Noncitizen Eligibility for Federal Public
Assistance: Policy Overview and Trends
Ruth Ellen Wasem
Specialist in Immigration Policy
August 24, 2011
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Noncitizen Eligibility for Federal Public Assistance: Policy Overview and Trends
Summary
The extent to which residents of the United States who are not U.S. citizens should be eligible for
federally funded public aid has been a contentious issue for more than a decade. This issue meets
at the intersection of two major policy areas: immigration policy and welfare policy. The
eligibility of noncitizens for public assistance programs is based on a complex set of rules that are
determined largely by the type of noncitizen in question and the nature of services being offered.
Over the past 15 years, Congress has enacted significant changes in U.S. immigration policy and
welfare policy. Congress has exercised oversight of revisions made by the 1996 welfare reform
law (the Personal Responsibility and Work Opportunity Reconciliation Act, P.L. 104-193)—
including the rules governing noncitizen eligibility for public assistance that it established—and
legislation covering programs with major restrictions on noncitizens’ eligibility (e.g., food
stamps/SNAP, Medicaid).
This report deals with the four major federal means-tested benefit programs: the Supplemental
Nutrition Assistance Program (SNAP, formerly food stamps), the Supplemental Security Income
(SSI) program, Temporary Assistance for Needy Families (TANF) block grant programs, and
Medicaid. Laws in place for the past 15 years restrict the eligibility of legal permanent residents
(LPRs), refugees, asylees, and other noncitizens for most means-tested public aid. Noncitizens’
eligibility for major federal means-tested benefits largely depends on their immigration status;
whether they arrived (or were on a program’s rolls) before August 22, 1996, the enactment date of
P.L. 104-193; and how long they have lived and worked in the United States.
LPRs with a substantial work history or military connection are eligible for the full range of
programs, as are asylees, refugees, and other humanitarian cases (for at least five to seven years
after entry). Other LPRs must meet additional eligibility requirements. For SNAP, they generally
must have been legally resident for five years or be under age 18. Under TANF and SSI, they
generally are ineligible for five years after entry and then eligible at state option. States have the
option of providing Medicaid to pregnant LPRs and children within the five-year bar.
Unauthorized aliens (often referred to as illegal aliens) are not eligible for most federal benefits,
regardless of whether they are means tested, with notable exceptions for emergency services,
(e.g., Medicaid emergency medical care or Federal Emergency Management Agency disaster
services).
TANF, SSI, food stamp, and Medicaid recipiency among noncitizens decreased over the 1995-
2005 period, but appears to have inched upwards in 2009. While the 10-year decrease was
affected by the statutory changes, the poverty rate of noncitizens has also diminished over the
1995-2005 decade. The poverty rate for noncitizens residing in the United States fell from 27.8%
in 1995 to 20.4% in 2005. It has risen to 25.1% in 2009. Noncitizens are disproportionately
poorer than native-born residents of the United States.
This report does not track legislation and is updated as policy changes warrant.
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Noncitizen Eligibility for Federal Public Assistance: Policy Overview and Trends
Contents
Introduction...................................................................................................................................... 1
Overview of Alien Eligibility Law .................................................................................................. 1
Pre-1996 Program Policies ........................................................................................................ 1
The 1996 Welfare Reform Law ................................................................................................. 2
Post-1996 Revisions .................................................................................................................. 2
Current Eligibility Policy .......................................................................................................... 4
Citizens of the Freely Associated States.................................................................................... 5
Related Immigrant Policies Affecting Eligibility: Sponsorship and Deeming ................................ 6
“Public Charge”......................................................................................................................... 6
Historical Development....................................................................................................... 6
1996 Immigration Law Reforms ......................................................................................... 6
“Deeming” of Income and Resources ....................................................................................... 7
Pre-1996 Policy................................................................................................................... 7
Post-1996 Requirements ..................................................................................................... 8
Trends in Noncitizen Poverty and Benefit Use................................................................................ 8
Noncitizen Poverty Levels ........................................................................................................ 9
General Trends .................................................................................................................... 9
Comparative Analysis ....................................................................................................... 11
Noncitizen Benefit Use............................................................................................................ 12
Formative Research........................................................................................................... 12
Recent Findings................................................................................................................. 13
Program Participation Data ..................................................................................................... 15
Supplemental Security Income (SSI) ................................................................................ 16
Food Stamps/SNAP........................................................................................................... 16
Cash Assistance................................................................................................................. 17
Federal and State Benefit Eligibility Standards for Unauthorized Aliens...................................... 17
Federal Benefits....................................................................................................................... 17
State Benefits........................................................................................................................... 19
Figures
Figure 1. Noncitizen Residents in Poverty, 1994-2009 ................................................................. 10
Figure 2. Comparative Poverty Levels by Citizenship, 1995 and 2009 ........................................ 11
Figure 3. Percentage of Noncitizens Receiving Selected Assistance of Benefits: 1995,
1998, 2005, and 2009 ................................................................................................................. 13
Figure 4. Percentage Distribution of Recipients by Citizenship Status: 1995 and 2009 .............. 14
Figure 5. Noncitizens as a Percentage of all Food Stamp/SNAP, SSI, and TANF/AFDC
Cash Assistance, 1989-2009 ....................................................................................................... 16
Tables
Table 1. Poverty by Citizenship Status, 1995 and 2009................................................................. 10
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Appendixes
Appendix A. Noncitizen Eligibility for Selected Major Federal Programs ................................... 20
Appendix B. Estimated Benefit Usage, by Citizenship, for Selected Years .................................. 23
Appendix C. “Qualified Aliens” .................................................................................................... 24
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Noncitizen Eligibility for Federal Public Assistance: Policy Overview and Trends
Introduction
The extent to which residents of the United States who are not U.S. citizens should be eligible for
federally funded public aid has been a contentious issue since the 1990s. This issue meets at the
intersection of two major policy areas: immigration policy and welfare policy. Over the past 15
years, Congress has enacted significant changes in U.S. immigration policy and welfare policy.
Congress has exercised oversight of revisions made by the 1996 welfare reform law (the Personal
Responsibility and Work Opportunity Reconciliation Act, P.L. 104-193)—including the rules
governing noncitizen eligibility for public assistance that it established—and legislation covering
programs with major restrictions on noncitizens’ eligibility (e.g., food stamps/SNAP, Medicaid).
This report deals with the four major federal means-tested benefit programs: the Supplemental
Nutrition Assistance Program (SNAP, formerly food stamps), the Supplemental Security Income
(SSI) program, Temporary Assistance for Needy Families (TANF) block grant programs, and
Medicaid. It is organized into four main parts: an overview of existing eligibility law for the four
programs and the policies that preceded the 1996 act; an overview of related immigrant policies
affecting eligibility (specifically, the treatment of sponsored aliens); an analysis of trends in
noncitizen poverty and benefit use; and a summary of the eligibility rules for aliens residing in the
United States illegally. Appendices at the conclusion elaborate on the specifics of current
eligibility rules for the four major programs.
Overview of Alien Eligibility Law
Pre-1996 Program Policies
Prior to the major amendments made in 1996, there was no uniform rule governing which
categories of noncitizens were eligible for which government-provided benefits and services, and
there was no single statute where the rules were described. Alien eligibility requirements, if any,
were set forth in the laws and regulations governing the individual federal assistance programs.
Summarizing briefly, lawful permanent residents (i.e., immigrants) and other noncitizens who
were legally present (e.g., refugees) were generally eligible for federal benefits on the same basis
as citizens in programs where rules were established by law or regulation. These included major
public assistance programs like Aid to Families with Dependent Children (AFDC, the predecessor
of TANF), the SSI program, food stamps, and Medicaid. With the single exception of emergency
Medicaid, unauthorized (illegally present) aliens were barred from participation in all the major
federal assistance programs that had statutory provisions for noncitizens, as were aliens legally
present in a temporary status (i.e., nonimmigrants such as persons admitted for tourism,
education, or employment).
However, many health, education, nutrition, income support, and social service programs did not
include specific provisions regarding alien eligibility, and unauthorized aliens were potential
participants.1 These programs included, for example, the Special Supplemental Nutrition Program
1 For discussion of these issues, see CRS Report RL34500, Unauthorized Aliens’ Access to Federal Benefits: Policy
and Issues, by Ruth Ellen Wasem.
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for Women, Infants, and Children (the WIC program), child nutrition programs, initiatives funded
through the Elementary and Secondary Education Act, the Earned Income Tax Credit (EITC),
community and migrant health centers, and the Social Services Block Grant (SSBG) program.
The 1996 Welfare Reform Law
Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996
(PRWORA, P.L. 104-193) established comprehensive new restrictions on the eligibility of
noncitizens for means-tested public assistance—with significant exceptions for those with a
substantial U.S. work history or military connection. For legal permanent residents (LPRs) who
were resident as of enactment of the law (August 22, 1996), the act generally barred eligibility
(food stamps and SSI) or allowed it at state option (Medicaid and TANF). For food stamps and
SSI benefits, LPRs entering after August 22, 1996, (new entrants) also were denied eligibility,
with no time constraint. On the other hand, new entrants applying for Medicaid and the newly
established Temporary Assistance for Needy Families (TANF) program were barred for five years
after their entry, and then allowed eligibility at state option. Refugees and asylees were allowed
eligibility for five years after entry/grant of status, then made ineligible (unless they became
citizens or qualified under another status). Nonimmigrants (i.e., aliens on temporary visas) and
unauthorized aliens were barred from almost all federal programs.
Post-1996 Revisions
The 1996 changes made in the alien eligibility rules proved controversial, particularly the
termination of benefits for recipients who were receiving benefits or for legal residents of the
United States as of the date the new welfare law was enacted, August 22, 1996.
The SSI termination date for these recipients was extended from August 22, 1996, to September
30, 1997, by P.L. 105-18, signed into law on June 12, 1997. More extensive modifications to the
new alienage rules were then included in P.L. 105-33, the 1997 Balanced Budget Act, signed into
law on August 5, 1997. It amended the welfare reform law to provide that legal immigrants who
were receiving SSI as of August 22, 1996, continue to be eligible, regardless of whether their
claim was based on disability or age. Additionally, those who were here by August 22, 1996, and
subsequently become disabled were made eligible for SSI.
Food stamp eligibility was expanded by provisions of P.L. 105-185, the Agricultural Research,
Extension, and Education Reform Act of 1998. Eligibility was extended to several groups of
LPRs who were here as of August 22, 1996: elderly (65+) persons (not including those who
become 65 after August 22, 1996); individuals receiving government disability benefits
(including those who become disabled after August 22, 1996); and children (persons who were
under 18 as of August 22, 1996, until they become adults). Amendments in P.L. 105-33 and P.L.
105-185 extended the period of food stamp/SSI/Medicaid (but not TANF) eligibility for refugees
and asylees from five to seven years.
During the 107th Congress, P.L. 107-171, the “farm bill,” contained substantial changes to food
stamp eligibility rules for noncitizens, expanding food stamp eligibility to include the following
groups:
• all LPR children, regardless of date of entry (it also ended requirements to deem
sponsors’ income and resources to these children);
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• LPRs receiving government disability payments, so long as they pass any
noncitizen eligibility test established by the disability program (e.g., SSI
recipients would have to meet SSI noncitizen requirements in order to get food
stamps/SNAP); and
• all individuals who have resided in the United States for five or more years as
“qualified aliens”—that is, LPRs, refugees/asylees, and other non-temporary
legal residents (such as Cuban/Haitian entrants).2
• The changes to rules for the disabled became effective October 1, 2002; new
rules for children were effective October 1, 2003; and the five-year residence rule
went into effect April 1, 2003.
Subsequent laws have resulted in additional revisions, as follows:
• In 2007, §525 of the Consolidated Appropriations Act for FY2008 (P.L. 110-161)
permitted Iraqi and Afghan aliens who had been granted special immigrant status
under §101(a)(27) of the INA eligible for resettlement assistance, entitlement
programs, and other benefits available to refugees admitted under §207 of the
INA for a period not to exceed six months. Also, §409 of the Consolidated
Appropriations Act prohibited funds from being used to provide homeowners
assistance to foreign nationals who are neither an alien lawfully admitted for
permanent residence, nor authorized to be employed in the United States.
• P.L. 110-328 extends to nine years (during FY2009 through FY2011) the period
of eligibility of certain refugees, asylees, and aliens in other specified
humanitarian categories for SSI benefits, provided that the alien has a pending
naturalization application or makes a declaration that he or she has made a good
faith effort to pursue U.S. citizenship. It also made victims of trafficking among
the eligible population. As a result of this provision, the specified LPR must
additionally fit within one of several categories, which include being an LPR for
less than six years, applying for LPR status within four years of beginning to
receive SSI, being at least age 70, or being under age 18.3
• The Children’s Health Insurance Program Reauthorization Act of 2009 (CHIPRA
2009, P.L. 111-3) allows states to waive—for children and pregnant women who
are LPRs and battered individuals lawfully residing in the United States—key
elements of PRWORA: the statutory bar, the limited eligibility provision, and the
five-year bar, and thus gives states the option of providing Medicaid and State
Children’s Health Insurance Program (CHIP) to children and pregnant women
who are LPRs and battered individuals (described in section 431(c) of
PRWORA) lawfully residing in the United States during the first five years that
they are living in the United States. 4
2 Although the conference agreement did not explicitly adopt the Senate proposal to lift the current seven-year limit on
eligibility for refugees and asylees, adoption of a five-year legal residence rule would effectively eliminate it. Also see
Appendix C “Qualified Aliens.”
3 Those under 18 would not be subject to the naturalization or declaration requirement., as a person must be 18 years
old in order to file a naturalization petition.
4 For a complete analysis, see CRS Report R40144, State Medicaid and CHIP Coverage of Noncitizens, by Ruth Ellen
Wasem.
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Current Eligibility Policy
Under current law, legally resident noncitizens’ eligibility for the major federal means-tested
benefit programs depends on their immigration status; whether they arrived (or were on a
program’s rolls) before August 22, 1996 (the enactment date of P.L. 104-193); their work history
and military connection; their length of legal residence; and how states have exercised their
options to allow program participation by noncitizens.5 Following significant changes made by
the 1997, 1998, and 2002 amendments noted above, the basic rules now are as follows: 6
• Refugees and asylees are eligible for food stamps/SNAP.
• Refugees and asylees are eligible for SSI benefits and Medicaid for seven years
after arrival, and are eligible for TANF for five years.7 After this term, they
generally are ineligible for SSI, but may be eligible, at state option, for Medicaid
and TANF. As noted above, there is a time-limited extension of SSI for nine years
through FY2011 for refugees and asylees waiting to naturalize.
• LPRs with a substantial work history—generally 10 years (40 quarters) of work
documented by Social Security or other employment records—or a military
connection (active duty military personnel, veterans, and their families) are
eligible for the full range of programs.
• LPRs receiving SSI as of August 22, 1996, continue to be eligible for SSI.
• Medicaid coverage is required for all otherwise-qualified SSI recipients (they
must meet SSI noncitizen eligibility tests).
• Disabled LPRs who were legal residents as of August 22, 1996, are eligible for
SSI.
• Disabled LPRs are eligible for food stamps/SNAP.8
• LPRs who were elderly (65+) and legal residents as of August 22, 1996, are
eligible for food stamps/SNAP.
• LPRs who have been legal residents for five years or are children (under 18) are
eligible for food stamps/SNAP.
• LPRs entering after August 22, 1996, are barred from TANF and Medicaid for
five years, after which their coverage becomes a state option.9 States have the
5 In addition, “deeming” rules (discussed later in this report) may affect eligibility.
6 Appendix A lays out these rules in more detail, including special rules that apply to several limited noncitizen
categories: certain “cross-border” American Indians, Hmong/ Highland Laotians, parolees and conditional entrants, and
cases of abuse. Appendix C presents the basic eligibility rules from a different perspective, using a new
term/category—“qualified alien”—established by the 1996 welfare reform law but not otherwise used in immigration
or welfare law.
7 Refugee/asylee treatment is accorded to Cuban/Haitian entrants, certain aliens whose deportation/removal is withheld
for humanitarian purposes, Vietnam-born Amerasians fathered by U.S. citizens, and victims of human trafficking. For
those aliens who arrive in the United States without one of these forms of humanitarian relief, the seven- or five-year
period begins after the date the aliens receive the status.
8 For SSI eligibility, disabled LPRs must meet SSI permanent and total disability standards. For food stamp eligibility,
disabled LPRs must be receiving governmental benefits for disability (e.g., SSI, Social Security disability payments,
certain veterans disability benefits).
9 This five-year ban on eligibility for new entrants also applies to a program closely related to the Medicaid program—
(continued...)
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option to cover LPRs who are children or who are pregnant during the first five
years. For SSI, the five-year bar for new entrants is irrelevant because they
generally are denied eligibility (without a time limit).
Citizens of the Freely Associated States
Citizens of the Freely Associated States (FAS, which are the Marshall Islands, Micronesia, and
Palau) are afforded certain immigration-related benefits that enable them to travel freely to and
from the United States in a legal status akin to nonimmigrants.10 Citizens of the FAS who come
from the Republic of the Marshall Islands (RMI) and the Federated States of Micronesia (FSM)
are permitted to live, study, and work in the United States in accordance with the Compact of Free
Association Amendments Act of 2003 (Compact, P.L. 108-188).11 FAS citizens are not considered
LPRs under the Immigration and Nationality Act, but they are permitted to acquire LPR status if
otherwise eligible.12 While in the United States, FAS citizens from the RMI and FSM are able to
document their legal status with their RMI or FSM passports and the I-94 arrival/departure card
issued to them when they enter the United States. FAS citizens from the Republic of Palau do not
benefit from the immigration provisions in the Compact that permit those from the RMI or FSM
to seek employment, go to school, or establish a residence. Citizens of the Republic of Palau only
need to present an appropriate travel document, such as a valid passport or a certified birth
certificate, to enter the United States.13
Under current law, FAS citizens are not eligible for federal public benefits (except emergency
services and programs expressly listed, such as Medicaid emergency medical care or Federal
Emergency Management Agency disaster services). Prior to 1996, FAS citizens residing in the
United States were able to obtain federal assistance because they were considered “permanently
residing under color of law” (PRUCOL), which is an eligibility standard that is not defined in
statute. Historically, PRUCOL has been used to provide a benefit to certain foreign nationals who
the government knows are present in the United States, but whom it has no plans to deport or
remove.14 When Title IV of P.L. 104-193 established comprehensive limitations and requirements
on the eligibility of all noncitizens for means-tested public assistance, it effectively ended access
to federal benefits for foreign nationals who had been considered PRUCOL. As a consequence,
(...continued)
the State Children’s Health Insurance Program (CHIP). It is the only categorical noncitizen eligibility rule affecting
CHIP. The U.S. Department of Health and Human Services (HHS), however, promulgated regulations in 2002 allowing
states to provide CHIP coverage to fetuses. Since fetuses do not have an immigration status, states arguably can use this
option to provide prenatal care services to pregnant women, regardless of their immigration status. Fed. Reg. v. 67, pp.
61955–74, October 2, 2002.
10 Nonimmigrants are foreign nationals admitted to the United States for a temporary period of time and an expressed
purpose. For a complete discussion of nonimmigrants, see CRS Report RL31381, U.S. Immigration Policy on
Temporary Admissions, by Ruth Ellen Wasem.
11 The Compact of Free Association Act of 1985 (P.L. 99-239) as amended by the Compact of Free Association
Amendments Act of 2003 (P.L. 108-188).
12 For a discussion of the circumstances under which they would be subject to federal taxes, see CRS Report RS21732,
Federal Taxation of Aliens Working in the United States and Selected Legislation, by Erika K. Lunder.
13 For the documentation FAS citizens must have in order to work in the United States, see U.S. Citizenship and
Immigration Services (USCIS), Office of Business Liaison, Employment Bulletin, v. 106, Dec. 8, 2004.
14 For further information on PRUCOL, see CRS Report RL34500, Unauthorized Aliens’ Access to Federal Benefits:
Policy and Issues, by Ruth Ellen Wasem.
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citizens of the FAS residing in the United States are barred from receiving most federal public
benefits.
Related Immigrant Policies Affecting Eligibility:
Sponsorship and Deeming
“Public Charge”
Historical Development
Opposition to the entry of foreign paupers and aliens “likely at any time to become a public
charge”—language found in the Immigration and Nationality Act (INA) today—dates from
colonial times. A bar against the admission of “any person unable to take care of himself or
herself without becoming a public charge” was included in the act of August 3, 1882, the first
general federal immigration law. Over time, a policy developed in which applicants for immigrant
status can overcome the public charge ground for exclusion based on their own funds,
prearranged or prospective employment, or an affidavit of support from someone in the United
States.
An affidavit of support on behalf of a prospective immigrant had to be submitted as necessary by
one or more residents of the United States in order to provide assurance that the applicant for
entry would be supported in this country. Starting in the 1930s and continuing until the 1980s,
affidavits of support were administratively required by what was then the Immigration and
Naturalization Service (INS) but had no specific basis in statute or regulation. Court decisions
beginning in the 1950s generally held that affidavits of support were not legally binding on the
U.S. resident sponsors.15 The unenforceability of affidavits of support led to the adoption of
legislation in the late 1970s and early 1980s intended to make them more effective (see the
discussion of “deeming” of income and financial resources below).
1996 Immigration Law Reforms
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA, Division C
of P.L. 104-208), coupled with the 1996 welfare reform law, altered the obligations of persons
who sponsor immigrants arriving or adjusting to LPR status in the United States. The IIRIRA
standards, which are part of the INA, cover requirements for sponsors, mandatory affidavits for
family immigrants, and sponsorship liability, as follows:
• The person petitioning for the immigrant’s admission must be the sponsor
signing the affidavit of support.
• 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.
15 Department of Mental Hygiene v. Renal, 6 N.Y. 2d 791 (1959); State v. Binder, 356 Mich. 73 (1959).
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• All family-based immigrants as well as employment-based immigrants who are
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
assistance. As modified by the 1996 immigration law, a sponsor’s liability ends
when the sponsored alien is no longer subject to deeming, either through
naturalization or meeting a work test.16
• Since passage of IIRIRA, the affidavit of support is a legally binding contract
enforceable against the affiant (i.e., sponsors) if the immigrant collects any
means-tested benefit.17 Upon notification that a sponsored alien has received
designated means-tested benefits, the federal, state, or local entity which
provided the benefit must request the sponsor’s reimbursement for an amount
equal to the cost of the benefit.18 If the sponsor fails to respond to the request
within 45 days, the agency may commence an action in federal or state court.19
There is a 10-year limit on actions to obtain reimbursement.20
In the context of Medicaid, §214 of CHIPRA 2009 (P.L. 111-3) states: “no debt shall accrue under
an affidavit of support against any sponsor of such an alien on the basis of provision of assistance
to such category and the cost of such assistance shall not be considered as an unreimbursed cost.”
According to the legislative language, this provision applies only to LPRs who are covered under
§214 of that act; that is, LPRs who are pregnant or children, whom the state opts to provide CHIP
and Medicaid during their first five years in the United States.
“Deeming” of Income and Resources
Pre-1996 Policy
In response to concerns about the unenforceability of affidavits of support and the perceived
abuse of the welfare system by some newly arrived immigrants, legislation was enacted in the late
1970s and early 1980s limiting the availability of SSI, food stamps/SNAP, and Aid to Families
with Dependent Children (AFDC) to sponsored immigrants. The enabling legislation for these
programs was amended to provide that—for the purpose of determining financial eligibility—
immigrants who had used an affidavit of support to meet the public charge requirement would be
deemed to have a portion of their immigration sponsors’ income and resources available to them.
16 This work test is similar to the one applied in determining noncitizens’ eligibility for public assistance—attaining a
substantial work history of 10 years (40 quarters of documented work).
17 8 C.F.R. § 213a.1 defines “means-tested public benefit.” This includes food stamps/SNAP, Medicaid, Supplemental
Security Income (SSI), and Temporary Assistance for Needy Families (TANF).
18 8 U.S.C. § 1183a(b)(2). Despite the mandatory nature of the statutory language, Congress may lack constitutional
authority to compel states to request reimbursement of state funds from sponsors, and the statute itself recognizes that
the states have discretion on whether to follow up requests with further legal action.
19 8 U.S.C. § 1183a(b)(2)(A).
20 8 U.S.C. § 1183a(b)(2)(C).
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Post-1996 Requirements
The 1996 welfare reform law and the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 significantly expanded the use of sponsor-to-alien deeming as a means of restricting
the participation of new immigrants in federal means-tested programs.21 Both deeming and the
affidavits of support upon which deeming is based are intended to implement the provision of the
INA that excludes aliens who appear “likely at any time to become a public charge.”
The new deeming rules (primarily set out in the 1996 welfare reform act) are designed to make it
more difficult for sponsored aliens to meet financial tests for benefits—even if they pass the
“categorical” eligibility test by being in an eligible class of noncitizen. They apply to aliens who
enter after December 19, 1997 (the effective date of the new affidavit of support) and who apply
for TANF, Medicaid, SSI, or food stamps/SNAP. Under these rules, all of the income and
resources of a sponsor (and a sponsor’s spouse) may be deemed available to the sponsored
applicant for assistance until the noncitizen becomes naturalized or meets a work test. Previous
law contained specific deeming requirements only for SSI, food stamps, and AFDC (TANF’s
predecessor); only a portion of a sponsor’s income and resources was deemed to the sponsored
applicant; and deeming lasted for three years after entry (with a brief five-year rule for SSI).22
Since it is §213A of the INA that makes the affidavits of support legally binding, some policy
makers use “213A” as shorthand to identify who is covered by the deeming rules.
When IIRIRA made an affidavits of support a legally binding contract as discussed above, it also
directed the Attorney General to include “appropriate information” regarding affidavits of support
in the Systematic Alien Verification for Entitlements (SAVE) system. While Congress did not
specify exactly what information was to be included in the SAVE system, it did require the
Attorney General to establish an automated record of the sponsors’ social security numbers.23 The
SAVE system enables federal, state, and local governmental agencies to obtain immigration status
information to determine eligibility for public benefits. The goal of the system is to aid eligibility
workers in determining an applicant’s immigration status to ensure that only entitled applicants
receive public benefits.24
Trends in Noncitizen Poverty and Benefit Use
The eligibility rules for “means-tested” benefits are, by design, linked to income and poverty
among other criteria (e.g., citizenship status and family structure). This portion of the report
analyzes poverty among the foreign born and follows with a comparative analysis of benefit use
21 Enacted as Division C of the Omnibus Consolidated Appropriations Act for 1997 (P.L. 104-208), signed into law on
September 30, 1996.
22 The deeming period under SSI was five years from January 1994 through September 1996.
23 “The Attorney General shall ensure that appropriate information regarding the application of [affidavits of support] is
provided to the system for alien verification of eligibility (SAVE)” P.L. 104-208, §551(a); See also §213A(i)(2) of
INA.
24 SAVE’s statutory authority dates back to the Immigration Reform and Control Act of 1986 (IRCA). IRCA mandated
immigrant status verification of applicants for AFDC, Medicaid, unemployment compensation, and food stamps/SNAP,
and required an individual who is not a citizen or national of the United States to present documentation of alien status,
which shall be used to verify the alien’s immigration status with the INS through an automated or other system. IRCA
specified that the federal government would reimburse the states and any other entity charged with immigrant status
verification 100% of the cost incurred by implementing and operating the status verification system.
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Noncitizen Eligibility for Federal Public Assistance: Policy Overview and Trends
for the four major federal means-tested benefit programs: food stamps/SNAP, Supplemental
Security Income (SSI), Temporary Assistance for Needy Families (TANF) cash assistance, and
Medicaid.
Noncitizen Poverty Levels
One of the most comprehensive sources of information on the foreign born is the U.S. Census
Bureau’s March Current Population Survey (CPS). The Census Bureau conducts the CPS each
month to collect labor force data about the civilian noninstitutionalized population. The March
Supplement of the CPS gathers additional data about income, education, household
characteristics, and geographic mobility. Because the CPS is a sample of the U.S. population, the
results are estimates. Additionally, while the data distinguish between the foreign born who have
naturalized and those who have not, they do not distinguish between types of noncitizens (e.g.,
permanent, temporary, illegal).25
General Trends
The number of noncitizens who are poor has remained rather steady despite a substantial increase
in the number of foreign born over the past decade, as Figure 1 illustrates. The total number of
foreign born residents of the United States went from an estimated 24.5 million in 1995 to 37.6
million in 2009, and the number of those who were not citizens went from an estimated 16.6
million in 1995 to 22.6 million in 2009. During this same period, the estimated number of
noncitizens in poverty, defined as below 100% of the poverty level, dropped slightly from 4.6
million in 1995 to 4.4 million in 2005, then rose to 5.4 million in 2009.26 More significant to the
eligibility for federal assistance programs, the estimated number of naturalized citizens in poverty
rose from 0.8 million in 1995 to 1.7 million in 2009. This shift among the foreign-born citizens
and noncitizens may be due to a variety of factors, including the aging of the naturalized
population (and resulting diminished earnings), increased naturalization rates, and the earning
potential of newer, higher-skilled immigrants.
25 The CPS began collecting immigration data on the foreign born in 1994, and the first years were plagued by
problems of weighting, particularly with the Asian population in the sample, and by over-reporting of naturalization by
the foreign born. Most of these problems appear to have been resolved by 1996.
26 For an explanation of how poverty levels are calculated, CRS Report RL33069, Poverty in the United States: 2009,
by Thomas Gabe.
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Figure 1. Noncitizen Residents in Poverty, 1994-2009
Millions
Percent
25
100
20
80
15
60
All Noncitizen Residents
10
40
Percent in Poverty
5
20
Noncitizen Residents in Poverty
0
0
1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009
Source: CRS analysis of the CPS March Supplements, 1995-2010.
Table 1. Poverty by Citizenship Status, 1995 and 2009
(estimated in millions)
1995
2009
Total population
263.733 303.820
Estimated poor
36.425
43.569
Poverty rate
13.8%
14.3%
Naturalized citizens
7.904 16.024
Estimated poor
0.833
1.736
Poverty rate
10.5%
10.8%
Noncitizens
16.623 21.573
Estimated poor
4.619
5.425
Poverty rate
27.8%
25.1%
Source: CRS analysis of CPS by Thomas Gabe.
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Comparative Analysis
Noncitizens appeared to be disproportionately poorer than native-born residents of the United
States, as Table 1 shows. Noncitizens had an estimated poverty rate of 25.1%, in contrast to a
poverty rate of 14.3% for the total population in 2009. Naturalized citizens had the lowest poverty
rate of the three groups (10.8%) in 2009. Notably, the poverty rate for noncitizens residing in the
United States has fallen from 27.8% in 1995.27
Figure 2 provides a more detailed comparison of the change over the past 15 years in poverty by
citizenship status by grouping the CPS data into three poverty levels in comparison to the total
population: below 100% of poverty, from 100% to 199% of poverty, and at or above 200% of
poverty. Despite being an increasing share of the total population, the foreign born (naturalized
citizens and noncitizens) have remained a steady portion of those below 100% of poverty.
Noncitizens are poorer in comparison to their share of the total population. There are a variety of
factors that contribute to this variation, not the least of which are education and skill levels,
naturalization rates, and length of residency in the United States.
Figure 2. Comparative Poverty Levels by Citizenship, 1995 and 2009
Native
Naturalized
Noncitizens
1995
Less than
100%
2009
1995
100% to
199%
2009
1995
200% and
greater
2009
1995
Total
population 2009
0%
20%
40%
60%
80%
100%
Source: CRS analysis of the CPS March Supplements, 1996 and 2010.
27 For general statistics on poverty, see CRS Report RL33069, Poverty in the United States: 2009, by Thomas Gabe.
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Noncitizen Benefit Use
Formative Research
In 1995, the Congressional Research Service (CRS) analyzed data from the March 1994 CPS (the
first CPS to ask participants about their citizenship status) that indicated that the foreign born
were significantly more likely to use SSI, but were not significantly more likely to use AFDC or
food stamps.28 In AFDC, food stamps, and Medicaid, noncitizens had higher participation rates
than the native born, but naturalized citizens had lower participation rates than the native born.
However, in the SSI program both noncitizens and naturalized citizens had higher participation
rates than native-born citizens. This finding was especially true among the aged population.29
In addition to the elderly, the other major subgroup of the foreign born using welfare appeared to
be noncitizens from refugee-sending countries. While the 1995 CRS study did not disaggregate
refugees, Urban Institute analysts did try to do so in Senate testimony. Based also on the March
1994 CPS, they found that 13.1% of foreign born from the major refugee sending countries used
AFDC, SSI, or general assistance, compared to 5.8% of foreign born from other countries.30
The Urban Institute continued to analyze the CPS for noncitizen use of welfare and found
changes in usage from 1994 to 1997. Noteworthy among the principal findings of the later Urban
Institute study were the following:
• Use of public benefits among noncitizen households fell more sharply than
among citizen households between 1994 and 1997, 34% and 14% respectively.
• Those noncitizens imputed to be refugees experienced declines (33%) that were
at least as steep as other noncitizens despite the fact that most refugees continued
to be eligible for benefits in 1997.
• Noncitizen households accounted for a disproportionately large share of the
overall decline in welfare caseloads that occurred between 1994 and 1997.
• Welfare usage among elderly immigrants and naturalized citizens did not appear
to change between 1994 and 1997.
• Neither naturalization nor rising incomes accounted for a significant share of
noncitizens’ exits from public benefit use.
The Urban Institute analysis grouped use of SSI and general assistance in with AFDC/TANF
usage to measure overall welfare receipt.31
28 The CRS analysis analyzed three categories of citizenship status: native-born citizens, naturalized citizens, and
noncitizens, which are based on subchapter III of the INA. 8 U.S.C. §§ 1401-1452 and § 1101(a)(3).
29 CRS (archived) Report 95-276, Native and Naturalized Citizens and Noncitizens: An Analysis of Poverty Status,
Welfare Benefits, and Other Factors, by Michael O’Grady.
30 Fix, M., Passel, J.S., & Zimmermann, W. (1996). The use of SSI and other welfare programs by immigrants.
Testimony before the U.S. Senate [Judiciary] Subcommittee on Immigration, February 6, 1996. Washington, DC: The
Urban Institute.
31 Fix, M., & Passel, J.S., (1999).Trends in Noncitizens’ and Citizens’ Use of Public Benefits Following Welfare
Reform: 1994-97. Washington, D.C.: The Urban Institute.
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Recent Findings
More recently, CRS analysis of the March 2006 and 2010 CPS indicated public assistance usage
was down generally from 1995 to 2005 for all four programs (Figure 3), but the trend has reverse
in 2009 for Medicaid and SNAP. CPS data are self-reported and generally understate the actual
number of program beneficiaries. It is not possible to determine whether the increased media
debate on immigration’s costs and benefits may have suppressed noncitizens’ reporting of public
assistance. Nonetheless, the downward shifts in usage after enactment of PWORA are consistent
with those observed previously and are comparable to the general findings of the Urban Institute
and others.
Figure 3. Percentage of Noncitizens Receiving Selected Assistance
of Benefits: 1995, 1998, 2005, and 2009
Percent
25
20
15.4
14.5
15
13.7
12.8
10
9.2 9.5
8.5
6.4
5
4
3.2
2.3
2.5
1.2 1
1.5 1.3
0
1995 1998 2005 2009
1995 1998 2005 2009
1995 1998 2005 2009
1995 1998 2005 2009
Welfare
SSI
Medicaid
Food Stamps
SNAP
Source: CRS analysis of the CPS March Supplement, 1996, 1999, 2006, and 2010.
Notes: Food stamp data are by households; all other data are individuals. Welfare includes AFDC, TANF and
general cash assistance.
What is most intriguing from the latest analysis is that these general declines in program
beneficiaries are not evidenced consistently across the programs or among the three citizenship
groupings. As in the 1995 CRS study, this CRS analysis focused on three categories of citizenship
status: native-born citizens, naturalized citizens, and noncitizens. The benefit use patterns for
naturalized persons in the CPS samples offer exceptions to the general trends, as Figure 4
presents. Benefit receipt decreased in estimated total numbers for noncitizens in TANF, food
stamps/SNAP, and SSI, as detailed in Appendix B. The estimated participation of naturalized
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citizens rose in TANF, SSI, food stamps/SNAP, and Medicaid. The substantial increase in
immigration throughout the 1990s and into the 2000s is one of many factors that may be affecting
these trends, as are general economic and labor force factors and family structures.32
As Figure 4 illustrates, the estimated percentage of the welfare recipients (defined here as
individuals who reported receipt of AFDC, TANF, or general cash assistance) who were
noncitizens was virtually constant in 1995 (11.8%) and 2009 (11.6%), even though the total
caseload fell substantially. The estimated proportion of welfare recipients who were naturalized
citizens increased from 2.3% in 1995 to 4.8% in 2009.
Figure 4. Percentage Distribution of Recipients by Citizenship
Status: 1995 and 2009
Native
Naturalized
Noncitizens
1995
Welfare
2009
1995
SSI
2009
1995
Medicaid 2009
Food
1995
Stamps
2009
SNAP
1995
Total
Population 2009
0%
20%
40%
60%
80%
100%
Source: CRS analysis of the CPS March Supplement, 1996 and 2010.
Notes: Food stamp data are by households; all other data are individuals. Welfare includes AFDC, TANF and
general cash assistance.
Estimates of SSI usage from the CPS suggest a different pattern, one in which noncitizen usage
decreased from 9.9% in 1995 to 5.2% in 2009. Receipt of SSI among the naturalized increased
from 3.9% to 8.9% over the 15-year period. (Figure 4).
32 For analysis of immigration trends over this time period, see CRS Report RL32235, U.S. Immigration Policy on
Permanent Admissions, by Ruth Ellen Wasem.
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Both naturalized citizens and noncitizens as a percentage of Medicaid recipients rose markedly
from 1995 to 2009. Among natives, however, there was a decline over the decade (Figure 4). It is
important to note that reporting of Medicaid use in the CPS is reportedly plagued with
problems.33
CPS estimates of households receiving food stamps/SNAP indicate a pattern from 1995 to 2009
that resembles SSI and Medicaid. Similar to SSI, the proportion of recipients who are naturalized
citizens notably increased. The percentage of reported food stamp recipients who were
noncitizens in 2009 was 9.4%.
Program Participation Data
Analysis of SSI, TANF, and food stamp program participation data offers another perspective on
changes in noncitizen receipt of public assistance over time. (The administrative data for the
Medicaid program does not provide time series statistics on citizenship status.) These analyses
also reveal the ebb and flow of noncitizen program participation. We cannot assume, however,
that the program participation data always record a change in citizen status when a noncitizen
beneficiary naturalizes. The most recent data available are for FY2008 for SSI and TANF and
2009 for SNAP.
33 For further discussion, see U.S. House of Representatives Committee on Ways and Means, 2004 Green Book:
Background Material and Data on the Programs Within the Jurisdiction of the Committee on Ways and Means, chapter
15, Medicaid, March 2004.
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Figure 5. Noncitizens as a Percentage of all Food Stamp/SNAP, SSI, and
TANF/AFDC Cash Assistance, 1989-2009
Percent
25
TANF
SSI
Food Stamps/SNAP
20
15
10
8.7%
7.1%
5
3.8%
01989 1991 1993 1995 1997 1999 2001 2003 2005 2007 2009
Source: CRS presentation of data published annually by the Social Security Administration, the DHHS
Administration for Children and Families, and the USDA Food Stamp Quality Control Samples.
Supplemental Security Income (SSI)
The percentage of the SSI caseload that were noncitizens has dipped slightly in recent years, after
inching upward in the 1980s and early 1990s, as Figure 5 depicts. It stood at 8.7% (or 655,988
participants) in 2009 after peaking at 12.1% (or 785,410 participants) in 1995. In 2008,
noncitizens accounted for 26.9% of all aged SSI recipients, down from a high of 31.8% in 1995.
Noncitizens accounted for 5.3% of disabled (or blind) recipients in 2008, down from 6.3% in
1995.34
Food Stamps/SNAP
As illustrated in Figure 5, food stamp participation by noncitizens rose during the early 1990s,
then dropped by the late 1990s. The peak occurred in 1996 when 1.8 million noncitizens
comprised 7.1% of the 25.5 million food stamp recipients. The most recent available data from
the U.S. Department of Agriculture (USDA) SNAP Quality Control Samples estimated that
34 CRS Report 94-486, Supplemental Security Income (SSI), by Umar Moulta-Ali.
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noncitizens receiving food stamps/SNAP stood at 3.8% of 32.9 million SNAP recipients in
2009.35
Cash Assistance
The actual number of families or persons who receive TANF benefits is not known because there
is no comprehensive reporting on families receiving the range of TANF benefits and services. The
Department of Health and Human Services (HHS), however, does collect data on families
receiving ongoing assistance—most frequently cash welfare. The number of families receiving
cash welfare peaked in March 1994 at 5.1 million and dropped to 1.6 million in June 2008.36
The HHS data on characteristics of these TANF recipients indicate that, as a percentage of total
adult TANF cash assistance recipients, noncitizens legally in the United States who receive TANF
(formerly AFDC) increased from 7.0% in FY1989 to 12.3% in 1996, then dropped to 7.1% (of
869,463 adult recipients) in 2008. Figure 5 illustrates this curvilinear trend of noncitizen usage.
These data exhibit the same trend as that of the TANF recipients generally.
Thus far, most states have not exercised their option to bar LPRs from TANF. According to the
CRS State Noncitizen Eligibility Survey (SNES), 34 states and Washington, DC, reported that
they are exercising the option to provide TANF to LPRs after the five-year bar ends. In terms of
funding, 27 states and Washington, DC, reported that they used their own funds as well as federal
funds in 2000 and 2002 to cover the costs of providing TANF to those LPRs who were in the
United States prior to the passage of the 1996 welfare reform act. Twenty-six states and the U.S.
Virgin Islands reported that they used their own funds as well as federal funds to cover the costs
of providing TANF to those LPRs who were excluded (e.g., barred first five years) or whose
eligibility had expired (e.g., refugees after five years).37 Preliminary data from the 2004/2006
SNES for the most part indicate a continuation of these policies.
Federal and State Benefit Eligibility Standards for
Unauthorized Aliens
Federal Benefits38
Unauthorized aliens (often referred to as illegal aliens) are not eligible for most federal benefits,
regardless of whether they are means tested. The class of benefits denied is broad. The scope of
the bar on unauthorized aliens hinges on how broadly the clause “federal public benefit” is
implemented. The law defines this clause to be
35 CRS Report R41374, Reducing SNAP (Food Stamp) Benefits Provided by the ARRA: P.L. 111-226 and P.L. 111-296,
by Randy Alison Aussenberg, Jim Monke, and Gene Falk.
36 CRS Report RL32760, The Temporary Assistance for Needy Families (TANF) Block Grant: Responses to Frequently
Asked Questions, by Gene Falk.
37 CRS Report RL32363, State Policies on Immigrant Eligibility for Temporary Assistance for Needy Families (TANF),
by Ruth Ellen Wasem.
38 For a more complete analysis, see CRS Report RL34500, Unauthorized Aliens’ Access to Federal Benefits: Policy
and Issues, by Ruth Ellen Wasem.
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(A) any grant, contract, loan, professional license, or commercial license provided by an
agency of the United States or by appropriated funds of the United States; and (B) any
retirement, welfare, health, disability, public or assisted housing, postsecondary education,
food assistance, unemployment benefit, or any other similar benefit for which payments or
assistance are provided to an individual, household, or family eligibility unit by an agency of
the United States or by appropriated funds of the United States.39
So defined, this bar covers many programs whose enabling statutes do not individually make
citizenship or immigration status a criterion for participation. Thus, unauthorized aliens are
statutorily barred from receiving benefits that previously were not individually restricted—Social
Services Block Grants, and migrant health centers, for example—unless they fall within the 1996
welfare act’s limited exceptions. These statutory exceptions include the following:
• treatment under Medicaid for emergency medical conditions (other than those
related to an organ transplant);40
• short-term, in-kind emergency disaster relief;
• immunizations against immunizable diseases and testing for and treatment of
symptoms of communicable diseases;
• services or assistance (such as soup kitchens, crisis counseling and intervention,
and short-term shelters) designated by the Attorney General as: (i) delivering in-
kind services at the community level, (ii) providing assistance without individual
determinations of each recipient’s needs, and (iii) being necessary for the
protection of life and safety; and
• to the extent that an alien was receiving assistance on the date of enactment,
programs administered by the Secretary of Housing and Urban Development,
programs under title V of the Housing Act of 1949, and assistance under Section
306C of the Consolidated Farm and Rural Development Act.41
PRWORA sought further to prevent unauthorized aliens from receiving the Earned Income Tax
Credit (EITC) by also requiring that the social security numbers (SSN) of recipients (and spouses)
be valid for employment in the United States.42
P.L. 104-193 also states that individuals who are eligible for free public education benefits under
state and local law shall remain eligible to receive school lunch and school breakfast benefits.
(The act itself does not address a state’s obligation to grant all aliens equal access to education
under the Supreme Court’s decision in Plyler v. Doe.) Beyond these nutrition benefits, the act
neither prohibits nor requires a state to provide unauthorized aliens other benefits funded under
the National School Lunch Act or the Child Nutrition Act, or under the Emergency Food
39 §401(c) of PRWORA, 8 U.S.C. 1611.
40 For analysis, see CRS Report RL31630, Federal Funding for Unauthorized Aliens’ Emergency Medical Expenses, by
Alison Siskin.
41 Subtitle E of Title V of the Illegal Immigration Reform and Immigrant Responsibility Act (Division C of P.L. 104-
208) later facilitated the removal of unauthorized aliens from housing assistance. For analysis, see CRS Report
RL31753, Immigration: Noncitizen Eligibility for Needs-Based Housing Programs, by Alison Siskin and Maggie
McCarty.
42 For a legal analysis, see CRS congressional distribution memorandum, Legal Analysis of Whether Section 401 of the
Personal Responsibility and Work Opportunity Reconciliation Act Prohibits Unauthorized Resident Aliens from
Receiving Refundable Tax Credits, by Erika Lunder and Edward Liu, January 28, 2008 (available on request).
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Assistance Act, Section 4 of the Agriculture and Consumer Protection Act, or the Food
Distribution Program on Indian Reservations under the Food Stamp Act.
State Benefits
Unlike earlier federal law, P.L. 104-193 expressly bars unauthorized aliens from most state and
locally funded benefits. The restrictions on these benefits parallel the restrictions on federal
benefits. Unauthorized aliens are generally barred from state and local government contracts,
licenses, grants, loans, and assistance.43 The following exceptions are made:
• treatment for emergency conditions (other than those related to an organ
transplant);
• short-term, in-kind emergency disaster relief;
• immunization against immunizable diseases and testing for and treatment of
symptoms of communicable diseases; and
• services or assistance (such as soup kitchens, crisis counseling and intervention,
and short-term shelters) designated by the Attorney General as: (i) delivering in-
kind services at the community level, (ii) providing assistance without individual
determinations of each recipient’s needs, and (iii) being necessary for the
protection of life and safety.
Also, the restrictions on state and local benefits do not apply to activities that are funded in part
by federal funds; these activities are regulated under the 1996 law as federal benefits.
Furthermore, the law states that nothing in it is to be construed as addressing eligibility for basic
public education. Finally, the 1996 law allows the states, through enactment of new state laws, to
provide unauthorized aliens with state and local benefits that otherwise are restricted.44
Despite the federally imposed bar and the state flexibility provided by the 1996 law, states still
may be required to expend a significant amount of state funds for unauthorized aliens. Public
elementary and secondary education for unauthorized aliens remains compelled by judicial
decision, and payment for emergency medical services for unauthorized aliens remains compelled
by federal law. Meanwhile, certain other costs attributable to unauthorized aliens, such as
criminal justice costs, remain compelled by the continued presence of unauthorized aliens.45
43 For further analysis, see CRS Report RL34345, State and Local Restrictions on Employing, Renting Property to, or
Providing Services for Unauthorized Aliens: Legal Issues and Recent Judicial Developments, by Kate M. Manuel, Jody
Feder, and Alison M. Smith.
44 For further analysis, see CRS Report RS22500, Unauthorized Alien Students, Higher Education, and In-State Tuition
Rates: A Legal Analysis, by Jody Feder.
45 For a fuller discussion, see CRS Report RL33431, Immigration: Frequently Asked Questions on the State Criminal
Alien Assistance Program (SCAAP), by Karma Ester.
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Appendix A. Noncitizen Eligibility for Selected Major Federal Programs
Class of Alien
Food Stamps/SNAP
SSI
TANF
Medicaid
Legal permanent residents (LPRs):
—without a substantial (generally 10-year)
Ineligible for 5 years
Ineligible until naturalized,
Eligibility required for persons
Same as TANF, plus
work history,a
after entry, except:
except:
with a military connection.
coverage required for
SSI recipients. (Note:
Eligible for emergency
medical services.)
(1) persons with a
(1) persons with a military
Eligibility at state option for
Eligibility at state option
military connection,
connection,
persons resident in the U.S. as
for pregnant LPRs and
of August 22, 1996.Post-August
children, regardless of
(2) persons resident in
(2) persons receiving SSI
22, 1996, entrants: ineligible for
the date of entry.
the U.S. as of August
benefits as of August 22, 1996,
5 years after entry, then eligible
22, 1996, and age 65+
and
at state option.
at the time,
(3) persons resident in the U.S.
(3) persons receiving
as of August 22, 1996, and now
disability benefits, and
disabled (eligible for SSI
disability benefits).
(4) children under age
18.
(Note: Disabled children are
included as eligible if resident in
the U.S. as of August 22, 1996.)
—with a substantial (generally 10-year) work
Eligible.
Eligible.
Eligible.
Eligible.
history.a
Military connection:
—aliens with a military connection (active
Eligible.b
Eligible.b
Eligibleb.
Eligible.b
duty military personnel, honorably discharged
veterans, and their immediate families).
Humanitarian cases:
—asylees, refugees, Cuban/Haitian entrants,
Eligible
after
Eligible
for 7 years after
Eligible
for 5 years after
Eligible
for 7 years after
Iraqi and Afghan special immigrants, certain
entry/grant of such
entry/grant of such status.
entry/grant of such status.
entry/grant of such
aliens whose deportation/removal is being
status.
Ineligible after 7 years unless
Eligible at state option after 5
status. Eligible at state
withheld for humanitarian reasons, and
naturalized or if in receipt of SSI
years.
option after 7 years.
Vietnam-born Amerasians fathered by U.S.
benefits as of August 22, 1996.
citizens.c
CRS-20
Class of Alien
Food Stamps/SNAP
SSI
TANF
Medicaid
Special Cases:
—noncitizen “cross-border” American
Eligible.
Eligible.
Eligible at state option.
Eligible.
Indians,d
—Hmong/Highland Laotians,e
Eligible.
Eligible only if individual meets
Same as SSI. (Note: LPRs eligible
Same as SSI. (Note: LPRs
eligibility criteria for another
under conditions noted above
eligible under conditions
noncitizen category—e.g., as a
for TANF treatment of LPRs.)
noted above for
legal permanent resident,
Medicaid treatment of
asylee, refugee, person with a
LPRs.)
military connection.
—parolees and conditional entrants,f
Eligible.
Eligible only if individual:
Eligible if resident as of August
Same as TANF.
22, 1996. Ineligible for 5 years
(1) has a military connection,
after entry, if entry is post-
(2) was receiving SSI as of
August 22, 1996. Otherwise
August 22, 1996, or
eligible at state option.
(3) was resident in the U.S. as
of August 22, 1996, and is now
disabled (eligible for SSI
disability benefits).
—cases of abuse (battery or extreme
Eligible.
If not eligible as an LPR or
Eligible if resident as of August
Eligibility at state option
cruelty),g
humanitarian case, then eligible
22, 1996. Ineligible for 5 years
if the individual:
after entry, if entry is post-
August 22, 1996. Otherwise
(1) has a military connection,
eligible at state option.
(2) was receiving SSI as of
August 22, 1996, or
(3) was resident in the U.S. as
of August 22, 1996, and is now
disabled (eligible for SSI
disability benefits).
—victims of trafficking in persons,h
Eligible.
Same as food stamps/SNAP.
Eligible for 5 years after entry.
Eligible
for 7 years after
Eligible at state option after 5
entry. Eligible at state
years.
option after 7 years.
—aliens in temporary protected status, in
Ineligible.
Ineligible, unless in receipt of
Ineligible.
Eligible only for
extended voluntary departure (EVD) status,
SSI benefits August 22, 1996.
emergency services.
or deferred enforced departure (DED) status.
CRS-21
Class of Alien
Food Stamps/SNAP
SSI
TANF
Medicaid
Nonimmigrantsi
Ineligible.
Ineligible.
Ineligible.
Eligible
only
for
emergency services.
Unauthorized aliensj
Ineligible.
Ineligible.
Ineligible.
Eligible
only
for
emergency services.
Naturalized aliens
Eligible
on
Eligible on naturalization.
Eligible on naturalization.
Eligible on
naturalization.
naturalization.
a. A substantial work history consists of 40 “qualifying quarters” of work (credits) calculated as they would be for Social Security eligibility purposes—including work not
covered by Social Security and work credited from parents and spouses, but not including work performed after 1996 while receiving federal means-tested benefits
like TANF, food stamps/SNAP, or Medicaid. A qualifying quarter is a three-month period of full or part-time work with sufficient income to qualify the earner for
credit toward eligibility for Social Security benefits. The qualifying quarter income amount is increased annually, and, for 2001, stands at $830; no more than 4 credit
quarters can be earned in any 1 year. The qualifying quarter test takes into account work by an alien’s parent before the alien became 18 (including work before the
alien was born/adopted) and by the alien’s spouse (provided the alien remains married to the spouse or the spouse is deceased).
b. Eligible military personnel, veterans, and immediate family members also must be a legal permanent resident, or an asylee, refugee, Cuban/Haitian entrant, alien whose
deportation/removal is being withheld, parolee, or conditional entrant.
c. Includes Amerasians admitted as immigrants who were born in Vietnam during the Vietnam era and fathered by a U.S. citizen—as wel as their spouses, children, and
certain other immediate family members.
d. Noncitizen “cross-border” American Indians (from Canada or Mexico) are noncitizens who belong to a federally recognized tribe or who were born in Canada and
have the right to cross the Canadian-U.S. border unhindered (so-cal ed “Jay Treaty” Indians).
e. Members of a Hmong or Highland Laotian tribe when the tribe assisted U.S. personnel by taking part in military/rescue missions during the Vietnam era—including
spouses and unmarried dependent children.
f.
Eligible parolees must be paroled for at least 1 year.
g. Eligibility in abuse cases is limited to aliens who have been abused (subject to battery or extreme cruelty) in the U.S. by a spouse or other family/ household member,
aliens whose children have been abused, and alien children whose parent has been abused—where the alien has been approved for, or has pending an
application/petition with a prima facie case for, immigration preference as a spouse or child or cancellation of removal. The alien cannot be residing with the individual
responsible for the abuse, and the agency providing benefits must determine that there is a substantial connection between the abuse and the need for benefits.
h. Eligible for treatment as refugees under the provisions of Section 107 of the Victims of Trafficking and Violence Protection Act of 2000 (P.L. 106-386). Eligible victims
of trafficking in persons are those subjected to (1) sex trafficking where the act is induced by force, fraud, or coercion, or the person induced to perform the act is
under age 18, or (2) involuntary servitude. If age 18 or older, they must be “certified” as willing to assist in the investigation and prosecution of the trafficker(s) and
have made an application for a nonimmigrant “T” visa (or be in the U.S. to ensure the effective prosecution of the trafficker(s)).
i.
Nonimmigrants are those admitted temporarily for a limited purpose (e.g., students, visitors, or temporary workers).
j.
Unauthorized (“illegal”) aliens are those in the U.S. in violation of immigration law for whom no legal relief or recognition has been extended.
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Appendix B. Estimated Benefit Usage, by Citizenship, for Selected Years
Native
Naturalized
Noncitizens
1995 1998 2001 2007 1995 1998 2001 2007 1995 1998 2001 2007
Estimated number of recipients (in millions)
AFDC/TANF
4.25 2.51 1.74 1.41 0.11 0.11 0.08 0.06 0.58 0.35 0.26 0.18
SSI
4.15 4.20 4.33 4.37 0.19 0.32 0.41 0.39 0.47 0.38 0.26 0.28
Medicaid
28.53 25.06 28.30 35.20 0.55 0.79 1.09 1.61 2.54 1.80 1.99 2.74
Food
stamps/SNAP
25.11 21.85 16.01 20.50 0.44 0.44 0.55 0.63 2.48 1.47 1.19 1.70
Total
population
239.2 244.6 249.1 261.2 7.9 9.9 12.0 15.1 16.6 16.6 16.6 22.2
Percent of total recipients by citizenship category
AFDC/TANF
86.0 84.4 83.8 85.6 2.3 3.9 3.7 3.4 11.8 11.8 12.4 11.1
SSI
86.2 85.8 86.6 86.7 3.9 6.5 8.1 7.8 9.9 7.8 5.3 5.6
Medicaid
90.2 90.6 90.2 89.0 1.7 2.8 3.5 4.1 8.0 6.5 6.3 6.9
Food
stamps/SNAP
89.6 90.6 90.2 89.8 1.6 2.2 3.1 2.8 8.9 7.2 6.7 7.5
Percent of receipt within citizenship category
AFDC/TANF
2.3 1.3 0.9 0.5 1.5 1.2 0.7 0.4 3.9 2.3 1.4 0.8
SSI
2.3 2.3 2.3 1.7 2.4 3.3 3.5 2.6 3.2 2.5 1.4 1.3
Medicaid
11.9 10.2 11.4 13.4 6.9 8.0 9.1 10.7 15.3 10.9 9.7 12.3
Food
stamps/SNAP
10.5 7.6 6.4 7.8 5.6 4.5 4.6 4.2 14.9 8.9 5.8 7.7
Source: CRS analysis of CPS March Supplements, 1996, 1999, 2002, and 2008.
Note: Food stamp data are by households; all other data are individuals. Welfare includes AFDC, TANF and general cash assistance.
CRS-23
Noncitizen Eligibility for Federal Public Assistance: Policy Overview and Trends
Appendix C. “Qualified Aliens”
The 1996 welfare law divided noncitizens into two general categories for purposes of benefit
eligibility. The least restrictive category is that of qualified aliens, a category that, despite its
name, is subject to numerous limitations and does not itself indicate eligibility for assistance.
Qualified aliens are legal permanent residents, refugees, aliens paroled into the United States for
at least one year, and aliens granted asylum or related relief. The 1996 immigration law added
certain abused spouses and children as another class, and P.L. 105-33 added Cuban-Haitian
entrants.
The other, more restrictive category is that of non-qualified aliens. It consists of other
noncitizens, including unauthorized (illegal) aliens, nonimmigrants (i.e., aliens admitted for a
temporary purpose, such as education or employment), short-term parolees, asylum applicants,
and various classes of aliens granted temporary permission to remain. Non-qualified aliens
generally are ineligible for almost all federal assistance provided directly to households or
individuals. Limited exceptions include emergency medical services and disaster relief.46
In general, qualified aliens compose the “universe” of potentially eligible noncitizens. As noted
below and in the earlier portions of this report, however, these aliens must, in most cases, pass
another test to gain eligibility. In addition, some classes of noncitizens who are not specifically
listed as qualified aliens (e.g., Hmong/Highland Laotians, Vietnam-born Amerasians fathered by
U.S. citizens) are indeed eligible for benefits. Qualified aliens are subject to eligibility restrictions
that vary by program (see Appendix A) and may be subject to sponsor-to-alien deeming rules
that affect their financial eligibility for aid (noted earlier in this report).
• To gain eligibility for food stamps/SNAP, qualified aliens must (1) have a
substantial work history or military connection; (2) have been resident in the
United States as of August 22, 1996, and meet certain age or disability
requirements; or (3) be within seven years of entry (e.g., if a refugee/asylee).
• To gain eligibility for SSI, qualified aliens must (1) have a substantial work
history or military connection; (2) have been an SSI recipient as of August 22,
1996; (3) have been resident in the United States as of August 22, 1996, and be
disabled; or (3) be within seven years of entry (e.g., if a refugee/asylee).
• To gain eligibility for TANF, qualified aliens must (1) have a substantial work
history or military connection; (2) be in a state that has chosen to allow eligibility
to those resident as of August 22, 1996, and/or new entrants who have been
resident five years; or (3) be within five years of entry (e.g., if a refugee/asylee).
New entrants are not eligible for five years after entry.
• To gain eligibility for Medicaid, qualified aliens must (1) have a substantial work
history or military connection; (2) be in a state that has chosen to allow eligibility
to those resident as of August 22, 1996, and/or new entrants who have been
resident five years; or (3) be within seven years of entry (e.g., if a refugee or
asylee). For Medicaid and CHIP, new entrants are not eligible for 5 years after
entry, except in the states that have opted to cover children and pregnant LPRs.
46 For discussion of these legislative activities, see CRS Report RL33102, Federal Food Assistance in Disasters:
Hurricanes Katrina and Rita, by Joe Richardson.
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Noncitizen Eligibility for Federal Public Assistance: Policy Overview and Trends
However, for CHIP, the five-year ban is the only additional citizenship-related
eligibility requirement that must be met by qualified aliens.
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