96-617 EPW
Updated December 18, 1997
CRS Report for Congress
Received through the CRS Web
Alien Eligibility for Public Assistance
Joyce C. Vialet, Education and Public Welfare Division
Larry M. Eig, American Law Division
Summary
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996
(P.L. 104-193) changed almost every aspect of alien eligibility for federal, state and
local government assistance programs. It established comprehensive new restrictions
on the eligibility of legal aliens for designated means-tested public assistance, and also
broadened restrictions on public benefits for illegal aliens and nonimmigrants (aliens
temporarily here, e.g., to visit, attend school, or work). Previously, legal aliens who had
settled here were eligible for public assistance on the same basis as citizens. The 1996
welfare law barred most legal aliens from Supplemental Security Income (SSI) for the
Aged, Blind, and Disabled, and Food Stamps. It authorized the states to limit access to
Medicaid and Temporary Assistance for Needy Families (TANF, which replaced
AFDC). However, the Balanced Budget Act of 1997 (P.L. 105-33) amended the welfare
law to provide that “qualified aliens” who were receiving SSI and related Medicaid as
of August 22, 1996 will continue to be eligible, regardless of whether their claim was
based on disability or age. Additionally, qualified aliens who were here by August 22,
1996 and subsequently become disabled will be eligible for SSI.
Alien Eligibility for Federal Assistance
The 1996 welfare law and, to a lesser extent, the 1996 immigration law1 restricted
alien eligibility for Federal benefits in three basic ways:
! They barred access to programs based on alien status;
! They required legally binding affidavits of support from immigrants’ sponsors; and
! They required that sponsors’ income be deemed available to immigrants in
determining eligibility for most means-tested programs.
1 The Illegal Immigration Reform and Immigrant Responsibility Act of 1996, enacted as
Division C of the Omnibus Consolidated Appropriations Act, 1997, and signed into law on
September 30, 1996 (P.L. 104-208)
Congressional Research Service ˜ The Library of Congress

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Alien eligibility for selected federal programs is summarized in Table 1. A more
comprehensive summary of restrictions on alien access to benefits appears as Table 2.
The eligibility of legal aliens for Social Security and Medicare is not affected by the new
legislation. Legal aliens continue to remain eligible if they have met the requirements of
these two programs, on the same basis as before.
Program Ineligibility
The new welfare law replaced alien eligibility standards for many federal programs,
which varied, with standards that are more comprehensive and restrictive. The alien
eligibility provisions of the new welfare law deny illegal aliens access to many more
federal programs than under previous law. It also imposes unprecedented restrictions on
the ability of legal immigrants to receive designated means-tested federal assistance.
Legal immigrants remain statutorily eligible for certain federal aid, including education
assistance, child nutrition, and emergency medical assistance (see Table 2). The new
welfare law allows the states to determine which aliens may receive state and local
benefits, though illegal aliens may only obtain benefits under state laws passed after
August 22, 1996, the date the welfare law was enacted.
Classification of Aliens. The welfare law divided aliens into two general categories
for purposes of benefit eligibility. The least restricted category is that of qualified aliens,
a category that, despite its name, is subject to numerous new limitations. Qualified aliens
consists of legal permanent residents (also referred to as immigrants), refugees, aliens
paroled into the United States for at least 1 year, and aliens granted asylum or related
relief. The immigration law added certain abused spouses and children as another class,
and P.L. 105-33 added Cuban-Haitian entrants.
The other, more restricted category is that of non-qualified aliens. It consists of
other noncitizens, including illegal aliens, nonimmigrants (i.e., aliens admitted for a
temporary purpose, such as tourists and foreign students), short-term parolees, asylum
applicants, and various classes of aliens granted temporary permission to remain.
Eligibility Standards. Non-qualified aliens are ineligible for almost all federal
assistance provided directly to households or individuals, including health, education,
retirement, or disability benefits, as well as for federal contracts, loans, licenses, and
grants. The limited exceptions, summarized in Table 2 below, include emergency
medical services and disaster relief.
Qualified aliens are subject to three general restrictions, in addition to sponsor-to-
alien deeming discussed below:
! Most legal immigrants are barred from Food Stamps and, with significant
exceptions, from SSI. P.L. 105-33 amended the welfare law to provide that
“qualified aliens” who were receiving SSI (and related Medicaid) as of August 22,
1996 will continue to be eligible, regardless of whether their claim was based on
disability or age. Additionally, qualified aliens who were here by August 22, 1996
and subsequently become disabled will be eligible for SSI.2
The
2
1997 law also grandfathers, through FY1998, aliens who have been identified by SSA
as receiving benefits, but who do not appear to fit within one of the categories of “qualified
aliens.” SSA and CBO estimate their number to be 20,000. Additionally, members of recognized
Indian tribes and certain Canadian-born Indians are exempt from SSI and Medicaid restrictions.

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! Second, most qualified aliens arriving after the date of enactment are barred from
other designated federal means-tested benefits for 5 years after arrival. To date,
the only programs so designated are TANF, Medicaid, and SSI.
! Third, states are empowered to deny most qualified aliens state-funded assistance
and assistance under federal block grants for Temporary Assistance for Needy
Families (TANF, which replaces AFDC), Title XX Social Services Block Grant
(SSBG) activities, and Medicaid, effective January 1, 1997. Because of the 5-year
bar on federal benefits for new arrivals, states may permit newly arriving qualified
alien
s to receive TANF, Medicaid, and SSBG only after they have been here 5
years. However, SSI recipients remain eligible for SSI-derivative Medicaid.
Table 1. Alien Eligibility for Selected Federal Programs
TANF (was AFDC)
Food
and Title XX Social
Alien Category
SSI
Stamps
Medicaid
Services
Immigrantsa
a) Here before
Yes, if on
No
Yes, for SSI-derivative
State option
8/22/96 (P.L.
rolls 8/22/96
benefits or emergency
104-193
or disabled
services. Otherwise,
enactment)
subsequently
state option.
b) New—1st 5
No
No
Emergency only
No
years after
8/22/96
c) New—after 5
No
No
Yes, for emergency
State option
years
services. Otherwise,
state option.
Refugees & Asyleesb
a) 1st 5 years
Yes
Yes
Yes
Yes
after entry or
asylum
b) after 5 years
Yes, for 2
No
Yes, for 2 more years
State option
more years
and emergency
services. Otherwise,
state option
Nonimmigrantsc
No
No
Emergency only
No
and
Undocumented
Aliensd

a
“Immigrants.” Also known as permanent residents and green card holders. May live here indefinitely
unless they commit a deportable act. Parolees admitted temporarily for at least l year under the Attorney
General’s immigration parole power may receive same benefits.
b
“Refugees & Asylees.” Status based on individualized persecution abroad. May eventually adjust to
permanent residency. Includes Cuban/Haitians and Amerasians.
c
“Nonimmigrants.” Admitted temporarily for a limited purpose. Includes, e.g., students, visitors,
temporary workers.
d
Also known as illegal aliens. Includes aliens here in violation of immigration law for whom no legal relief
or recognition has been extended.

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Certain qualified aliens are excepted from the SSI/food stamp bar; the state option
on Medicaid, TANF, and SSBG; and the 5-year bar on new arrivals. These groups
include:
! All aliens upon naturalization;
! Aliens who have worked, or may be credited with, 40 qualifying quarters. A
qualifying quarter includes a 3-month work period with sufficient income to
qualify as a social security quarter and, with respect to periods beginning after
1996, during which the worker did not receive federal means-based assistance.
The qualifying quarter work test takes into account work performed by the alien,
the alien’s parent before the alien became age 18, and the alien’s spouse (provided
the alien remains married to the spouse or the spouse is deceased);
! Refugees for 5 years after admission and asylees 5 years after obtaining asylum for
all programs except SSI and Medicaid, for which they remain eligible for 7 years.
The 1997 Act made Cuban/Haitian entrants and Amerasians eligible for the same
benefits as refugees, as they had been prior to 1996;
! Veterans, active duty members of the armed forces, and their spouses and
unmarried dependent children.
As shown in Table 2, various health, nutrition, education, and humanitarian
assistance are excepted from the 5-year bar on new entrants. Pell Grants and other higher
education assistance are among the excepted education programs.

Sponsor-to-Alien Deeming
The new welfare and immigration laws significantly expands the use of sponsor-to-
alien deeming for new arrivals and couple with it new, enforceable responsibilities for
sponsors who pledge support through affidavits of support. Both deeming and the
affidavits of support upon which deeming is based are intended to implement the
provision of the Immigration and Nationality Act (INA) that excludes aliens who appear
“likely at any time to become a public charge.”
New deeming rules. Sponsor-to-alien deeming is intended to make it more difficult
for sponsored aliens to meet the financial test for means-tested benefits by taking the
income and resources of the sponsor (and the sponsor’s spouse) into account whenever
a sponsored alien applies for covered assistance. The new welfare law expands sponsor-
to-alien deeming for new entrants by covering programs for a longer period and, in
combination with the new immigration law, by covering more new immigrants. Deeming
now applies until the sponsored alien becomes a citizen or, if earlier, meets the 40 qualifying
quarter work test, discussed above. Previously, deeming applied for 3 years under AFDC and
food stamps and for 5 years under SSI. The new deeming rules apply to aliens who enter
after December 19, 1997, the effective date of the new affidavit of support.3
For purposes of sponsor-to-alien deeming, sponsorship refers to the individual who
signs an affidavit of support for a prospective immigrant to assure that the new immigrant
will not become a public charge. Under previous practice, the affidavit of support was
one option for meeting the public charge requirement. The new immigration act will
3 The regulations accompanying it are published as an interim rule, effective December 19
with a comment period through February 17 (Fed. Reg., October 20, 1997, pp. 54346-54356).

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increase the number of new immigrants with affidavits of support because it requires
them, regardless of income and means, for almost all family-based immigrants and for
employment-based immigrants who are coming to work for relatives.
Sponsor-to-alien deeming applies to new sponsored entrants for “federal means-
tested benefits.” This term is not statutorily defined, and federal agencies are designating
which of their programs they have determined to be means-tested. Both HHS and SSA
published notices in the Federal Register on August 26, 1997 interpreting the term to
apply only to benefits provided by federal means-tested mandatory spending programs.
They argue that means-tested programs under which the spending is discretionary are not
included. Three programs—Medicaid, TANF, and SSI—have been designated as means-
tested. This interpretation was and remains controversial. (See Immigration: the New
Affidavit of Support—Questions, Answers, and Issues
, CRS Report 97-1054.)
States are authorized but not required to adopt sponsor-to-alien deeming under state-
funded programs. States are also allowed to make their own determinations of means-
tested benefits, with exceptions prescribed by the welfare law. A state may sue sponsors
for reimbursement of means-tested benefits received by sponsored immigrants regardless
of whether the state has opted to deem sponsors’ income available to the sponsored
immigrants. However, various health, nutrition, education, and humanitarian assistance
are excepted from federal and state deeming and reimbursement requirements. As shown
in Table 2, the federal programs exempted from deeming are the same as those exempted
from the 5-year bar on new immigrants’ participation in means-tested programs.
Deeming pertains to whether a sponsored alien meets the means test for a covered
program, and application of deeming is unnecessary if an individual is categorically
disqualified from benefits on alienage grounds. For example, deeming does not come into
play for SSI or food stamps or, for the first 5 years after entry, for federal programs
covered by the 5-year bar on new entrants. At the same time, deeming may be applied by
a state for state programs during a new entrant’s first 5 years here if the state does not
categorically bar noncitizens from those programs because of their alienage.
Affidavits of support and sponsorship obligations. In implementing the public
charge exclusion under the INA, administrative authorities had required that prospective
immigrants without independent means or a sufficient job offer have an affidavit of
support filed for them by a U.S. resident. For the first time, the welfare and immigration
laws set statutory standards for affidavits of support and the pledges contained in them.
The new standards, which are made part of the INA, cover requirements for sponsors,
mandatory affidavits for family immigrants, and sponsorship liability, as follows:
! The sponsor signing the affidavit of support must be the person petitioning for the
immigrant’s admission.
! Sponsors must demonstrate the ability to maintain an annual income of at least
125% of the federal poverty line (100% for sponsors who are on active duty in U.S.
Armed Forces); or share liability with one or more joint sponsors, each of whom
must independently meet the income requirement.
! All family-based immigrants and employment-based immigrants coming to work
for relatives must have affidavits of support filed for them.
! Sponsors who fail to support sponsored aliens are legally liable to the sponsored
aliens and to any government agency that provides sponsored aliens needs-based

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assistance. As modified by the new immigration law, a sponsor’s liability ends
when the sponsored alien is no longer subject to deeming, either through
naturalization or meeting the 40 hour qualifying quarter work test.
Table 2. Alien Eligibility Provisions for Federal Benefits
Under the Welfare and Immigration Laws
“Qualified aliens”
“Qualified aliens”
“Non-qualified aliens”
Provisions
regardless of entry
entering after 8/22/96
date
PROGRAM
Food Stamps; SSI, unless
For 5 years after entry,
Most federal public benefits
on rolls 8/22/96 or here
dersignated federal means-
(with exceptions noted below).
INELIGIBILITY
then and later disabled.
tested public benefits
(with exceptions noted
At state option:*
below).
Temporary Assistance
for Needy Families,
Thereafter, the restrictions
Social Services Block
in the left column apply.
Grant, and Medicaid
(other than emergency
services and SSI-related)
PROGRAMS
“Qualified aliens” here
Emergency medical
Emergency medical services,
before 8/22/96 are not
services, disaster relief,
disaster relief, public health
EXCEPTED
barred by alienage status
public health assistance,
assistance, community
FROM
from programs not listed
community level services,
services, housing assistance
INELIGIBILITY
above.
school lunch, child
received at enactment, Social
nutrition, foster care and
Security and Medicare benefits
adoption assistance, Head
for lawful aliens, and school
Start, certain job training,
lunch and breakfast. Other
higher education
child nutrition and food
elem./sec., and Public
distribution programs at state
Health Service Act
option. (Does not change law
education assistance.
regarding public education.)
INDIVIDUALS
Refugees & asylees—7
Refugees and asylees;
Nonimmigrants only for
yrs. for SSI, Medicaid, 5
immigrants with 40 Social
contracts or licenses related to
EXCEPTED
yrs for other programs;
Security work quarters
their authorized employment,
FROM
immigrants with 40
(including quarters worked
and for benefits under
INELIGIBILITY
Social Security work
by spouse/parent);** and
reciprocal treaty agreements.
quarters (including
alien veterans, certain
quarters worked by a
active duty personnel, and
spouse/parent);** and
families.
alien veterans, certain
active duty personnel,
and families.
SPONSOR-TO-
New deeming rules
After 5-year bar, for
Not applicable.
applicable to qualified
designated federal means-
ALIEN
aliens entering after
tested programs until alien
DEEMING
8/22/96 and with
has 40 Social Security
REQUIRED?
affidavits complying
quarters (including
with new INA
quarters worked by a
requirements — see next
spouse/ parent);** with
column.
exceptions similar to 5-
year bar.
*State option applies 5 years after entry for qualified aliens entering after 8/22/96.
**For quarters worked after 1996, no quarter during which the alien received public assistance may be counted
toward the 40-quarter exception.