report R44948, , and CRS Report R44948, Social Security Disability Insurance (SSDI) and Supplemental Security Income
(SSI): Eligibility, Benefits, and Financing
. .
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for a couple if both members are SSI eligible.3 Countable income is subtracted from the FBR on a for a couple if both members are SSI eligible.3 Countable income is subtracted from the FBR on a
dollar-for-dollar basis in determining SSI eligibility and the amount of the payment (if any).4 The dollar-for-dollar basis in determining SSI eligibility and the amount of the payment (if any).4 The
countable resource limit is $2,000 for an individual countable resource limit is $2,000 for an individual and $3,000 for a couple.5 and $3,000 for a couple.5
In addition to the categorical and financial requirements, a person must be a resident of the 50 In addition to the categorical and financial requirements, a person must be a resident of the 50
states, the District of Columbia, or the Northern Mariana Islands to qualify for the program.6 states, the District of Columbia, or the Northern Mariana Islands to qualify for the program.6
Residents of public institutions (such as jails or prisons) are general y ineligible for SSI. Residents of public institutions (such as jails or prisons) are general y ineligible for SSI.
Moreover, a person must meet certain living arrangement, citizenship/immigration, and other Moreover, a person must meet certain living arrangement, citizenship/immigration, and other
requirements to qualify for the program. requirements to qualify for the program.
SSI is administered by the Social Security Administration (SSA) but is not part of the Old-Age, SSI is administered by the Social Security Administration (SSA) but is not part of the Old-Age,
Survivors, and Disability Insurance program, commonly known as Social Security.7 SSI Survivors, and Disability Insurance program, commonly known as Social Security.7 SSI
eligibility is based on financial need, and the program is funded by general revenues. In contrast, eligibility is based on financial need, and the program is funded by general revenues. In contrast,
Social Security eligibility is based on work or familial-relationship requirements and the program Social Security eligibility is based on work or familial-relationship requirements and the program
is funded primarily by payroll taxes. However, individuals with low Social Security benefits may is funded primarily by payroll taxes. However, individuals with low Social Security benefits may
be eligible for SSI if they meet applicable program requirements. be eligible for SSI if they meet applicable program requirements.
In December 2020, SSI provided nearly $4.8 bil ion in In December 2020, SSI provided nearly $4.8 bil ion in federal y administered payments to federal y administered payments to
approximately 8.0 mil ion recipients.8 About one-third of al SSI recipients that month also approximately 8.0 mil ion recipients.8 About one-third of al SSI recipients that month also
received Social Security benefits.9 received Social Security benefits.9
Noncitizens and Immigration Categories
Noncitizen eligibility for public benefits, including SSI, varies across categories of immigrants. Noncitizen eligibility for public benefits, including SSI, varies across categories of immigrants.
Although the universe of immigration categories is vast, this report focuses on the following Although the universe of immigration categories is vast, this report focuses on the following
categories, in alphabetical order, which are frequently of interest to lawmakers in examining categories, in alphabetical order, which are frequently of interest to lawmakers in examining
noncitizen eligibility for public benefits: noncitizen eligibility for public benefits:
  American Indian noncitizens refers to individuals who belong to a federal y noncitizens refers to individuals who belong to a federal y
recognized tribe10 or who were born in Canada and have the right to cross the recognized tribe10 or who were born in Canada and have the right to cross the
Canadian-U.S. border unhindered (so-cal ed Canadian-U.S. border unhindered (so-cal ed Jay Treaty Indians).11 Indians).11
  Amerasian immigrants are children born in certain Asian countries from 1950-immigrants are children born in certain Asian countries from 1950-
1982, who were fathered by U.S. citizens (colloquial y referred to as 1982, who were fathered by U.S. citizens (colloquial y referred to as war babies
or or G.I. babies).12 ).12

3 Social Security Administration (SSA), Office of the Chief Actuary (OCACT ), “ SSI Federal Payment Amounts,” at 3 Social Security Administration (SSA), Office of the Chief Actuary (OCACT ), “ SSI Federal Payment Amounts,” at
https://www.ssa.gov/oact/cola/SSIamts.html https://www.ssa.gov/oact/cola/SSIamts.html
4 In counting income, SSI excludes the first $20 per month of any income (earned or unearned), as well as the first $65 4 In counting income, SSI excludes the first $20 per month of any income (earned or unearned), as well as the first $65
per month of earned income plus one-half of any earned income in excess of $65 per month. per month of earned income plus one-half of any earned income in excess of $65 per month.
5 In counting resources, SSI excludes the value of one’s house, car, and household goods and 5 In counting resources, SSI excludes the value of one’s house, car, and household goods and perso nalpersonal effects. effects.
6 SSI is not available to residents of Puerto Rico, Guam, the Virgin Islands, or American Samoa, regardless of their 6 SSI is not available to residents of Puerto Rico, Guam, the Virgin Islands, or American Samoa, regardless of their
citizenship or immigration status. citizenship or immigration status.
7 See CRS In Focus IF10426, 7 See CRS In Focus IF10426, Social Security Overview; and CRS Report R42035, and CRS Report R42035, Social Security Primer. .
8 SSA, “Monthly Statistical Snapshot, December 2020,” January 2021, T able 3, at https://www.ssa.gov/policy/docs/8 SSA, “Monthly Statistical Snapshot, December 2020,” January 2021, T able 3, at https://www.ssa.gov/policy/docs/
quickfacts/stat_snapshot/. quickfacts/stat_snapshot/.
9 Ibid., T able 1. 9 Ibid., T able 1.
10 As defined in 25 U.S.C. §5304(e). 10 As defined in 25 U.S.C. §5304(e).
11 8 U.S.C. §1359. For more information on Jay T reaty Indians, see U.S. Embassy and Consulates in Canada, 11 8 U.S.C. §1359. For more information on Jay T reaty Indians, see U.S. Embassy and Consulates in Canada, First
Nations and Native Am ericans
, at https://ca.usembassy.gov/visas/first-nations-and-native-americans/. , at https://ca.usembassy.gov/visas/first-nations-and-native-americans/.
12 More specifically, this term refers to Amerasians admitted as immigrants (i.e., lawful permanent residents [LPRs]) 12 More specifically, this term refers to Amerasians admitted as immigrants (i.e., lawful permanent residents [LPRs])
who were born in Korea, Vietnam, Laos, Kampuchea, or T hailand after December 31, 1950, and before October 22, who were born in Korea, Vietnam, Laos, Kampuchea, or T hailand after December 31, 1950, and before October 22,
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Noncitizen Eligibility for Supplemental Security Income (SSI)

  Certain abused spouses and children refers to certain foreign nationals who refers to certain foreign nationals who
have been abused (i.e., subject to battery or extreme cruelty) in the United States have been abused (i.e., subject to battery or extreme cruelty) in the United States
by a spouse or other household member, foreign nationals whose children have by a spouse or other household member, foreign nationals whose children have
been abused, and foreign nationalsbeen abused, and foreign nationals children whose parent has been abused. In children whose parent has been abused. In
these cases, the foreign national must have been approved for, or have pending, these cases, the foreign national must have been approved for, or have pending,
an application with a prima facie case for immigration preference as a spouse or an application with a prima facie case for immigration preference as a spouse or
child or cancel ation of removal (e.g., Violence Against Women Act [VAWA] child or cancel ation of removal (e.g., Violence Against Women Act [VAWA]
Self-Petitioners). Self-Petitioners).
  Cuban-Haitian Entrants are foreign nationals admitted into the United States are foreign nationals admitted into the United States
for humanitarian reasons.13 for humanitarian reasons.13
  Deferred Action for Childhood Arrivals (DACA) recipients are unauthorized recipients are unauthorized
childhood arrivals who have been granted renewable two-year protection from childhood arrivals who have been granted renewable two-year protection from
removal.14 removal.14
  Freely Associated States (FAS) migrants are citizens of the Marshal Islands, are citizens of the Marshal Islands,
Micronesia, or Palau. They are permitted to live in the United States indefinitely Micronesia, or Palau. They are permitted to live in the United States indefinitely
under the terms of those nations’ Compacts of Free Association with the United under the terms of those nations’ Compacts of Free Association with the United
States.15 States.15
  Iraqi and Afghan special immigrants are certain Iraqi and Afghan nationals are certain Iraqi and Afghan nationals
who worked as translators or interpreters, or who were employed by, or on behalf who worked as translators or interpreters, or who were employed by, or on behalf
of, the U.S. government in Iraq or Afghanistan and were eligible for a of, the U.S. government in Iraq or Afghanistan and were eligible for a special
immigrant visa
(SIV), which enables them to become lawful permanent (SIV), which enables them to become lawful permanent
residents.16 residents.16
  Lawful permanent residents (LPRs) are foreign nationals permitted to live in are foreign nationals permitted to live in
the United States permanently (also referred to as the United States permanently (also referred to as green card holders).17 ).17

1982, and fathered by a U.S. citizen—as well as their spouses, children, and certain other immediate family members 1982, and fathered by a U.S. citizen—as well as their spouses, children, and certain other immediate family members
(8 C.F.R. §204.4). (8 C.F.R. §204.4).
13 T he term 13 T he term Cuban-Haitian Entrant is not defined in immigration law, but its usage dates back to 1980. Many of the is not defined in immigration law, but its usage dates back to 1980. Many of the
Cubans and the vast majority of the Haitians who arrived in South Florida during the 1980 Mariel Boatlift did not Cubans and the vast majority of the Haitians who arrived in South Florida during the 1980 Mariel Boatlift did not
qualify for asylum according to the individualized definition of persecution in 8 U.S.C. §§1157 -1158. T he Carter qualify for asylum according to the individualized definition of persecution in 8 U.S.C. §§1157 -1158. T he Carter
Administration labeled Cubans and Haitians as Cuban-Haitian Administration labeled Cubans and Haitians as Cuban-Haitian EntrantsEnt rants and used the discretionary parole authority of and used the discretionary parole authority of
the Attorney General to admit them to the United States. Subsequently, an adjustment of status provision was included the Attorney General to admit them to the United States. Subsequently, an adjustment of status provision was included
in the Immigration Reform and Control Act of 1986 (IRCA; P.L. 99-603, §202) that enabled the Cuban-Haitian in the Immigration Reform and Control Act of 1986 (IRCA; P.L. 99-603, §202) that enabled the Cuban-Haitian
Entrants who had arrived during the Mariel Boatlift to become LPRs. While not a term in immigration law, Congress Entrants who had arrived during the Mariel Boatlift to become LPRs. While not a term in immigration law, Congress
did define Cuban-Haitian Entrant in did define Cuban-Haitian Entrant in thet he context of eligibility for federal assistance in T itle V of the Refugee Education context of eligibility for federal assistance in T itle V of the Refugee Education
Assistance Act of 1980 (P.L. 96-422, as amended; 8 U.S.C. §1522 note). For more information, see U.S. Citizenship Assistance Act of 1980 (P.L. 96-422, as amended; 8 U.S.C. §1522 note). For more information, see U.S. Citizenship
and Immigration Services (USCIS), and Immigration Services (USCIS), Cuban Haitian Entrant Program (CHEP), atat https://www.uscis.gov/archive/https://www.uscis.gov/archive/
archive-news/cuban-haitian-entrant-program-chep. archive-news/cuban-haitian-entrant-program-chep.
14 For more information, see CRS Report R45995, 14 For more information, see CRS Report R45995, Unauthorized Childhood Arrivals, DACA, and Related Legislation . .
15 For background information on Freely Associated States (FAS) migrants, see CRS Congressional Distribution 15 For background information on Freely Associated States (FAS) migrants, see CRS Congressional Distribution
Memorandum, Memorandum, Sum m ary of S. 2218, the Covering Our FAS Allies Act, as introduced (available to congressional clients (available to congressional clients
upon request). For background informationupon request). For background information on the compacts, see CRS Report RL31737, on the compacts, see CRS Report RL31737, The Marshall Islands and
Micronesia: Am endm ents to the Com pact of Free Association with the United States
. .
16 For more information, see CRS Report R43725, 16 For more information, see CRS Report R43725, Iraqi and Afghan Special Immigrant Visa Programs. .
17 For more information, see CRS Report R42866, 17 For more information, see CRS Report R42866, Permanent Legal Immigration to the United States: Policy
Overview
. Please note that the Social Security Administration (SSA) refers to LPRs as aliens . Please note that the Social Security Administration (SSA) refers to LPRs as aliens lawfully adm itted for
perm anent residence
(LAPR). (LAPR).
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  Nonimmigrants are foreign nationals admitted to stay in the United States on a are foreign nationals admitted to stay in the United States on a
temporary basis and for a specific purpose (e.g., tourists, students; diplomats; temporary basis and for a specific purpose (e.g., tourists, students; diplomats;
temporary workers).18 temporary workers).18
  Parolees are foreign nationals granted permission to enter or remain temporarily are foreign nationals granted permission to enter or remain temporarily
in the United States for urgent humanitarian reasons or significant public benefit. in the United States for urgent humanitarian reasons or significant public benefit.
Immigration parole is granted on a case-by-case basis.19 Immigration parole is granted on a case-by-case basis.19
  Refugees20 and 20 and asylees21 are foreign nationals fleeing their countries because of 21 are foreign nationals fleeing their countries because of
persecution, or a wel -founded fear of persecution, on account of race, religion, persecution, or a wel -founded fear of persecution, on account of race, religion,
nationality, membership in a particular social group, or political opinion. They nationality, membership in a particular social group, or political opinion. They
are permitted to live in the United States indefinitely. After one year in these are permitted to live in the United States indefinitely. After one year in these
statuses, they may apply to adjust their immigration status to become LPRs.22 statuses, they may apply to adjust their immigration status to become LPRs.22
  Temporary Protected Status (TPS) holders are foreign nationals who have been holders are foreign nationals who have been
granted temporary relief from removal due to armed conflict, natural disaster, or granted temporary relief from removal due to armed conflict, natural disaster, or
other extraordinary circumstances in their home countries that prevent their safe other extraordinary circumstances in their home countries that prevent their safe
return.23 return.23
  Unauthorized immigrants (sometimes referred to as (sometimes referred to as undocumented immigrants) immigrants)
are foreign nationals who enter without inspection, enter with fraudulent are foreign nationals who enter without inspection, enter with fraudulent
documents, or enter legal y but overstay the terms of their temporary stay.documents, or enter legal y but overstay the terms of their temporary stay.
  Victims of Trafficking2424 and their families who have received a T nonimmigrant and their families who have received a T nonimmigrant
status are foreign nationals who can live in the United States for up to four status are foreign nationals who can live in the United States for up to four
years;25 they may apply for LPR status after three years.years;25 they may apply for LPR status after three years.
 Certain foreign nationals present in the United States are granted  Certain foreign nationals present in the United States are granted withholding of
removal26 based on persecution on account of race, religion, nationality, 26 based on persecution on account of race, religion, nationality,
membership in a particular social group, or political opinion. Withholding of membership in a particular social group, or political opinion. Withholding of
removal provides protection from removal. 27 removal provides protection from removal. 27
Please note that this list does not capture every type of immigration status, nor does it indicate Please note that this list does not capture every type of immigration status, nor does it indicate
whether members of a particular immigration category are potential y eligible for SSI. The list whether members of a particular immigration category are potential y eligible for SSI. The list
represents the universe of noncitizens discussed in this report and wil be re-examined later (see represents the universe of noncitizens discussed in this report and wil be re-examined later (see
Table 1) after a discussion of the laws and requirements governing noncitizen eligibility for SSI. after a discussion of the laws and requirements governing noncitizen eligibility for SSI.

18 For more information, see CRS Report R45040, 18 For more information, see CRS Report R45040, Immigration: Nonimmigrant (Temporary) Admissions to the United
States
. .
19 8 U.S.C. §1182(d)(5). For more information, see CRS Report R46570, 19 8 U.S.C. §1182(d)(5). For more information, see CRS Report R46570, Immigration Parole. .
20 For more information, see CRS Report RL31269, 20 For more information, see CRS Report RL31269, Refugee Admissions and Resettlement Policy. .
21 For more information, see CRS Report R45539, 21 For more information, see CRS Report R45539, Immigration: U.S. Asylum Policy. .
22 Applying for an 22 Applying for an adjustment of status refers to the process of applying for LPR status (i.e., a green card) from within refers to the process of applying for LPR status (i.e., a green card) from within
the United States (as opposed to applying for an immigrant visa from a U.S. embassy or consulate abroad). the United States (as opposed to applying for an immigrant visa from a U.S. embassy or consulate abroad).
23 For more information, see CRS Report RS20844, 23 For more information, see CRS Report RS20844, Temporary Protected Status: Overview and Current Issues and Deferred Enforced Departure. .
24 22 U.S.C. §§7101 et seq. 24 22 U.S.C. §§7101 et seq.
25 Victims of trafficking who have not received a T visa25 Victims of trafficking who have not received a T visa, but but who have received a Continued Presence document from the have received a Continued Presence document from the
Department of Homeland Security (granted in order to help law enforcement prosecute human traffickers)Department of Homeland Security (granted in order to help law enforcement prosecute human traffickers), may also may also
remain in the United remain in the United St atesStates. U.S. Department of Homeland Security (DHS),. U.S. Department of Homeland Security (DHS), Continued Presence: Tem porary
Im m igration Status for Victim s of Hum an Trafficking
, at https://www.dhs.gov/blue-campaign/materials/pamphlet -, at https://www.dhs.gov/blue-campaign/materials/pamphlet -
continued-presence. continued-presence.
26 8 U.S.C. §1231. 26 8 U.S.C. §1231.
27 For more information, see CRS Report R45993, 27 For more information, see CRS Report R45993, Legalization Framework Under the Immigration and Nationality Act
(INA)
. .
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Laws Governing Noncitizen Eligibility
To qualify for SSI, noncitizens must meet the program’s basic eligibility requirements as wel as To qualify for SSI, noncitizens must meet the program’s basic eligibility requirements as wel as
additional eligibility requirements that apply only to noncitizens (i.e., additional eligibility requirements that apply only to noncitizens (i.e., noncitizen eligibility
requirements
). Many noncitizen eligibility requirements are designed to limit the ability of certain ). Many noncitizen eligibility requirements are designed to limit the ability of certain
noncitizens to participate in SSI based on their immigration status and noncitizens to participate in SSI based on their immigration status and certainc ertain other factors and, other factors and,
as such, are often referred to as as such, are often referred to as restrictions on noncitizen eligibility. However, some of these . However, some of these
requirements are intended to limit financial eligibility or the level/type of assistance for requirements are intended to limit financial eligibility or the level/type of assistance for
noncitizens who have an immigration sponsor—an individual who accepts legal responsibility for noncitizens who have an immigration sponsor—an individual who accepts legal responsibility for
financial yfinancial y supporting the sponsored immigrant (seesupporting the sponsored immigrant (see “Sponsor Deeming and Reimbursement” for ” for
more information). more information).
Noncitizen eligibility for SSI is governed largely by two federal laws: (1) Title XVI of the Social Noncitizen eligibility for SSI is governed largely by two federal laws: (1) Title XVI of the Social
Security Act28 and (2) Title IV of the Personal Responsibility and Work Opportunity Security Act28 and (2) Title IV of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (PRWORA; P.L. 104-193, as amended), also known as the Reconciliation Act of 1996 (PRWORA; P.L. 104-193, as amended), also known as the 1996
welfare reform law
.29 This section provides a basic overview of the noncitizen eligibility .29 This section provides a basic overview of the noncitizen eligibility
requirements under these laws and discusses how the two laws interact. requirements under these laws and discusses how the two laws interact.
Title XVI of the Social Security Act
Since SSI’s enactment in 1972, the program has imposed restrictions on noncitizen eligibility.30 Since SSI’s enactment in 1972, the program has imposed restrictions on noncitizen eligibility.30
Section 1614(a)(1)(B) of the Social Security Act limits eligibility for SSI to U.S. citizens, LPRs, Section 1614(a)(1)(B) of the Social Security Act limits eligibility for SSI to U.S. citizens, LPRs,
and aliens otherwise and aliens otherwise permanently residing under color of law (PRUCOL) in the United States, a (PRUCOL) in the United States, a
broad term that encompasses a number of different immigration categories.31 broad term that encompasses a number of different immigration categories.31
In 1980, lawmakers established provisions to limit SSI financial eligibility for noncitizens who In 1980, lawmakers established provisions to limit SSI financial eligibility for noncitizens who
have an immigration sponsor.32 Sections 1614(f)(3) and 1621 of the Social Security Act require have an immigration sponsor.32 Sections 1614(f)(3) and 1621 of the Social Security Act require
SSA to count a portion of the income and resources of a noncitizen’s sponsor and the sponsor’s SSA to count a portion of the income and resources of a noncitizen’s sponsor and the sponsor’s
spouse (if any) in determining the noncitizen’s financial eligibility for the program and the spouse (if any) in determining the noncitizen’s financial eligibility for the program and the
amount of the payment (if any).33 This process, known as amount of the payment (if any).33 This process, known as sponsor deeming, applies for a three-, applies for a three-
year period after entry/grant of status.34 year period after entry/grant of status.34

28 42 U.S.C. §§1381 et seq. 28 42 U.S.C. §§1381 et seq.
29 8 U.S.C. §§1601 et seq. 29 8 U.S.C. §§1601 et seq.
30 P.L. 92-603, T itle III. For a history of restrictions on noncitizen eligibility for SSI, see T homas M. Parrott, Lenna D. 30 P.L. 92-603, T itle III. For a history of restrictions on noncitizen eligibility for SSI, see T homas M. Parrott, Lenna D.
Kennedy, and Charles G. Scott, “Kennedy, and Charles G. Scott, “ Noncitizens and the Supplemental Security Income Program,” Noncitizens and the Supplemental Security Income Program,” Social Security
Bulletin
, vol. 61, no. 4, October 1998, at https://www.ssa.gov/policy/docs/ssb/v61n4/v61n4p3.pdf. , vol. 61, no. 4, October 1998, at https://www.ssa.gov/policy/docs/ssb/v61n4/v61n4p3.pdf.
31 42 U.S.C. §1382c(a)(1)(B). See also 20 C.F.R. §§416.202(b), 416.1610, 416.1615, and 416.1618, as well as SSA, 31 42 U.S.C. §1382c(a)(1)(B). See also 20 C.F.R. §§416.202(b), 416.1610, 416.1615, and 416.1618, as well as SSA,
Program Operations Manual System (POMS), “ SI 00501.420 Permanent Residence under Color of Law (PRUCOL) Program Operations Manual System (POMS), “ SI 00501.420 Permanent Residence under Color of Law (PRUCOL)
Pre-1996 Legislation,” May 25, 2012, at https://secure.ssa.gov/poms.nsf/lnx/0500501420. Initially, the PRUCOL Pre-1996 Legislation,” May 25, 2012, at https://secure.ssa.gov/poms.nsf/lnx/0500501420. Initially, the PRUCOL
standard was limited to certain refugees and parolees; however, subsequent agency interpretation and court decisions standard was limited to certain refugees and parolees; however, subsequent agency interpretation and court decisions
eventually expanded the standard to include more than a dozen different immigration categories (e.g., asylees, Cuban-eventually expanded the standard to include more than a dozen different immigration categories (e.g., asylees, Cuban-
Haitian Entrants). T he PRUCOL standard does not include T PS holders, nonimmigrants, or unauthorized immigrants. Haitian Entrants). T he PRUCOL standard does not include T PS holders, nonimmigrants, or unauthorized immigrants.
32 P.L. 96-265 §504. 32 P.L. 96-265 §504.
33 42 U.S.C. §§1382c(f)(3) and 1382j. 33 42 U.S.C. §§1382c(f)(3) and 1382j.
34 For a history of SSI’s sponsor deeming provisions, see T homas M. Parrott, Lenna D. Kennedy, and Charles G. Scott, 34 For a history of SSI’s sponsor deeming provisions, see T homas M. Parrott, Lenna D. Kennedy, and Charles G. Scott,
“Noncitizens and the Supplemental Security Income Program,” “Noncitizens and the Supplemental Security Income Program,” Social Security Bulletin, vol. 61, no. 4, October 1998, , vol. 61, no. 4, October 1998,
at https://www.ssa.gov/policy/docs/ssb/v61n4/v61n4p3.pdf. at https://www.ssa.gov/policy/docs/ssb/v61n4/v61n4p3.pdf.
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Title IV of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (PRWORA)
Title IV of PRWORA was designed to create a “national policy with respect to welfare and Title IV of PRWORA was designed to create a “national policy with respect to welfare and
immigration.”35 Enacted on August 22, 1996, PRWORA amended immigration law to establish an immigration.”35 Enacted on August 22, 1996, PRWORA amended immigration law to establish an
overarching set of noncitizen eligibility requirements for most federal public benefits. Subsequent overarching set of noncitizen eligibility requirements for most federal public benefits. Subsequent
amendments from 1996 through 1998 modified PRWORA’s requirements to form the basic amendments from 1996 through 1998 modified PRWORA’s requirements to form the basic
framework that applies today.36 While PRWORA created blanket noncitizen eligibility framework that applies today.36 While PRWORA created blanket noncitizen eligibility
requirements, noncitizen eligibility is not uniform across federal public benefit programs because requirements, noncitizen eligibility is not uniform across federal public benefit programs because
PRWORA interacts with other laws, regulations, and guidance that govern each individual PRWORA interacts with other laws, regulations, and guidance that govern each individual
program. program.
PRWORA defines PRWORA defines federal public benefit to include “any retirement, welfare, health, disability ... to include “any retirement, welfare, health, disability ...
or any other similar benefit for which payments or assistance are provided to an individual, 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 household, or family eligibility unit by an agency of the United States or by appropriated funds of
the United States.” 37 PRWORA exempts certain types of programs, usual y thought of as the United States.” 37 PRWORA exempts certain types of programs, usual y thought of as
emergency programs, from its noncitizen eligibility requirements.38 Because SSI provides means- emergency programs, from its noncitizen eligibility requirements.38 Because SSI provides means-
tested cash payments on the basis of age or disability, it is included in the definition of federal tested cash payments on the basis of age or disability, it is included in the definition of federal
public benefit. public benefit.
PRWORA explicitly states that aliens, unless they are PRWORA explicitly states that aliens, unless they are qualified aliensqualified aliens (see the (see the “Qualified Alien”
section), are ineligible for federal public benefits. In addition, PRWORAsection), are ineligible for federal public benefits. In addition, PRWORA places a number of places a number of
additional restrictions on qualified aliens’ eligibility for certain federal means-tested public additional restrictions on qualified aliens’ eligibility for certain federal means-tested public
benefits (FMTPBs), including SSI. Furthermore, PRWORA specifies that sponsor deeming benefits (FMTPBs), including SSI. Furthermore, PRWORA specifies that sponsor deeming
applies to most noncitizens subject to sponsorship until they naturalizeapplies to most noncitizens subject to sponsorship until they naturalize (i.e., become U.S. (i.e., become U.S.
citizens) or meet certain work-history requirements. citizens) or meet certain work-history requirements.
How These Two Laws Interact
Title IV of PRWORA provides that its noncitizen eligibility requirements apply “notwithstanding Title IV of PRWORA provides that its noncitizen eligibility requirements apply “notwithstanding
any other provision of law.”39 Although the implications of this provision are not always clear, in any other provision of law.”39 Although the implications of this provision are not always clear, in
the case of SSI, it is wel established that PRWORA’s noncitizen eligibility requirements the case of SSI, it is wel established that PRWORA’s noncitizen eligibility requirements
effectively override those under Title XVI of the Social Security Act.40 As a result, noncitizen effectively override those under Title XVI of the Social Security Act.40 As a result, noncitizen
eligibility for SSI is governed by PRWORA in most cases.41 However, PRWORA exempts limited eligibility for SSI is governed by PRWORA in most cases.41 However, PRWORA exempts limited

35 8 U.S.C. §1601. 35 8 U.S.C. §1601.
36 T itle V of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( IIRIRA; P.L. 104-208, 36 T itle V of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( IIRIRA; P.L. 104-208,
Division C), T itle V of the Balanced Budget Act of 1997 (BBA 97; P.L. 105-33), and the Noncitizen Benefit Division C), T itle V of the Balanced Budget Act of 1997 (BBA 97; P.L. 105-33), and the Noncitizen Benefit
Clarification and Other T echnical Amendments Act of 1998 ( P.L. 105-306). Clarification and Other T echnical Amendments Act of 1998 ( P.L. 105-306).
37 8 U.S.C. §1611(c)(1). 37 8 U.S.C. §1611(c)(1).
38 T his includes short-term, in-kind emergency disaster relief and services or assistance designated by the Attorney 38 T his includes short-term, in-kind emergency disaster relief and services or assistance designated by the Attorney
General as (1) delivering in-kind services at the community level, (2) providing assistance without individual General as (1) delivering in-kind services at the community level, (2) providing assistance without individual
determinations of each recipient’s needs, and (3) being necessary for the determinations of each recipient’s needs, and (3) being necessary for the protectionp rotection of life and safety. Aliens who do of life and safety. Aliens who do
not meet the definition of qualified aliens are eligible for these emergency programs. not meet the definition of qualified aliens are eligible for these emergency programs.
39 For more information on the legal framework governing T itle IV of PRWORA, see CRS Report R46510, 39 For more information on the legal framework governing T itle IV of PRWORA, see CRS Report R46510,
PRWORA’s Restrictions on Noncitizen Eligibility for Federal Public Benefits: Legal Issues. .
40 Ibid. 40 Ibid.
41 SSA, POMS, “ SI 00502.100 Basic SSI Alien Eligibility Requirements,” July 25, 2019, at https://secure.ssa.gov/41 SSA, POMS, “ SI 00502.100 Basic SSI Alien Eligibility Requirements,” July 25, 2019, at https://secure.ssa.gov/
apps10/poms.nsf/lnx/0500502100. apps10/poms.nsf/lnx/0500502100.
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groups of noncitizens from some or al of its noncitizen eligibility requirements. For these groups, groups of noncitizens from some or al of its noncitizen eligibility requirements. For these groups,
the noncitizen eligibility requirements under Title XVI of the Social Security Act may apply.42 the noncitizen eligibility requirements under Title XVI of the Social Security Act may apply.42
The next several sections of the report discuss PRWORA’s noncitizen eligibility requirements in The next several sections of the report discuss PRWORA’s noncitizen eligibility requirements in
more detail and note the limited instances in which the noncitizen eligibility requirements under more detail and note the limited instances in which the noncitizen eligibility requirements under
Title XVI of the Social Security Act apply. Title XVI of the Social Security Act apply.
Restrictions on Noncitizen Eligibility
PRWORA imposes a number of restrictions on noncitizen eligibility for SSI. These restrictions PRWORA imposes a number of restrictions on noncitizen eligibility for SSI. These restrictions
are structured to prohibit noncitizens from being eligible for SSI unlessare structured to prohibit noncitizens from being eligible for SSI unless they meet specified they meet specified
criteria. In general, noncitizens must meet the following requirements to be potential y eligible criteria. In general, noncitizens must meet the following requirements to be potential y eligible
for SSI: for SSI:
 be a qualified alien, and  be a qualified alien, and
 meet an exception condition (i.e., a set of additional requirements that permits  meet an exception condition (i.e., a set of additional requirements that permits
qualified aliens to overcome a general prohibition on eligibility for SSI). qualified aliens to overcome a general prohibition on eligibility for SSI).
In addition, LPRs must typical y satisfy a five-year waiting period requirement, known as the In addition, LPRs must typical y satisfy a five-year waiting period requirement, known as the
five-year bar, to be potential y eligible for SSI. , to be potential y eligible for SSI.
PRWORA exempts certain noncitizens from some or al of the aforementioned restrictions on PRWORA exempts certain noncitizens from some or al of the aforementioned restrictions on
noncitizen eligibility for SSI. noncitizen eligibility for SSI.
This section discusses PRWORA’s restrictions on noncitizen eligibility for SSI in more detail. This section discusses PRWORA’s restrictions on noncitizen eligibility for SSI in more detail.
Table 1 at the end of the section displays information on SSI eligibility for the immigration at the end of the section displays information on SSI eligibility for the immigration
categories discussed in the report (see categories discussed in the report (see “Noncitizens and Immigration Categories”)). .
Qualified Alien
PRWORA explicitly states that aliens, unless they arePRWORA explicitly states that aliens, unless they are qualified aliens,43qualified aliens,43 are ineligible for federal are ineligible for federal
public benefits.44 public benefits.44 Qualified aliens are LPRs,45 refugees,46 asylees,47 aliens paroled into the United are LPRs,45 refugees,46 asylees,47 aliens paroled into the United
States for at least one year,48 and aliens granted withholding of removal.49 The Il egal States for at least one year,48 and aliens granted withholding of removal.49 The Il egal
Immigration Reform and Immigrant Responsibility Act (IIRIRA; P.L. 104-208, Division C) Immigration Reform and Immigrant Responsibility Act (IIRIRA; P.L. 104-208, Division C)
added certain abused spouses and children (e.g., VAWA Self-Petitioners) as another class of added certain abused spouses and children (e.g., VAWA Self-Petitioners) as another class of
qualified aliens.50 The Balanced Budget Act of 1997 (BBA 97; P.L. 105-33) added Cuban-Haitian qualified aliens.50 The Balanced Budget Act of 1997 (BBA 97; P.L. 105-33) added Cuban-Haitian

42 Ibid. 42 Ibid.
43 PRWORA created the term 43 PRWORA created the term qualified alien, whichwhich did not previously exist in immigration law (8 U.S.C. §1641[b]). did not previously exist in immigration law (8 U.S.C. §1641[b]).
44 8 U.S.C. §1611(a). 44 8 U.S.C. §1611(a).
45 8 U.S.C. §1641(b)(1). 45 8 U.S.C. §1641(b)(1).
46 8 U.S.C. §1641(b)(3) and (6). For the purposes of this report, the term 46 8 U.S.C. §1641(b)(3) and (6). For the purposes of this report, the term refugee includes refugee-like aliens who includes refugee-like aliens who
arrived prior to 1980 and were granted arrived prior to 1980 and were granted conditional entry. For more information, see CRS Report R45539, . For more information, see CRS Report R45539, Im migration:
U.S. Asylum Policy
. .
47 8 U.S.C. §1641(b)(2). 47 8 U.S.C. §1641(b)(2).
48 8 U.S.C. §1641(b)(4). 48 8 U.S.C. §1641(b)(4).
49 8 U.S.C. §1641(b)(5). 49 8 U.S.C. §1641(b)(5).
50 Certain battered aliens are eligible for federal public benefits if they can demonstrate (in the 50 Certain battered aliens are eligible for federal public benefits if they can demonstrate (in the o pinionopinion of the agency of the agency
providing such benefits) that “ there is a substantial connection between such battery or cruelty and the need for the providing such benefits) that “ there is a substantial connection between such battery or cruelty and the need for the
benefits to be provided” (P.L. 104-193 §431(c)(1)(A); 8 U.S.C. §1641(c)). benefits to be provided” (P.L. 104-193 §431(c)(1)(A); 8 U.S.C. §1641(c)).
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Entrants.51 Qualified aliens are not automatical y eligible for federal benefit programs; they are Entrants.51 Qualified aliens are not automatical y eligible for federal benefit programs; they are
stil subject to al eligibility and availability restrictions of a program.52 stil subject to al eligibility and availability restrictions of a program.52
Subsequent to the enactment of PRWORA, lawmakers enacted the Victims of Trafficking and Subsequent to the enactment of PRWORA, lawmakers enacted the Victims of Trafficking and
Violence Protection Act of 2000 (P.L. 106-386). Although this law did not amend PRWORA, it Violence Protection Act of 2000 (P.L. 106-386). Although this law did not amend PRWORA, it
made victims of trafficking eligible for benefits and services “under any Federal or State made victims of trafficking eligible for benefits and services “under any Federal or State
program” to the same extent as refugees.53 As a result, victims of trafficking may be eligible for program” to the same extent as refugees.53 As a result, victims of trafficking may be eligible for
SSI. SSI.
Similarly, Iraqi and Afghan special immigrants are also treated like refugees for purposes of Similarly, Iraqi and Afghan special immigrants are also treated like refugees for purposes of
federal public benefits. The Refugee Crisis in Iraq Act of 2007 (P.L. 110-181, as amended), and federal public benefits. The Refugee Crisis in Iraq Act of 2007 (P.L. 110-181, as amended), and
the Afghan Al ies Protection Act of 2009 (P.L. 111-8, Division F, Title IV, as amended) enabled the Afghan Al ies Protection Act of 2009 (P.L. 111-8, Division F, Title IV, as amended) enabled
certain Iraqi and Afghan nationalscertain Iraqi and Afghan nationals to become eligible for a special immigrant visa (SIV) and to become eligible for a special immigrant visa (SIV) and
qualify for the same federal assistance available to refugees.54 Consequently, Iraqi and Afghan qualify for the same federal assistance available to refugees.54 Consequently, Iraqi and Afghan
special immigrants may be eligible for SSI. special immigrants may be eligible for SSI.
Nonqualified aliens are al other noncitizens, including nonimmigrants, DACA recipients, TPS are al other noncitizens, including nonimmigrants, DACA recipients, TPS
holders, short-term parolees, asylum applicants, and unauthorized immigrants. Nonqualified holders, short-term parolees, asylum applicants, and unauthorized immigrants. Nonqualified
aliens are ineligible for most federal public benefits. aliens are ineligible for most federal public benefits.
PRWORA exempts certain aliens from having to meet the qualified-alien requirement. PRWORA exempts certain aliens from having to meet the qualified-alien requirement.
Specifical y, certain American Indians,55 as wel as nonqualified aliens who were receiving SSI on Specifical y, certain American Indians,55 as wel as nonqualified aliens who were receiving SSI on
August 22, 1996 (i.e., the date of PRWORA’s enactment), are not subject to the qualified-alien August 22, 1996 (i.e., the date of PRWORA’s enactment), are not subject to the qualified-alien
requirement and thus may be eligible for SSI.56 However, nonqualified aliens who were receiving requirement and thus may be eligible for SSI.56 However, nonqualified aliens who were receiving
SSI on August 22, 1996, are required to meet the noncitizen eligibility requirements under Title SSI on August 22, 1996, are required to meet the noncitizen eligibility requirements under Title
XVI of the Social Security Act (including SSI’s PRUCOL standard) to remain eligible for the XVI of the Social Security Act (including SSI’s PRUCOL standard) to remain eligible for the
program.57 program.57
Exception Conditions for Qualified Aliens under SSI
PRWORA includes additional restrictions for certain federal public benefit programs.58 For SSI, PRWORA includes additional restrictions for certain federal public benefit programs.58 For SSI,
PRWORA specifies that qualified aliens are ineligible for the program unless they meet a listed PRWORA specifies that qualified aliens are ineligible for the program unless they meet a listed

51 8 U.S.C. §1641(b)(7). 51 8 U.S.C. §1641(b)(7).
52 Section 208(c) of Division CC of the Consolidated Appropriation Act, 2021 (P.L. 116-260) amended 8 U.S.C. §1641 52 Section 208(c) of Division CC of the Consolidated Appropriation Act, 2021 (P.L. 116-260) amended 8 U.S.C. §1641
to add FAS migrants to the list of qualified aliens for the purposes of Medicaid only. For more information, see CRS to add FAS migrants to the list of qualified aliens for the purposes of Medicaid only. For more information, see CRS
Congressional Distribution Memorandum, Congressional Distribution Memorandum, Sum m ary of S. 2218, the Covering Our FAS Allies Act, as introduced
(available to congressional clients upon request). (available to congressional clients upon request).
53 P.L. 106-386, §107; 22 U.S.C. §7105(b)(1)(A). 53 P.L. 106-386, §107; 22 U.S.C. §7105(b)(1)(A).
54 T his SIV was available for individuals who worked as translators or interpreters, or who were employed by, or on 54 T his SIV was available for individuals who worked as translators or interpreters, or who were employed by, or on
behalf of, the U.S. government in Iraq or Afghanistan . Iraqi special immigrants: P.L. 110-181, §1244(g); 8 U.S.C. behalf of, the U.S. government in Iraq or Afghanistan . Iraqi special immigrants: P.L. 110-181, §1244(g); 8 U.S.C.
§1157 note. Afghan special immigrants: P.L. 111-8, §602(b)(8); 8 U.S.C. §1101 note. Under current law, Iraqi and §1157 note. Afghan special immigrants: P.L. 111-8, §602(b)(8); 8 U.S.C. §1101 note. Under current law, Iraqi and
Afghan SIV recipients are eligible for resettlement assistance, entitlement programs, and other benefits on the same Afghan SIV recipients are eligible for resettlement assistance, entitlement programs, and other benefits on the same
basis as refugees. Initially, their eligibility was limited to eight months. However,basis as refugees. Initially, their eligibility was limited to eight months. However, P.L. 111-118 struck the eight -month P.L. 111-118 struck the eight -month
limit, enabling Iraqi and Afghan SIV recipients to qualify for federal support for the same duration as refugees. limit, enabling Iraqi and Afghan SIV recipients to qualify for federal support for the same duration as refugees.
55 T he exemption applies to American Indians born in Canada who are admitted to the United States under certain 55 T he exemption applies to American Indians born in Canada who are admitted to the United States under certain
conditions and American Indians who are members of certain federallyconditions and American Indians who are members of certain federally -recognized tribes (8 U.S.C. §§1612(a)(2)(G) -recognized tribes (8 U.S.C. §§1612(a)(2)(G)
and 1613(d)(1)). and 1613(d)(1)).
56 8 U.S.C. §1611(b)(5). 56 8 U.S.C. §1611(b)(5).
57 SSA, POMS, “ SI 00502.153 SSI Eligibility for Nonqualified Aliens Who Were Receiving SSI on 8/22/96 —1998 57 SSA, POMS, “ SI 00502.153 SSI Eligibility for Nonqualified Aliens Who Were Receiving SSI on 8/22/96 —1998
Grandfathering Legislation,” July 25, 2019, at https://secure.ssa.gov/apps10/poms.nsf/lnx/0500502153. Grandfathering Legislation,” July 25, 2019, at https://secure.ssa.gov/apps10/poms.nsf/lnx/0500502153.
58 8 U.S.C. §1612. T he other programs subject to additional eligibility requirements are the Supplemental Nutrition 58 8 U.S.C. §1612. T he other programs subject to additional eligibility requirements are the Supplemental Nutrition
Assistance Program (SNAP; formerly the Food Stamp Program), T emporary Assistance for Needy Families (T ANF), Assistance Program (SNAP; formerly the Food Stamp Program), T emporary Assistance for Needy Families (T ANF),
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exception, also known as an exception, also known as an exception condition. In some cases, the exception condition consists . In some cases, the exception condition consists
of a specific immigration category and an additional eligibility requirement. In other cases, the of a specific immigration category and an additional eligibility requirement. In other cases, the
exception condition consists of a certain status that is not based on a particular immigration exception condition consists of a certain status that is not based on a particular immigration
category. Below is a list of exception conditions under which qualified aliens may be eligible for category. Below is a list of exception conditions under which qualified aliens may be eligible for
SSI: SSI:
 LPRs with 40 qualifying quarters of work (see  LPRs with 40 qualifying quarters of work (see “40 Qualifying-Quarters
Requirement for LPRs” for more information);59 for more information);59
 qualified aliens who are lawfully residing in the United States and have a  qualified aliens who are lawfully residing in the United States and have a military
connection (i.e., the qualified (i.e., the qualified alien is [1] an honorably discharged veteran, [2] an alien is [1] an honorably discharged veteran, [2] an
active duty member of the U.S. Armed Forces, or [3] the spouse, unmarried active duty member of the U.S. Armed Forces, or [3] the spouse, unmarried
surviving spouse, or unmarried dependent child of such veteran or surviving spouse, or unmarried dependent child of such veteran or
servicemember);60 servicemember);60
 qualified aliens who are lawfully residing in the United States and were receiving  qualified aliens who are lawfully residing in the United States and were receiving
SSI on August 22, 1996 (i.e., the date of PRWORA’s enactment);61 SSI on August 22, 1996 (i.e., the date of PRWORA’s enactment);61
 qualified aliens who were lawfully residing in the United States on August 22,  qualified aliens who were lawfully residing in the United States on August 22,
1996, and are now blind or disabled;62 1996, and are now blind or disabled;62
 certain American Indians;63  certain American Indians;63
 qualified aliens who are receiving SSI after July 1996 based on an application  qualified aliens who are receiving SSI after July 1996 based on an application
filed before January 1, 1979, and who meet certain other requirements;64 and filed before January 1, 1979, and who meet certain other requirements;64 and
 qualified aliens in one of the following categories who acquired their status  qualified aliens in one of the following categories who acquired their status
within seven years of filing for SSI (see within seven years of filing for SSI (see “Time-Limited Eligibility for Certain
Humanitarian Groups (Seven-Year Limit)”
for more information): for more information):
 refugees,65  refugees,65

Medicaid, and the Social Services Block Grant (SSBG). PRWORA classifies SSI and SNAP as Medicaid, and the Social Services Block Grant (SSBG). PRWORA classifies SSI and SNAP as specified federal
program s
, and T ANF, Medicaid, and SSBG as , and T ANF, Medicaid, and SSBG as designated federal program s. For more information, see CRS Report . For more information, see CRS Report
R46510, R46510, PRWORA’s Restrictions on Noncitizen Eligibility for Federal Public Benefits: Legal Issues. .
59 8 U.S.C. §1612(a)(2)(B). T he Social Security Act does not require individuals to meet work requirements to qualify 59 8 U.S.C. §1612(a)(2)(B). T he Social Security Act does not require individuals to meet work requirements to qualify
for SSI. However, PRWORA effectively imposes work requirements on LPRs to qualify for the program, unless they for SSI. However, PRWORA effectively imposes work requirements on LPRs to qualify for the program, unless they
(1) can be credited with the work history of an eligible spouse or parent or (2) meet another exception condition.(1) can be credited with the work history of an eligible spouse or parent or (2) meet another exception condition.
60 8 U.S.C. §1612(a)(2)(C). A veteran must fulfill minimum-active duty service requirements and have been released 60 8 U.S.C. §1612(a)(2)(C). A veteran must fulfill minimum-active duty service requirements and have been released
with a discharge characterized as honorable and not on account of alienage (see CRS Report R42324, with a discharge characterized as honorable and not on account of alienage (see CRS Report R42324, Who Is a
“Veteran”?—Basic Eligibility for Veterans’ Benefits
). A member of the U.S. Armed Forces must be on active duty, ). A member of the U.S. Armed Forces must be on active duty,
other than active duty for training. For more information, see SSA, POMS, “ SI 00502.140 Veteran or Active Duty other than active duty for training. For more information, see SSA, POMS, “ SI 00502.140 Veteran or Active Duty
Member of the Armed Forces, a Spouse, or a Dependent Child,” October 26, 2017, at https://secure.ssa.gov/apps10/Member of the Armed Forces, a Spouse, or a Dependent Child,” October 26, 2017, at https://secure.ssa.gov/apps10/
poms.nsf/lnx/0500502140. poms.nsf/lnx/0500502140.
61 8 U.S.C. §1612(a)(2)(E). For more information, see SSA, POMS, “ SI 00502.150 Qualified Aliens Receiving 61 8 U.S.C. §1612(a)(2)(E). For more information, see SSA, POMS, “ SI 00502.150 Qualified Aliens Receiving
Benefits On 8/22/96 (Balanced Budget Act of 1997, P.L. 105-33),” August 5, 2014, at https://secure.ssa.gov/apps10/Benefits On 8/22/96 (Balanced Budget Act of 1997, P.L. 105-33),” August 5, 2014, at https://secure.ssa.gov/apps10/
poms.nsf/lnx/0500502150. poms.nsf/lnx/0500502150.
62 8 U.S.C. §1612(a)(2)(F). For more information, see SSA, POMS, “ SI 00502.142 Qualified Aliens Who Are Blind Or 62 8 U.S.C. §1612(a)(2)(F). For more information, see SSA, POMS, “ SI 00502.142 Qualified Aliens Who Are Blind Or
Disabled And Were Lawfully Residing In T he U.S. On 8/22/96 ,” April 14, 2018, at https://secure.ssa.gov/apps10/Disabled And Were Lawfully Residing In T he U.S. On 8/22/96 ,” April 14, 2018, at https://secure.ssa.gov/apps10/
poms.nsf/lnx/0500502142. poms.nsf/lnx/0500502142.
63 8 U.S.C. §1612(a)(2)(G). For more information, see SSA, POMS, “ SI 00502.105 Exemption from Alien Provisions 63 8 U.S.C. §1612(a)(2)(G). For more information, see SSA, POMS, “ SI 00502.105 Exemption from Alien Provisions
for Certain Noncitizen Indians,” August 5, 2014, at https://secure.ssa.gov/apps10/poms.nsf/lnx/0500502105. for Certain Noncitizen Indians,” August 5, 2014, at https://secure.ssa.gov/apps10/poms.nsf/lnx/0500502105.
64 8 U.S.C. §1612(a)(2)(H). T o qualify under this exception, SSA must lack clear and convincing evidence that the 64 8 U.S.C. §1612(a)(2)(H). T o qualify under this exception, SSA must lack clear and convincing evidence that the
individual is an alien who would otherwise be ineligible for SSI benefits under 8 U.S.C. §1612.individual is an alien who would otherwise be ineligible for SSI benefits under 8 U.S.C. §1612. For more information, For more information,
see SSA, POMS, “ SI 00502.120 Eligibility on the Basis of Receiving SSI Benefits on an Application Filed Before see SSA, POMS, “ SI 00502.120 Eligibility on the Basis of Receiving SSI Benefits on an Application Filed Before
January 1, 1979,” November 26, 2013, at https://secure.ssa.gov/apps10/poms.nsf/lnx/0500502120. January 1, 1979,” November 26, 2013, at https://secure.ssa.gov/apps10/poms.nsf/lnx/0500502120.
65 8 U.S.C. §1612(a)(2)(A)(i). 65 8 U.S.C. §1612(a)(2)(A)(i).
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 asylees,66  asylees,66
 aliens granted withholding of removal,67  aliens granted withholding of removal,67
 Cuban-Haitian Entrants,68 or  Cuban-Haitian Entrants,68 or
 Amerasian immigrants.69  Amerasian immigrants.69
Nonqualified aliens who were receiving SSI on August 22, 1996, are not required to meet an Nonqualified aliens who were receiving SSI on August 22, 1996, are not required to meet an
exception condition to be potential y exception condition to be potential y eligible for SSI.70 eligible for SSI.70
40 Qualifying-Quarters Requirement for LPRs
PRWORA requires LPRs to have worked or be credited with 40 qualifying quarters, which is PRWORA requires LPRs to have worked or be credited with 40 qualifying quarters, which is
about 10 years of work, to be potential y eligible for SSI.71 A about 10 years of work, to be potential y eligible for SSI.71 A qualifying quarter is equivalent to a is equivalent to a
Social Security quarter of coverage (also known as a (also known as a Social Security credit), but with two notable ), but with two notable
modifications.72 First, qualifying quarters are based on earnings covered by Social Security as modifications.72 First, qualifying quarters are based on earnings covered by Social Security as
wel as earnings wel as earnings not covered by Social Security.73 Second, LPRs may be credited with qualifying by Social Security.73 Second, LPRs may be credited with qualifying
quarters based on their own work record and/or the work record of an eligible spouse or parent.74 quarters based on their own work record and/or the work record of an eligible spouse or parent.74
This crediting process may al ow LPRs with little or no work history (e.g., children) to meet the This crediting process may al ow LPRs with little or no work history (e.g., children) to meet the
40 qualifying-quarters requirement. However, PRWORA prohibits the crediting of a qualifying 40 qualifying-quarters requirement. However, PRWORA prohibits the crediting of a qualifying
quarter if, after December 31, 1996, the LPR or the worker who earned the qualifying quarter quarter if, after December 31, 1996, the LPR or the worker who earned the qualifying quarter

66 8 U.S.C. §1612(a)(2)(A)(ii). 66 8 U.S.C. §1612(a)(2)(A)(ii).
67 8 U.S.C. §1612(a)(2)(A)(iii). 67 8 U.S.C. §1612(a)(2)(A)(iii).
68 8 U.S.C. §1612(a)(2)(A)(iv). 68 8 U.S.C. §1612(a)(2)(A)(iv).
69 8 U.S.C. §1612(a)(2)(A)(v). 69 8 U.S.C. §1612(a)(2)(A)(v).
70 8 U.S.C. §1611(b)(5). Nonqualified aliens are not subject to the requirements of 8 U.S.C. §1612(a), which apply to 70 8 U.S.C. §1611(b)(5). Nonqualified aliens are not subject to the requirements of 8 U.S.C. §1612(a), which apply to
qualified aliens. qualified aliens.
71 8 U.S.C. §1612(a)(2)(B)(ii). See also SSA, POMS, “SI 00502.135 LAPR with 40 Qualifying Quarters of Earnings,” 71 8 U.S.C. §1612(a)(2)(B)(ii). See also SSA, POMS, “SI 00502.135 LAPR with 40 Qualifying Quarters of Earnings,”
June 21, 2017, at https://secure.ssa.gov/apps10/poms.nsf/lnx/0500502135. LPRs who meet another exception condition June 21, 2017, at https://secure.ssa.gov/apps10/poms.nsf/lnx/0500502135. LPRs who meet another exception condition
(e.g., military connection) may be eligible for SSI without having to meet the 40(e.g., military connection) may be eligible for SSI without having to meet the 40 -qualifying quarters requirement. -qualifying quarters requirement.
72 Under Social Security, workers qualify for benefits by accruing a sufficient number of 72 Under Social Security, workers qualify for benefits by accruing a sufficient number of quarters of coverage (or (or
credits) based on their earnings from jobs covered by the program (i.e., earnings subject to the Social Security payroll ) based on their earnings from jobs covered by the program (i.e., earnings subject to the Social Security payroll
tax). In 2021, workers earn one credit for each $1,470 in covered earnings, up to the maximum of four credits per year. tax). In 2021, workers earn one credit for each $1,470 in covered earnings, up to the maximum of four credits per year.
T he amount of earnings needed for a Social Security credit is adjusted annually for average wage growth in the national T he amount of earnings needed for a Social Security credit is adjusted annually for average wage growth in the national
economy. Because workers can earn no more than four credits per year, 40 credits is equivalent to about 10 years of economy. Because workers can earn no more than four credits per year, 40 credits is equivalent to about 10 years of
work. (Note that 40 credits is the minimum requirement to qualify for Social Security retired-worker benefits.) For work. (Note that 40 credits is the minimum requirement to qualify for Social Security retired-worker benefits.) For
more information, see SSA, more information, see SSA, How You Earn Credits, publication no. 05-10072, January 2021, at https://www.ssa.gov/, publication no. 05-10072, January 2021, at https://www.ssa.gov/
pubs/EN-05-10072.pdf. pubs/EN-05-10072.pdf.
73 Memorandum Opinion from Dawn E. Johnsen, Acting Assistant Attorney General, Office of Legal Counsel, 73 Memorandum Opinion from Dawn E. Johnsen, Acting Assistant Attorney General, Office of Legal Counsel,
Department of Justice (DOJ), to the General Counsel, SSA, Department of Justice (DOJ), to the General Counsel, SSA, Qualification Requirem ent for Aliens Under the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996
, March 27, 1997, at https://www.justice.gov/file/, March 27, 1997, at https://www.justice.gov/file/
19841/download. 19841/download.
74 8 U.S.C. §§1612(a)(2)(B)(ii)(I) and 1645. Qualifying quarters earned by a biological, adoptive, or stepparent may be 74 8 U.S.C. §§1612(a)(2)(B)(ii)(I) and 1645. Qualifying quarters earned by a biological, adoptive, or stepparent may be
credited to an LPR of any age through the quarter the LPR attains age 18, regardless of whether the parent is currently credited to an LPR of any age through the quarter the LPR attains age 18, regardless of whether the parent is currently
living. In addition, qualifying quarters earned by a current or deceased spouse during the marriage may be credited to living. In addition, qualifying quarters earned by a current or deceased spouse during the marriage may be credited to
an LPR. Because an LPR may be credited with qualifying quarters based on his or her own work record as well as a an LPR. Because an LPR may be credited with qualifying quarters based on his or her own work record as well as a
combination of work records attributable to one or more parents, a current spouse, and one or more deceased spouses, combination of work records attributable to one or more parents, a current spouse, and one or more deceased spouses,
the LPR may meet the 40-qualifying quarters requirement with little or no personal work history (i.e., fewer than 10 the LPR may meet the 40-qualifying quarters requirement with little or no personal work history (i.e., fewer than 10
years of work on his or her own record). For more information, see SSA, POMS, “ SI 00502.135 LAPR with 40 years of work on his or her own record). For more information, see SSA, POMS, “ SI 00502.135 LAPR with 40
Qualifying Quarters of Earnings,” June 21, 2017, at https://secure.ssa.gov/apps10/poms.nsf/lnx/0500502135. Qualifying Quarters of Earnings,” June 21, 2017, at https://secure.ssa.gov/apps10/poms.nsf/lnx/0500502135.
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(i.e., the LPR, eligible spouse, or eligible parent) received an FMTPB75 during the calendar (i.e., the LPR, eligible spouse, or eligible parent) received an FMTPB75 during the calendar
quarter in which the qualifying quarter was earned.76 quarter in which the qualifying quarter was earned.76
Time-Limited Eligibility for Certain Humanitarian Groups (Seven -Year Limit)
PRWORA al ows certain qualified aliens to be SSI eligible for up to seven years after their PRWORA al ows certain qualified aliens to be SSI eligible for up to seven years after their
entry/grant of status.77 This entry/grant of status.77 This seven-year limit applies to refugees, asylees, aliens granted applies to refugees, asylees, aliens granted
withholding of removal, Cuban-Haitian Entrants, Amerasian immigrants, victims of trafficking, withholding of removal, Cuban-Haitian Entrants, Amerasian immigrants, victims of trafficking,
and Iraqi and Afghan special immigrants. Seven years after their entry/grant of status, these and Iraqi and Afghan special immigrants. Seven years after their entry/grant of status, these
noncitizens are no longer eligible for SSI unless they become citizens (i.e., naturalize) or qualify noncitizens are no longer eligible for SSI unless they become citizens (i.e., naturalize) or qualify
under an exception condition without a time limit (e.g., LPR status with 40 qualifying quarters or under an exception condition without a time limit (e.g., LPR status with 40 qualifying quarters or
a military connection). If one of these individuals adjusts to LPR status during the seven-year a military connection). If one of these individuals adjusts to LPR status during the seven-year
period, then the individual remains eligible for the full seven-year period and is not subject to the period, then the individual remains eligible for the full seven-year period and is not subject to the
five-year bar (discussed below) during that period.78 five-year bar (discussed below) during that period.78
History of the Time Limit on SSI Eligibility for Certain Humanitarian Groups
When PRWORA was enacted in 1996, lawmakers limited the eligibility of certain humanitarian categories for When PRWORA was enacted in 1996, lawmakers limited the eligibility of certain humanitarian categories for
selected federal means-tested public benefits (including SSI) to a maximum of five years. The five-year limit was selected federal means-tested public benefits (including SSI) to a maximum of five years. The five-year limit was
designed to al ow noncitizens in these categories (e.g., refugees, asylees, aliens granted withholding of removal) to designed to al ow noncitizens in these categories (e.g., refugees, asylees, aliens granted withholding of removal) to
meet the necessary residency requirements before applying for citizenship. However, some observers noted that meet the necessary residency requirements before applying for citizenship. However, some observers noted that
delays in processing naturalization applications resulted in some noncitizens exhausting their program eligibility delays in processing naturalization applications resulted in some noncitizens exhausting their program eligibility
before becoming citizens.79 before becoming citizens.79
To address this situation, the Clinton Administration offered a proposal in its FY1998 budget to increase the time To address this situation, the Clinton Administration offered a proposal in its FY1998 budget to increase the time
limit for selected federal means-tested public benefits (including SSI) from five to seven years.80 Lawmakers limit for selected federal means-tested public benefits (including SSI) from five to seven years.80 Lawmakers
incorporated this proposal into the BBA 97 (P.L. 105-33). The House report accompanying the BBA 97 noted, “by incorporated this proposal into the BBA 97 (P.L. 105-33). The House report accompanying the BBA 97 noted, “by
extending the exception to al ow these groups 7 instead of 5 years of eligibility, these noncitizens would be given extending the exception to al ow these groups 7 instead of 5 years of eligibility, these noncitizens would be given
more time to naturalize while continuing to receive welfare benefits without interruption.”81 more time to naturalize while continuing to receive welfare benefits without interruption.”81

75 For purposes of the 40-qualifying quarters requirement, a 75 For purposes of the 40-qualifying quarters requirement, a federal means-tested public benefit (FMT PB) is a benefit (FMT PB) is a benefit
subject to subject to thet he requirements of the five-year bar under 8 U.S.C. §1613. FMT PBs include SSI, T ANF, SNAP, non- requirements of the five-year bar under 8 U.S.C. §1613. FMT PBs include SSI, T ANF, SNAP, non-
emergency Medicaid, and the State Child Health Insurance Program (CHIP).emergency Medicaid, and the State Child Health Insurance Program (CHIP). See See “ Five-Year Bar on Eligibility for
Certain Qualified Aliens.”

76 8 U.S.C. §§1612(a)(2)(B)(ii)(II) and 1645. 76 8 U.S.C. §§1612(a)(2)(B)(ii)(II) and 1645.
77 8 U.S.C. §1612(a)(2)(A)(i)-(v). See also SSA, POMS, “SI 00502.106 T ime-Limited Eligibility for Certain Aliens,” 77 8 U.S.C. §1612(a)(2)(A)(i)-(v). See also SSA, POMS, “SI 00502.106 T ime-Limited Eligibility for Certain Aliens,”
July 11, 2019, at https://secure.ssa.gov/apps10/poms.nsf/lnx/0500502106. July 11, 2019, at https://secure.ssa.gov/apps10/poms.nsf/lnx/0500502106.
78 SSA, POMS, “SI 00502.106 T ime-Limited Eligibility for Certain Aliens,” July 11, 2019, at https://secure.ssa.gov/78 SSA, POMS, “SI 00502.106 T ime-Limited Eligibility for Certain Aliens,” July 11, 2019, at https://secure.ssa.gov/
apps10/poms.nsf/lnx/0500502106. In addition, t he seven-year limit does not reset if the qualified alien adjusts to apps10/poms.nsf/lnx/0500502106. In addition, t he seven-year limit does not reset if the qualified alien adjusts to
another status that is also subject to the time limit. another status that is also subject to the time limit.
79 T estimony of Susan Golanka et al., in U.S. Congress, House Committee on Ways and Means, Subcommittee on 79 T estimony of Susan Golanka et al., in U.S. Congress, House Committee on Ways and Means, Subcommittee on
Human Resources, Human Resources, Technical Corrections to Welfare Reform Legislation , hearing, 105th Cong., 1st sess., February 26, , hearing, 105th Cong., 1st sess., February 26,
1997, H.Hrg. 105-1 (Washington, DC: GPO, 1997), p. 34, at https://hdl.handle.net/2027/pst.000031682350. 1997, H.Hrg. 105-1 (Washington, DC: GPO, 1997), p. 34, at https://hdl.handle.net/2027/pst.000031682350.
80 Office of Management and Budget, 80 Office of Management and Budget, Budget of the U.S. Government Fiscal Year 1998, p. 109, at , p. 109, at
https://www.govinfo.gov/content/pkg/BUDGET -1998-BUD/pdf/BUDGET -1998-BUD.pdf. See also testimony of https://www.govinfo.gov/content/pkg/BUDGET -1998-BUD/pdf/BUDGET -1998-BUD.pdf. See also testimony of
Carolyn Colvin, Deputy Commissioner for Programs and Policy, SSA, in U.S. Carolyn Colvin, Deputy Commissioner for Programs and Policy, SSA, in U.S. CongressCongre ss, House Committee on Ways , House Committee on Ways
and Means, Subcommittee on Social Security, and Means, Subcommittee on Social Security, President’s Fiscal Year 1998 Budget, hearing, 105th Cong., 1st sess., , hearing, 105th Cong., 1st sess.,
February 13, 1997, H.Hrg. 105-2 (Washington, DC: GPO, 1997), pp. 2 and 23, at https://hdl.handle.net/2027/February 13, 1997, H.Hrg. 105-2 (Washington, DC: GPO, 1997), pp. 2 and 23, at https://hdl.handle.net/2027/
pst.000031687706. pst.000031687706.
81 U.S. Congress, House Committee on the Budget, 81 U.S. Congress, House Committee on the Budget, Balanced Budget Act of 1997, report to accompany H.R. 2015, , report to accompany H.R. 2015,
105th Cong., 1st sess., June 24, 1997, H.Rept. 105-149, p. 1183, at https://www.congress.gov/105/crpt/hrpt149/CRPT -105th Cong., 1st sess., June 24, 1997, H.Rept. 105-149, p. 1183, at https://www.congress.gov/105/crpt/hrpt149/CRPT -
105hrpt149.pdf. 105hrpt149.pdf.
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In 2004, the Bush Administration offered a proposal in its FY2005 budget to temporarily increase the time limit on In 2004, the Bush Administration offered a proposal in its FY2005 budget to temporarily increase the time limit on
SSI eligibility from seven to eight years for a three-year period.82 The proposal was designed to address situations SSI eligibility from seven to eight years for a three-year period.82 The proposal was designed to address situations
in which some noncitizens receiving SSI were unable to obtain U.S. citizenship within the seven-year limit.83 in which some noncitizens receiving SSI were unable to obtain U.S. citizenship within the seven-year limit.83
In 2007, the House Committee on Ways and Means held a hearing at which witnesses testified that some refugees In 2007, the House Committee on Ways and Means held a hearing at which witnesses testified that some refugees
and asylees receiving SSI were unable to naturalize within the seven-year limit.84 The fol owing year, lawmakers and asylees receiving SSI were unable to naturalize within the seven-year limit.84 The fol owing year, lawmakers
enacted the SSI Extension for Elderly and Disabled Refugees Act (P.L. 110-328), which temporarily increased the enacted the SSI Extension for Elderly and Disabled Refugees Act (P.L. 110-328), which temporarily increased the
time limit on SSI eligibility from seven to nine years for FY2009 through FY2011.85 Although the Obama time limit on SSI eligibility from seven to nine years for FY2009 through FY2011.85 Although the Obama
Administration offered a proposal in its FY2012 budget to temporarily Administration offered a proposal in its FY2012 budget to temporarily exten dextend the nine-year limit on SSI eligibility the nine-year limit on SSI eligibility
for an additional two-year period, lawmakers elected not to adopt the proposal, and the time limit reverted to for an additional two-year period, lawmakers elected not to adopt the proposal, and the time limit reverted to
seven years at the start of FY2012.86 seven years at the start of FY2012.86
In recent years, lawmakers have introduced proposals to either eliminate the time limit on SSI eligibility In recent years, lawmakers have introduced proposals to either eliminate the time limit on SSI eligibility
permanently (e.g., H.R. 7401 from the 115th Congress) or increase it temporarily (e.g.,permanently (e.g., H.R. 7401 from the 115th Congress) or increase it temporarily (e.g., S. 4307 from the 116th S. 4307 from the 116th
Congress). Congress).
Five-Year Bar on Eligibility for Certain Qualified Aliens
PRWORA includes additional restrictions on eligibility for PRWORA includes additional restrictions on eligibility for FMTPBsfederal means-tested public benefits (FMTPBs).87 For FMTPBs, .87 For FMTPBs,
determination of program eligibilitydetermination of program eligibility or the level/type of assistance to be provided is based on or the level/type of assistance to be provided is based on
income, resources, or other measure of financial need. In 1997, SSA issued a notice in the income, resources, or other measure of financial need. In 1997, SSA issued a notice in the
Federal Register designating SSI as an FMTPB for purposes of PRWORA.88 Many qualifieddesignating SSI as an FMTPB for purposes of PRWORA.88 Many qualified
aliens are barred from FMTPBs for five years after entry/grant of aliens are barred from FMTPBs for five years after entry/grant of status, including certain LPRs, status, including certain LPRs,
aliens paroled into the United States for at least one year, and certain abused spouses and aliens paroled into the United States for at least one year, and certain abused spouses and
children.89 Categories of noncitizens who are not subject to the five-year bar include refugees, children.89 Categories of noncitizens who are not subject to the five-year bar include refugees,
asylees, aliens granted withholding of removal, Cuban/Haitian Entrants, Amerasian immigrants, asylees, aliens granted withholding of removal, Cuban/Haitian Entrants, Amerasian immigrants,
victims of trafficking, Iraqi and Afghan special immigrants, certain American Indians, qualified victims of trafficking, Iraqi and Afghan special immigrants, certain American Indians, qualified
aliens who entered the United States before August 22, 1996, aliens who entered the United States before August 22, 1996, and qualifiedand qualified aliens with a military aliens with a military
connection.90 Because most SSI-eligible groups are exempt connection.90 Because most SSI-eligible groups are exempt from the requirement, for the

82 Letter from Jo Anne B. Barnhart, Commissioner of Social Security, to the Honorable J. Dennis Hastert, Speaker of 82 Letter from Jo Anne B. Barnhart, Commissioner of Social Security, to the Honorable J. Dennis Hastert, Speaker of
the House of Representatives, March 8, 2004, at https://www.ssa.gov/legislation/Bills/SSIRefugee.pdf. A version of the House of Representatives, March 8, 2004, at https://www.ssa.gov/legislation/Bills/SSIRefugee.pdf. A version of
this proposal was offered again in the President’s budgets for FY2006 through FY2008. this proposal was offered again in the President’s budgets for FY2006 through FY2008.
83 Ibid. 83 Ibid.
84 U.S. Congress, House Committee on Ways and Means, Subcommittee on Income 84 U.S. Congress, House Committee on Ways and Means, Subcommittee on Income SecuritySecur ity and Family Support, and Family Support,
Assistance for Elderly and Disabled Refugees, hearing, 110th Cong., 1st sess., March 22, 2007, H.Hrg. 110-29 , hearing, 110th Cong., 1st sess., March 22, 2007, H.Hrg. 110-29
(Washington, DC: GPO, 2008), at https://www.govinfo.gov/content/pkg/CHRG-110hhrg43762/pdf/CHRG-(Washington, DC: GPO, 2008), at https://www.govinfo.gov/content/pkg/CHRG-110hhrg43762/pdf/CHRG-
110hhrg43762.pdf. 110hhrg43762.pdf.
85 8 U.S.C. §1612(a)(2)(M). See also SSA, POMS, “SI 00502.301 Supplemental Security Income (SSI) Extension for 85 8 U.S.C. §1612(a)(2)(M). See also SSA, POMS, “SI 00502.301 Supplemental Security Income (SSI) Extension for
Elderly and Disabled Refugees Act,” September 16, 2013, at https://secure.ssa.gov/apps10/poms.nsf/lnx/0500502301. Elderly and Disabled Refugees Act,” September 16, 2013, at https://secure.ssa.gov/apps10/poms.nsf/lnx/0500502301.
86 SSA, 86 SSA, Full Justification of Estimates for Appropriations Committees, Fiscal Year 2012 , February 14, 2011, p. 25, at , February 14, 2011, p. 25, at
https://www.ssa.gov/budget/hist/FY2013/2013FullJustification.pdf. A version of this proposal was offered again in the https://www.ssa.gov/budget/hist/FY2013/2013FullJustification.pdf. A version of this proposal was offered again in the
President’s budgets for FY2013 through FY2017. For a cost estimate of the proposal, see Congressional Budget Office President’s budgets for FY2013 through FY2017. For a cost estimate of the proposal, see Congressional Budget Office
(CBO), (CBO), Proposals for Supplem ental Security Income - CBO’s Estim ate of the President’s Fiscal Year 2017 Budget, ,
March 29, 2016, at https://www.cbo.gov/system/files/2020-03/56250-2016-03-29-ssi.pdf. March 29, 2016, at https://www.cbo.gov/system/files/2020-03/56250-2016-03-29-ssi.pdf.
87 8 U.S.C. §1613. For more information, see CRS Report RL33809, 87 8 U.S.C. §1613. For more information, see CRS Report RL33809, Noncitizen Eligibility for Federal Public
Assistance: Policy Overview
. .
88 SSA, “Personal Responsibility and Work Opportunity Reconciliation Act of 1996: Federal Means-T ested Public 88 SSA, “Personal Responsibility and Work Opportunity Reconciliation Act of 1996: Federal Means-T ested Public
Benefits Paid by the Social Security Administration,” 62Benefits Paid by the Social Security Administration,” 62 Federal Register 45284, August 26, 1997, at 45284, August 26, 1997, at
https://www.govinfo.gov/content/pkg/FR-1997-08-26/pdf/97-22697.pdf. Other FMT PBs include T ANF, SNAP, non-https://www.govinfo.gov/content/pkg/FR-1997-08-26/pdf/97-22697.pdf. Other FMT PBs include T ANF, SNAP, non-
emergency Medicaid, and CHIP. emergency Medicaid, and CHIP.
89 T he five-year bar applies to qualified aliens entering the United States on or after August 22, 1996 , who are not 89 T he five-year bar applies to qualified aliens entering the United States on or after August 22, 1996 , who are not
exempted from the requirements of 8 U.S.C. §1613(a). exempted from the requirements of 8 U.S.C. §1613(a).
90 Refugees, asylees, aliens granted withholding of removal, Cuban/Haitian Entrants, Amerasian90 Refugees, asylees, aliens granted withholding of removal, Cuban/Haitian Entrants, Amerasian immigrants, victims of immigrants, victims of
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from the requirement, for the purposes of SSI, the five-year bar effectively applies only to LPRs who have at least 40 purposes of SSI, the five-year bar effectively applies only to LPRs who have at least 40
qualifying quarters of work and who do not meet another exception qualifying quarters of work and who do not meet another exception condition (see the condition (see the “Exception
Conditions for Qualified Aliens under SSI section).91 section).91
SSI Eligibility by Immigration Category
Table 1
provides information on which immigration categories are potential y eligible for SSI and provides information on which immigration categories are potential y eligible for SSI and
which categories are not (seewhich categories are not (see “Noncitizens and Immigration Categories”). The table takes into . The table takes into
account the applicable noncitizen eligibility requirements discussed in this section (i.e., the account the applicable noncitizen eligibility requirements discussed in this section (i.e., the
qualified-alien requirement, SSI exceptions conditions, and the five-year bar). Noncitizens who qualified-alien requirement, SSI exceptions conditions, and the five-year bar). Noncitizens who
are potential y eligible for SSI must also meet the program’s basic eligibility requirements as wel are potential y eligible for SSI must also meet the program’s basic eligibility requirements as wel
as any applicable sponsor deeming requirements (see the as any applicable sponsor deeming requirements (see the “Sponsor Deeming and
Reimbursement” section) to ultimately qualify for and receive SSI payments. section) to ultimately qualify for and receive SSI payments.
Table 1. SSI Eligibility by Immigration Category
Potentially
Eligible for
Subject to the 7-
Additional Requirements or
Immigration Categories
SSI?
Year Limit?
Other Information
American Indian noncitizens American Indian noncitizens
Yes Yes
No No
Must belong to a federal y Must belong to a federal y
recognized tribe or be arecognized tribe or be a Jay Treaty
Indian Indian
Amerasian immigrants Amerasian immigrants
Yes Yes
Yes Yes
— —
Certain abused spouses and Certain abused spouses and
Yes, in limited Yes, in limited
No No
Must have a military connectio Must have a military connectiona
children (e.g., VAWA Self- children (e.g., VAWA Self-
circumstances circumstances
or be in a grandfathered grou or be in a grandfathered groupb
Petitioners) Petitioners)
Cuban-Haitian Entrants Cuban-Haitian Entrants
Yes Yes
Yes Yes
— —
Deferred Action for Childhood Deferred Action for Childhood
No No
— —
— —
Arrivals (DACA) Arrivals (DACA)
Freely Associated States (FAS) Freely Associated States (FAS)
No No
— —
— —
Migrants Migrants
Iraqi and Afghan special immigrants Iraqi and Afghan special immigrants
Yes Yes
Yes Yes
— —
Lawful permanent residents (LPRs) Lawful permanent residents (LPRs)
Yes, with Yes, with
No No
(1) Subject to the five-year bar; (1) Subject to the five-year bar;
restrictions restrictions
and and
(2) must have 40 qualifying (2) must have 40 qualifying
quarters of work quarters of work
Nonimmigrants Nonimmigrants
No No
— —
— —
(e.g., tourists, students, temporary (e.g., tourists, students, temporary
workers) workers)

trafficking, and Iraqi and Afghan special immigrants are exempted under 8 U.S.C. §1613(b)(1)(A)-(E). Certain trafficking, and Iraqi and Afghan special immigrants are exempted under 8 U.S.C. §1613(b)(1)(A)-(E). Certain
American Indians are exempted under 8 U.S.C. §1613(d)(1). Qualified aliens who entered the United States before American Indians are exempted under 8 U.S.C. §1613(d)(1). Qualified aliens who entered the United States before
August 22, 1996, are exempted under 8 U.S.C. §1613(a). Qualified aliens with a military connection are exempted August 22, 1996, are exempted under 8 U.S.C. §1613(a). Qualified aliens with a military connection are exempted
under 8 U.S.C. §1613(b)(2). Nonqualified aliens, as well as qualified aliens who entered the United States before under 8 U.S.C. §1613(b)(2). Nonqualified aliens, as well as qualified aliens who entered the United States before
August 22, 1996, are not subject to the requirements of 8 U.S.C. §1613(a). August 22, 1996, are not subject to the requirements of 8 U.S.C. §1613(a).
91 LPRs who satisfy the five-year bar but have fewer than 40 qualifying quarters are ineligible for SSI unless they can 91 LPRs who satisfy the five-year bar but have fewer than 40 qualifying quarters are ineligible for SSI unless they can
qualify under another exception condition (e.g., a military connection). qualify under another exception condition (e.g., a military connection).
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Potentially
Eligible for
Subject to the 7-
Additional Requirements or
Immigration Categories
SSI?
Year Limit?
Other Information
Parolees Parolees
Yes, in limited Yes, in limited
No No
(1) Eligible (1) Eligible after one year; and
circumstances
if parole granted for at circumstances least one year; and (2) must have a military (2) must have a military
connectioconnectiona or be in a or be in a
grandfathered grougrandfathered groupb
Refugees and asylees Refugees and asylees
Yes Yes
Yes Yes
— —
Temporary Protected Status (TPS) Temporary Protected Status (TPS)
No No
— —
— —
Unauthorized immigrants Unauthorized immigrants
No No
— —
— —
Victims of Trafficking Victims of Trafficking
Yes Yes
Yes Yes
— —
Withholding of Removal Withholding of Removal
Yes Yes
Yes Yes
— —
Source: Congressional Research Service (CRS). Congressional Research Service (CRS).
Notes: Not al immigration categories have a corresponding exception condition that permits them to be Not al immigration categories have a corresponding exception condition that permits them to be
potential y eligible for SSI. For instance, parolees who are qualified aliens must general y have a military potential y eligible for SSI. For instance, parolees who are qualified aliens must general y have a military
connection or be in a grandfathered group (see definitions below) to qualify for SSI because 8 U.S.C. §1612(a) connection or be in a grandfathered group (see definitions below) to qualify for SSI because 8 U.S.C. §1612(a)
does not provide a specific exception condition for parolees. does not provide a specific exception condition for parolees.
a. The term a. The term military connection refers to a qualified alien who is lawful y residing in the United States and is (1) refers to a qualified alien who is lawful y residing in the United States and is (1)
an honorably discharged veteran, (2) an active-duty member of the U.S. Armed Forces, or (3) the spouse, an honorably discharged veteran, (2) an active-duty member of the U.S. Armed Forces, or (3) the spouse,
unmarried surviving spouse, or unmarried dependent child of such veteran or servicemember. unmarried surviving spouse, or unmarried dependent child of such veteran or servicemember.
b. The term b. The term grandfathered group col ectively refers to (1) nonqualified aliens who were receiving SSI on August col ectively refers to (1) nonqualified aliens who were receiving SSI on August
22, 1996, (2) qualified aliens who are lawful y residing in the United States and were receiving SSI on August 22, 1996, (2) qualified aliens who are lawful y residing in the United States and were receiving SSI on August
22, 1996, (3) qualified aliens who were lawful y residing in the United States on August 22, 1996, and are 22, 1996, (3) qualified aliens who were lawful y residing in the United States on August 22, 1996, and are
now blind or disabled, and (4) qualified aliens who are receiving SSI after July 1996 based on an application now blind or disabled, and (4) qualified aliens who are receiving SSI after July 1996 based on an application
filed before January 1, 1979, and who meet certain other requirements. filed before January 1, 1979, and who meet certain other requirements.
It is important to note that some noncitizens may qualify for SSI in more than one way. In such It is important to note that some noncitizens may qualify for SSI in more than one way. In such
cases, SSA wil general y determine the noncitizen’s eligibility for SSI under the pathway with cases, SSA wil general y determine the noncitizen’s eligibility for SSI under the pathway with
the least level of restriction. For example, if a noncitizen is eligible under both a time-limited the least level of restriction. For example, if a noncitizen is eligible under both a time-limited
exception condition and a military-connection exception condition, then SSA wil typical y exception condition and a military-connection exception condition, then SSA wil typical y
determine the noncitizen’s eligibility for SSI under the military-connection exception condition determine the noncitizen’s eligibility for SSI under the military-connection exception condition
because it does not have a time limit. because it does not have a time limit.
Sponsor Deeming and Reimbursement
Sponsor deeming and reimbursement are immigration policies that can affect certain LPRs’ Sponsor deeming and reimbursement are immigration policies that can affect certain LPRs’
eligibility for FMTPBs or the level/type of assistance. They apply to LPRs who are subject to an eligibility for FMTPBs or the level/type of assistance. They apply to LPRs who are subject to an
affidavit of support, as described below. , as described below.
Affidavit of Support and Immigrant Sponsors
Most family-based and certain employment-based immigrants must have a relative or employer in Most family-based and certain employment-based immigrants must have a relative or employer in
the United States petition for them to be eligible for LPR status.92 These prospective LPRs are the United States petition for them to be eligible for LPR status.92 These prospective LPRs are
required to submit a legal y enforceable affidavit of support when applying for an immigrant visa required to submit a legal y enforceable affidavit of support when applying for an immigrant visa

92 For more on obtaining LPR status, see CRS Report R42866, 92 For more on obtaining LPR status, see CRS Report R42866, Permanent Legal Immigration to the United States:
Policy Overview
; and CRS Report R43145, ; and CRS Report R43145, U.S. Fam ily-Based Imm igration Policy. .
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or or adjusting93 to LPR status.94 An affidavit of support is a contract between the LPR applicant, the 93 to LPR status.94 An affidavit of support is a contract between the LPR applicant, the
applicant’s petitioner (in most cases),95 and the government.96 The person who signs the affidavit applicant’s petitioner (in most cases),95 and the government.96 The person who signs the affidavit
of support becomes the of support becomes the sponsor of the alien and accepts financial responsibility for them.97 of the alien and accepts financial responsibility for them.97
Only the aforementioned noncitizens applying for LPR status require a U.S. sponsor. Other Only the aforementioned noncitizens applying for LPR status require a U.S. sponsor. Other
noncitizens—such as refugees, asylees, diversity immigrants,98 and many employment-based noncitizens—such as refugees, asylees, diversity immigrants,98 and many employment-based
immigrants—do not need an affidavit of support when applying for an immigrant visa or immigrants—do not need an affidavit of support when applying for an immigrant visa or
adjusting to LPR status. adjusting to LPR status.
Sponsor Deeming
PRWORA requires most sponsored LPRs to meet sponsor deeming requirements for purposes of PRWORA requires most sponsored LPRs to meet sponsor deeming requirements for purposes of
FMTPBs, including SSI.99 FMTPBs, including SSI.99 Sponsor deeming refers to the consideration of the income and refers to the consideration of the income and
resources of the sponsor and the sponsor’s spouse (if any) in determining a sponsored LPR’s resources of the sponsor and the sponsor’s spouse (if any) in determining a sponsored LPR’s
financial eligibility for an FMTPB or the level/type of assistance provided by the program.100 financial eligibility for an FMTPB or the level/type of assistance provided by the program.100
PRWORA’s sponsor deeming requirements are designed to limit the ability of sponsored LPRs to PRWORA’s sponsor deeming requirements are designed to limit the ability of sponsored LPRs to
meet an FMTPB’s financial tests for assistance. In other words, the income and resources of the meet an FMTPB’s financial tests for assistance. In other words, the income and resources of the
LPR, the sponsor, and the sponsor’s spouse (if any) are combined in determining whether the LPR, the sponsor, and the sponsor’s spouse (if any) are combined in determining whether the
LPR meets the financial eligibility threshold for the program, potential y decreasing the LPR meets the financial eligibility threshold for the program, potential y decreasing the
likelihood that the LPR wil qualify for assistance. If the LPR meets the FMTPB’s financial likelihood that the LPR wil qualify for assistance. If the LPR meets the FMTPB’s financial
eligibility threshold, then sponsor deeming may limit the level/type of assistance provided under eligibility threshold, then sponsor deeming may limit the level/type of assistance provided under
the program. the program.
Under PRWORA, sponsor deeming applies until the sponsored LPR becomes naturalized or has Under PRWORA, sponsor deeming applies until the sponsored LPR becomes naturalized or has
accumulated 40 qualifying quarters of work (see theaccumulated 40 qualifying quarters of work (see the “40 Qualifying-Quarters Requirement for
LPRs” section).101 However, PRWORA exempts certain sponsored LPRs from its sponsor section).101 However, PRWORA exempts certain sponsored LPRs from its sponsor

93 Applying for an 93 Applying for an adjustment of status refers to the process of applying for LPR status (i.e., a green card) from within refers to the process of applying for LPR status (i.e., a green card) from within
the United States (as opposed to applying for an immigrant visa from a U.S. embassy or the United States (as opposed to applying for an immigrant visa from a U.S. embassy or consulateconsula te abroad). abroad).
94 8 U.S.C. §1182(a)(4)(C) and (D). 94 8 U.S.C. §1182(a)(4)(C) and (D).
95 In certain circumstances, affidavits of support can be signed by a joint sponsor willing to accept legal responsibility 95 In certain circumstances, affidavits of support can be signed by a joint sponsor willing to accept legal responsibility
for the intending immigrant or by a substitute sponsor, if the petitioner has died. For more information, see DHS, for the intending immigrant or by a substitute sponsor, if the petitioner has died. For more information, see DHS,
USCIS, “Affidavit of Support ,” at https://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-of-USCIS, “Affidavit of Support ,” at https://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-of-
support . support .
96 See 8 U.S.C. §1183a(a)(1) (describing affidavit of support as a “ contract ... that is legally enforceable against the 96 See 8 U.S.C. §1183a(a)(1) (describing affidavit of support as a “ contract ... that is legally enforceable against the
sponsor by the sponsored alien, the Federal Government, any State ... or by any other entity that provides any means-sponsor by the sponsored alien, the Federal Government, any State ... or by any other entity that provides any means-
tested public benefit”); Wenfang Liu v. Mund, 686 F.3d 418, 423 (7th Cir. 2012) (holding affidavit enforceable against tested public benefit”); Wenfang Liu v. Mund, 686 F.3d 418, 423 (7th Cir. 2012) (holding affidavit enforceable against
sponsor for support payment to sponsored alien); and USCIS Form I-864, sponsor for support payment to sponsored alien); and USCIS Form I-864, Affidavit of Support Under Section 213A of
the INA
, at https://www.uscis.gov/i-864. See also 8 C.F.R. §§213a.1-213a.5. , at https://www.uscis.gov/i-864. See also 8 C.F.R. §§213a.1-213a.5.
97 Sponsors must be at least 18 years old and reside in the United States. T hey must also submit evidence that they can 97 Sponsors must be at least 18 years old and reside in the United States. T hey must also submit evidence that they can
support both their own family and that of the sponsored alien at an annual income no less than 125% of the federal support both their own family and that of the sponsored alien at an annual income no less than 125% of the federal
poverty line. T he income requirement for sponsors who are members of the U.S.poverty line. T he income requirement for sponsors who are members of the U.S. military is 100% of the federal military is 100% of the federal
poverty line. PRWORA defines poverty line. PRWORA defines federal poverty line as the applicable poverty guideline published by the Department of as the applicable poverty guideline published by the Department of
Health and Human Services (HHS), which varies by family size and, in some cases, state of residence. See 8 U.S.C. Health and Human Services (HHS), which varies by family size and, in some cases, state of residence. See 8 U.S.C.
§1183a(h) and HHS, Office of the Assistance Secretary §1183a(h) and HHS, Office of the Assistance Secretary forfo r Planning and Evaluation, “ Planning and Evaluation, “ HHS Poverty Guidelines for HHS Poverty Guidelines for
2020,” at https://aspe.hhs.gov/poverty-guidelines. 2020,” at https://aspe.hhs.gov/poverty-guidelines.
98 For more information, see CRS Report R45973, 98 For more information, see CRS Report R45973, The Diversity Immigrant Visa Program . .
99 8 U.S.C. §1631. 99 8 U.S.C. §1631.
100 SSA sometimes refers to 100 SSA sometimes refers to sponsor deeming as as sponsor-to-alien deeming. .
101 T his deeming requirement only applies to LPRs who enter on or after December 19, 1997, the effective date of the 101 T his deeming requirement only applies to LPRs who enter on or after December 19, 1997, the effective date of the
new legally binding affidavit of support. new legally binding affidavit of support.
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Noncitizen Eligibility for Supplemental Security Income (SSI)

deeming requirements if they (1) would be unable to obtain food and shelter without the benefit deeming requirements if they (1) would be unable to obtain food and shelter without the benefit
or (2) have been battered or subjected to extreme cruelty.102 or (2) have been battered or subjected to extreme cruelty.102
Because PRWORA does not specify the manner in which income and resources should be Because PRWORA does not specify the manner in which income and resources should be
considered for purposes of sponsor deeming,103 SSA uses the sponsor deeming methodology considered for purposes of sponsor deeming,103 SSA uses the sponsor deeming methodology
specified in Title XVI of the Social Security Act in implementing PRWORA’s sponsor deeming specified in Title XVI of the Social Security Act in implementing PRWORA’s sponsor deeming
requirements.104 Specifical y, SSA excludes certain amounts/types of income and resources requirements.104 Specifical y, SSA excludes certain amounts/types of income and resources
attributable to the sponsor and the sponsor’s spouse (if any) in determining a sponsored LPR’s attributable to the sponsor and the sponsor’s spouse (if any) in determining a sponsored LPR’s
financial eligibility for SSI and the amount of the payment (if any).105 financial eligibility for SSI and the amount of the payment (if any).105
In 2009, the Government Accountability Office (GAO) issued a report on the implementation of In 2009, the Government Accountability Office (GAO) issued a report on the implementation of
PRWORA’s sponsor deeming requirements for selected FMTPBs, including SSI.106 The report PRWORA’s sponsor deeming requirements for selected FMTPBs, including SSI.106 The report
found that relatively few noncitizens who applied for or received SSI were subject to sponsor found that relatively few noncitizens who applied for or received SSI were subject to sponsor
deeming because the exception condition specific to LPRs requires such individuals to have 40 deeming because the exception condition specific to LPRs requires such individuals to have 40
qualifying quarters of work to participate in SSI, which is the same requirement needed to be qualifying quarters of work to participate in SSI, which is the same requirement needed to be
exempt from sponsor deeming. GAO noted the following: exempt from sponsor deeming. GAO noted the following:
Officials from SSA also reported a low incidence of sponsor deeming during the processing Officials from SSA also reported a low incidence of sponsor deeming during the processing
of SSI benefits. For example, officials from all 10 SSA of SSI benefits. For example, officials from all 10 SSA region alregional offices reported that offices reported that
deeming has occurred either rarely or never since PRWORA became effective. deeming has occurred either rarely or never since PRWORA became effective.
Specifically, because the sponsor deeming policy does not apply to sponsored noncitizens Specifically, because the sponsor deeming policy does not apply to sponsored noncitizens
credited with 40 quarters of work, and most sponsored noncitizens are only credited with 40 quarters of work, and most sponsored noncitizens are only eligibleelig ible for SSI for SSI
if they have satisfied the 40-quarter work eligibility requirement, deeming is inevitably if they have satisfied the 40-quarter work eligibility requirement, deeming is inevitably
rare. As a result, only sponsored noncitizens who apply for SSI and are exempted from the rare. As a result, only sponsored noncitizens who apply for SSI and are exempted from the
40-quarter work eligibility criteria, such as those with military connections, are subject to 40-quarter work eligibility criteria, such as those with military connections, are subject to
sponsor deeming.107 sponsor deeming.107

102 8 U.S.C. §1631(e) and (f). See also SSA, POMS, “SI 00502.200 Sponsor-to-Alien Deeming (1996-1997 102 8 U.S.C. §1631(e) and (f). See also SSA, POMS, “SI 00502.200 Sponsor-to-Alien Deeming (1996-1997
Legislation),” August 5, 2014, at https://secure.ssa.gov/apps10/poms.nsf/lnx/0500502200. Legislation),” August 5, 2014, at https://secure.ssa.gov/apps10/poms.nsf/lnx/0500502200.
103 See 8 U.S.C. §1631 and Letter from Calder Lynch, Acting Deputy Administrator and Director, Center for Medicaid 103 See 8 U.S.C. §1631 and Letter from Calder Lynch, Acting Deputy Administrator and Director, Center for Medicaid
& CHIP Services (CMCS), Centers for Medicare & Medicaid Services (CMS), to State Health Official, & CHIP Services (CMCS), Centers for Medicare & Medicaid Services (CMS), to State Health Official, Sponsor
Deem ing and Repaym ent for Certain Im m igrants
, August 23, 2019, p. 4, at https://www.medicaid.gov/federal-policy-, August 23, 2019, p. 4, at https://www.medicaid.gov/federal-policy-
guidance/downloads/sho19004.pdf. guidance/downloads/sho19004.pdf.
104 Social Security Act §1621(b) and (c); 42 U.S.C. §1382j(b) and (c). 104 Social Security Act §1621(b) and (c); 42 U.S.C. §1382j(b) and (c).
105 Ibid. See also 20 C.F.R. §§416.1160, 416.1161(b), 416.1166a, and 416.1204, as well as SSA, POMS, “SI 00502.240 105 Ibid. See also 20 C.F.R. §§416.1160, 416.1161(b), 416.1166a, and 416.1204, as well as SSA, POMS, “SI 00502.240
New Version Affidavit of Support,” July 25, 2019, at https://secure.ssa.gov/apps10/poms.nsf/lnx/0500502240. New Version Affidavit of Support,” July 25, 2019, at https://secure.ssa.gov/apps10/poms.nsf/lnx/0500502240.
Noncitizens with an affidavit of support who filed a visa or status adjustment application before December 19, 1997, Noncitizens with an affidavit of support who filed a visa or status adjustment application before December 19, 1997,
are subject to the sponsor deeming requirements under T itle XVI of the Social Security Act. However, because the are subject to the sponsor deeming requirements under T itle XVI of the Social Security Act. However, because the
maximum duration of sponsor deeming under T itle XVI of the Social Security Act is t hree years, such noncitizens maximum duration of sponsor deeming under T itle XVI of the Social Security Act is t hree years, such noncitizens
would presumably no longer be subject to sponsor deeming today. T hat said, it is unclear if the sponsor deeming would presumably no longer be subject to sponsor deeming today. T hat said, it is unclear if the sponsor deeming
requirements under T itle XVI of the Social Security Act currently apply to any requirements under T itle XVI of the Social Security Act currently apply to any applicablea pplicable classes of aliens who are not classes of aliens who are not
subject to PRWORA’s sponsor deeming requirements. For more information, see SSA, POMS, “SI 00502.200 subject to PRWORA’s sponsor deeming requirements. For more information, see SSA, POMS, “SI 00502.200
Sponsor-to-Alien Deeming (1996-1997 Legislation),” August 5, 2014, at Sponsor-to-Alien Deeming (1996-1997 Legislation),” August 5, 2014, at
https://secure.ssa.gov/apps10/poms.nsf/lnx/0500502200. https://secure.ssa.gov/apps10/poms.nsf/lnx/0500502200.
106 U.S. Government Accountability Office (GAO), SPONSORED NONCIT IZENS AND PUBLIC BENEFIT S: More 106 U.S. Government Accountability Office (GAO), SPONSORED NONCIT IZENS AND PUBLIC BENEFIT S: More
Clarity in Federal Guidance and Better Access to Federal Information Could Improve Implementation of Clarity in Federal Guidance and Better Access to Federal Information Could Improve Implementation of IncomeIncom e
Eligibility Rules, GAO-09-375, May 19, 2009, at https://www.gao.gov/products/A86193. Eligibility Rules, GAO-09-375, May 19, 2009, at https://www.gao.gov/products/A86193.
107 Ibid., p. 12. 107 Ibid., p. 12.
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Sponsor Reimbursement
The federal government has the authority to seek reimbursement from an alien’s sponsor for the The federal government has the authority to seek reimbursement from an alien’s sponsor for the
cost of FMTPBs provided to the sponsored alien.108 In other words, if an alien receives an cost of FMTPBs provided to the sponsored alien.108 In other words, if an alien receives an
FMTPB, then the granting agency can seek reimbursement from the immigrant’s sponsor. FMTPB, then the granting agency can seek reimbursement from the immigrant’s sponsor.
When SSA determines that an alien who is sponsored under an affidavit of support is receiving When SSA determines that an alien who is sponsored under an affidavit of support is receiving
SSI payments, the agency seeks repayment from the sponsor or refers the case to the Department SSI payments, the agency seeks repayment from the sponsor or refers the case to the Department
of Justice (DOJ) for appropriate action against the sponsor.109 However, SSA wil not seek of Justice (DOJ) for appropriate action against the sponsor.109 However, SSA wil not seek
repayment or refer the case to DOJ if more than 10 years have passed from the month that the repayment or refer the case to DOJ if more than 10 years have passed from the month that the
sponsored alien last received an SSI payment.110 sponsored alien last received an SSI payment.110
Recent Administrative Actions
A May 2019 presidential memorandumA May 2019 presidential memorandum directed relevant agencies to “update or issue procedures, directed relevant agencies to “update or issue procedures,
guidance, and regulations” to ensure existing immigration laws related to sponsor deeming and guidance, and regulations” to ensure existing immigration laws related to sponsor deeming and
reimbursement are enforced.111 In September 2020, U.S. Citizenship and Immigration Services reimbursement are enforced.111 In September 2020, U.S. Citizenship and Immigration Services
(USCIS), within the Department of Homeland Security (DHS), announced that it would launch a (USCIS), within the Department of Homeland Security (DHS), announced that it would launch a
new initiative of the Systematic Alien Verification for Entitlements (SAVE)112 “to help federal new initiative of the Systematic Alien Verification for Entitlements (SAVE)112 “to help federal
means-tested public benefit-granting agencies comply with federal laws, regulations and policies means-tested public benefit-granting agencies comply with federal laws, regulations and policies
related to financial support of aliens by their sponsors and agency reimbursement.”113 Under this related to financial support of aliens by their sponsors and agency reimbursement.”113 Under this
new initiative, SAVE implemented a sponsorship compliance functionality that consists of four new initiative, SAVE implemented a sponsorship compliance functionality that consists of four
questions about benefit eligibility, deeming, and reimbursement.114 USCIS requests that agencies questions about benefit eligibility, deeming, and reimbursement.114 USCIS requests that agencies
“share how they use the SAVE sponsorship information in their sponsor assessment and agency “share how they use the SAVE sponsorship information in their sponsor assessment and agency
reimbursement processes.”115 The goal is that this information wil al ow them to improve reimbursement processes.”115 The goal is that this information wil al ow them to improve
compliance with sponsor deeming and reimbursement laws and regulations. compliance with sponsor deeming and reimbursement laws and regulations.
The May 2019 presidential memorandum did not require SSA to issue any new guidance or The May 2019 presidential memorandum did not require SSA to issue any new guidance or
procedures to implement PRWORA’s sponsor deeming requirements. However, the procedures to implement PRWORA’s sponsor deeming requirements. However, the
memorandum instructed SSA to coordinate with other relevant agencies and departments in memorandum instructed SSA to coordinate with other relevant agencies and departments in
sharing information related to efforts to improve identification and collection of reimbursement. sharing information related to efforts to improve identification and collection of reimbursement.

108 8 U.S.C. §1183a(b). 108 8 U.S.C. §1183a(b).
109 SSA, POMS, “ SI 02220.065 Repayment by Alien Sponsors,” December 28, 2020, at https://secure.ssa.gov/109 SSA, POMS, “ SI 02220.065 Repayment by Alien Sponsors,” December 28, 2020, at https://secure.ssa.gov/
poms.nsf/lnx/0502220065. poms.nsf/lnx/0502220065.
110 Ibid. 110 Ibid.
111 White House, 111 White House, Memorandum on Enforcing the Legal Responsibilities of Sponsors of Aliens, Presidential Presidential
Memorandum, May 23, 2019, at https://trumpwhitehouse.archives.gov/presidential-actions/memorandum-enforcing-Memorandum, May 23, 2019, at https://trumpwhitehouse.archives.gov/presidential-actions/memorandum-enforcing-
legal-responsibilities-sponsors-aliens/. legal-responsibilities-sponsors-aliens/.
112 SAVE is an online service administered by USCIS and used by federal, state, and local benefit 112 SAVE is an online service administered by USCIS and used by federal, state, and local benefit -granting agencies. -granting agencies.
SAVE is utilized to obtain immigration status information to determine eligibility for public benefits based on SAVE is utilized to obtain immigration status information to determine eligibility for public benefits based on
noncitizen eligibility restrictions. T he SAVE system does not determine eligibility for specific programs, but rather noncitizen eligibility restrictions. T he SAVE system does not determine eligibility for specific programs, but rather
provides information on the noncitizen’s status so that the program’s administrators can make an eligibility provides information on the noncitizen’s status so that the program’s administrators can make an eligibility
determination. For more information, see DHS, USCIS, “ SAVE,” at https://www.uscis.gov/save. determination. For more information, see DHS, USCIS, “ SAVE,” at https://www.uscis.gov/save.
113 DHS, USCIS, “ SAVE Launches Sponsor Deeming and Agency Reimbursement Initiative,”113 DHS, USCIS, “ SAVE Launches Sponsor Deeming and Agency Reimbursement Initiative,” at at
https://www.uscis.gov/save/save-whats-new/save-launches-sponsor-deeming-and-agency-reimbursement -initiative. https://www.uscis.gov/save/save-whats-new/save-launches-sponsor-deeming-and-agency-reimbursement -initiative.
114 DHS, USCIS, 114 DHS, USCIS, SAVE Sponsorship Guide, September 2020, at https://www.uscis.gov/sites/default/files/document/September 2020, at https://www.uscis.gov/sites/default/files/document/
guides/SAVE%20 Sponsorship%20Guide.pdf. guides/SAVE%20 Sponsorship%20Guide.pdf.
115 DHS, USCIS, “ 115 DHS, USCIS, “ SAVE Launches Sponsor Deeming and Agency Reimbursement Initiative,”SAVE Launches Sponsor Deeming and Agency Reimbursement Initiative,” at at
https://www.uscis.gov/save/save-whats-new/save-launches-sponsor-deeming-and-agency-reimbursement -initiative. https://www.uscis.gov/save/save-whats-new/save-launches-sponsor-deeming-and-agency-reimbursement -initiative.
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In December 2020, SSA updated its guidance on how it “maintains records regarding each In December 2020, SSA updated its guidance on how it “maintains records regarding each
financial sponsor’s reimbursement obligations and status with law.”116 financial sponsor’s reimbursement obligations and status with law.”116
Public Charge
Under the Immigration and Nationality Act (INA), an alien may be denied admission into the Under the Immigration and Nationality Act (INA), an alien may be denied admission into the
United States or LPR status if he or she is “likely at any time to become a public charge.”117 The United States or LPR status if he or she is “likely at any time to become a public charge.”117 The
INA does not define the term INA does not define the term public charge. Thus, the determination of whether an alien is . Thus, the determination of whether an alien is
inadmissible on public charge grounds turns largely on standards set forth in agency guidance inadmissible on public charge grounds turns largely on standards set forth in agency guidance
materials. materials.
Since 1999, agency guidance118 hasFrom 1999-2019, agency guidance (formerly the Department of Justice’s Immigration and Naturalization Service, now DHS’s USCIS) defined public charge to mean a person who is or is defined public charge to mean a person who is or is likely to
likely to become primarily dependent on public cash assistance or government-funded become primarily dependent on public cash assistance or government-funded institutionalization
institutionalization for long-term care.for long-term care.118 This guidance identified four types of assistance, including SSI, considered in This guidance identified four types of assistance, including SSI, considered in
public charge determinations.public charge determinations.119 On August 15, 2019, DHS published a final rule that This definition was changed by an August 15, 2019, USCIS Final Rule,119 which expanded expanded
the list of public benefits considered in the list of public benefits considered in public charge determinationspublic charge determinations to include nine programs,
, keeping SSI on the list.120 However, as of March 9, 2021, USCIS reverted back to the 1999 definition.121 In sum, the inclusion of SSI in public charge determinations has remained consistent and was not affected by the 2019 Final Rule or the reversal back to the 1999 guidance. Data This section of the report describes the characteristics of noncitizens receiving SSI payments in December 2019, the latest month for which data were available at the time of publication. It then presents trends among noncitizens over time for SSI recipients, SSI applications, and SSI awards by age group. Characteristics of Current SSI Recipients According to the most recent data publicly available from SSA, in December 2019, 430,352 noncitizens received an SSI payment, representing 5.3% of the nearly 8.1 mil ion SSI recipientskeeping SSI on the list.120 The final rule also defined public charge as someone “more likely than
not at any time in the future to receive one or more public benefits ... for more than 12 months
within any 36-month period.”
During the comment period, some members of the public expressed their views on the rule’s
continued consideration of SSI for public charge purposes. According to DHS,
Multiple commenters opposed the inclusion of SSI and stated that SSI supports children
with disabilities, and that a child who begins receiving SSI is less likely to fall below the
poverty line. The commenters stated that the inclusion of SSI in the public charge rule
threatens the health, safety, and well-being of the children and families that receive it.121
DHS also noted, “other commenters asserted that only U.S. citizens should receive SSI.”122
In response to these comments, DHS stated that it would continue to include SSI as a public
benefit “because it provides monthly income payments for people with limited resources, is
financed through general revenues, and has high expenditures.”123 Furthermore, DHS stated that

116 SSA, POMS Recent Change, “ SI 02220 T N 60” Recovery Procedures for Supplemental Security Income 116 SSA, POMS Recent Change, “ SI 02220 T N 60” Recovery Procedures for Supplemental Security Income
Overpayments,” December 28, 2020, https://secure.ssa.gov/apps10/reference.nsf/links/12282020080113PM. (See also Overpayments,” December 28, 2020, https://secure.ssa.gov/apps10/reference.nsf/links/12282020080113PM. (See also
footnotfootnote 109.) For SSA’s prior guidance on repayment by sponsors, see SSA, POMS, “ SI 02220.065 Recovery from .) For SSA’s prior guidance on repayment by sponsors, see SSA, POMS, “ SI 02220.065 Recovery from
Alien’s Sponsor of Payments Made to the Alien,” September 12, 2008, Alien’s Sponsor of Payments Made to the Alien,” September 12, 2008,
https://web.archive.org/web/20201019032943/https://secure.ssa.gov/poms.nsf/lnx/0502220065. https://secure.ssa.gov/poms.nsf/lnx/0502220065.
117 8 U.S.C. §1182(a)(4). 117 8 U.S.C. §1182(a)(4).
118 DOJ, Immigration and Naturalization Service, “Field Guidance on Deportability and Inadmissibility on Public 118 DOJ, Immigration and Naturalization Service, “Field Guidance on Deportability and Inadmissibility on Public
Charge Grounds,”Charge Grounds,” 64 64 Federal Register 28689, March 26, 1999, at https://www.govinfo.gov/content/pkg/FR-1999-05-28689, March 26, 1999, at https://www.govinfo.gov/content/pkg/FR-1999-05-
26/pdf/99-13202.pdf. T he Department of Homeland Security, 26/pdf/99-13202.pdf. T he Department of Homeland Security, foundedestablished in 2002, in 2002, is the agency includes the agencies that are currently responsible for currently responsible for
most federal immigration functions.most federal immigration functions.
119 For more information, see CRS In Focus IF11467, 119 For more information, see CRS In Focus IF11467, Immigration: Public Charge. .
120 DHS, USCIS, “Inadmissibility on Public Charge Grounds,” 84120 DHS, USCIS, “Inadmissibility on Public Charge Grounds,” 84 Federal Register 41292, August 14, 2019, at 41292, August 14, 2019, at
https://www.federalregister.gov/documents/2019/08/14/2019-17142/inadmissibility-on-public-charge-grounds. https://www.federalregister.gov/documents/2019/08/14/2019-17142/inadmissibility-on-public-charge-grounds.
121 DHS, USCIS, letter to interagency partners, April 12, 2021, at https://www.uscis.gov/sites/default/files/document/notices/SOPDD-Letter-to-USCIS-Interagency-Partners-on-Public-Charge.pdf. Congressional Research Service 18 link to page 24 Noncitizen Eligibility for Supplemental Security Income (SSI) overal .122121 Ibid., p. 41372.
122 Ibid., p. 41373.
123 Ibid.
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including SSI in the rule “is important in ensuring that aliens are self-sufficient and rely on their
own capabilities and the resources of their families, their sponsors, and private organizations.”124
Data
This section of the report describes the characteristics of noncitizens receiving SSI payments in
December 2019, the latest month for which data were available at the time of publication. It then
presents trends among noncitizens over time for SSI recipients, SSI applications, and SSI awards
by age group.
Characteristics of Current SSI Recipients
According to the most recent data publicly available from SSA, in December 2019, 430,352
noncitizens received an SSI payment, representing 5.3% of the nearly 8.1 mil ion SSI recipients
overal .125 The average SSI payment to noncitizens that month was $502.32, compared with an The average SSI payment to noncitizens that month was $502.32, compared with an
average SSI payment to citizens of $569.26. average SSI payment to citizens of $569.26.126123
Table 2 outlines the characteristics of noncitizens receiving SSI payments in December 2019. outlines the characteristics of noncitizens receiving SSI payments in December 2019.
Nearly three-fourths (73.5%) were aged 65 or older, 25.7% were adults with disabilities aged 18 Nearly three-fourths (73.5%) were aged 65 or older, 25.7% were adults with disabilities aged 18
to 64, and 0.7% were children with disabilitiesto 64, and 0.7% were children with disabilities under age 18. Three-fifths (60.0%) were female. under age 18. Three-fifths (60.0%) were female.
Just over half (50.6%) concurrently received a Social Security benefit and 1.2% reported earnings Just over half (50.6%) concurrently received a Social Security benefit and 1.2% reported earnings
from work. from work.
The top five states of residence among noncitizens receiving SSI in December 2019 were The top five states of residence among noncitizens receiving SSI in December 2019 were
California (30.8%), Texas (14.3%), New York (12.6%), Florida (12.4%), and New Jersey (2.5%). California (30.8%), Texas (14.3%), New York (12.6%), Florida (12.4%), and New Jersey (2.5%).
Al other states combined accounted for 27.4% of noncitizens receiving SSI. Al other states combined accounted for 27.4% of noncitizens receiving SSI.
The top five countries of origin among noncitizens receiving SSI in December 2019 were Mexico The top five countries of origin among noncitizens receiving SSI in December 2019 were Mexico
(35.6%), Cuba (9.8%), Dominican Republic (7.1%), Vietnam (4.1%), and China (3.4%). Al other (35.6%), Cuba (9.8%), Dominican Republic (7.1%), Vietnam (4.1%), and China (3.4%). Al other
countries of origin combined accounted for 40.0% of noncitizens receiving SSI. countries of origin combined accounted for 40.0% of noncitizens receiving SSI.
Table 2. Characteristics of Noncitizens Receiving SSI Payments, December 2019
Characteristic
Number of Recipients
Percentage Distribution
Total
430,352
100.0
Age Age


Under 18 Under 18
3,056 3,056
0.7 0.7
18-64 18-64
110,783 110,783
25.7 25.7
65 or older 65 or older
316,513 316,513
73.5 73.5
Gender Gender


Male Male
172,161 172,161
40.0 40.0
Female Female
258,191 258,191
60.0 60.0

124 Ibid.
125 Income Sources Social Security Yes 217,966 50.6 No 212,386 49.4 Earnings Yes 5,320 1.2 No 425,032 98.8 State of Residence California 132,472 30.8 Texas 61,647 14.3 New York 54,092 12.6 Florida 53,291 12.4 New Jersey 10,886 2.5 122 SSA, SSA, SSI Annual Statistical Report, 2019, August 2020, T able 29, at , August 2020, T able 29, at
https://www.ssa.gov/policy/docs/statcomps/ssi_asr/2019/sect05.html#table29. https://www.ssa.gov/policy/docs/statcomps/ssi_asr/2019/sect05.html#table29.
126123 SSA, SSA, SSI Annual Statistical Report, 2019, August 2020, T able 6, at , August 2020, T able 6, at
https://www.ssa.gov/policy/docs/statcomps/ssi_asr/2019/sect02.html#table6. https://www.ssa.gov/policy/docs/statcomps/ssi_asr/2019/sect02.html#table6.
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Characteristic
Number of Recipients
Percentage Distribution
Income Sources


Social Security


Yes
217,966
50.6
No
212,386
49.4
Earnings


Yes
5,320
1.2
No
425,032
98.8
State of Residence


California
132,472
30.8
Texas
61,647
14.3
New York
54,092
12.6
Florida
53,291
12.4
New Jersey
10,886
2.5
Al Others Al Others
117,964 117,964
27.4 27.4
Country of Origin Country of Origin


Mexico Mexico
153,295 153,295
35.6 35.6
Cuba Cuba
42,150 42,150
9.8 9.8
Dominican Republic Dominican Republic
30,564 30,564
7.1 7.1
Vietnam Vietnam
17,505 17,505
4.1 4.1
China China
14,830 14,830
3.4 3.4
Al Others Al Others
172,008 172,008
40.0 40.0
Source: CRS, based on data from Social Security Administration (SSA), CRS, based on data from Social Security Administration (SSA), SSI Annual Statistical Report, 2019, August , August
2020, Tables 30, 31, and 31, at https://www.ssa.gov/policy/docs/statcomps/ssi_asr/2019/sect05.html. 2020, Tables 30, 31, and 31, at https://www.ssa.gov/policy/docs/statcomps/ssi_asr/2019/sect05.html.
Trends
As noted earlier, PRWORA established restrictions on the eligibility of noncitizens for public As noted earlier, PRWORA established restrictions on the eligibility of noncitizens for public
benefits. These policy changes were at least partial y in response to growth in noncitizens’ receipt benefits. These policy changes were at least partial y in response to growth in noncitizens’ receipt
of means-tested public benefits in the 1980s and early 1990s.of means-tested public benefits in the 1980s and early 1990s.127124 As described in detail in the As described in detail in the
section on section on “Restrictions on Noncitizen Eligibility” and summarized iand summarized in Table 1, currently, most currently, most
qualified aliens are deemed to be ineligible for SSI, with certain exceptions. PRWORA general y qualified aliens are deemed to be ineligible for SSI, with certain exceptions. PRWORA general y

127 requires LPRs to amass 40 qualifying quarters of work after entering the United States. It also bars many qualified aliens from receiving federal means-tested public benefits for five years after entry/grant of status. Certain humanitarian categories of noncitizens are permitted to receive SSI on a time-limited basis for the first seven years after entry/grant of status.125 The figures and discussion below present data on SSI recipients, applications, and awards in various years. Recipients refers to individuals who received an SSI payment in a given year, applications refers to individuals who submitted an application for SSI payments in a given year, and awards refers to individuals who were newly added to the SSI rolls upon being awarded SSI payments in a given year (i.e., applicants who became recipients). Figure 1 shows the trends in noncitizen SSI recipients, in terms of both the absolute number of noncitizens receiving SSI and the number of noncitizens receiving SSI as a percentage of al SSI recipients. Both measures increased substantial y between 1982 and their peaks in 1995, when 124 In the early 1990s, reports and congressional testimony by GAO, as well as academic research, had focused In the early 1990s, reports and congressional testimony by GAO, as well as academic research, had focused
attention on the growth in welfare program participation by immigrants relative to native -born individuals. T he number attention on the growth in welfare program participation by immigrants relative to native -born individuals. T he number
of legal immigrants receiving SSI had increased from 3% of all SSI recipients in 1982 to over 11% of all SSI recipients of legal immigrants receiving SSI had increased from 3% of all SSI recipients in 1982 to over 11% of all SSI recipients
in 1993, with the growth concentrated among SSI recipients aged 65 or older. See GAO, in 1993, with the growth concentrated among SSI recipients aged 65 or older. See GAO, Supplem ental Security
Incom e: Recent Growth in the Rolls Raises Fundam ental ProgramProg ram Concerns
, Statement of Jane L. Ross, Director, , Statement of Jane L. Ross, Director,
Income Security Issues, Health, Education, and Human Services Division, GAO/T -HEHS-95-67, 1995, at Income Security Issues, Health, Education, and Human Services Division, GAO/T -HEHS-95-67, 1995, at
https://www.gao.gov/assets/110/105770.pdf. See also GAO, https://www.gao.gov/assets/110/105770.pdf. See also GAO, Welfare Reform : Im plications of Proposals on Legal
Immigrants’ Benefit
s, GAO/HEHS-95-58, 1995, at https://www.gao.gov/assets/230/220854.pdf; George J. Borjas, “The s, GAO/HEHS-95-58, 1995, at https://www.gao.gov/assets/230/220854.pdf; George J. Borjas, “The
Economics of Immigration,” Economics of Immigration,” Journal of Economic Literature, vol. 32, no. 4, 1994, at https://www.jstor.org/stable/pdf/, vol. 32, no. 4, 1994, at https://www.jstor.org/stable/pdf/
2728791.pdf; and George J. Borjas, “ Immigration and Welfare, 1970-1990,” National Bureau of Economic Research 2728791.pdf; and George J. Borjas, “ Immigration and Welfare, 1970-1990,” National Bureau of Economic Research
Working Paper No. 4872, 1994, at https://www.nber.org/system/files/working_papers/w4872/w4872.pdf. Working Paper No. 4872, 1994, at https://www.nber.org/system/files/working_papers/w4872/w4872.pdf.
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requires LPRs to amass 40 qualifying quarters of work after entering the United States. It also
bars many qualified aliens from receiving federal means-tested public benefits for five years after
entry/grant of status. Certain humanitarian categories of noncitizens are permitted to receive SSI
on a time-limited basis for the first seven years after entry/grant of status.128
The figures and discussion below present data on SSI recipients, applications, and awards in
various years. Recipients refers to individuals who received an SSI payment in a given year,
applications refers to individuals who submitted an application for SSI payments in a given year,
and awards refers to individuals who were newly added to the SSI rolls upon being awarded SSI
payments in a given year (i.e., applicants who became recipients).
Figure 1 shows the trends in noncitizen SSI recipients, in terms of both the absolute number of
noncitizens receiving SSI and the number of noncitizens receiving SSI as a percentage of al SSI
recipients. Both measures increased substantial y between 1982 and their peaks in 1995, when
125 In December 2019, approximately 46,000 noncitizens in the humanitarian categories received SSI payments, representing almost 11% of all noncitizens receiving SSI payments and about 0.6% of all SSI recipients. See SSA, OCACT , Annual Report of the Supplem ental Security Income Program , May 2020, p. 8, footnote 2, at https://www.ssa.gov/oact/ssir/SSI20/ssi2020.pdf. Congressional Research Service 20 link to page 23 Noncitizen Eligibility for Supplemental Security Income (SSI) approximately 785,000 noncitizens received SSI payments, representing 12.1% of al SSI approximately 785,000 noncitizens received SSI payments, representing 12.1% of al SSI
recipients.recipients.129126 Contributing to the growth in noncitizens receiving SSI payments, in 1995 Contributing to the growth in noncitizens receiving SSI payments, in 1995
noncitizens accounted for 31.8% of SSI recipients who first became eligible for SSI payments at noncitizens accounted for 31.8% of SSI recipients who first became eligible for SSI payments at
age 65 or older. age 65 or older.130127
The number of noncitizens receiving SSI declined markedly in 1996 and 1997 The number of noncitizens receiving SSI declined markedly in 1996 and 1997 fol owingfollowing
PRWORA’s enactment. Some studies characterize PRWORA as having had a PRWORA’s enactment. Some studies characterize PRWORA as having had a chilling effect that that
“deterred many immigrants entitled to public benefits and services from using them due to “deterred many immigrants entitled to public benefits and services from using them due to
confusion about eligibility criteria and fears that users would be unable to sponsor family confusion about eligibility criteria and fears that users would be unable to sponsor family
members in the future.”members in the future.”131128 Others note that a portion of the decline in receipt of public benefits Others note that a portion of the decline in receipt of public benefits
can be explained by growth in the number of naturalizations among noncitizens during the can be explained by growth in the number of naturalizations among noncitizens during the
1990s.1990s.132129 A research paper published by SSA notes that at least part of the decline is from the A research paper published by SSA notes that at least part of the decline is from the
reclassification of noncitizens who had previously become citizens but had not updated their reclassification of noncitizens who had previously become citizens but had not updated their
status with SSA, which was not required at the time.status with SSA, which was not required at the time.133130 They updated their status in the wake of They updated their status in the wake of
PRWORA to continue to receive SSI payments. The paper notes, PRWORA to continue to receive SSI payments. The paper notes,
There are a number of reasons for this .... Another reason is that many recipients who had There are a number of reasons for this .... Another reason is that many recipients who had
not been citizens when they applied for SSI, had become citizens later but had never not been citizens when they applied for SSI, had become citizens later but had never
changed their status with SSA. There was no requirement to do so, as it did not then affect changed their status with SSA. There was no requirement to do so, as it did not then affect
their eligibility for payments. their eligibility for payments.

128 In December 2019, approximately 46,000 noncitizens in the humanitarian categories received SSI payments,
representing almost 11% of all noncitizens receiving SSI payments and about 0.6% of all SSI recipients. See SSA,
OCACT , Annual Report of the Supplem ental Security Income Program , May 2020, p. 8, footnote 2, at
https://www.ssa.gov/oact/ssir/SSI20/ssi2020.pdf.
129 The passage of P.L. 104-193 in August 1996, and other legislative changes in 1996 and 1997 [associated with PRWORA], modified the eligibility requirements for SSI payment to people who were not citizens. In notifying the current recipients of these changes, SSA urged them to make the agency aware of changes in their citizenship status. In addition, SSA reviewed its various record systems to find information that would allow updating of citizenship status for some recipients. Thus, while there has been a drop in the number of noncitizens, many of these people continue to receive SSI payments. They just are no longer counted as noncitizens.131 The number of noncitizens receiving SSI rebounded slightly from 1998 through 2002, and then began a period of decline through 2019.132 Individuals aged 65 or older remained the largest group of noncitizens receiving SSI throughout this period. In 2019, noncitizens accounted for 126 Although the SSI program first paid benefits in 1974, data on noncitizens receiving SSI are publicly available Although the SSI program first paid benefits in 1974, data on noncitizens receiving SSI are publicly available
beginning with 1982. beginning with 1982.
130127 T homas M. Parrott, Lenna D. Kennedy, and Charles G. Scott, “Noncitizens and the Supplemental Security Income T homas M. Parrott, Lenna D. Kennedy, and Charles G. Scott, “Noncitizens and the Supplemental Security Income
Program,” Program,” Social Security Bulletin, vol. 61, no. 4, October 1998, T able 2, p. 18, at , vol. 61, no. 4, October 1998, T able 2, p. 18, at
https://www.ssa.gov/policy/docs/ssb/v61n4/v61n4p3.pdf (hereinafter, “https://www.ssa.gov/policy/docs/ssb/v61n4/v61n4p3.pdf (hereinafter, “ Parrott, Kennedy, and Scott (1998)”). Parrott, Kennedy, and Scott (1998)”).
131128 Jeanne Batalova, Michael Fix, and Mark Greenberg, “Chilling Effects: T he Expected Public Jeanne Batalova, Michael Fix, and Mark Greenberg, “Chilling Effects: T he Expected Public Ch argeCharge Rule and Its Rule and Its
Impact on Legal Immigrant Families’ Public Benefits Use,” Impact on Legal Immigrant Families’ Public Benefits Use,” Migration Policy Institute, June 2018, p. 14, at June 2018, p. 14, at
https://www.migrationpolicy.org/sites/default/files/publications/ProposedPublicChargeRule-Final-Web.pdf. https://www.migrationpolicy.org/sites/default/files/publications/ProposedPublicChargeRule-Final-Web.pdf.
132 129 Jennifer Van Hook, “Welfare Reform’s Chilling Effects on Noncitizens: Changes in Noncitizen Welfare Recipiency Jennifer Van Hook, “Welfare Reform’s Chilling Effects on Noncitizens: Changes in Noncitizen Welfare Recipiency
or Shifts in Citizenship Status?” or Shifts in Citizenship Status?” Social Science Quarterly, vol. 84, no. 3, September 2003, at vol. 84, no. 3, September 2003, at
https://www.jstor.org/stable/42955891. https://www.jstor.org/stable/42955891.
133130 SSA now requires SSI recipients to report changes in citizenship or immigration status. See SSA, “Understanding SSA now requires SSI recipients to report changes in citizenship or immigration status. See SSA, “Understanding
Supplemental Security Income Reporting Responsibilities, 2020 Edition,” at https://www.ssa.gov/ssi/text-reportSupplemental Security Income Reporting Responsibilities, 2020 Edition,” at https://www.ssa.gov/ssi/text-report -
ussi.htm.
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Noncitizen Eligibility for Supplemental Security Income (SSI)

The passage of P.L. 104-193 in August 1996, and other legislative changes in 1996 and
1997 [associated with PRWORA], modified the eligibility requirements for SSI payment
to people who were not citizens. In notifying the current recipients of these changes, SSA
urged them to make the agency aware of changes in their citizenship status. In addition,
SSA reviewed its various record systems to find information that would allow updating of
citizenship status for some recipients. Thus, while there has been a drop in the number of
noncitizens, many of these people continue to receive SSI payments. They just are no
longer counted as noncitizens.134
The number of noncitizens receiving SSI rebounded slightly from 1998 through 2002, and then
began a period of decline through 2019.135 Individuals aged 65 or older remained the largest
group of noncitizens receiving SSI throughout this period. In 2019, noncitizens accounted for-ussi.htm. 131 Parrott, Kennedy, and Scott (1998), p. 17. 132 In recent years, some of the decline may have been due to chilling effects in anticipation of the new public charge final rule, published by DHS on August 15, 2019. See, for example, the analysis by Jeanne Batalova, Michael Fix, and Mark Greenberg, “Chilling Effects: T he Expected Public Charge Rule and Its Impact on Legal Immigrant Families’ Public Benefits Use,” Migration Policy Institute, June 2018, at https://www.migrationpolicy.org/sites/default/files/publications/ProposedPublicChargeRule-Final-Web.pdf. For more information, see the “ Public Charge” section above. Congressional Research Service 21 link to page 28 link to page 28 link to page 28 link to page 28 link to page 28 link to page 28 Noncitizen Eligibility for Supplemental Security Income (SSI)
13.8% of al SSI recipients aged 65 or older, compared with 2.4% of SSI recipients aged 18 to 64 13.8% of al SSI recipients aged 65 or older, compared with 2.4% of SSI recipients aged 18 to 64
and 0.3% of SSI recipients under age 18. The declining percentage for those aged 18 to 64 may and 0.3% of SSI recipients under age 18. The declining percentage for those aged 18 to 64 may
reflect PRWORA’s eligibility limitations, such as the requirement for LPRs to have 40 qualifying reflect PRWORA’s eligibility limitations, such as the requirement for LPRs to have 40 qualifying
quarters of work (or be credited with such qualifying quarters from an eligible spouse or parent). quarters of work (or be credited with such qualifying quarters from an eligible spouse or parent).
Historical y, Historical y, the number of noncitizens under age 18 receiving SSI has been smal .the number of noncitizens under age 18 receiving SSI has been smal .136133
Figure 1. Noncitizens Receiving SSI, by Age Group, 1982-2019

Source: CRS, based on data fromCRS, based on data from SSA, SSA, SSI Annual Statistical Report, 2019, August 2020, Tables 4 and 29, at , August 2020, Tables 4 and 29, at
https://www.ssa.gov/policy/docs/statcomps/ssi_asr/index.html. https://www.ssa.gov/policy/docs/statcomps/ssi_asr/index.html.
Notes: Data by age group are not consistently available prior to 1999. Data by age group are not consistently available prior to 1999.
Underlying the trends in the number of noncitizens receiving SSI are the trends in SSI Underlying the trends in the number of noncitizens receiving SSI are the trends in SSI
applications from, and awards to, noncitizensapplications from, and awards to, noncitizens. Figure 2 displays the number of SSI applications displays the number of SSI applications
from noncitizens, as wel as noncitizen SSI applications as a percentage of al SSI applications from noncitizens, as wel as noncitizen SSI applications as a percentage of al SSI applications
(by age group when available) for 1982 through (by age group when available) for 1982 through 2019. Figure 3 presents the number of SSI presents the number of SSI

134 Parrott, Kennedy, and Scott (1998), p. 17.
135 In recent years, some of the decline may have been due to chilling effects in anticipation of the new public charge
final rule, published by DHS on August 15, 2019. See, for example, the analysis by Jeanne Batalova, Michael Fix, and
Mark Greenberg, “Chilling Effects: T he Expected Public Charge Rule and Its Impact on Legal Immigrant Families’
Public Benefits Use,” Migration Policy Institute, June 2018, at
https://www.migrationpolicy.org/sites/default/files/publications/ProposedPublicChargeRule-Final-Web.pdf. For more
information, see the “ Public Charge” section above.
136 For estimates for 1990-1995, see Clark D. Pickett and Charles G. Scott, “Reinventing SSI Statistics: SSA’s New
Longitudinal File,” Social Security Bulletin, vol. 59, no. 2, April 1996, Appendix T able C, at
https://www.ssa.gov/policy/docs/ssb/v59n2/v59n2p31.pdf.
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Noncitizen Eligibility for Supplemental Security Income (SSI)

awards to noncitizens, along with noncitizen SSI awards as a percentage of al SSI awards, by age awards to noncitizens, along with noncitizen SSI awards as a percentage of al SSI awards, by age
group, for 1994 through 2019. group, for 1994 through 2019.137134
The applications data i The applications data in Figure 2 show sharp decreases from 1994 through 1997, most show sharp decreases from 1994 through 1997, most
pronounced among applicants aged 18 to 64, but also evident for applicants aged 65 or older. pronounced among applicants aged 18 to 64, but also evident for applicants aged 65 or older.
Applications quickly rebounded in the late 1990s and continued to rise through 2010, after which Applications quickly rebounded in the late 1990s and continued to rise through 2010, after which
they have steadily declined among noncitizens aged 18 to 64 and 65 or older. Applications from they have steadily declined among noncitizens aged 18 to 64 and 65 or older. Applications from
noncitizens aged 65 or older previously had accounted for as much as one-third of al SSI noncitizens aged 65 or older previously had accounted for as much as one-third of al SSI
applications from individuals aged 65 or older. They accounted for 26.0% in 2019. SSI applications from individuals aged 65 or older. They accounted for 26.0% in 2019. SSI
applications from noncitizens aged 18 to 64 have general y ranged from about 3% to about 6% of applications from noncitizens aged 18 to 64 have general y ranged from about 3% to about 6% of
al SSI applications from individuals aged 18 to 64, and remained relatively stable from 2006 al SSI applications from individuals aged 18 to 64, and remained relatively stable from 2006
through 2018 before declining slightly in 2019. SSI applications from noncitizens under age 18 through 2018 before declining slightly in 2019. SSI applications from noncitizens under age 18
have been less than 1% of al SSI applications from individuals under age 18 for the entire 1994 have been less than 1% of al SSI applications from individuals under age 18 for the entire 1994
to 2019 period. to 2019 period.
133 For estimates for 1990-1995, see Clark D. Pickett and Charles G. Scott, “Reinventing SSI Statistics: SSA’s New Longitudinal File,” Social Security Bulletin, vol. 59, no. 2, April 1996, Appendix T able C, at https://www.ssa.gov/policy/docs/ssb/v59n2/v59n2p31.pdf. 134 Data on SSI applications from and awards to noncitizens by age group are not publicly available for years prior to 1994. Parrott, Kennedy, and Scott (1998) included data on all SSI applications from noncitizens going back to 1982, but did not include data on SSI applications from noncitizens by age group until 1994. T hey did not include data on SSI awards to noncitizens until 1994. T his is why the time frame and age group details differ between Figure 2 and Figure 3. Congressional Research Service 22 link to page 28 Noncitizen Eligibility for Supplemental Security Income (SSI) Figure 2. Applications for SSI by Noncitizens, by Age Group, 1982-2019

Source: CRS, based on data from the fol owing sources: For 1982-1993, Thomas M. Parrott, Lenna D. Kennedy, CRS, based on data from the fol owing sources: For 1982-1993, Thomas M. Parrott, Lenna D. Kennedy,
and Charles G. Scott, “Noncitizens and the Supplemental Security Income Program,” and Charles G. Scott, “Noncitizens and the Supplemental Security Income Program,” Social Security Bul etin, vol. , vol.
61, no. 4, October 1998, Table 1, p. 17, at https://www.ssa.gov/policy/docs/ssb/v61n4/v61n4p3.pdf; for 1994-61, no. 4, October 1998, Table 1, p. 17, at https://www.ssa.gov/policy/docs/ssb/v61n4/v61n4p3.pdf; for 1994-
2019: SSA, 2019: SSA, SSI Annual Statistical Report, various years, applications section, at https://www.ssa.gov/policy/docs/, various years, applications section, at https://www.ssa.gov/policy/docs/
statcomps/ssi_asr/index.html. statcomps/ssi_asr/index.html.
Notes: Data by age group are not available for 1982-1993. Data by age group are not available for 1982-1993.
The SSI awards data i The SSI awards data in Figure 3 show the same sharp declines for 1994 through 1997, driven show the same sharp declines for 1994 through 1997, driven
almost equal y by declines among noncitizens aged 65 or older and noncitizens aged 18 to 64. almost equal y by declines among noncitizens aged 65 or older and noncitizens aged 18 to 64.
Awards to both groups almost fully rebounded in 1998, followed by long steady declines through Awards to both groups almost fully rebounded in 1998, followed by long steady declines through
2019. SSI awards to noncitizens aged 65 or older as a percentage of al SSI awards to individuals 2019. SSI awards to noncitizens aged 65 or older as a percentage of al SSI awards to individuals
aged 65 or older have historical y been larger than analogous measures for the 18 to 64 and under aged 65 or older have historical y been larger than analogous measures for the 18 to 64 and under
18 age groups. SSI awards to noncitizens aged 65 or older as a percentage of al SSI awards to 18 age groups. SSI awards to noncitizens aged 65 or older as a percentage of al SSI awards to
individuals aged 65 or older decreased from 32.1% in 1999 to 13.9% in 2019. SSI awards to individuals aged 65 or older decreased from 32.1% in 1999 to 13.9% in 2019. SSI awards to
noncitizens aged 18 to 64 as a percentage of al SSI awards to individuals aged 18 to 64 have also noncitizens aged 18 to 64 as a percentage of al SSI awards to individuals aged 18 to 64 have also
been gradual y declining, from as high as 8.0% in 1998 to 2.7% in 2019. Historical y, few SSI been gradual y declining, from as high as 8.0% in 1998 to 2.7% in 2019. Historical y, few SSI
awards have been made to noncitizens under age 18. awards have been made to noncitizens under age 18.138

137 Data on SSI applications from and awards to noncitizens by age group are not publicly available for years prior to
1994. Parrot t, Kennedy, and Scott (1998) included data on all SSI applications from noncitizens going back to 1982,
but did not include data on SSI applications from noncitizens by age group until 1994. T hey did not include data on SSI
awards to noncitizens until 1994. T his is why the time frame and age group details differ between Figure 2 and Figure
3
.

138 For estimates for 1990-1995, see Clark D. Pickett and Charles G. Scott, “Reinventing SSI Statistics: SSA’s New
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135
Figure 3. SSI Awards to Noncitizens, by Age Group, 1994-2019

Source: CRS, based on data from SSA, CRS, based on data from SSA, SSI Annual Statistical Report, various years, awards section, at , various years, awards section, at
https://www.ssa.gov/policy/docs/statcomps/ssi_asr/index.html. https://www.ssa.gov/policy/docs/statcomps/ssi_asr/index.html.


135 For estimates for 1990-1995, see Clark D. Pickett and Charles G. Scott, “Reinventing SSI Statistics: SSA’s New Longitudinal File,” Longitudinal File,” Social Security Bulletin, vol. 59, no. 2, April 1996, Appendix T able I, at , vol. 59, no. 2, April 1996, Appendix T able I, at
https://www.ssa.gov/policy/docs/ssb/v59n2/v59n2p31.pdf. See also Lenna Kennedy and Jack Schmulowitz, “ SSIhttps://www.ssa.gov/policy/docs/ssb/v59n2/v59n2p31.pdf. See also Lenna Kennedy and Jack Schmulowitz, “ SSI
Payments to Lawfully Resident Aliens, 1978Payments to Lawfully Resident Aliens, 1978 -79,” -79,” Social Security Bulletin, vol. 43, no. 3, March 1980, T able 1, at , vol. 43, no. 3, March 1980, T able 1, at
https://www.ssa.gov/policy/docs/ssb/v43n3/v43n3p3.pdf. https://www.ssa.gov/policy/docs/ssb/v43n3/v43n3p3.pdf.
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Appendix. Selected Resources on Noncitizen
Eligibility for SSI

General Information
 Social Security Administration (SSA), “Spotlight on SSI Benefits for Aliens—  Social Security Administration (SSA), “Spotlight on SSI Benefits for Aliens—
2020 Edition,” at https://www.ssa.gov/ssi/spotlights/spot-non-citizens.htm. 2020 Edition,” at https://www.ssa.gov/ssi/spotlights/spot-non-citizens.htm.
 SSA,  SSA, Supplemental Security Income (SSI) for Non-Citizens, Publication No. 05-, Publication No. 05-
11051, September 2019, at https://www.ssa.gov/pubs/EN-05-11051.pdf. 11051, September 2019, at https://www.ssa.gov/pubs/EN-05-11051.pdf.
 SSA, “Understanding Supplemental Security Income SSI Eligibility  SSA, “Understanding Supplemental Security Income SSI Eligibility
Requirements—2020 Edition,” at https://ssa.gov/ssi/text-eligibility-ussi.htm. Requirements—2020 Edition,” at https://ssa.gov/ssi/text-eligibility-ussi.htm.
 SSA, Office the Chief Actuary,  SSA, Office the Chief Actuary, Annual Report of the Supplemental Security
Income Program, 2020, May 29, 2020, pp. 7-9 and 13-14, at , May 29, 2020, pp. 7-9 and 13-14, at
https://www.ssa.gov/oact/ssir/SSI20/index.html. https://www.ssa.gov/oact/ssir/SSI20/index.html.
Policy Manual
 SSA, Program Operations Manual System (POMS), “SI 00502.000 SSI Alien  SSA, Program Operations Manual System (POMS), “SI 00502.000 SSI Alien
Eligibility,” April 20, 2020, at Eligibility,” April 20, 2020, at
https://secure.ssa.gov/apps10/poms.nsf/lnx/0500502000. https://secure.ssa.gov/apps10/poms.nsf/lnx/0500502000.
 U.S. Department of Homeland Security, U. S. Citizenship and Immigration  U.S. Department of Homeland Security, U. S. Citizenship and Immigration
Services, Services, Appendix: Eligibility for Public Benefits, at , at
https://www.uscis.gov/sites/default/files/document/policy-manual-https://www.uscis.gov/sites/default/files/document/policy-manual-
resources/Appendix-EligibilityforPublicBenefits.pdf. resources/Appendix-EligibilityforPublicBenefits.pdf.
Historical Background
 Thomas M. Parrott, Lenna D. Kennedy, and Charles G. Scott, “Noncitizens and  Thomas M. Parrott, Lenna D. Kennedy, and Charles G. Scott, “Noncitizens and
the Supplemental Security Income Program,” the Supplemental Security Income Program,” Social Security Bulletin, vol. 61, , vol. 61,
no. 4, October 1998, at https://www.ssa.gov/policy/docs/ssb/v61n4/v61n4p3.pdf. no. 4, October 1998, at https://www.ssa.gov/policy/docs/ssb/v61n4/v61n4p3.pdf.
 SSA,  SSA, Annual Statistical Supplement, 2020, “Supplemental Security Income , “Supplemental Security Income
Program Description and Legislative History,” pp. 19-20 and 23-24, at Program Description and Legislative History,” pp. 19-20 and 23-24, at
https://www.ssa.gov/policy/docs/statcomps/supplement/2020/ssi.html. https://www.ssa.gov/policy/docs/statcomps/supplement/2020/ssi.html.
 SSA, Office of the Chief Actuary,  SSA, Office of the Chief Actuary, Annual Report of the Supplemental Security
Income Program, 2020, May 29, 2020, pp. 7-9 and 67-68, at , May 29, 2020, pp. 7-9 and 67-68, at
https://www.ssa.gov/oact/ssir/SSI20/index.html. https://www.ssa.gov/oact/ssir/SSI20/index.html.
Data
 SSA,  SSA, SSI Annual Statistical Report, 2019, August 2020, Tables 6, 19, 29-33, 58-, August 2020, Tables 6, 19, 29-33, 58-
60, and 64-66, at https://www.ssa.gov/policy/docs/statcomps/ssi_asr/2019/ 60, and 64-66, at https://www.ssa.gov/policy/docs/statcomps/ssi_asr/2019/
index.html. index.html.

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Author Information

Abigail F. Kolker, Coordinator Abigail F. Kolker, Coordinator
Paul S. Davies Paul S. Davies
Analyst in Immigration Policy Analyst in Immigration Policy
Specialist in Income Security Specialist in Income Security


William R. Morton William R. Morton

Analyst in Income Security Analyst in Income Security



Disclaimer
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