Noncitizen Eligibility for Supplemental Security Income (SSI)

Noncitizen Eligibility for Supplemental Security September 22, 2021February 16, 2023
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 disabled children. The program is intended to provide aged, blind, or disabled
Policy
individuals with a minimum level ofeligible individuals with a Policy guaranteed minimum income to meet their basic needs income to meet their basic needs for, such as food and food and

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

from all applicable sources (if any) are within prescribed limits. SSI is administered by the Social Security Administration but is not limits. SSI is administered by the Social Security Administration but is not part of the
Paul S. Davies
Social Security program.
Specialist in Income
Security
SSI is available part of the Old-Age, Survivors, and Disability Insurance program, commonly known as Specialist in Income Social Security. Security SSI is available to U.S. citizens and certain noncitizens who meet applicable program to U.S. citizens and certain noncitizens who meet applicable program

requirements. Historical yrequirements. Historically, noncitizen eligibility, noncitizen eligibility for SSI was limited to lawful permanentfor 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 eligibilitynoncitizen eligibility requirements for most federal public benefits as part of welfare reform. Title IV of the 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 eligibilityrestricted noncitizen eligibility for most federal public benefits to 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 removal. PRWORA also imposed additional additional restrictions on noncitizen eligibilityrestrictions on noncitizen eligibility for certain federal meansfor certain federal means -tested -tested
public benefits, including SSI. As a result, noncitizen eligibilitypublic benefits, including SSI. As a result, noncitizen eligibility for SSI is limited largely to the following groups: 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 spouses and veterans, (2) active duty members of the U.S. Armed Forces, or (3) the eligible 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 In addition, the following noncitizens may be eligible for SSI for a maximum of seven years: 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, certain abused spouses and children, and
 Iraqi and Afghan special immigrants Iraqi and Afghan special immigrants.
,  human trafficking victims, and Congressional Research Service Noncitizen Eligibility for Supplemental Security Income (SSI)  certain Afghan and Ukrainian parolees. 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 In December 20192021 (the most recent month for which noncitizen SSI data are available), SSI issued payments to , SSI issued payments to 430,352365,714 noncitizens, representing noncitizens, representing 5.34.8% of the nearly % of the nearly 8.1 mil ion SSI
recipients overal 7.7 million SSI recipients overall. The average monthly SSI payment to noncitizens was $. The average monthly SSI payment to noncitizens was $502.32503.75; the average monthly SSI ; the average monthly SSI
payment to citizens was $payment to citizens was $569.26. Nearly588.13. Over three-fourths ( three-fourths (73.576.1%) of %) of al all noncitizens receiving SSI were aged 65 or noncitizens receiving SSI were aged 65 or
older. Most noncitizen SSI recipients (60.older. Most noncitizen SSI recipients (60.03%) were female, and %) were female, and just over half (over half (5054.6%) concurrently received a .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 The number of noncitizens receiving SSI peaked in 1995 at around 785,000, representing 12.1% of al all SSI 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 enactment, rebounded slightly from 1998 through 2002, and then began a period of decline through 20192021. In . In
December December 20192021, noncitizens comprised , noncitizens comprised 13.812.1% of SSI recipients aged 65 or older, 2.% of SSI recipients aged 65 or older, 2.40% of SSI recipients aged 18 % of SSI recipients aged 18
to 64, and 0.to 64, and 0.32% of SSI recipients under % of SSI recipients under age 18. 18.

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Contents
Introduction ..................................................................................................................................... 1
Overview of SSI ........................................................................................................................ 1 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.......... 7
Restrictions on Noncitizen Eligibility ............................................................................................. 7
Qualified Alien ........................................................................................................................ 7.. 8
Exception Conditions for Qualified Aliens under SSI .............................................................. 9 8
40 Qualifying-Quarters Requirement for LPRs ................................................................. 11 10
Time-Limited Eligibility for Certain Humanitarian Groups (Seven-Year Limit) ............. 1112
Five-Year Bar on Eligibility for Certain Qualified Aliens ............................................... 12
....... 13 SSI Eligibility by Immigration Category ................................................................................ 14 13
Sponsor Deeming and Reimbursement ......................................................................................... 15 14
Affidavit of Support and Immigrant Sponsors .............................................................. 14
Sponsor Deeming .................... 15 Sponsor Deeming .......................................................................................... 15
Sponsor Reimbursement ................................ 16 Sponsor Reimbursement ........................................................... 17
Recent Administrative Actions.............................................. 17 Public Charge ..................................... 17
Public Charge ........................................................................................... 17 Data .................... 18
Data ............................................................................................................................ 18
Characteristics of Current SSI Recipients ............................................................................... 18
Trends ...................................................................................................................................... 20

Figures
Figure 1. Noncitizens Receiving SSI, by Age Group, 1982-2019 2021 ................................................. 22
Figure 2. Applications for SSISSI Applications by Noncitizens, by Age Group, 1982-20192021 ..................................... 23... 25
Figure 3. SSI Awards to Noncitizens, by Age Group, 1994-2019 2021 ............................................. 23

.... 26 Tables
Table 1. SSI Eligibility by Immigration Category ......................................................................... 14 13
Table 2. Characteristics of Noncitizens Receiving SSI Payments, December 20192021 ..................... 19

Appendixes
Appendix. Selected Resources on Noncitizen Eligibility for SSI ............................................ 24..... 27

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Contacts
Author Information ........................................................................................................................ 28 25

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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 individualsdisabled individuals who have limited financial means. The availabilitywho have limited financial means. The availability of SSI for noncitizens of SSI for noncitizens
depends on the noncitizen’s immigration status as depends on the noncitizen’s immigration status as wel well as certain other factors.1 The specific as certain other factors.1 The specific
conditions under which noncitizens may be eligibleconditions under which noncitizens may be eligible for SSI are complex and for SSI are complex and general ygenerally differ from 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 eligibilitynoncitizens’ access to federal public benefits, this report examines noncitizen eligibility for SSI. 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 eligibilityfederal laws governing noncitizen eligibility for SSI, as for SSI, as wel well as the specific eligibility 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 individualsor disabled individuals who have limited income and resources (i.e., assets).2 The program is 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
livingliving expenses due to age or disability and who have little or no Social Security or other income. 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 apply for mostcertain other benefits for which they may be eligible. Cash assistance is provided only to other benefits for which they may be eligible. Cash assistance is provided only to
those whose income and resources those whose income and resources from all applicable sources (if any) are within prescribed limits (i.e., the program is 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 automatically eligible for Medicaid. 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 activity due to any medical ymedically determinable physical or mental impairment determinable physical or mental impairment thatwhich is expected to result in death or which has lasted, or is expected to last is expected to last,
for at least one for at least one year or result in death. For childrenfull year.3 For children under age 18, , disabled refers to a refers to a medical ymedically determinable 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 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
resources minus applicable exclusions—must be within certain limits. The countable income limit
is equal to the federal benefit rate (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

1 T hroughoutappropriate childhood activities and which 1 Throughout this report, the terms this report, the terms noncitizens, , foreign nationals, and , and aliens are usedare used interchangeably. Federal interchangeably. Federal
immigration law usesimmigration law uses the term the term alien, defined by the Immigration and Nationality Act, defined by the Immigration and Nationality Act (INA), to mean persons who are (INA), to mean persons who are
not U.S. citizens or U.S.not U.S. citizens or U.S. nationals (e.g., persons born in certain U.S.nationals (e.g., persons born in certain U.S. territories, suchterritories, such as American Samoa). For the as American Samoa). For the
purposes of this report, the term U.S. citizen includes U.S.purposes of this report, the term U.S. citizen includes U.S. nationals. nationals.
2 For more information on Supplemental Security Income (SSI), 2 For more information on Supplemental Security Income (SSI), see CRSsee CRS In Focus IF10482, In Focus IF10482, Supplemental Security
Incom eIncome (SSI), and CRS, and CRS Report R44948, Report R44948, Social Security Disability Insurance (SSDI) and Supplemental Security Income
(SSI): Eligibility, Benefits, and Financing . 3 The Social Security Administration (SSA) uses a monthly earnings threshold to determine substantial gainful activity. In general, disabled SSI applicants with countable earnings above $1,470 per month in 2023 are considered to be engaging in substantial gainful activity. See SSA, Office of the Chief Actuary (OCACT), “Substantial Gainful Activity, https://www.ssa.gov/oact/cola/sga.html. .
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for a couple if both members are SSI eligible.3 is expected to result in death or which has lasted, or is expected to last, for at least one full year. In addition, the child must not engage in substantial gainful activity. To be financially 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 is equal to the federal benefit rate (FBR), which is the maximum monthly SSI payment available under the program. In 2023, the FBR is $914 per month for an individual and $1,371 per month for a couple if both members are SSI eligible.4 Countable income is subtracted from the FBR on a Countable income is subtracted from the FBR on a
dollar-for-dollar basis in determining SSI eligibilitydollar-for-dollar basis in determining SSI eligibility and the amount of the payment (if any).and the amount of the payment (if any).45 The The
countable resource limit is $2,000 for an individual and $3,000 for a couple.countable resource limit is $2,000 for an individual and $3,000 for a couple.5
6 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.states, the District of Columbia, or the Northern Mariana Islands to qualify for the program.67
Residents of public institutions (such as jails or prisons) are Residents of public institutions (such as jails or prisons) are general ygenerally ineligible ineligible for SSI. 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.Survivors, and Disability Insurance program, commonly known as Social Security.78 SSI SSI
eligibilityeligibility is based on financial need, and the program is funded by general revenues. In contrast, is based on financial need, and the program is funded by general revenues. In contrast,
Social Security eligibilitySocial Security eligibility is based on work or familial-relationship requirements and the program 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 eligiblebe eligible for SSI if they meet applicable program requirements. for SSI if they meet applicable program requirements.
In In December 2020January 2023, SSI provided nearly $, SSI provided nearly $4.8 bil ion in federal y5.3 billion in federally administered payments to administered payments to
approximately approximately 8.0 mil ion 7.6 million recipients.recipients.89 About one-third of About one-third of al all SSI recipients that month also SSI recipients that month also
received Social Security benefits.received Social Security benefits.910
Noncitizens and Immigration Categories
Noncitizen eligibilityNoncitizen eligibility for public benefits, including SSI, varies across categories of immigrants. 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 categories, in alphabetical order, which are frequently of interest to lawmakers inwhen examining examining
noncitizen eligibilitynoncitizen eligibility for public benefits: 4 SSA, OCACT, “SSI Federal for public benefits:
 American Indian 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
Canadian-U.S. border unhindered (so-cal ed Jay Treaty Indians).11
 Amerasian immigrants are children born in certain Asian countries from 1950-
1982, who were fathered by U.S. citizens (colloquial y referred to as war babies
or G.I. babies).12

3 Social Security Administration (SSA), Office of the Chief Actuary (OCACT ), “ SSI Federal Payment Amounts,” at Payment Amounts,” at
https://www.ssa.gov/oact/cola/SSIamts.html https://www.ssa.gov/oact/cola/SSIamts.html
45 In counting income, SSI In counting income, SSI excludes excludes the first $20 per month of any income (earned or unearned), as wellthe first $20 per month of any income (earned or unearned), as well as the first $65 as the first $65
per month of earned income plus one-half of any earned income in excess of $65 per monthper month of earned income plus one-half of any earned income in excess of $65 per month. The income exclusions are not adjusted for inflation. 6.
5 In counting resources, SSI In counting resources, SSI excludes excludes the value of one’s house, car, and household goodsthe value of one’s house, car, and household goods and personal effects. and personal effects.
6 SSI The countable resource limits are not adjusted for inflation. 7 SSI is not available to residents of Puerto Rico, Guam,is not available to residents of Puerto Rico, Guam, the Virgin Islands,the Virgin Islands, or American Samoa, regardlessor American Samoa, regardless of their of their
citizenship or immigration status. citizenship or immigration status.
7 See CRS 8 See CRS In FocusIn Focus IF10426, IF10426, Social Security Overview and CRS and CRS Report R42035, Report R42035, Social Security Primer. .
89 SSA, SSA, “Monthly Statistical Snapshot, “Monthly Statistical Snapshot, December 2020,” January 2021, T ableJanuary 2023,” February 2023, Table 3, at https://www.ssa.gov/policy/docs/ 3, at https://www.ssa.gov/policy/docs/
quickfacts/stat_snapshot/. quickfacts/stat_snapshot/.
9 Ibid., T able 1.
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, First
Nations and Native Am ericans, 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])
who were born in Korea, Vietnam, Laos, Kampuchea, or T hailand after December 31, 1950, and before October 22,
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10 SSA, “SSI Monthly Statistics, January 2023,” February 2023, Table 1, https://www.ssa.gov/policy/docs/statcomps/ssi_monthly/index.html. Congressional Research Service 2 Noncitizen Eligibility for Supplemental Security Income (SSI)  Afghan parolees are Afghan nationals11 paroled into the United States between July 31, 2021, and September 30, 2023.12  American Indian noncitizens refers to individuals who belong to a federally recognized tribe13 or who were born in Canada and have the right to cross the Canadian-U.S. border unhindered (so-called Jay Treaty Indians).14  Amerasian immigrants are children born in certain Asian countries from 1950- 1982, who were fathered by U.S. citizens (colloquially referred to as war babies or G.I. babies).15
  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 nationals’ children whose parent has been abused. In been abused, and foreign nationals’ 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 child or cancel ationcancellation of removal (e.g., Violence Against Women Act [VAWA] 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. for humanitarian reasons.13
16   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.removal.14
17   Freely Associated States (FAS) migrants are citizens of the are citizens of the Marshal Marshall Islands, 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.States.15
 Iraqi and Afghan special immigrants are certain Iraqi and Afghan nationals
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 special
immigrant visa (SIV), which enables them to become lawful permanent
residents.16
 Lawful permanent residents (LPRs) are foreign nationals permitted to live in
the United States permanently (also referred to as green card holders).17

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).
13 T he term Cuban-Haitian Entrant 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
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 Ent rants 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
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
did define Cuban-Haitian Entrant in t he 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
and Immigration Services (USCIS), Cuban Haitian Entrant Program (CHEP), at https://www.uscis.gov/archive/
archive-news/cuban-haitian-entrant-program-chep.
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
Memorandum, Sum m ary of S. 2218, the Covering Our FAS Allies Act, as introduced (available to congressional clients
upon request). For background information 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, Iraqi and Afghan Special Immigrant Visa Programs.
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 lawfully adm itted for
perm anent residence (LAPR).
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 Nonimmigrants 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 workers).18
18 11 Or individuals with no nationality who last habitually resided in Afghanistan. 12 Or those paroled after September 30, 2023, with a qualifying family connection (e.g., child, spouse, parent of specified individuals). 13 As defined in 25 U.S.C. §5304(e). 14 8 U.S.C. §1359. For more information on Jay Treaty Indians, see U.S. Embassy and Consulates in Canada, First Nations and Native Americans, at https://ca.usembassy.gov/visas/first-nations-and-native-americans/. 15 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 Thailand after December 31, 1950, and before October 22, 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). 16 The term Cuban-Haitian Entrant 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 qualify for asylum according to the individualized definition of persecution in 8 U.S.C. §§1157-1158. The Carter Administration labeled Cubans and Haitians as Cuban-Haitian Entrants 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 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 did define Cuban-Haitian Entrant in the context of eligibility for federal assistance in Title 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 and Immigration Services (USCIS), Cuban Haitian Entrant Program (CHEP), at https://www.uscis.gov/archive/archive-news/cuban-haitian-entrant-program-chep. 17 For more information, see CRS Report R45995, Unauthorized Childhood Arrivals, DACA, and Related Legislation. 18 For background information on Freely Associated States (FAS) migrants, see CRS Congressional Distribution Congressional Research Service 3 Noncitizen Eligibility for Supplemental Security Income (SSI)  Iraqi and Afghan special immigrants are certain Iraqi and Afghan nationals 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 special immigrant visa (SIV), which enables them to become lawful permanent residents.19  Lawful permanent residents (LPRs) are foreign nationals permitted to live in the United States permanently (also referred to as green card holders).20  Nonimmigrants 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 workers).21   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.Immigration parole is granted on a case-by-case basis.1922
  Refugees2023 and and asylees2124 are foreign nationals fleeing their countries because of are foreign nationals fleeing their countries because of
persecution, or a persecution, or a wel well-founded fear of persecution, on account of race, religion, -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 liveare permitted to live in the United States indefinitely. After one year in these in the United States indefinitely. After one year in these
statuses, they may apply to adjust their immigration status to become LPRs.statuses, they may apply to adjust their immigration status to become LPRs.22
25   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.return.23
 26  Ukrainian parolees are Ukrainian nationals27 paroled into the United States between February 24, 2022, and September 30, 2023.28  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 documents, or enter legal ylegally but overstay the terms of their temporary stay. Memorandum, Summary of S. 2218, the Covering Our FAS Allies Act, as introduced (available to congressional clients upon request). For background information on the compacts, see CRS Report RL31737, The Marshall Islands and Micronesia: Amendments to the Compact of Free Association with the United States. 19 For more information, see CRS Report R43725, Iraqi and Afghan Special Immigrant Visa Programs. 20 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 lawfully admitted for permanent residence (LAPR). 21 For more information, see CRS Report R45040, Immigration: Nonimmigrant (Temporary) Admissions to the United States. 22 8 U.S.C. §1182(d)(5). For more information, see CRS Report R46570, Immigration Parole. 23 For more information, see CRS Report RL31269, Refugee Admissions and Resettlement Policy. 24 For more information, see CRS Report R45539, Immigration: U.S. Asylum Policy. 25 but overstay the terms of their temporary stay.
 Victims of Trafficking24 and their families who have received a T nonimmigrant
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.
 Certain foreign nationals present in the United States are granted withholding of
removal26 based on persecution on account of race, religion, nationality,
membership in a particular social group, or political opinion. Withholding of
removal provides protection from removal. 27
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
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.

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, Immigration Parole.
20 For more information, see CRS Report RL31269, Refugee Admissions and Resettlement Policy.
21 For more information, see CRS Report R45539, Immigration: U.S. Asylum Policy.
22 Applying for an 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.the United States (as opposed to applying for an immigrant visa from a U.S. embassy or consulate abroad).embassy or consulate abroad).
23 26 For more information, see CRS For more information, see CRS Report RS20844, Report RS20844, Temporary Protected Status and Deferred Enforced Departure. .
24 22 U.S.C. §§7101 et seq.
25 Victims of trafficking who have not received a T visa, but who have received a Continued Presence document from
the Department of Homeland Security (granted in order to help law enforcement prosecute human traffickers), may
also remain in the United States. 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 -
continued-presence.
26 8 U.S.C. §1231.
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
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
noncitizens to participate in SSI based on their immigration status and c ertain other factors and,
as such, are often referred to as restrictions on noncitizen eligibility. However, some of these
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
financial y27 Or non-Ukrainian individuals who habitually resided in Ukraine. 28 Or those individuals’ spouses or unmarried children under the age of 21 who are paroled into the United States after September 30, 2023. Congressional Research Service 4 link to page 19 link to page 20 Noncitizen Eligibility for Supplemental Security Income (SSI)  Victims of human trafficking29 and their families who have received a T nonimmigrant status are foreign nationals who can live in the United States for up to four years;30 they may apply for LPR status after three years.  Certain foreign nationals present in the United States are granted withholding of removal31 based on persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. Withholding of removal provides protection from removal. 32 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 potentially eligible for SSI. The list represents the universe of noncitizens discussed in this report and will be re-examined later (see Table 1) after a discussion of the laws and requirements governing noncitizen eligibility for SSI. Laws Governing Noncitizen Eligibility To qualify for SSI, noncitizens must meet the program’s basic eligibility requirements as well as 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 noncitizens to participate in SSI based on their immigration status and certain other factors and, as such, are often referred to as restrictions on noncitizen eligibility. However, some of these 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 financially supporting the sponsored immigrant (see supporting the sponsored immigrant (see “Sponsor Deeming and Reimbursement” ” for for
more information). more information).
Noncitizen eligibility Noncitizen eligibility for SSI is governed largely by two federal laws: (1) Title XVI of the Social for SSI is governed largely by two federal laws: (1) Title XVI of the Social
Security Security Act28Act33 and (2) Title IV of the Personal Responsibility and Work Opportunity 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..2934 This section provides a basic overview of the noncitizen eligibility 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.Since SSI’s enactment in 1972, the program has imposed restrictions on noncitizen eligibility.3035
Section 1614(a)(1)(B) of the Social Security Act limits eligibilitySection 1614(a)(1)(B) of the Social Security Act limits eligibility for SSI to U.S. citizens, LPRs, 29 22 U.S.C. §§7101 et seq. 30 Victims of trafficking who have not received a T visa, but who have received a Continued Presence document from the Department of Homeland Security (granted in order to help law enforcement prosecute human traffickers), may also remain in the United States. U.S. Department of Homeland Security (DHS), Continued Presence: Temporary Immigration Status for Victims of Human Trafficking, at https://www.dhs.gov/blue-campaign/materials/pamphlet-continued-presence. 31 8 U.S.C. §1231. 32 For more information, see CRS Report R45993, Legalization Framework Under the Immigration and Nationality Act (INA). 33 42 U.S.C. §§1381 et seq. 34 8 U.S.C. §§1601 et seq. 35 P.L. 92-603, Title III. For a history of restrictions on noncitizen eligibility for SSI, see Thomas M. Parrott, Lenna D. Kennedy, and Charles G. Scott, “for SSI to U.S. citizens, LPRs,
and aliens otherwise permanently residing under color of law (PRUCOL) in the United States, a
broad term that encompasses a number of different immigration categories.31
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
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
amount of the payment (if any).33 This process, known as sponsor deeming, applies for a three-
year period after entry/grant of status.34

28 42 U.S.C. §§1381 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.
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,
Program Operations Manual System (POMS), “ SI 00501.420 Permanent Residence under Color of Law Congressional Research Service 5 Noncitizen Eligibility for Supplemental Security Income (SSI) and aliens otherwise permanently residing under color of law (PRUCOL) in the United States, a broad term that encompasses a number of different immigration categories.36 In 1980, lawmakers established provisions to limit SSI financial eligibility for noncitizens who have an immigration sponsor.37 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 spouse (if any) in determining the noncitizen’s financial eligibility for the program and the amount of the payment (if any).38 This process, known as sponsor deeming, applies for a three-year period after entry/grant of status.39(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
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.
32 P.L. 96-265 §504.
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,
“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.
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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.”immigration.”3540 Enacted on August 22, 1996, PRWORA amended immigration law to establish an Enacted on August 22, 1996, PRWORA amended immigration law to establish an
overarching set of noncitizen eligibilityoverarching set of noncitizen eligibility requirements for most federal public benefits. Subsequent 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.framework that applies today.3641 While PRWORA created blanket noncitizen eligibility While PRWORA created blanket noncitizen eligibility
requirements, noncitizen eligibilityrequirements, noncitizen eligibility is not uniform across federal public benefit programs because 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 eligibilityhousehold, or family eligibility unit by an agency of the United States or by appropriated funds of unit by an agency of the United States or by appropriated funds of
the United States.” the United States.” 3742 PRWORA exempts certain types of programs, PRWORA exempts certain types of programs, usual yusually thought of as thought of as
emergency programs, from its noncitizen eligibilityemergency programs, from its noncitizen eligibility requirements.requirements.3843 Because SSI provides means- 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.
PRWORA explicitly states that aliens, unless they are qualified aliens (see the “Qualified Alien”
section), are ineligible for federal public benefits. In addition, PRWORA places a number of
additional restrictions on qualified aliens’ eligibility for certain federal means-tested public
benefits (FMTPBs), including SSI. Furthermore, PRWORA specifies that sponsor deeming
applies to most noncitizens subject to sponsorship until they naturalize (i.e., become U.S.
citizens) or meet certain work-history requirements.
How These Two Laws Interact
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
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
eligibility for SSI is governed by PRWORA in most cases.41 However, PRWORA exempts limited

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,
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).
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
General as public benefit. 36 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) 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 eventually expanded the standard to include more than a dozen different immigration categories (e.g., asylees, Cuban-Haitian Entrants). The PRUCOL standard does not include TPS holders, nonimmigrants, or unauthorized immigrants. 37 P.L. 96-265 §504. 38 42 U.S.C. §§1382c(f)(3) and 1382j. 39 For a history of SSI’s sponsor deeming provisions, see Thomas M. Parrott, Lenna D. Kennedy, and Charles G. Scott, “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. 40 8 U.S.C. §1601. 41 Title V of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA; P.L. 104-208, Division C), Title V of the Balanced Budget Act of 1997 (BBA 97; P.L. 105-33), and the Noncitizen Benefit Clarification and Other Technical Amendments Act of 1998 (P.L. 105-306). 42 8 U.S.C. §1611(c)(1). 43 This 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 (1) delivering in-kind services at the community level, (2) providing assistance without individual
determinations of each recipient’s needs, and (3) beingdeterminations of each recipient’s needs, and (3) being necessary for the necessary for the p rotectionprotection of life and safety. Aliens who do of life and safety. Aliens who do
not meet the definition of qualified aliens are eligiblenot meet the definition of qualified aliens are eligible for these emergency programs. Congressional Research Service 6 link to page 13 link to page 19 link to page 7 Noncitizen Eligibility for Supplemental Security Income (SSI) PRWORA explicitly states that aliens, unless they are qualified aliens (see the “Qualified Alien” section), are ineligible for federal public benefits. In addition, PRWORA places a number of additional restrictions on qualified aliens’ eligibility for certain federal means-tested public benefits (FMTPBs), including SSI. Furthermore, PRWORA specifies that sponsor deeming applies to most noncitizens subject to sponsorship until they naturalize (i.e., become U.S. citizens) or meet certain work-history requirements. How These Two Laws Interact Title IV of PRWORA provides that its noncitizen eligibility requirements apply “notwithstanding any other provision of law.”44 Although the implications of this provision are not always clear, in the case of SSI, it is well established that PRWORA’s noncitizen eligibility requirements effectively override those under Title XVI of the Social Security Act.45 As a result, noncitizen eligibility for SSI is governed by PRWORA in most cases.46 However, PRWORA exempts limited groups of noncitizens from some or all of its noncitizen eligibility requirements. For these groups, the noncitizen eligibility requirements under Title XVI of the Social Security Act may apply.47for these emergency programs.
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.
41 SSA, POMS, “ SI 00502.100 Basic SSI Alien Eligibility Requirements,” July 25, 2019, at https://secure.ssa.gov/
apps10/poms.nsf/lnx/0500502100.
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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 next several sections of the report discuss PRWORA’s noncitizen eligibility The next several sections of the report discuss PRWORA’s noncitizen eligibility requirements in requirements in
more detail and note the limitedmore detail and note the limited instances in which the noncitizen eligibilityinstances in which the noncitizen eligibility requirements under 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 eligibilityPRWORA imposes a number of restrictions on noncitizen eligibility for SSI. These restrictions for SSI. These restrictions
are structured to prohibit noncitizens from being eligibleare structured to prohibit noncitizens from being eligible for SSI unlessfor SSI unless they meet specified they meet specified
criteria. In general, noncitizens must meet the following requirements to be criteria. In general, noncitizens must meet the following requirements to be potential ypotentially eligible 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 qualified aliens to overcome a general prohibition on eligibility for SSI). for SSI).
In addition, LPRs must In addition, LPRs must typical ytypically satisfy a five-year waiting period requirement, known as the satisfy a five-year waiting period requirement, known as the
five-year bar, to be , to be potential y eligible potentially eligible for SSI. for SSI.
PRWORA exempts certain noncitizens from some or PRWORA exempts certain noncitizens from some or al all of the aforementioned restrictions on of the aforementioned restrictions on
noncitizen eligibilitynoncitizen eligibility for SSI. for SSI.
This section discusses PRWORA’s restrictions on noncitizen eligibility This section discusses PRWORA’s restrictions on noncitizen eligibility for SSI in more detail. for SSI in more detail.
Table 1 at the end of the section displays information on SSI eligibilityat the end of the section displays information on SSI eligibility for the immigration for the immigration
categories discussed in the report (seecategories discussed in the report (see “Noncitizens and Immigration Categories”). 44 For more information on the legal framework governing Title IV of PRWORA, see CRS Report R46510, PRWORA’s Restrictions on Noncitizen Eligibility for Federal Public Benefits: Legal Issues. 45 Ibid. 46 SSA, POMS, “SI 00502.100 Basic SSI Alien Eligibility Requirements,” July 25, 2019, at https://secure.ssa.gov/apps10/poms.nsf/lnx/0500502100. 47 Ibid. Congressional Research Service 7 Noncitizen Eligibility for Supplemental Security Income (SSI) “Noncitizens and Immigration Categories”).
Qualified Alien
PRWORA explicitly states that aliens, unless they arePRWORA explicitly states that aliens, unless they are qualifiedqualified aliens,aliens,4348 are ineligibleare ineligible for federal for federal
public benefits.public benefits.4449 Qualified aliens are LPRs, are LPRs,4550 refugees, refugees,4651 asylees, asylees,4752 aliens paroled into the United aliens paroled into the United
States for at least one year,States for at least one year,4853 and aliens granted withholding of removal. and aliens granted withholding of removal.49 The Il egal54 The Illegal
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.qualified aliens.5055 The Balanced Budget Act of 1997 (BBA The Balanced Budget Act of 1997 (BBA 97; P.L. 105-33) added Cuban-Haitian 97; P.L. 105-33) added Cuban-Haitian

42 Ibid.
43 PRWORA created the term qualified alien, which did not previously exist in immigration law (8 U.S.C. §1641[b]).
44 8 U.S.C. §1611(a).
45 8 U.S.C. §1641(b)(1).
46 8 U.S.C. Entrants.56 Qualified aliens are not automatically eligible for federal benefit programs; they are still subject to all eligibility and availability restrictions of a program.57 Some groups of noncitizens qualify for federal benefit programs to the same extent as refugees and thus are effectively included in the definition of qualified alien. For example, 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 made victims of human trafficking eligible for benefits and services “under any Federal or State program” to the same extent as refugees.58 As a result, victims of trafficking may be eligible for SSI. 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 the Afghan Allies Protection Act of 2009 (P.L. 111-8, Division F, Title IV, as amended) enabled certain Iraqi and Afghan nationals to become eligible for a special immigrant visa (SIV) and qualify for the same federal assistance available to refugees.59 Consequently, Iraqi and Afghan special immigrants may be eligible for SSI. Congress has extended similar provisions for certain Afghan and Ukrainian parolees. After the elected Afghan government’s collapse and Taliban takeover in August 2021, Congress passed the 48 PRWORA created the term qualified alien, which did not previously exist in immigration law (8 U.S.C. §1641[b]). 49 8 U.S.C. §1611(a). 50 8 U.S.C. §1641(b)(1). 51 8 U.S.C. §1641(b)(3) and (6). For the purposes of this report, the term §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. For more information, see CRS Report R45539, Report R45539, Im migrationImmigration:
U.S. Asylum Policy. .
4752 8 U.S.C. 8 U.S.C. §1641(b)(2). §1641(b)(2).
4853 8 U.S.C. 8 U.S.C. §1641(b)(4). §1641(b)(4).
4954 8 U.S.C. 8 U.S.C. §1641(b)(5). §1641(b)(5).
5055 Certain battered aliens are eligible Certain battered aliens are eligible for federal publicfor federal public benefits if they can demonstrate (in the opinion of the agency benefits if they can demonstrate (in the opinion of the agency
providing such benefits) that “providing such benefits) that “ there is a substantial connection between such battery or cruelty and the needthere is a substantial connection between such battery or cruelty and the need for the 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
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
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
program” to the same extent as refugees.53 As a result, victims of trafficking may be eligible for
SSI.
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
the Afghan Al ies Protection Act of 2009 (P.L. 111-8, Division F, Title IV, as amended) enabled
certain Iraqi and Afghan nationals to become eligible for a special immigrant visa (SIV) and
qualify for the same federal assistance available to refugees.54 Consequently, Iraqi and Afghan
special immigrants may be eligible for SSI.
Nonqualified aliens are al other noncitizens, including nonimmigrants, DACA recipients, TPS
holders, short-term parolees, asylum applicants, and unauthorized immigrants. Nonqualified
aliens are ineligible for most federal public benefits.
PRWORA exempts certain aliens from having to meet the qualified-alien requirement.
Specifical y, certain American Indians,55 as wel 56 8 U.S.C. §1641(b)(7). 57 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 In Focus IF11912, Noncitizen Eligibility for Medicaid and CHIP. 58 P.L. 106-386, §107; 22 U.S.C. §7105(b)(1)(A). 59 This 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. §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 basis as refugees. Initially, their eligibility was limited to eight months. However, 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. Congressional Research Service 8 Noncitizen Eligibility for Supplemental Security Income (SSI) Extending Government Funding and Delivering Emergency Assistance Act (P.L. 117-43, Division C, §2502), which provided Afghan parolees with benefits to the same extent as refugees until March 31, 2023, or the end of their parole term, whichever is later. In response to Russia’s renewed invasion of Ukraine in February 2022, Congress passed the Additional Ukraine Supplemental Appropriations Act, 2022 (P.L. 117-128, Title IV, §401), which provided Ukrainian parolees with benefits to the same extent as refugees60 until the end of their parole term. Thus, these groups of Afghan and Ukrainian parolees may be eligible for SSI. Nonqualified aliens are all other noncitizens, including nonimmigrants, DACA recipients, TPS holders, short-term parolees, asylum applicants, and unauthorized immigrants. Nonqualified aliens are ineligible for most federal public benefits. PRWORA exempts certain aliens from having to meet the qualified-alien requirement. Specifically, certain American Indians,61 as well as nonqualified aliens who were receiving SSI on 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 eligiblerequirement and thus may be eligible for SSI.for SSI.5662 However, nonqualified aliens who were receiving However, nonqualified aliens who were receiving
SSI on August 22, 1996, are required to meet the noncitizen eligibilitySSI on August 22, 1996, are required to meet the noncitizen eligibility requirements under Title requirements under Title
XVI of the Social Security Act (including SSI’s PRUCOL standard) to remain eligibleXVI of the Social Security Act (including SSI’s PRUCOL standard) to remain eligible for the for the
program.program.5763
Exception Conditions for Qualified Aliens under SSI
PRWORA includes additional restrictions PRWORA includes additional restrictions on noncitizen eligibility for certain federal public for certain federal public benefit programs, including SSI.64 Although qualified aliens may be potentially eligible for most other programs, PRWORA states that qualified aliens are generally ineligible for SSI.65 However, PROWRA allows qualified aliens to overcome this general prohibition on SSI eligibility if they meet the requirements of one of the applicable exceptions listed in PRWORA.66 Consequently, noncitizens may be eligible for SSI if they are qualified aliens and meet a listed exception, also known as an exception condition. In some cases, the exception condition consists 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 category. Below is a list of exception conditions under which qualified aliens may be eligible for SSI: 60 With the exception of the initial resettlement program (i.e., the State Department’s Reception and Placement Program). 61 The 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 federally-recognized tribes (8 U.S.C. §§1612(a)(2)(G) and 1613(d)(1)). 62 8 U.S.C. §1611(b)(5). 63 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. 64 8 U.S.C. §1612. Thebenefit programs.58 For SSI,
PRWORA specifies that qualified aliens are ineligible for the program unless they meet a listed

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
to add FAS migrants to the list of qualified aliens for the purposes of Medicaid only. For more information, see CRS
Congressional Distribution Memorandum, Sum m ary of S. 2218, the Covering Our FAS Allies Act, as introduced
(available to congressional clients upon request).
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
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
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, 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.
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 federally -recognized tribes (8 U.S.C. §§1612(a)(2)(G)
and 1613(d)(1)).
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
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 other programs subject to additional eligibility requirements are the Supplemental Nutrition
Assistance Program (SNAP; formerly the Food Stamp Program), Assistance Program (SNAP; formerly the Food Stamp Program), T emporaryTemporary Assistance for Needy Families (TANF), Medicaid, and the Social Services Block Grant (SSBG). PRWORA classifies SSI and SNAP as specified federal programs under 8 U.S.C. §1612(a)(3), and TANF, Medicaid, and SSBG as designated federal programs under 8 U.S.C. §1612(b)(3). For more information, see CRS Report R46510, PRWORA’s Restrictions on Noncitizen Eligibility for Federal Public Benefits: Legal Issues. 65 8 U.S.C. §1612(a)(1). 66 8 U.S.C. §1612(a)(2). Congressional Research Service 9 link to page 16 link to page 16 link to page 17 link to page 17 Noncitizen Eligibility for Supplemental Security Income (SSI) Assistance for Needy Families (T ANF),
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exception, also known as an exception condition. In some cases, the exception condition consists
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
category. Below is a list of exception conditions under which qualified aliens may be eligible for
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);for more information);5967
 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 alien is [1] an honorably discharged veteran, [2] an (i.e., the qualified 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);servicemember);60
68  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); SSI on August 22, 1996 (i.e., the date of PRWORA’s enactment);61
69  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; 1996, and are now blind or disabled;6270
 certain American Indians;  certain American Indians;6371
 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; filed before January 1, 1979, and who meet certain other requirements;6472 and 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 the “Time-Limited Eligibility for Certain
Humanitarian Groups (Seven-Year Limit)” section for more information): for more information):
 refugees, refugees,65

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 designated federal program s. For more information, see CRS Report
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 73  asylees,74  aliens granted withholding of removal,75  Cuban-Haitian Entrants,76 or 67 8 U.S.C. §1612(a)(2)(B). The Social Security Act does not require individuals to meet work requirements to qualify to meet work requirements to qualify
for SSI.for SSI. However, PRWORA effectively imposes work requirements on LPRs to qualify for the program, unless they However, PRWORA effectively imposes work requirements on LPRs to qualify for the program, unless they
(1) can be(1) can be credited with the work history of an eligiblecredited with the work history of an eligible spouse spouse or parent or (2) meet another exception condition.or parent or (2) meet another exception condition.
60 68 8 U.S.C. 8 U.S.C. §1612(a)(2)(C). A veteran must fulfill minimum-active duty service requirements and have been released §1612(a)(2)(C). A veteran must fulfill minimum-active duty service requirements and have been released
with a dischargewith a discharge characterized as honorable and not on account of alienage (see CRScharacterized as honorable and not on account of alienage (see CRS Report R42324, Report R42324, Who Is a
“Veteran”?—Basic Eligibility for Veterans’ Benefits). A member of the U.S.). A member of the U.S. Armed Forces must beArmed Forces must be on active duty, on active duty,
other than active duty for training. For more information, see SSA,other than active duty for training. For more information, see SSA, POMS, “POMS, “ SI 00502.140 Veteran or Active Duty SI 00502.140 Veteran or Active Duty
Member of the Armed Forces, a Spouse,Member of the Armed Forces, a Spouse, or a Dependent Child,” October 26, 2017, at https://secure.ssa.gov/apps10/or a Dependent Child,” October 26, 2017, at https://secure.ssa.gov/apps10/
poms.nsf/lnx/0500502140. poms.nsf/lnx/0500502140.
61 69 8 U.S.C. 8 U.S.C. §1612(a)(2)(E). For more information, see SSA,§1612(a)(2)(E). For more information, see SSA, POMS, “POMS, “ SI 00502.150 Qualified Aliens Receiving SI 00502.150 Qualified Aliens Receiving
Benefits On 8/22/96 (Balanced BudgetBenefits On 8/22/96 (Balanced Budget Act of 1997, P.L. 105-33),” August 5, 2014, at https://secure.ssa.gov/apps10/Act of 1997, P.L. 105-33),” August 5, 2014, at https://secure.ssa.gov/apps10/
poms.nsf/lnx/0500502150. poms.nsf/lnx/0500502150.
6270 8 U.S.C. 8 U.S.C. §1612(a)(2)(F). For more information, see SSA,§1612(a)(2)(F). For more information, see SSA, POMS, “POMS, “ SI 00502.142 Qualified Aliens Who Are Blind Or SI 00502.142 Qualified Aliens Who Are Blind Or
DisabledDisabled And Were LawfullyAnd Were Lawfully Residing In T he Residing In The U.S. On 8/22/96 U.S. On 8/22/96 ,” April 14, 2018, at https://secure.ssa.gov/apps10/,” April 14, 2018, at https://secure.ssa.gov/apps10/
poms.nsf/lnx/0500502142. poms.nsf/lnx/0500502142.
63 71 8 U.S.C. 8 U.S.C. §1612(a)(2)(G). For more information, see SSA,§1612(a)(2)(G). For more information, see SSA, POMS, “POMS, “ SI 00502.105 Exemption from Alien Provisions SI 00502.105 Exemption from Alien Provisions
for Certain Noncitizen Indians,” for Certain Noncitizen Indians,” August 5, 2014July 25, 2019, at https://secure.ssa.gov/apps10/poms.nsf/lnx/0500502105. , at https://secure.ssa.gov/apps10/poms.nsf/lnx/0500502105.
6472 8 U.S.C. 8 U.S.C. §1612(a)(2)(H). §1612(a)(2)(H). T oTo qualify under this exception, SSA qualify under this exception, SSA must lack clear and convincing evidence that the must lack clear and convincing evidence that the
individualindividual is is an alien who wouldan alien who would otherwise be ineligibleotherwise be ineligible for SSIfor SSI benefits under 8 U.S.C.benefits under 8 U.S.C. §1612. For more information, §1612. For more information,
see SSA,see SSA, POMS,POMS, “ “SI 00502.120 Eligibility on the Basis of Receiving SSISI 00502.120 Eligibility on the Basis of Receiving SSI Benefits on an Application Filed Before 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.
6573 8 U.S.C. 8 U.S.C. §1612(a)(2)(A)(i). 74 8 U.S.C. §1612(a)(2)(A)(ii). 75 8 U.S.C. §1612(a)(2)(A)(iii). 76 8 U.S.C. §1612(a)(2)(A)(iv). §1612(a)(2)(A)(i).
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 asylees,66
 aliens granted withholding of removal,67
 Cuban-Haitian Entrants,68 or
 Amerasian immigrants. Amerasian immigrants.6977
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 exception condition to be potential y eligible for SSI.70potentially eligible for SSI.78
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 about 10 years of work, to be potential ypotentially eligible eligible for SSI.for SSI.7179 A 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.modifications.7280 First, qualifying quarters are based on earnings covered by Social Security as First, qualifying quarters are based on earnings covered by Social Security as
wel well as earnings as earnings not covered by Social Security.by Social Security.7381 Second, LPRs may be credited with qualifying 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.quarters based on their own work record and/or the work record of an eligible spouse or parent.7482
This crediting process may This crediting process may al owallow LPRs with little or no work history (e.g., children) to meet the 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).
67 8 U.S.C. §1612(a)(2)(A)(iii).
68 8 U.S.C. §1612(a)(2)(A)(iv).
69 8 U.S.C. §1612(a)(2)(A)(v).
70 8 U.S.C. §1611(b)(5). Nonqualified (i.e., the LPR, eligible spouse, or eligible parent) received an FMTPB83 during the calendar quarter in which the qualifying quarter was earned.84 77 8 U.S.C. §1612(a)(2)(A)(v). 78 8 U.S.C. §1611(b)(5). Nonqualified aliens are not subject to the requirements of 8 U.S.C.aliens are not subject to the requirements of 8 U.S.C. §1612(a), which apply to §1612(a), which apply to
qualifiedqualified aliens. aliens.
7179 8 U.S.C. 8 U.S.C. §1612(a)(2)(B)(ii). See also SSA,§1612(a)(2)(B)(ii). See also SSA, POMS, “SI 00502.135 LAPR with 40 Qualifying Quarters of Earnings,” 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(e.g., military connection) may be eligible for SSIfor SSI without having to meet the 40-qualifying quarters requirement. without having to meet the 40-qualifying quarters requirement.
72 80 Under Social Under Social Security, workers qualifySecurity, workers qualify for benefits by accruing a sufficient number of for benefits by accruing a sufficient number of quarters of coverage (or (or
credits) based) based on their earnings from jobs covered by the program (i.e., earnings subjecton their earnings from jobs covered by the program (i.e., earnings subject to the Social Security payroll to the Social Security payroll
tax). In tax). In 20212023, workers earn one credit for each $1,, workers earn one credit for each $1,470640 in covered earnings, up to the maximum of four credits per year. in covered earnings, up to the maximum of four credits per year.
T heThe amount of earnings needed amount of earnings needed for a Socialfor a Social Security Security credit is adjustedcredit is adjusted annually for average wageannually for average wage growth in the national growth in the national
economy. Because workers can earn no more than four credits per year, 40 credits iseconomy. Because workers can earn no more than four credits per year, 40 credits is equivalent to about 10 years of equivalent to about 10 years of
work. (Note that 40 credits is the minimum requirement to qualifywork. (Note that 40 credits is the minimum requirement to qualify for Social Securityfor Social Security retired-worker benefits.) For retired-worker benefits.) For
more information, see SSA,more information, see SSA, How You Earn Credits, publication no. 05-10072, January 2021, “Social Security Credits,” at https://www.ssa.gov/ at https://www.ssa.gov/
pubs/EN-05-10072.pdf.
73benefits/retirement/planner/credits.html. 81 Memorandum Opinion from Dawn E. Johnsen, Acting Assistant Attorney General, Office of Legal Counsel, 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 entRequirement 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/download19841/download. For more information on Social Security coverage, see CRS In Focus IF11824, Social Security: Who Is Covered Under the Program?. 82.
74 8 U.S.C. 8 U.S.C. §§1612(a)(2)(B)(ii)(I) and 1645. Qualifying quarters earned by a biological§§1612(a)(2)(B)(ii)(I) and 1645. Qualifying quarters earned by a biological, adoptive, or parent, an adoptive parent, or a stepparent may be stepparent may be
credited to an LPR of any age through the quarter the LPR attains age 18, regardlesscredited to an LPR of any age through the quarter the LPR attains age 18, regardless of whether the parent is currently of whether the parent is currently
living. In addition, qualifyingliving. In addition, qualifying quarters earned byquarters earned by a current or deceaseda current or deceased spouse duringspouse during the marriage may be credited to the marriage may be credited to
an LPR. Becausean LPR. Because an LPR may be creditedan LPR may be credited with qualifyingwith qualifying quarters basedquarters based on his or her own work record as wellon his or her own work record as well as a as a
combination of work records attributable to one or more parents, a current spouse, and one or more combination of work records attributable to one or more parents, a current spouse, and one or more deceased deceased spouses, spouses,
the LPR may meet the 40-qualifying quartersthe LPR may meet the 40-qualifying quarters requirement with little or no personal work history (i.e., fewer than 10 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,years of work on his or her own record). For more information, see SSA, POMS, “POMS, “ SI 00502.135 LAPR with 40 SI 00502.135 LAPR with 40
Qualifying Qualifying Quarters of Earnings,” June 21, 2017, at https://secure.ssa.gov/apps10/poms.nsf/lnx/Quarters of Earnings,” June 21, 2017, at https://secure.ssa.gov/apps10/poms.nsf/lnx/0500502135. 83 For purposes of the 40-qualifying quarters requirement, a federal means-tested public benefit (FMTPB) is a benefit subject to the requirements of the five-year bar under 8 U.S.C. §1613. FMTPBs include SSI, TANF, SNAP, non-emergency Medicaid, and the State Child Health Insurance Program (CHIP). See “Five-Year Bar on Eligibility for Certain Qualified Aliens.” 84 8 U.S.C. §§1612(a)(2)(B)(ii)(II) and 1645. Congressional Research Service 11 Noncitizen Eligibility for Supplemental Security Income (SSI) Time-Limited 0500502135.
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(i.e., the LPR, eligible spouse, or eligible parent) received an FMTPB75 during the calendar
quarter in which the qualifying quarter was earned.76
Time-Limited Eligibility for Certain Humanitarian Groups (Seven -Year Limit)
PRWORA PRWORA al ows allows certain qualified aliens to be SSI eligible certain qualified aliens to be SSI eligible for up to seven years after their for up to seven years after their
entry/grant of status.entry/grant of status.7785 This 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 immigrantsIraqi and Afghan special immigrants, and Afghan and Ukrainian parolees. Seven years after their entry/grant of status, these . Seven years after their entry/grant of status, these
noncitizens are no longer eligiblenoncitizens are no longer eligible for SSI unless they become citizens (i.e., naturalize) or qualify for SSI unless they become citizens (i.e., naturalize) or qualify
under an exception condition without a time limitunder an exception condition without a time limit (e.g., LPR status with 40 qualifying quarters or (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 individualperiod, then the individual remains eligibleremains eligible for the full seven-year period and is not subject to the for the full seven-year period and is not subject to the
five-year bar (discussed below) during that period.five-year bar (discussed below) during that period.78
86 History of the Time Limit on SSI Eligibility for Certain Humanitarian Groups
When PRWORA was enacted in 1996, lawmakers When PRWORA was enacted in 1996, lawmakers limited limited the eligibilitythe eligibility of certain humanitarian categoriesof certain humanitarian categories for for
selected federalselected federal means-tested public benefits (including SSI) to a maximummeans-tested public benefits (including SSI) to a maximum of five years. The five-year limitof five years. The five-year limit was was
designed to designed to al owallow noncitizens in these categories noncitizens in these categories (e.g., refugees,(e.g., refugees, asylees,asylees, aliens granted withholding of removal)aliens granted withholding of removal) to to
meet the necessarymeet the necessary residency requirementsresidency requirements before applying for citizenship. However,before applying for citizenship. However, some observers some observers noted that noted that
delays in processing naturalization applications resulted in some noncitizens exhausting theirdelays in processing naturalization applications resulted in some noncitizens exhausting their program eligibility program eligibility
before becoming citizens.before becoming citizens.7987
To address this situation, the Clinton AdministrationTo address this situation, the Clinton Administration offered a proposal in its FY1998 budget to increaseoffered a proposal in its FY1998 budget to increase the time the time
limitlimit for selected federal means-tested public benefits (including SSI) from five to seven years.for selected federal means-tested public benefits (including SSI) from five to seven years.8088 Lawmakers 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 extending the exception to al owallow these groups 7 instead of 5 years of eligibility, these groups 7 instead of 5 years of eligibility, these noncitizens would be given these noncitizens would be given
moremore time to naturalize while continuing to receivetime to naturalize while continuing to receive welfare welfare benefits without interruption.”benefits without interruption.”81

75 For purposes of the 40-qualifying quarters requirement, a federal means-tested public benefit (FMT PB) is a benefit
subject to t he 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). See “ Five-Year Bar on Eligibility for
Certain Qualified Aliens.”
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,”
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/
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.
79 T estimony of Susan Golanka et al., in U.S. Congress, House Committee on Ways and Means, Subcommittee on
Human Resources, Technical Corrections to Welfare Reform Legislation , 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.
80 Office of Management and Budget, Budget of the U.S. Government Fiscal Year 1998, p. 109, at
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. Congre ss, House Committee on Ways
and Means, Subcommittee on Social Security, 89 In 2004, the George W. 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.90 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. 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.91 The fol owing year, lawmakers 85 8 U.S.C. §1612(a)(2)(A)(i)-(v). See also SSA, POMS, “SI 00502.106 Time-Limited Eligibility for Certain Aliens,” July 11, 2019, at https://secure.ssa.gov/apps10/poms.nsf/lnx/0500502106. 86 SSA, POMS, “SI 00502.106 Time-Limited Eligibility for Certain Aliens,” July 11, 2019, at https://secure.ssa.gov/apps10/poms.nsf/lnx/0500502106. In addition, the seven-year limit does not reset if the qualified alien adjusts to another status that is also subject to the time limit. 87 Testimony of Susan Golanka et al., in U.S. Congress, House Committee on Ways and Means, Subcommittee on Human Resources, Technical Corrections to Welfare Reform Legislation, 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. 88 U.S. Office of Management and Budget, Budget of the U.S. Government Fiscal Year 1998, p. 109, at 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. Congress, House Committee on Ways 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.
8189 U.S. U.S. Congress, HouseCongress, House Committee on the Budget, 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., June105th Cong., 1st sess., June 24, 1997, H.Rept. 105-149, p. 1183. 90 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 this proposal was offered again in the President’s budgets for FY2006 through FY2008. 91 U.S. Congress, House Committee on Ways and Means, Subcommittee on Income Security and Family Support, Assistance for Elderly and Disabled Refugees, 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- Congressional Research Service 12 Noncitizen Eligibility for Supplemental Security Income (SSI) 24, 1997, H.Rept. 105-149, p. 1183, at https://www.congress.gov/105/crpt/hrpt149/CRPT -
105hrpt149.pdf.
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Noncitizen Eligibility for Supplemental Security Income (SSI)

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
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
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 temporarilyenacted the SSI Extension for Elderly and Disabled Refugees Act (P.L. 110-328), which temporarily increased the increased the
time limittime limit on SSI eligibilityon SSI eligibility from seven to nine years for FY2009 through FY2011.from seven to nine years for FY2009 through FY2011.8592 Although the Obama Although the Obama
AdministrationAdministration offered a proposal in its FY2012 budget to temporarilyoffered a proposal in its FY2012 budget to temporarily extend the nine-year limitextend the nine-year limit on SSI eligibility on SSI eligibility
for an additional two-year period, lawmakersfor an additional two-year period, lawmakers elected not to adopt the proposal, and the timeelected not to adopt the proposal, and the time limit limit reverted to reverted to
seven years at the start of FY2012.seven years at the start of FY2012.86
93 In recent years,In recent years, lawmakers lawmakers have introduced proposals to eitherhave introduced proposals to either eliminate eliminate the time limitthe time limit on SSI eligibility on SSI eligibility
permanently (e.g., H.R. 7401permanently (e.g., H.R. 7401 from the; 115th Congress) or increase it temporarily 115th Congress) or increase it temporarily (e.g.,(e.g., S. 4307S. 4307 from the; 116th 116th
Congress). Congress).
Five-Year Bar on Eligibility for Certain Qualified Aliens
PRWORA includes additional restrictions on eligibilityPRWORA includes additional restrictions on eligibility for for federal means-tested public benefits
(FMTPBs).(FMTPBs).8794 For FMTPBs, determination of program eligibility or the level/type of assistance to For FMTPBs, determination of program eligibility or the level/type of assistance to
be provided is based on income, resources, or other measure of financial need. In 1997, SSA be provided is based on income, resources, or other measure of financial need. In 1997, SSA
issued a notice in the issued a notice in the Federal Register designating SSI as an FMTPB for purposes of designating SSI as an FMTPB for purposes of
PRWORA.PRWORA.8895 Many qualified 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, aliens paroled into the United States for at least one year, and status, including certain LPRs, aliens paroled into the United States for at least one year, and
certain abused spouses and children.certain abused spouses and children.8996 Categories of noncitizens who are not subject to the five- Categories of noncitizens who are not subject to the five-
year bar include refugees, asylees, aliens granted withholding of removal, Cuban/Haitian year bar include refugees, asylees, aliens granted withholding of removal, Cuban/Haitian
Entrants, Amerasian immigrants, victims of trafficking, Iraqi and Afghan special immigrants, Entrants, Amerasian immigrants, victims of trafficking, Iraqi and Afghan special immigrants,
Afghan and Ukrainian parolees, certain American Indians, qualified aliens who entered the United States before August 22, 1996, certain American Indians, qualified aliens who entered the United States before August 22, 1996,
and qualifiedand qualified aliens with a military connection.aliens with a military connection.90 Because most97 Most SSI-eligible groups are not subject to the five-year bar. The only SSI-eligible group that is subject to the five-year bar is LPRs who are within the five-year period after entry/grant of status and do not qualify as a member of another exempted group (e.g., those with a military connection). However, the practical effect of the five-year bar on such LPRs’ SSI eligibility may be limited, because LPRs must also have at least 40 qualifying quarters to be eligible for SSI, which takes about 10 years (or twice as long) to obtain based solely on one’s own work record. That said, the five-year bar may have a practical effect on such LPRs’ SSI eligibility if they happen to satisfy the 40-qualifying quarter requirement before the end of the five-year period because they were, for example, credited with sufficient quarters based on the work record of an 110hhrg43762.pdf. 92 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,” April 20, 2022, at https://secure.ssa.gov/apps10/poms.nsf/lnx/0500502301. 93 SSA, Full Justification of Estimates for Appropriations Committees, Fiscal Year 2012 SSI-eligible groups are exempt

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
this proposal was offered again in the President’s budgets for FY2006 through FY2008.
83 Ibid.
84 U.S. Congress, House Committee on Ways and Means, Subcommittee on Income Secur ity and Family Support,
Assistance for Elderly and Disabled Refugees, 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-
110hhrg43762.pdf.
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.
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 washttps://www.ssa.gov/budget/hist/FY2013/2013FullJustification.pdf. A version of this proposal was offered againoffered again in the in the
President’s budgetsPresident’s budgets for FY2013 through FY2017. For a cost estimate of the proposal, see Congressional Budgetfor FY2013 through FY2017. For a cost estimate of the proposal, see Congressional Budget Office
(CBO) Office, , Proposals for Supplem entalSupplemental Security Income - CBO’s Estim ateEstimate 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.
8794 8 U.S.C. 8 U.S.C. §1613. For more information, see CRS §1613. See CRS Report RL33809, Report RL33809, Noncitizen Eligibility for Federal Public
Assistance: Policy Overview. .
8895 SSA, SSA, “Personal Responsibility and Work Opportunity Reconciliation Act of 1996: Federal Means-“Personal Responsibility and Work Opportunity Reconciliation Act of 1996: Federal Means-T estedTested Public Public
Benefits Paid by the SocialBenefits Paid by the Social Security Administration,” 62Security 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.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.
89 T he 96 The five-year bar applies to qualified five-year bar applies to qualified aliens entering the United States on or after Augustaliens entering the United States on or after August 22, 199622, 1996 , who are not , who are not
exempted from the requirements of 8 U.S.C.exempted from the requirements of 8 U.S.C. §1613(a). §1613(a).
90 97 Refugees, Refugees, asylees, aliens granted withholding of removal, Cuban/Haitian Entrants, Amerasian immigrants, victims of asylees, aliens granted withholding of removal, Cuban/Haitian Entrants, Amerasian immigrants, victims of
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 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 August 22, 1996, are not subject to the five-year bar under 8 U.S.C. §1613(a). Congressional Research Service 13 Congressional Research Service

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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 qualifying quarters of work and who do not meet another exception
condition (see the “Exception Conditions for Qualified Aliens under SSI” section).91 eligible spouse or parent (see the “40 Qualifying-Quarters Requirement for LPRs” section) or worked for 10 years under another immigration status (e.g., an H-1B visa) before adjusting to LPR status.
SSI Eligibility by Immigration Category
Table 1 provides information on which immigration categories are provides information on which immigration categories are potential ypotentially eligible eligible for SSI and for SSI and
which categories are not (seewhich categories are not (see the “Noncitizens and Immigration Categories”) section). The table takes into . The table takes into
account the applicable noncitizen eligibilityaccount the applicable noncitizen eligibility requirements discussed in this section (i.e., the requirements discussed in this section (i.e., the
qualified-alienqualified-alien requirement, SSI exceptions conditions, and the five-year bar). Noncitizens who requirement, SSI exceptions conditions, and the five-year bar). Noncitizens who
are potential yare potentially eligible eligible for SSI must also meet the program’s basic eligibilityfor SSI must also meet the program’s basic eligibility requirements as requirements as wel
well 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 Requirements or
Immigration Categories
SSI?
Seven-Year Limit?
Other Information
American Afghan parolees Yes Yes — American Indian noncitizens Indian noncitizens
Yes Yes
No No
Must belong to a Must belong to a federal y
recognized federally recognized tribe or be atribe or be a Jay Treaty
Indian Indian
Amerasian Amerasian immigrants immigrants
Yes Yes
Yes Yes
— —
Certain abused spouses and Certain abused spouses and
children Yes, in limited Yes, in limited
No No
Must have a military Must have a military connectioconnectiona
children or be (e.g., VAWA(e.g., VAWA Self-
Self-Petitioners) circumstances circumstances
or be in a grandfathered grouin a grandfathered groupb
Petitioners)
Cuban-Haitian EntrantsCuban-Haitian Entrants
Yes Yes
Yes Yes
— —
Deferred Deferred Action for Childhood Action for Childhood
No No
— —
— —
Arrivals Arrivals (DACA) (DACA)
Freely Freely Associated Associated States (FAS) 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;
and restrictions restrictions
and
(2) must have 40 qualifying (2) must have 40 qualifying
quarters of work quarters of work
Nonimmigrants Nonimmigrants
No No
— —
— —
(e.g., tourists, (e.g., tourists, students, temporary workers) Parolees students, temporary
workers)

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
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
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
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
Yes, in limited Yes, in limited
No No
(1) Eligible if parole granted for at (1) Eligible if parole granted for at
circumstances circumstances
least one year; and 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
— —
— — Ukrainian parolees Yes Yes —
Unauthorized immigrants Unauthorized immigrants
No No
— —
— —
Victims Victims of of Human Trafficking Trafficking
Yes Yes
Yes Yes
— —
Withholding of Removal Withholding of Removal
Yes Yes
Yes Yes
— — Congressional Research Service 14 Noncitizen Eligibility for Supplemental Security Income (SSI)
Source: Congressional Congressional Research ServiceResearch Service (CRS). (CRS).
Notes: Not Not al immigration categories all immigration categories have a corresponding exception condition that permitshave a corresponding exception condition that permits them to be them to be
potential ypotentially eligible eligible for SSI. For instance, parolees who are qualified aliens must for SSI. For instance, parolees who are qualified aliens must general y generally have a military have a military
connection or be in a grandfathered group (see definitions below) to qualify for SSI because 8 U.S.C.connection or be in a grandfathered group (see definitions below) to qualify for SSI because 8 U.S.C. §1612(a) §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 refers to a qualified alien who is lawful y residingto a qualified alien who is lawful y residing in the United States and is (1) in the United States and is (1)
an honorably discharged veteran, (2) an active-duty member an honorably discharged veteran, (2) an active-duty member of the U.S. Armedof the U.S. Armed Forces,Forces, or (3) the spouse, 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 col ectively refers refers to (1) nonqualified aliens who were receivingto (1) nonqualified aliens who were receiving SSI on August SSI on August
22, 1996, (2) qualified aliens 22, 1996, (2) qualified aliens who are lawful y residingwho are lawful y residing in the United States and werein the United States and were receiving SSI on August receiving SSI on August
22, 1996, (3) qualified aliens22, 1996, (3) qualified aliens who were lawful y residing in the United States on August 22, 1996, and are 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 Some noncitizens may qualify for SSI in more than one way. In such noncitizens may qualify for SSI in more than one way. In such
cases, SSA cases, SSA wil general y will generally determine the noncitizen’s eligibilitydetermine the noncitizen’s eligibility for SSI under the pathway with for SSI under the pathway with
the least level of restriction. For example, if a noncitizen is eligiblethe least level of restriction. For example, if a noncitizen is eligible under both a time-limited under both a time-limited
exception condition and a military-connection exception condition, then SSA exception condition and a military-connection exception condition, then SSA wil typical y
will typically determine the noncitizen’s determine the noncitizen’s eligibility eligibility for SSI under the military-connection exception condition 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’
eligibilityeligibility for FMTPBs or the level/type of assistance. They apply to LPRs who are subject to an 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 eligiblethe United States petition for them to be eligible for LPR status.for LPR status.9298 These prospective LPRs are These prospective LPRs are
required to submit a required to submit a legal y legally enforceable affidavit of support when applying for an immigrant visa enforceable affidavit of support when applying for an immigrant visa

92 For more on obtaining LPR status, see CRS Report R42866, Permanent Legal Immigration to the United States:
Policy Overview; and CRS Report R43145, U.S. Fam ily-Based Imm igration Policy.
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or adjusting93or adjusting99 to LPR status. to LPR status.94100 An affidavit of support is a contract between the LPR applicant, the An affidavit of support is a contract between the LPR applicant, the
applicant’s petitioner (in most cases),applicant’s petitioner (in most cases),95101 and the government. and the government.96102 The person who signs the affidavit The person who signs the affidavit
of support becomes the of support becomes the sponsor of the alien and accepts financial responsibility for them.of the alien and accepts financial responsibility for them.97
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
immigrants—do not need an affidavit of support when applying for an immigrant visa or
adjusting to LPR status.
Sponsor Deeming
PRWORA requires most sponsored LPRs to meet sponsor deeming requirements for purposes of
FMTPBs, including SSI.99 Sponsor deeming 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
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
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 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
eligibility threshold, then sponsor deeming may limit the level/type of assistance provided under
the program.
Under PRWORA, sponsor deeming applies until the sponsored LPR becomes naturalized or has
accumulated 40 qualifying quarters of work (see the “40 Qualifying-Quarters Requirement for
LPRs” section).101 However, PRWORA exempts certain sponsored LPRs from its sponsor

93103 98 For more on obtaining LPR status, see CRS Report R42866, Permanent Legal Immigration to the United States: Policy Overview; and CRS Report R43145, U.S. Family-Based Immigration Policy. 99 Applying for an 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.the United States (as opposed to applying for an immigrant visa from a U.S. embassy or embassy or consula teconsulate abroad). abroad).
94100 8 U.S.C. 8 U.S.C. §1182(a)(4)(C) and (D). §1182(a)(4)(C) and (D).
95101 In certain circumstances, affidavits of support can be In certain circumstances, affidavits of support can be signed signed by a joint sponsor willingby a joint sponsor willing to accept legal responsibility 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,USCIS, “Affidavit of Support“Affidavit of Support ,” at https://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-of-,” at https://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-of-
supportsupport. 102 See .
96 See 8 U.S.C.8 U.S.C. §1183a(a)(1) (describing affidavit of support as a “§1183a(a)(1) (describing affidavit of support as a “ contract ... that is legally enforceable against the 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 publictested public benefit”); Wenfang Liu v. Mund, 686 F.3d 418, 423 (7th Cir. 2012) (holding affidavit enforceable against 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 USCISsponsor for support payment to sponsored alien); and USCIS Form I-864, Form I-864, Affidavit of Support Under Section 213A of
the INA, at https://www.uscis.gov/i-864., at https://www.uscis.gov/i-864. See See also 8 C.F.R. §§213a.1-213a.5. also 8 C.F.R. §§213a.1-213a.5.
97 103 Sponsors must be at least 18 years old and reside Sponsors must be at least 18 years old and reside in the United States. in the United States. T heyThey must also submit 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
poverty line. T he income requirement for sponsors who are members of the U.S. military is 100% of the federal
poverty line. PRWORA defines federal poverty line 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.
§1183a(h) and HHS, Office of the Assistance Secretary fo r Planning and Evaluation, “ HHS Poverty Guidelines for
2020,” at https://aspe.hhs.gov/poverty-guidelines.
98 For more information, see CRS Report R45973, The Diversity Immigrant Visa Program .
99 8 U.S.C. §1631.
100 SSA sometimes refers to sponsor deeming 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
new legally binding affidavit of support.
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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
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
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
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
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
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
qualifying quarters of work to participate in SSI, which is the same requirement needed to be
exempt from sponsor deeming. GAO noted the following:
Officials from SSA also reported a low incidence of sponsor deeming during the processing
of SSI benefits. For example, officials from all 10 SSA regional offices reported that
deeming has occurred either rarely or never since PRWORA became effective.
Specifically, because the sponsor deeming policy does not apply to sponsored noncitizens
credited with 40 quarters of work, and most sponsored noncitizens are only elig ible for SSI
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
40-quarter work eligibility criteria, such as those with military connections, are subject to
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
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
& 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-
guidance/downloads/sho19004.pdf.
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
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,
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
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 a pplicable classes of aliens who are not
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 https://secure.ssa.gov/apps10/poms.nsf/lnx/
0500502200.
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 Incom e
Eligibility Rules, GAO-09-375, May 19, 2009, at https://www.gao.gov/products/A86193.
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
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.
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
of Justice (DOJ) for appropriate action against the sponsor.109 However, SSA wil not seek
repayment or refer the case to DOJ if evidence that they can Congressional Research Service 15 link to page 16 link to page 16 Noncitizen Eligibility for Supplemental Security Income (SSI) Only the aforementioned noncitizens applying for LPR status require a U.S. sponsor. Other noncitizens—such as refugees, asylees, diversity immigrants,104 and many employment-based immigrants—do not need an affidavit of support when applying for an immigrant visa or adjusting to LPR status. Sponsor Deeming PRWORA requires most sponsored LPRs to meet sponsor deeming requirements for purposes of FMTPBs, including SSI.105 Sponsor deeming 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 financial eligibility for an FMTPB or the level/type of assistance provided by the program.106 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 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, potentially decreasing the likelihood that the LPR will 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 the program. Under PRWORA, sponsor deeming applies until the sponsored LPR becomes naturalized or has accumulated 40 qualifying quarters of work (see the “40 Qualifying-Quarters Requirement for LPRs” section).107 However, PRWORA exempts certain sponsored LPRs from its sponsor 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.108 Because PRWORA does not specify the manner in which income and resources should be considered for purposes of sponsor deeming,109 SSA uses the sponsor deeming methodology specified in Title XVI of the Social Security Act in implementing PRWORA’s sponsor deeming requirements.110 Specifically, 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 financial eligibility for SSI and the amount of the payment (if any).111 support both their own family and that of the sponsored alien at an annual income no less than 125% of the federal poverty line. The income requirement for sponsors who are members of the U.S. military is 100% of the federal poverty line. PRWORA defines federal poverty line 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. §1183a(h) and HHS, Office of the Assistance Secretary for Planning and Evaluation, “HHS Poverty Guidelines for 2023,” at https://aspe.hhs.gov/topics/poverty-economic-mobility/poverty-guidelines. 104 For more information, see CRS Report R45973, The Diversity Immigrant Visa Program. 105 8 U.S.C. §1631. 106 SSA sometimes refers to sponsor deeming as sponsor-to-alien deeming. 107 This 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. 108 8 U.S.C. §1631(e) and (f). See also SSA, POMS, “SI 00502.200 Sponsor-to-Alien Deeming (1996-1997 Legislation),” July 25, 2019, at https://secure.ssa.gov/apps10/poms.nsf/lnx/0500502200. 109 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, Sponsor Deeming and Repayment for Certain Immigrants, August 23, 2019, p. 4, at https://www.medicaid.gov/federal-policy-guidance/downloads/sho19004.pdf. 110 Social Security Act, §1621(b) and (c); 42 U.S.C. §1382j(b) and (c). 111 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 Congressional Research Service 16 Noncitizen Eligibility for Supplemental Security Income (SSI) In 2009, the Government Accountability Office (GAO) issued a report on the implementation of PRWORA’s sponsor deeming requirements for selected FMTPBs, including SSI.112 The report 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 qualifying quarters of work to participate in SSI, which is the same requirement needed to be exempt from sponsor deeming. GAO noted the following: Officials from SSA also reported a low incidence of sponsor deeming during the processing of SSI benefits. For example, officials from all 10 SSA regional offices reported that deeming has occurred either rarely or never since PRWORA became effective. Specifically, because the sponsor deeming policy does not apply to sponsored noncitizens credited with 40 quarters of work, and most sponsored noncitizens are only eligible for SSI 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 40-quarter work eligibility criteria, such as those with military connections, are subject to sponsor deeming.113 Sponsor Reimbursement The federal government has the authority to seek reimbursement from an alien’s sponsor for the cost of FMTPBs provided to the sponsored alien.114 In other words, if an alien receives an FMTPB, then the granting agency can seek reimbursement from the immigrant’s sponsor. SSA’s policy guidance on sponsor reimbursement notes that the agency “has the authority to seek repayment from the sponsor for SSI benefits paid to the sponsored alien within the last 10 years.”115 However, SSA will not seek repayment or refer the case to the Department of Justice if more than 10 years have passed from the month that the more than 10 years have passed from the month that the
sponsored alien last received an SSI payment.sponsored alien last received an SSI payment.110
Recent Administrative Actions
A May 2019 presidential memorandum directed relevant agencies to “update or issue procedures,
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
(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
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
new initiative, SAVE implemented a sponsorship compliance functionality that consists of four
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
reimbursement processes.”115 The goal is that this information wil al ow them to improve
compliance with sponsor deeming and reimbursement laws and regulations.
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
memorandum instructed SSA to coordinate with other relevant agencies and departments in
sharing information related to efforts to improve identification and collection of reimbursement.

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/
poms.nsf/lnx/0502220065.
110 Ibid.
111 White House, Memorandum on Enforcing the Legal Responsibilities of Sponsors of Aliens, Presidential
Memorandum, May 23, 2019, at https://trumpwhitehouse.archives.gov/presidential-actions/memorandum-enforcing-
legal-responsibilities-sponsors-aliens/.
112 SAVE is an online service administered by USCIS and used by federal, state, and local benefit-granting agencies.
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
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.
113 DHS, USCIS, “ SAVE Launches Sponsor Deeming and Agency Reimbursement Initiative,” at
https://www.uscis.gov/save/save-whats-new/save-launches-sponsor-deeming-and-agency-reimbursement -initiative.
114 DHS, USCIS, SAVE Sponsorship Guide, September 2020, at https://www.uscis.gov/sites/default/files/document/
guides/SAVE%20 Sponsorship%20Guide.pdf.
115 DHS, USCIS, “SAVE Launches Sponsor Deeming and Agency Reimbursement Initiative,” at
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
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
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 public charge. Thus, the determination of whether an alien is
inadmissible on public charge grounds turns largely on standards set forth in agency guidance
materials.
From 1999-2019, agency guidance (formerly the Department of Justice’s Immigration and
Naturalization Service, now DHS’s116 Public Charge 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 Legally Enforceable/New Version Affidavit of Support (I-864),” July 13, 2021, 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, are subject to the sponsor deeming requirements under Title XVI of the Social Security Act. However, because the maximum duration of sponsor deeming under Title XVI of the Social Security Act is three years, such noncitizens would presumably no longer be subject to sponsor deeming today. That said, it is unclear if the sponsor deeming requirements under Title XVI of the Social Security Act currently apply to any applicable classes of aliens who are not subject to PRWORA’s sponsor deeming requirements. For more information, see SSA, POMS, “SI 00502.200 Sponsor-to-Alien Deeming (1996-1997 Legislation),” July 25, 2019, at https://secure.ssa.gov/apps10/poms.nsf/lnx/0500502200. 112 U.S. Government Accountability Office (GAO), SPONSORED NONCITIZENS AND PUBLIC BENEFITS: More Clarity in Federal Guidance and Better Access to Federal Information Could Improve Implementation of Income Eligibility Rules, GAO-09-375, May 19, 2009, at https://www.gao.gov/products/gao-09-375. 113 Ibid., p. 12. 114 8 U.S.C. §1183a(b). 115 SSA, POMS, “SI 02220.065 Repayment by Alien Sponsors,” August 12, 2022, at https://secure.ssa.gov/poms.nsf/lnx/0502220065. 116 Ibid. 117 8 U.S.C. §1182(a)(4). Congressional Research Service 17 link to page 24 Noncitizen Eligibility for Supplemental Security Income (SSI) INA does not define the term public charge. Thus, the determination of whether an alien is inadmissible on public charge grounds turns largely on standards set forth in agency guidance materials. From 1999-2019, agency guidance (formerly the Department of Justice’s Immigration and Naturalization Service, now the Department of Homeland Security’s (DHS’s) USCIS) defined public charge to mean a person who is or is likely USCIS) defined public charge to mean a person who is or is
likely to become primarily dependent on public cash assistance or government-funded to become primarily dependent on public cash assistance or government-funded
institutionalization institutionalization for long-term care.118 This guidance identified four types of assistance, for long-term care.118 This guidance identified four types of assistance,
including SSI, considered in public charge determinations. This definition was changed by an including SSI, considered in public charge determinations. This definition was changed by an
August 15, 2019, USCIS Final Rule,119 which expanded the list of public benefits considered in August 15, 2019, USCIS Final Rule,119 which expanded the list of public benefits considered in
public charge determinations, keeping SSI on the list.120 public charge determinations, keeping SSI on the list.120 However, in September 2022, DHS published a new final rule codifying a definition of public charge that is similar to the 1999 guidanceHowever, as of March 9, 2021, USCIS
reverted back to the 1999 definition.121 In sum, the inclusion of SSI in public charge .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 determinations has remained consistent and was not affected by the 2019 Final Rule or the
reversal back to the 1999 guidance.reversal back to the 1999 guidance.
122 Data
This section of the report describes the characteristics of noncitizens receiving SSI payments in This section of the report describes the characteristics of noncitizens receiving SSI payments in
December December 20192021, the latest month for which data were available , the latest month for which data were available on noncitizen receipt of SSI at the time of publication. It then at the time of publication. It then
presents trends among noncitizens over time for SSI recipients, SSI applications, and SSI awards presents trends among noncitizens over time for SSI recipients, SSI applications, and SSI awards
by age group. by age group.
Characteristics of Current SSI Recipients
According to the most recent data publicly availableAccording to the most recent data publicly available from SSA, from SSA, in December 2019, 430,352
365,714 noncitizens received an SSI paymentnoncitizens received an SSI payment in December 2021, representing , representing 5.34.8% of the nearly 7.7 million SSI recipients overall.123 The average SSI payment to noncitizens that month was $503.75, compared with an average SSI payment to citizens of $588.13.124 Table 2 outlines the characteristics of noncitizens receiving SSI payments in December 2021. Over three-fourths (76.1%) were aged 65 or older, 23.3% were adults with disabilities aged 18 to 64, and 0.6% were children with disabilities under age 18. About three-fifths (60.3%) were 118 DOJ, Immigration and Naturalization Service, “Field Guidance on Deportability and Inadmissibility on Public Charge Grounds,” % of the nearly 8.1 mil ion SSI recipients

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
footnote 109.) 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, https://web.archive.org/web/20201019032943/
https://secure.ssa.gov/poms.nsf/lnx/0502220065.
117 8 U.S.C. §1182(a)(4).
118 DOJ, Immigration and Naturalization Service, “Field Guidance on Deportability and Inadmissibility on Public
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. 26/pdf/99-13202.pdf. T heThe Department of Homeland Security, established Department of Homeland Security, established in 2002, includes the agencies that are in 2002, includes the agencies that are
currently responsible for mostcurrently responsible for most federal immigration functions. federal immigration functions.
119 For more information119 For more information, see CRS In Focus on the 2019 final rule, see archived report, CRS In Focus IF11467, IF11467, Immigration: Public Charge. .
120 DHS,120 DHS, USCIS,USCIS, “Inadmissibility on Public Charge“Inadmissibility on Public Charge Grounds,”Grounds,” 8484 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, 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.
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overal .122 The average SSI payment to noncitizens that month was $502.32, compared with an
average SSI payment to citizens of $569.26.123
Table 2 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
to 64, and 0.7% were children with disabilities under age 18. Three-fifths (60.0%) were female.
Just over half (50.6%) concurrently received a Social Security benefit and 1.2 USCIS, “Public Charge Ground of Inadmissibility,” 87 Federal Register 55472, September 9, 2022, at https://www.federalregister.gov/documents/2022/09/09/2022-18867/public-charge-ground-of-inadmissibility. 122 For more information, see CRS Insight IN11217, Immigration: Public Charge 2022 Final Rule. 123 SSA, SSI Annual Statistical Report, 2021, September 2022, Table 29, at https://www.ssa.gov/policy/docs/statcomps/ssi_asr/2021/sect05.html#table29. 124 SSA, SSI Annual Statistical Report, 2021, September 2022, Table 6, at https://www.ssa.gov/policy/docs/statcomps/ssi_asr/2021/sect02.html#table6. Congressional Research Service 18 Noncitizen Eligibility for Supplemental Security Income (SSI) female. Over half (54.6%) concurrently received a Social Security benefit and 1.0% reported earnings % reported earnings
from work. from work.
The top five states of residence among noncitizens receiving SSI in December The top five states of residence among noncitizens receiving SSI in December 20192021 were were
California (California (30.831.0%), Texas (14.%), Texas (14.36%), New York (12.6%), Florida (12.4%), and New Jersey (2.5%). %), New York (12.6%), Florida (12.4%), and New Jersey (2.5%).
Al In general, these five states have the largest foreign-born populations.125 All other states combined accounted for other states combined accounted for 27.4the remaining 26.8% of noncitizens receiving SSI.% of noncitizens receiving SSI.126
The top five countries of origin among noncitizens receiving SSI in December The top five countries of origin among noncitizens receiving SSI in December 20192021 were Mexico were Mexico
((35.636.7%), Cuba (9.%), Cuba (9.86%), Dominican Republic (7.%), Dominican Republic (7.14%), Vietnam (4.1%), and China (3.%), Vietnam (4.1%), and China (3.47%). %). Al All other other
countries of origin combined accounted for countries of origin combined accounted for 40.038.5% of noncitizens receiving SSI. % of noncitizens receiving SSI.
Table 2. Characteristics of Noncitizens Receiving SSI Payments, December 20192021
Characteristic
Number of Recipients
Percentage Distribution
Total
430,352365,714
100.0
Age Age


Under 18 Under 18
3,0562,111
0. 0.76
18-64 18-64
110,783
25.785,191 23.3
65 or older 65 or older
316,513
73.5278,412 76.1
Gender Gender


Male
172,161
40.0
Female
258,191
60.0Female 220,650 60.3 Male 145,064 39.7
Income Sources Income Sources


Social Security Social Security


Yes Yes
217,966
50199,585 54.6 .6
No No
212,386
49166,129 45.4 .4
Earnings Earnings


Yes Yes
5,3203,643
1. 1.20
No No
425,032
98.8362,071 99.0
State of Residence State of Residence


California California
132,472
30.8113,369 31.0
Texas Texas
61,64753,413
14. 14.36
New York New York
54,09246,052
12.6 12.6
Florida Florida
53,29145,504
12.4 12.4
New Jersey New Jersey
10,886
2.5

122 SSA, SSI Annual Statistical Report, 2019, August 2020, T able 29, at https://www.ssa.gov/policy/docs/statcomps/
ssi_asr/2019/sect05.html#table29.
123 SSA, SSI Annual Statistical Report, 2019, August 2020, T able 6, at https://www.ssa.gov/policy/docs/statcomps/
ssi_asr/2019/sect02.html#table6.
9,293 2.5 All Others 98,083 26.8 Country of Origin Mexico 134,091 36.7 Cuba 35,121 9.6 125 Migration Policy Institute, “U.S. Immigrant Population by State and County, 2017-2021,” at https://www.migrationpolicy.org/programs/data-hub/charts/us-immigrant-population-state-and-county. 126 Totals may not sum to 100% due to rounding. Congressional Research Service Congressional Research Service

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Characteristic
Number of Recipients
Percentage Distribution
Al Others
117,964
27.4
Country of Origin


Mexico
153,295
35.6
Cuba
42,150
9.8 Distribution
Dominican Republic Dominican Republic
30,56427,108
7. 7.14
Vietnam Vietnam
17,50514,862
4.1 4.1
China China
14,83013,602
3. 3.4
Al 7 All Others Others
172,008
40.0140,930 38.5
Source: CRS, based on data from Social Security AdministrationCRS, based on data from Social Security Administration (SSA),(SSA), SSI Annual Statistical Report, 2019, August
20202021, September 2022, Tables 30, 31, and , Tables 30, 31, and 3132, at https://www.ssa.gov/policy/docs/statcomps/ssi_asr/, at https://www.ssa.gov/policy/docs/statcomps/ssi_asr/20192021/sect05.html./sect05.html.
Notes: Percentage distributions may not sum to 100% due to rounding. Trends
As noted earlier, PRWORA established restrictions on the eligibilityAs noted earlier, PRWORA established restrictions on the eligibility of noncitizens for public of noncitizens for public
benefits. These policy changes were at least benefits. These policy changes were at least partial ypartially in response to growth in noncitizens’ receipt 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.124127 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 ineligiblequalified aliens are deemed to be ineligible for SSI, with certain exceptions. PRWORA for SSI, with certain exceptions. PRWORA general y
generally requires LPRs to amass 40 qualifying quarters of work after entering the United States. It also 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 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 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.on a time-limited basis for the first seven years after entry/grant of status.125
128 The figures and discussion below present data on SSI recipients, applications, and awards in The figures and discussion below present data on SSI recipients, applications, and awards in
various years. various years. Recipients refers to individuals who received an SSI payment in a given year, 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, refers to individuals who submitted an application for SSI payments in a given year,
and and awards refers to individuals who were newly added to the SSI rolls upon being awarded SSI 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). 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 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 noncitizens receiving SSI and the number of noncitizens receiving SSI as a percentage of al all SSI SSI
recipients. Both measures increased recipients. Both measures increased substantial ysubstantially between 1982 and their peaks in 1995, when between 1982 and their peaks in 1995, when

124approximately 785,000 noncitizens received SSI payments, representing 12.1% of all SSI recipients.129 Contributing to the growth in noncitizens receiving SSI payments, in 1995 127 In the early 1990s, reports and congressional testimony by GAO, as In the early 1990s, reports and congressional testimony by GAO, as well well as academic research, had focused as academic research, had focused
attention on the growth in welfare program participation by immigrants relative to nativeattention on the growth in welfare program participation by immigrants relative to native -born individuals. -born individuals. T heThe number number
of legalof legal immigrants receiving SSIimmigrants receiving SSI had increased from 3% of all SSIhad increased from 3% of all SSI recipients in 1982 to over 11% of all SSIrecipients in 1982 to over 11% of all SSI recipients recipients
in 1993, with the growth concentrated among SSIin 1993, with the growth concentrated among SSI recipients aged 65 or older. Seerecipients aged 65 or older. See GAO, SupplementalGAO, Supplem ental Security
Incom eIncome: Recent Growth in the Rolls Raises Fundam ental Prog ram Fundamental Program Concerns, Statement of Jane L. Ross, Director, , Statement of Jane L. Ross, Director,
Income Security Issues,Income Security Issues, Health, Education, and Human ServicesHealth, Education, and Human Services Division, GAO/TDivision, GAO/T -HEHS-95-67, 1995, at -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 Welfare Reform: Implications of Proposals on Legal
Immigrants’ Benefits, 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, “2728791.pdf; and George J. Borjas, “ Immigration and Welfare, 1970-1990,” National Bureau of Economic Research 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.
125128 In December In December 20192021, approximately , approximately 4632,000 noncitizens in the humanitarian categories received SSI,000 noncitizens in the humanitarian categories received SSI payments, payments,
representing almost representing almost 119% of all noncitizens receiving SSI% of all noncitizens receiving SSI payments and about 0.payments and about 0.64% of all SSI% of all SSI recipients. See SSA, recipients. See SSA,
OCACTOCACT , , Annual Report of the Supplem entalSupplemental Security Income Program , May 2020, p. 8, July 2022, p. 6, footnote 2, at , footnote 2, at
https://www.ssa.gov/oact/ssir/https://www.ssa.gov/oact/ssir/SSI20/ssi2020.pdf.
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approximately 785,000 noncitizens received SSI payments, representing 12.1% of al SSI
recipients.126 Contributing to the growth in noncitizens receiving SSI payments, in 1995
SSI22/ssi2022.pdf. 129 Although the SSI program first paid benefits in 1974, data on noncitizens receiving SSI are publicly available beginning with 1982. Congressional Research Service 20 Noncitizen Eligibility for Supplemental Security Income (SSI) 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.127
130 The number of noncitizens receiving SSI declined markedly in 1996 and 1997 following The number of noncitizens receiving SSI declined markedly in 1996 and 1997 following
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 eligibilityconfusion about eligibility criteria and fears that users would be unable to sponsor family criteria and fears that users would be unable to sponsor family
members in the future.”members in the future.”128131 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.129132 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.130133 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 There are a number of reasons for this .... Another reason is that many recipients who had .... Another reason is that many recipients who had
notnot been citizens when they applied for SSI, had become citizens later but had been citizens when they applied for SSI, had become citizens later but had never 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.
The passage of P.L. 104-193 The passage of P.L. 104-193 in August 1996, and other legislative changes in 1996 and in August 1996, and other legislative changes in 1996 and
19971997 [associated with PRWORA], modified the eligibility requirements for SSI payment [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 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, 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 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 citizenship status for some recipients. Thus, while there has been a drop in the number of
noncitizens,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
beginning with 1982.
127 T homas many of these people continue to receive SSI payments. They just are no longer counted as noncitizens.134 130 Thomas M. Parrott, Lenna D. Kennedy, and Charles G. M. Parrott, Lenna D. Kennedy, and Charles G. Scott, “Noncitizens and the Supplemental Security Income Scott, “Noncitizens and the Supplemental Security Income
Program,” Program,” Social Security Bulletin, vol. 61, no. 4, October 1998, , vol. 61, no. 4, October 1998, T ableTable 2, p. 18, at https://www.ssa.gov/policy/docs/ssb/ 2, p. 18, at https://www.ssa.gov/policy/docs/ssb/
v61n4/v61n4p3.pdf (hereinafter, “Parrott, Kennedy, and Scott (1998)”). v61n4/v61n4p3.pdf (hereinafter, “Parrott, Kennedy, and Scott (1998)”).
128 131 Jeanne Batalova, Michael Fix, and Mark Greenberg, Jeanne Batalova, Michael Fix, and Mark Greenberg, “Chilling Effects: “Chilling Effects: T heThe Expected Public Charge Expected Public Charge Rule Rule and Its and Its
Impact on Legal Immigrant Families’ PublicImpact on Legal Immigrant Families’ Public Benefits Use,” 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.
129 132 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 https://www.jstor.org/ vol. 84, no. 3, September 2003, at https://www.jstor.org/
stable/42955891.stable/42955891.
130 SSA 133 SSA now requiresnow requires SSI SSI recipients to report changes in citizenship or immigration status. See SSA,recipients to report changes in citizenship or immigration status. See SSA, “Understanding “Understanding
Supplemental Security Income Reporting Responsibilities, 2020 Edition,” at https://www.ssa.gov/ssi/text-report-Supplemental Security Income Reporting Responsibilities, 2020 Edition,” at https://www.ssa.gov/ssi/text-report-
ussi.htm.ussi.htm.
131 134 Parrott, Kennedy, and Scott (1998), p. 17. Congressional Research Service 21 Noncitizen Eligibility for Supplemental Security Income (SSI) Figure 1. Noncitizens Receiving SSI, by Age Group, 1982-2021 Source: CRS, based on data from SSA, SSI Annual Statistical Report, 2021, September 2022, Tables 4 and 29, at https://www.ssa.gov/policy/docs/statcomps/ssi_asr/2021/index.html. Notes: Data by age group are not consistently available prior to 1999. Congressional Research Service 22 link to page 30 link to page 31 link to page 30 link to page 31 link to page 22 link to page 30 link to page 31 link to page 31 Noncitizen Eligibility for Supplemental Security Income (SSI) The number of noncitizens receiving SSI rebounded slightly from 1998 through 2002, and then began a period of decline through 2021.135 Individuals aged 65 or older remained the largest group of noncitizens receiving SSI throughout this period. In 2021, noncitizens accounted for 12.1% of all SSI recipients aged 65 or older, compared with 2.0% of SSI recipients aged 18 to 64 and 0.2 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.
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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
and 0.3% of SSI recipients under age 18. The declining percentage for those aged 18 to 64 may % of SSI recipients under age 18. The declining percentage for those aged 18 to 64 may
reflect PRWORA’s eligibilityreflect PRWORA’s eligibility limitations, such as the requirement for LPRs to have 40 qualifying 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 yHistorically, the number of noncitizens under age 18 receiving SSI has been , the number of noncitizens under age 18 receiving SSI has been smal .133
Figure 1. Noncitizens Receiving SSI, by Age Group, 1982-2019

Source: CRS, based on data from SSA, SSI Annual Statistical Report, 2019, August 2020, Tables 4 and 29, at
https://www.ssa.gov/policy/docs/statcomps/ssi_asr/index.html.
Notes: Data by age group are not consistently available prior to 1999.small.136
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 from noncitizens, as wel well as noncitizen SSI applications as a percentage of as noncitizen SSI applications as a percentage of al all SSI applications 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
awards to noncitizens, along with noncitizen SSI awards as a percentage of awards to noncitizens, along with noncitizen SSI awards as a percentage of al all SSI awards, by age SSI awards, by age
group, for 1994 through 2019.group, for 1994 through 2019.134137
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 they have steadily declined steadily declined through 2020, particularly among noncitizens aged 18 to 64 and 65 or among noncitizens aged 18 to 64 and 65 or older. The notable decrease in SSI applications among noncitizens in 2020 may be attributable, in part, to SSA field office closures due to the COVID-19 pandemic and the overall associated decrease in SSI applications.138 Applications among noncitizens aged 65 or older showed a marked increase in 2021 while applications among noncitizens under age 18 and aged 18 to 64 continued to decrease. older. Applications from Applications from
noncitizens aged 65 or older previously had accounted for as much as one-third of noncitizens aged 65 or older previously had accounted for as much as one-third of al all SSI SSI
applications from individuals aged 65 or older. They accounted for applications from individuals aged 65 or older. They accounted for 26.0% in 2019.24.6% in 2021. Since 1982, SSI SSI
applications from noncitizens aged 18 to 64 have applications from noncitizens aged 18 to 64 have general ygenerally ranged from about 3% to about 6% of ranged from about 3% to about 6% of
al all SSI applications from individuals aged 18 to 64, and remained relativelySSI applications from individuals aged 18 to 64, and remained relatively stable from 2006 stable from 2006
through 2018 before decliningthrough 2018 before declining slightly in 2019 in 2019 through 2021. SSI applications from noncitizens under age 18 . SSI applications from noncitizens under age 18
have been less than 1% of have been less than 1% of al all SSI applications from individuals under age 18 for the entire 1994 SSI applications from individuals under age 18 for the entire 1994
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 2021 period. The SSI awards data in Figure 3 show the same sharp declines for 1994 through 1997, driven almost equally by declines among noncitizens aged 65 or older and noncitizens aged 18 to 64. An 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: The 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 Table C, at https://www.ssa.gov/policy/docs/ssb/v59n2/v59n2p31.pdf. 137 Data on SSI applications from and awards to noncitizens to noncitizens by age group are not publicly available for years prior to are not publicly available for years prior to
1994. Parrott, Kennedy, and Scott (1998) included data on all SSI1994. Parrott, Kennedy, and Scott (1998) included data on all SSI applications from noncitizens going back to 1982, from noncitizens going back to 1982,
but didbut did not include data on SSInot include data on SSI applications from noncitizens by age group until 1994. applications from noncitizens by age group until 1994. T heyThey did not include data on SSI did not include data on SSI
awards to noncitizens until 1994. to noncitizens until 1994. T hisThis is why the time frame and age group details is why the time frame and age group details differ betweendiffer between Figure 2 and 2 and Figure
3.
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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,
and Charles G. Scott, “Noncitizens and the Supplemental Security Income Program,” Social Security Bul etin, vol.
61, no. 4, October 1998, Table 1, p. 17, at https://www.ssa.gov/policy/docs/ssb/v61n4/v61n4p3.pdf; for 1994-
2019: SSA, SSI Annual Statistical Report, various years, applications section, at https://www.ssa.gov/policy/docs/
statcomps/ssi_asr/index.html.
Notes: Data by age group are not available for 1982-1993.
The SSI awards data in Figure 3 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.
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 3. 138 GAO, Social Security Administration: Remote Service Delivery Increased during COVID-19, but More Could Be Done to Assist Vulnerable Populations, GAO-23-104650, November 2022, at https://www.gao.gov/assets/gao-23-104650.pdf. Congressional Research Service 23 Noncitizen Eligibility for Supplemental Security Income (SSI) award is “an administrative determination that an individual is entitled to receive monthly benefits.”139 Awards to both groups almost fully rebounded in 1998, followed by long-term declines through 2020. As with applications, part of the decrease in awards in 2020 may be attributable to SSA field office closures during the COVID-19 pandemic.140 Although the number of SSI awards to noncitizens under age 18 and aged 18 to 64 decreased further in 2021, the number of SSI awards to noncitizens aged 65 or older increased in 2021, almost to its 2019 level. SSI awards to noncitizens aged 65 or older as a percentage of all SSI awards to individuals SSI awards to individuals
aged 65 or older have aged 65 or older have historical yhistorically been larger than analogous measures for the 18 to 64 and under 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 18 age groups. SSI awards to noncitizens aged 65 or older as a percentage of al all SSI awards to SSI awards to
individualsindividuals aged 65 or older decreased from 32.1% in 1999 to aged 65 or older decreased from 32.1% in 1999 to 13.9% in 201912.8% in 2020 before rebounding to 14.4% in 2021. SSI awards to . SSI awards to
noncitizens aged 18 to 64 as a percentage of noncitizens aged 18 to 64 as a percentage of al all SSI awards to individuals aged 18 to 64 have also SSI awards to individuals aged 18 to 64 have also
been gradual ybeen gradually declining, from declining, from as high as 8.0% in 1998 to 2.8.0% in 1998 to 2.71% in % in 2019. Historical y2021. Historically, few SSI , few SSI
awards have been made to noncitizens under age 18.awards have been made to noncitizens under age 18.135
Figure 3. SSI Awards to Noncitizens, by Age Group, 1994-2019

Source: CRS, based on data from SSA, SSI Annual Statistical Report, various years, awards section, at
141 139 SSA, SSI Annual Statistical Report, 2021, September 2022, glossary, at https://www.ssa.gov/policy/docs/statcomps/ssi_asr/https://www.ssa.gov/policy/docs/statcomps/ssi_asr/index.html.


1352021/glossary.html. 140 Ibid. 141 For estimates for 1990-1995, see Clark D. Pickett and Charles G. For estimates for 1990-1995, see Clark D. Pickett and Charles G. Scott, “Reinventing SSIScott, “Reinventing SSI Statistics: SSA’sStatistics: SSA’s New New
Longitudinal File,” Longitudinal File,” Social Security Bulletin, vol. 59, no. 2, April 1996, Appendix , vol. 59, no. 2, April 1996, Appendix T ableTable I, at https://www.ssa.gov/ I, at https://www.ssa.gov/
policy/docs/ssb/v59n2/v59n2p31.pdf. See also Lenna Kennedy and Jack Schmulowitz,policy/docs/ssb/v59n2/v59n2p31.pdf. See also Lenna Kennedy and Jack Schmulowitz, “ SSI “SSI Payments to Lawfully Payments to Lawfully
Resident Aliens, 1978-79,” Resident Aliens, 1978-79,” Social Security Bulletin, vol. 43, no. 3, March 1980, , vol. 43, no. 3, March 1980, T ableTable 1, at https://www.ssa.gov/policy/ 1, at https://www.ssa.gov/policy/
docs/ssb/v43n3/v43n3p3.pdf.docs/ssb/v43n3/v43n3p3.pdf.
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24 Noncitizen Eligibility for Supplemental Security Income (SSI) Figure 2. SSI Applications by Noncitizens, by Age Group, 1982-2021 Source: 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,” Social Security Bulletin, vol. 61, no. 4, October 1998, Table 1, p. 17, at https://www.ssa.gov/policy/docs/ssb/v61n4/v61n4p3.pdf; for 1994-2021: SSA, SSI Annual Statistical Report, various years, applications section, at https://www.ssa.gov/policy/docs/statcomps/ssi_asr/index.html. Notes: Data by age group are not available for 1982-1993. Congressional Research Service 25 Noncitizen Eligibility for Supplemental Security Income (SSI) Figure 3. SSI Awards to Noncitizens, by Age Group, 1994-2021 Source: CRS, based on data from SSA, SSI Annual Statistical Report, various years, awards section, at https://www.ssa.gov/policy/docs/statcomps/ssi_asr/index.html. Congressional Research Service 26 Noncitizen Eligibility for Supplemental Security Income (SSI)
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—
20202022 Edition,” at https://www.ssa.gov/ssi/spotlights/spot-non-citizens.htm. 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, 11051, September 2019January 2023, at https://www.ssa.gov/pubs/EN-05-11051.pdf. , 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— Requirements—20202022 Edition,” at https://ssa.gov/ssi/text-eligibility-ussi.htm. Edition,” at https://ssa.gov/ssi/text-eligibility-ussi.htm.
 SSA, Office the Chief Actuary  SSA, Office the Chief Actuary (OCACT), , Annual Report of the Supplemental Security
Security Income Program, 2020, May 29, 2020, pp. 7-9 and 13-142022, July 8, 2022, pp. 6-8 and 12-13, at , at
https://www.ssa.gov/oact/ssir/https://www.ssa.gov/oact/ssir/SSI20/indexSSI22/index.html.  SSA, Office of Legislation and Congressional Affairs (OLCA), Congressional Update, “Supplemental Security Income (SSI) Eligibility for Certain People from Afghanistan,” no. 9, April 2022. p. 1, at https://www.ssa.gov/legislation/Congressional_Update_April2022.pdf.  SSA, OLCA, “President Signs H.R. 7691, the ‘Additional Ukraine Supplemental Appropriations Act of 2022,’” Social Security Legislative Bulletin, no. 117-9, June 8, 2022, at https://www.ssa.gov/legislation/legis_bulletin_052122.html. .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,” Eligibility,” April 20, 2020 July 13, 2021, at https://secure.ssa.gov/, at https://secure.ssa.gov/
apps10/poms.nsf/lnx/0500502000. 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 https://www.uscis.gov/, at https://www.uscis.gov/
sites/default/files/document/policy-manual-resources/Appendix-sites/default/files/document/policy-manual-resources/Appendix-
EligibilityforPublicBenefits.pdf.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
Program Description and Legislative History,”2022, “Program Description and Legislative History: Supplemental Security Income,” December 2022, pp. 19-20 and 23-24, at pp. 19-20 and 23-24, at
https://www.ssa.gov/policy/docs/statcomps/supplement/https://www.ssa.gov/policy/docs/statcomps/supplement/2020/ssi2022/index.html. .html.
 SSA,  SSA, Office of the Chief ActuaryOCACT, , Annual Report of the Supplemental Security
Income Program, 2020, May 29, 2020, pp. 7-9 and 67-68 2022, July 8, 2022, pp. 58-61 and 66-67, at , at
https://www.ssa.gov/oact/ssir/https://www.ssa.gov/oact/ssir/SSI20/SSI22/index.html. Congressional Research Service 27 Noncitizen Eligibility for Supplemental Security Income (SSI) index.html.
Data
 SSA,  SSA, SSI Annual Statistical Report, 2019, August 20202021, September 2022, Tables 6, 19, 29-33, , Tables 6, 19, 29-33, 58-
58-60, and 64-66, at https://www.ssa.gov/policy/docs/statcomps/ssi_asr/60, and 64-66, at https://www.ssa.gov/policy/docs/statcomps/ssi_asr/20192021/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



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