Noncitizen Eligibility for Supplemental Security February 23, 2021
Income (SSI)
Abigail F. Kolker,
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
Analyst in Immigration
disabled children. The program is intended to provide aged, blind, or disabled
Policy
individuals with a minimum level of income to meet their basic needs for food and

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

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

requirements. Historical y, noncitizen eligibility for SSI was limited to lawful permanent
residents (LPRs; also known as green-card holders) and noncitizens otherwise
permanently residing under color of law 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
noncitizen eligibility requirements for most federal public benefits as part of welfare reform. Title IV of the
Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA; P.L. 104-193, as amended)
restricted noncitizen eligibility for most federal public benefits to qualified aliens, a term that includes LPRs,
refugees, asylees, aliens paroled into the United States for at least one year, and aliens granted withholding of
removal. PRWORA also imposed additional restrictions on noncitizen eligibility for certain federal means-tested
public benefits, including SSI. As a result, noncitizen eligibility for SSI is limited largely to the following groups:
 LPRs who (1) have 40 qualifying quarters of work (about 10 years) and (2) have satisfied a five-
year waiting period from their entry/grant of status;
 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
children of such veterans or servicemembers;
 certain aliens who are lawfully residing in the United States and were receiving SSI on August
22, 1996;
 qualified aliens who were lawfully residing in the United States on August 22, 1996, and are now
blind or disabled; and
 certain American Indians.
In addition, the following noncitizens may be eligible for SSI for a maximum of seven years:
 refugees,
 asylees,
 aliens granted withholding of removal,
 Cuban-Haitian Entrants,
 Amerasian immigrants,
 certain abused spouses and children, and
 Iraqi and Afghan special immigrants.
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
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for SSI and the amount of the cash payment (if any). This process, known as sponsor deeming, applies until the
sponsored noncitizen becomes a U.S. citizen or accumulates 40 qualifying quarters of work.
In December 2019, SSI issued payments to 430,352 noncitizens, representing 5.3% of the nearly 8.1 mil ion SSI
recipients overal . The average monthly SSI payment to noncitizens was $502.32; the average monthly SSI
payment to citizens was $569.26. Nearly three-fourths (73.5%) of al noncitizens receiving SSI were aged 65 or
older. Most noncitizen SSI recipients (60.0%) were female, and just over half (50.6%) concurrently received a
Social Security benefit.
The number of noncitizens receiving SSI peaked in 1995 at around 785,000, representing 12.1% of al SSI
recipients. The number of noncitizen SSI recipients declined markedly in 1996 and 1997, following PRWORA’s
enactment, rebounded slightly from 1998 through 2002, and then began a period of decline through 2019. In
December 2019, noncitizens comprised 13.8% of SSI recipients aged 65 or older, 2.4% of SSI recipients aged 18
to 64 and 0.3% of SSI recipients under age 18.

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Contacts
Author Information ....................................................................................................... 26

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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
disabled individuals who have limited financial means. The availability of SSI for noncitizens
depends on the noncitizen’s immigration status as wel as certain other factors.1 The specific
conditions under which noncitizens may be eligible for SSI are complex and general y differ from
those applicable to other federal programs. To assist lawmakers in understanding the landscape of
noncitizens’ access to federal public benefits, this report examines noncitizen eligibility for SSI.
The report begins by providing an overview of SSI and the immigration categories under which
noncitizens are often classified for purposes of federal public benefits. Next, it examines the
federal laws governing noncitizen eligibility for SSI, as wel as the specific eligibility
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.
Overview of SSI
As noted, SSI is a federal assistance program that provides monthly cash payments to aged, blind,
or disabled individuals who have limited income and resources (i.e., assets).2 The program is
intended to provide a minimum level of income to adults who have difficulty meeting their basic
living expenses due to age or disability and who have little or no Social Security or other income.
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
apply for most other benefits for which they may be eligible. Cash assistance is provided only to
those whose income and resources are within prescribed limits (i.e., the program is means tested).
Some states supplement SSI payments with state funds. In most states, SSI recipients are
automatical y eligible for Medicaid.
To qualify for SSI, a person must (1) be aged, blind, or disabled as defined in Title XVI of the
Social Security Act, (2) have limited income and resources, and (3) meet certain other
requirements. Aged refers to individuals aged 65 or older. Blind 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
of 20 degrees or less. For adults, disabled refers to the inability to perform substantial gainful
activity due to any medical y determinable physical or mental impairment that is expected to last
for at least one year or result in death. For children, disabled refers to a medical y determinable
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 hroughout this report, the terms noncitizens, foreign nationals, and aliens are used interchangeably. Federal
immigration law uses the term alien, defined by the Immigration and Nationality Act (INA), to mean persons who are
not U.S. citizens or U.S. nationals (e.g., persons born in certain U.S. territories, such as American Samoa). For the
purposes of this report, the term U.S. citizen includes U.S. nationals.
2 For more information on Supplemental Security Income (SSI), see CRS In Focus IF10482, Supplemental Security
Incom e (SSI), and CRS Report R44948, Social Security Disability Insurance (SSDI) and Supplemental Security Income
(SSI): Eligibility, Benefits, and Financing .
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for a couple if both members are SSI eligible.3 Countable income is subtracted from the FBR on a
dollar-for-dollar basis in determining SSI eligibility and the amount of the payment (if any).4 The
countable resource limit is $2,000 for an individual and $3,000 for a couple.5
In addition to the categorical and financial requirements, a person must be a resident of the 50
states, the District of Columbia, or the Northern Mariana Islands to qualify for the program.6
Residents of public institutions (such as jails or prisons) are general y ineligible for SSI.
Moreover, a person must meet certain living arrangement, citizenship/immigration, and other
requirements to qualify for the program.
SSI is administered by the Social Security Administration (SSA) but is not part of the Old-Age,
Survivors, and Disability Insurance program, commonly known as Social Security.7 SSI
eligibility is based on financial need, and the program is funded by general revenues. In contrast,
Social Security eligibility is based on work or familial-relationship requirements and the program
is funded primarily by payroll taxes. However, individuals with low Social Security benefits may
be eligible for SSI if they meet applicable program requirements.
In December 2020, SSI provided nearly $4.8 bil ion in federal y administered payments to
approximately 8.0 mil ion recipients.8 About one-third of al SSI recipients that month also
received Social Security benefits.9
Noncitizens and Immigration Categories
Noncitizen eligibility for public benefits, including SSI, varies across categories of immigrants.
Although the universe of immigration categories is vast, this report focuses on the following
categories, in alphabetical order, which are frequently of interest to lawmakers in examining
noncitizen eligibility 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
https://www.ssa.gov/oact/cola/SSIamts.html
4 In counting income, SSI excludes the first $20 per month of any income (earned or unearned), as well as the first $65
per month of earned income plus one-half of any earned income in excess of $65 per month.
5 In counting resources, SSI excludes the value of one’s house, car, and household goods and perso nal effects.
6 SSI is not available to residents of Puerto Rico, Guam, the Virgin Islands, or American Samoa, regardless of their
citizenship or immigration status.
7 See CRS In Focus IF10426, Social Security Overview; and CRS Report R42035, Social Security Primer.
8 SSA, “Monthly Statistical Snapshot, December 2020,” January 2021, T able 3, at https://www.ssa.gov/policy/docs/
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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 Certain abused spouses and children refers to certain foreign nationals who
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
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,
an application with a prima facie case for immigration preference as a spouse or
child or cancel ation of removal (e.g., Violence Against Women Act [VAWA]
Self-Petitioners).
 Cuban-Haitian Entrants are foreign nationals admitted into the United States
for humanitarian reasons.13
 Deferred Action for Childhood Arrivals (DACA) recipients are unauthorized
childhood arrivals who have been granted renewable two-year protection from
removal.14
 Freely Associated States (FAS) migrants are citizens of the Marshal Islands,
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
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 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 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
 Parolees are foreign nationals granted permission to enter or remain temporarily
in the United States for urgent humanitarian reasons or significant public benefit.
Immigration parole is granted on a case-by-case basis.19
 Refugees20 and asylees21 are foreign nationals fleeing their countries because of
persecution, or a wel -founded fear of persecution, on account of race, religion,
nationality, membership in a particular social group, or political opinion. They
are permitted to live in the United States indefinitely. After one year in these
statuses, they may apply to adjust their immigration status to become LPRs.22
 Temporary Protected Status (TPS) holders are foreign nationals who have been
granted temporary relief from removal due to armed conflict, natural disaster, or
other extraordinary circumstances in their home countries that prevent their safe
return.23
 Unauthorized immigrants (sometimes referred to as undocumented immigrants)
are foreign nationals who enter without inspection, enter with fraudulent
documents, or enter legal y 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 adjustment of status refers to the process of applying for LPR status (i.e., a green card) from within
the United States (as opposed to applying for an immigrant visa from a U.S. embassy or consulate abroad).
23 For more information, see CRS Report RS20844, Temporary Protected Status: Overview and Current Issues.
24 22 U.S.C. §§7101 et seq.
25 Victims of trafficking who have not received a T visa but 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 St ates. 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 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
financial y supporting the sponsored immigrant (see “Sponsor Deeming and Reimbursement” for
more information).
Noncitizen eligibility for SSI is governed largely by two federal laws: (1) Title XVI of the Social
Security Act28 and (2) Title IV of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (PRWORA; P.L. 104-193, as amended), also known as the 1996
welfare reform law.29 This section provides a basic overview of the noncitizen eligibility
requirements under these laws and discusses how the two laws interact.
Title XVI of the Social Security Act
Since SSI’s enactment in 1972, the program has imposed restrictions on noncitizen eligibility.30
Section 1614(a)(1)(B) of the Social Security Act limits eligibility 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,” Social Security
Bulletin, 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 (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
immigration.”35 Enacted on August 22, 1996, PRWORA amended immigration law to establish an
overarching set of noncitizen eligibility requirements for most federal public benefits. Subsequent
amendments from 1996 through 1998 modified PRWORA’s requirements to form the basic
framework that applies today.36 While PRWORA created blanket noncitizen eligibility
requirements, noncitizen eligibility is not uniform across federal public benefit programs because
PRWORA interacts with other laws, regulations, and guidance that govern each individual
program.
PRWORA defines federal public benefit to include “any retirement, welfare, health, disability ...
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.” 37 PRWORA exempts certain types of programs, usual y thought of as
emergency programs, from its noncitizen eligibility requirements.38 Because SSI provides means-
tested cash payments on the basis of age or disability, it is included in the definition of federal
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 (1) delivering in-kind services at the community level, (2) providing assistance without individual
determinations of each recipient’s needs, and (3) being necessary for the protection of life and safety. Aliens who do
not meet the definition of qualified aliens are eligible for these emergency programs.
39 For more information on the legal framework governing T itle IV of PRWORA, see CRS Report R46510,
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 requirements in
more detail and note the limited instances in which the noncitizen eligibility requirements under
Title XVI of the Social Security Act apply.
Restrictions on Noncitizen Eligibility
PRWORA imposes a number of restrictions on noncitizen eligibility for SSI. These restrictions
are structured to prohibit noncitizens from being eligible for SSI unless they meet specified
criteria. In general, noncitizens must meet the following requirements to be potential y eligible
for SSI:
 be a qualified alien, and
 meet an exception condition (i.e., a set of additional requirements that permits
qualified aliens to overcome a general prohibition on eligibility for SSI).
In addition, LPRs must typical y satisfy a five-year waiting period requirement, known as the
five-year bar, to be potential y eligible for SSI.
PRWORA exempts certain noncitizens from some or al of the aforementioned restrictions on
noncitizen eligibility for SSI.
This section discusses PRWORA’s restrictions on noncitizen eligibility for SSI in more detail.
Table 1 at the end of the section displays information on SSI eligibility for the immigration
categories discussed in the report (see “Noncitizens and Immigration Categories”).
Qualified Alien
PRWORA explicitly states that aliens, unless they are qualified aliens,43 are ineligible for federal
public benefits.44 Qualified aliens are LPRs,45 refugees,46 asylees,47 aliens paroled into the United
States for at least one year,48 and aliens granted withholding of removal.49 The Il egal
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
qualified aliens.50 The Balanced Budget Act of 1997 (BBA 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. §1641(b)(3) and (6). For the purposes of this report, the term refugee includes refugee-like aliens who
arrived prior to 1980 and were granted conditional entry. For more information, see CRS Report R45539, Im migration:
U.S. Asylum Policy.
47 8 U.S.C. §1641(b)(2).
48 8 U.S.C. §1641(b)(4).
49 8 U.S.C. §1641(b)(5).
50 Certain battered aliens are eligible for federal public benefits if they can demonstrate (in the o pinion of the agency
providing such benefits) that “ there is a substantial connection between such battery or cruelty and the need for the
benefits to be provided” (P.L. 104-193 §431(c)(1)(A); 8 U.S.C. §1641(c)).
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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 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
requirement and thus may be eligible for SSI.56 However, nonqualified aliens who were receiving
SSI on August 22, 1996, are required to meet the noncitizen eligibility requirements under Title
XVI of the Social Security Act (including SSI’s PRUCOL standard) to remain eligible for the
program.57
Exception Conditions for Qualified Aliens under SSI
PRWORA includes additional restrictions for certain federal public benefit programs.58 For SSI,
PRWORA specifies that qualified aliens are ineligible for the program unless they meet a listed

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
Assistance Program (SNAP; formerly the Food Stamp Program), T emporary Assistance for Needy Families (T ANF),
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exception, also known as an exception 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 “40 Qualifying-Quarters
Requirement for LPRs” for more information);59
 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
active duty member of the U.S. Armed Forces, or [3] the spouse, unmarried
surviving spouse, or unmarried dependent child of such veteran or
servicemember);60
 qualified aliens who are lawfully residing in the United States and were receiving
SSI on August 22, 1996 (i.e., the date of PRWORA’s enactment);61
 qualified aliens who were lawfully residing in the United States on August 22,
1996, and are now blind or disabled;62
 certain American Indians;63
 qualified aliens who are receiving SSI after July 1996 based on an application
filed before January 1, 1979, and who meet certain other requirements;64 and
 qualified aliens in one of the following categories who acquired their status
within seven years of filing for SSI (see “Time-Limited Eligibility for Certain
Humanitarian Groups (Seven-Year Limit)” for more information):
 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 to meet work requirements to qualify
for SSI. However, PRWORA effectively imposes work requirements on LPRs to qualify for the program, unless they
(1) can be credited with the work history of an eligible spouse or parent or (2) meet another exception condition.
60 8 U.S.C. §1612(a)(2)(C). A veteran must fulfill minimum-active duty service requirements and have been released
with a discharge characterized as honorable and not on account of alienage (see CRS Report R42324, Who Is a
“Veteran”?—Basic Eligibility for Veterans’ Benefits). A member of the U.S. Armed Forces must be on active duty,
other than active duty for training. For more information, see SSA, POMS, “ SI 00502.140 Veteran or Active Duty
Member of the Armed Forces, a Spouse, or a Dependent Child,” October 26, 2017, at https://secure.ssa.gov/apps10/
poms.nsf/lnx/0500502140.
61 8 U.S.C. §1612(a)(2)(E). For more information, see SSA, POMS, “ SI 00502.150 Qualified Aliens Receiving
Benefits On 8/22/96 (Balanced Budget Act of 1997, P.L. 105-33),” August 5, 2014, at https://secure.ssa.gov/apps10/
poms.nsf/lnx/0500502150.
62 8 U.S.C. §1612(a)(2)(F). For more information, see SSA, POMS, “ SI 00502.142 Qualified Aliens Who Are Blind Or
Disabled And Were Lawfully Residing In T he U.S. On 8/22/96 ,” April 14, 2018, at https://secure.ssa.gov/apps10/
poms.nsf/lnx/0500502142.
63 8 U.S.C. §1612(a)(2)(G). For more information, see SSA, POMS, “ SI 00502.105 Exemption from Alien Provisions
for Certain Noncitizen Indians,” August 5, 2014, at https://secure.ssa.gov/apps10/poms.nsf/lnx/0500502105.
64 8 U.S.C. §1612(a)(2)(H). T o qualify under this exception, SSA must lack clear and convincing evidence that the
individual is an alien who would otherwise be ineligible for SSI benefits under 8 U.S.C. §1612. For more information,
see SSA, POMS, “ SI 00502.120 Eligibility on the Basis of Receiving SSI Benefits on an Application Filed Before
January 1, 1979,” November 26, 2013, at https://secure.ssa.gov/apps10/poms.nsf/lnx/0500502120.
65 8 U.S.C. §1612(a)(2)(A)(i).
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 asylees,66
 aliens granted withholding of removal,67
 Cuban-Haitian Entrants,68 or
 Amerasian immigrants.69
Nonqualified aliens who were receiving SSI on August 22, 1996, are not required to meet an
exception condition to be potential y eligible for SSI.70
40 Qualifying-Quarters Requirement for LPRs
PRWORA requires LPRs to have worked or be credited with 40 qualifying quarters, which is
about 10 years of work, to be potential y eligible for SSI.71 A qualifying quarter is equivalent to a
Social Security quarter of coverage (also known as a Social Security credit), but with two notable
modifications.72 First, qualifying quarters are based on earnings covered by Social Security as
wel as earnings not covered by Social Security.73 Second, LPRs may be credited with qualifying
quarters based on their own work record and/or the work record of an eligible spouse or parent.74
This crediting process may al ow LPRs with little or no work history (e.g., children) to meet the
40 qualifying-quarters requirement. However, PRWORA prohibits the crediting of a qualifying
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 aliens are not subject to the requirements of 8 U.S.C. §1612(a), which apply to
qualified aliens.
71 8 U.S.C. §1612(a)(2)(B)(ii). See also SSA, POMS, “SI 00502.135 LAPR with 40 Qualifying Quarters of Earnings,”
June 21, 2017, at https://secure.ssa.gov/apps10/poms.nsf/lnx/0500502135. LPRs who meet another exception condition
(e.g., military connection) may be eligible for SSI without having to meet the 40 -qualifying quarters requirement.
72 Under Social Security, workers qualify for benefits by accruing a sufficient number of quarters of coverage (or
credits) based on their earnings from jobs covered by the program (i.e., earnings subject to the Social Security payroll
tax). In 2021, workers earn one credit for each $1,470 in covered earnings, up to the maximum of four credits per year.
T he amount of earnings needed for a Social Security credit is adjusted annually for average wage growth in the national
economy. Because workers can earn no more than four credits per year, 40 credits is equivalent to about 10 years of
work. (Note that 40 credits is the minimum requirement to qualify for Social Security retired-worker benefits.) For
more information, see SSA, How You Earn Credits, publication no. 05-10072, January 2021, at https://www.ssa.gov/
pubs/EN-05-10072.pdf.
73 Memorandum Opinion from Dawn E. Johnsen, Acting Assistant Attorney General, Office of Legal Counsel,
Department of Justice (DOJ), to the General Counsel, SSA, Qualification Requirem ent for Aliens Under the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 , March 27, 1997, at https://www.justice.gov/file/
19841/download.
74 8 U.S.C. §§1612(a)(2)(B)(ii)(I) and 1645. Qualifying quarters earned by a biological, adoptive, or stepparent may be
credited to an LPR of any age through the quarter the LPR attains age 18, regardless of whether the parent is currently
living. In addition, qualifying quarters earned by a current or deceased spouse during the marriage may be credited to
an LPR. Because an LPR may be credited with qualifying quarters based on his or her own work record as well as a
combination of work records attributable to one or more parents, a current spouse, and one or more deceased spouses,
the LPR may meet the 40-qualifying quarters requirement with little or no personal work history (i.e., fewer than 10
years of work on his or her own record). For more information, see SSA, POMS, “ SI 00502.135 LAPR with 40
Qualifying Quarters of Earnings,” June 21, 2017, at https://secure.ssa.gov/apps10/poms.nsf/lnx/0500502135.
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(i.e., the LPR, eligible spouse, or eligible parent) received an FMTPB75 during the calendar
quarter in which the qualifying quarter was earned.76
Time-Limited Eligibility for Certain Humanitarian Groups (Seven-Year Limit)
PRWORA al ows certain qualified aliens to be SSI eligible for up to seven years after their
entry/grant of status.77 This seven-year limit applies to refugees, asylees, aliens granted
withholding of removal, Cuban-Haitian Entrants, Amerasian immigrants, victims of trafficking,
and Iraqi and Afghan special immigrants. Seven years after their entry/grant of status, these
noncitizens are no longer eligible for SSI unless they become citizens (i.e., naturalize) or qualify
under an exception condition without a time limit (e.g., LPR status with 40 qualifying quarters or
a military connection). If one of these individuals adjusts to LPR status during the seven-year
period, then the individual remains eligible for the full seven-year period and is not subject to the
five-year bar (discussed below) during that period.78
History of the Time Limit on SSI Eligibility for Certain Humanitarian Groups
When PRWORA was enacted in 1996, lawmakers limited the eligibility of certain humanitarian categories for
selected federal means-tested public benefits (including SSI) to a maximum of five years. The five-year limit was
designed to al ow noncitizens in these categories (e.g., refugees, asylees, aliens granted withholding of removal) to
meet the necessary residency requirements before applying for citizenship. However, some observers noted that
delays in processing naturalization applications resulted in some noncitizens exhausting their program eligibility
before becoming citizens.79
To address this situation, the Clinton Administration offered a proposal in its FY1998 budget to increase the time
limit for selected federal means-tested public benefits (including SSI) from five to seven years.80 Lawmakers
incorporated this proposal into the BBA 97 (P.L. 105-33). The House report accompanying the BBA 97 noted, “by
extending the exception to al ow these groups 7 instead of 5 years of eligibility, these noncitizens would be given
more time to naturalize while continuing to receive welfare 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 the 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. Congress, House Committee on Ways
and Means, Subcommittee on Social Security, President’s Fiscal Year 1998 Budget, 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/
pst.000031687706.
81 U.S. Congress, House Committee on the Budget, Balanced Budget Act of 1997, report to accompany H.R. 2015,
105th Cong., 1st sess., June 24, 1997, H.Rept. 105-149, p. 1183, at https://www.congress.gov/105/crpt/hrpt149/CRPT -
105hrpt149.pdf.
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In 2004, the Bush Administration offered a proposal in its FY2005 budget to temporarily increase the time limit on
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 temporarily increased the
time limit on SSI eligibility from seven to nine years for FY2009 through FY2011.85 Although the Obama
Administration offered a proposal in its FY2012 budget to temporarily exten d the nine-year limit on SSI eligibility
for an additional two-year period, lawmakers elected not to adopt the proposal, and the time limit reverted to
seven years at the start of FY2012.86
In recent years, lawmakers have introduced proposals to either eliminate the time limit on SSI eligibility
permanently (e.g., H.R. 7401 from the 115th Congress) or increase it temporarily (e.g., S. 4307 from the 116th
Congress).
Five-Year Bar on Eligibility for Certain Qualified Aliens
PRWORA includes additional restrictions on eligibility for FMTPBs.87 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 issued a notice in the
Federal Register designating SSI as an FMTPB for purposes of PRWORA.88 Many qualified
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 certain abused spouses and
children.89 Categories of noncitizens who are not subject to the five-year bar include refugees,
asylees, aliens granted withholding of removal, Cuban/Haitian Entrants, Amerasian immigrants,
victims of trafficking, Iraqi and Afghan special immigrants, certain American Indians, qualified
aliens who entered the United States before August 22, 1996, and qualified aliens with a military
connection.90 Because most SSI-eligible groups are exempt from the requirement, for the

82 Letter from Jo Anne B. Barnhart, Commissioner of Social Security, to the Honorable J. Dennis Hastert, Speaker of
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 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-
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
https://www.ssa.gov/budget/hist/FY2013/2013FullJustification.pdf. A version of this proposal was offered again in the
President’s budgets for FY2013 through FY2017. For a cost estimate of the proposal, see Congressional Budget Office
(CBO), Proposals for Supplem ental Security Income - CBO’s Estim ate of the President’s Fiscal Year 2017 Budget,
March 29, 2016, at https://www.cbo.gov/system/files/2020-03/56250-2016-03-29-ssi.pdf.
87 8 U.S.C. §1613. For more information, see CRS Report RL33809, Noncitizen Eligibility for Federal Public
Assistance: Policy Overview.
88 SSA, “Personal Responsibility and Work Opportunity Reconciliation Act of 1996: Federal Means-T ested Public
Benefits Paid by the Social Security Administration,” 62 Federal Register 45284, August 26, 1997, at
https://www.govinfo.gov/content/pkg/FR-1997-08-26/pdf/97-22697.pdf. Other FMT PBs include T ANF, SNAP, non-
emergency Medicaid, and CHIP.
89 T he five-year bar applies to qualified aliens entering the United States on or after August 22, 1996 , who are not
exempted from the requirements of 8 U.S.C. §1613(a).
90 Refugees, asylees, aliens granted withholding of removal, Cuban/Haitian Entrants, Amerasian immigrants, victims of
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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
SSI Eligibility by Immigration Category
Table 1 provides information on which immigration categories are potential y eligible for SSI and
which categories are not (see “Noncitizens and Immigration Categories”). The table takes into
account the applicable noncitizen eligibility requirements discussed in this section (i.e., the
qualified-alien requirement, SSI exceptions conditions, and the five-year bar). Noncitizens who
are potential y eligible for SSI must also meet the program’s basic eligibility requirements as wel
as any applicable sponsor deeming requirements (see the “Sponsor Deeming and
Reimbursement” section) to ultimately qualify for and receive SSI payments.
Table 1. SSI Eligibility by Immigration Category
Potentially
Eligible for
Subject to the 7-
Additional Requirements or
Immigration Categories
SSI?
Year Limit?
Other Information
American Indian noncitizens
Yes
No
Must belong to a federal y
recognized tribe or be a Jay Treaty
Indian
Amerasian immigrants
Yes
Yes
—
Certain abused spouses and
Yes, in limited
No
Must have a military connectiona
children (e.g., VAWA Self-
circumstances
or be in a grandfathered groupb
Petitioners)
Cuban-Haitian Entrants
Yes
Yes
—
Deferred Action for Childhood
No
—
—
Arrivals (DACA)
Freely Associated States (FAS)
No
—
—
Migrants
Iraqi and Afghan special immigrants
Yes
Yes
—
Lawful permanent residents (LPRs)
Yes, with
No
(1) Subject to the five-year bar;
restrictions
and
(2) must have 40 qualifying
quarters of work
Nonimmigrants
No
—
—
(e.g., tourists, 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
No
(1) Eligible after one year; and
circumstances
(2) must have a military
connectiona or be in a
grandfathered groupb
Refugees and asylees
Yes
Yes
—
Temporary Protected Status (TPS)
No
—
—
Unauthorized immigrants
No
—
—
Victims of Trafficking
Yes
Yes
—
Withholding of Removal
Yes
Yes
—
Source: Congressional Research Service (CRS).
Notes: Not al immigration categories have a corresponding exception condition that permits them to be
potential y eligible for SSI. For instance, parolees who are qualified aliens must general y have a military
connection or be in a grandfathered group (see definitions below) to qualify for SSI because 8 U.S.C. §1612(a)
does not provide a specific exception condition for parolees.
a. The term military connection refers to a qualified alien who is lawful y residing in the United States and is (1)
an honorably discharged veteran, (2) an active-duty member of the U.S. Armed Forces, or (3) the spouse,
unmarried surviving spouse, or unmarried dependent child of such veteran or servicemember.
b. The term grandfathered group col ectively refers to (1) nonqualified aliens who were receiving SSI on August
22, 1996, (2) qualified aliens who are lawful y residing in the United States and were receiving SSI on August
22, 1996, (3) qualified aliens who were lawful y residing in the United States on August 22, 1996, and are
now blind or disabled, and (4) qualified aliens who are receiving SSI after July 1996 based on an application
filed before January 1, 1979, and who meet certain other requirements.
It is important to note that some noncitizens may qualify for SSI in more than one way. In such
cases, SSA wil general y determine the noncitizen’s eligibility for SSI under the pathway with
the least level of restriction. For example, if a noncitizen is eligible under both a time-limited
exception condition and a military-connection exception condition, then SSA wil typical y
determine the noncitizen’s eligibility for SSI under the military-connection exception condition
because it does not have a time limit.
Sponsor Deeming and Reimbursement
Sponsor deeming and reimbursement are immigration policies that can affect certain LPRs’
eligibility for FMTPBs or the level/type of assistance. They apply to LPRs who are subject to an
affidavit of support, as described below.
Affidavit of Support and Immigrant Sponsors
Most family-based and certain employment-based immigrants must have a relative or employer in
the United States petition for them to be eligible for LPR status.92 These prospective LPRs are
required to submit a legal y enforceable affidavit of support when applying for an immigrant visa

92 For more on obtaining LPR status, see CRS Report R42866, 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 adjusting93 to LPR status.94 An affidavit of support is a contract between the LPR applicant, the
applicant’s petitioner (in most cases),95 and the government.96 The person who signs the affidavit
of support becomes the sponsor 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

93 Applying for an adjustment of status refers to the process of applying for LPR status (i.e., a green card) from within
the United States (as opposed to applying for an immigrant visa from a U.S. embassy or consulate abroad).
94 8 U.S.C. §1182(a)(4)(C) and (D).
95 In certain circumstances, affidavits of support can be signed by a joint sponsor willing to accept legal responsibility
for the intending immigrant or by a substitute sponsor, if the petitioner has died. For more information, see DHS,
USCIS, “Affidavit of Support ,” at https://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-of-
support .
96 See 8 U.S.C. §1183a(a)(1) (describing affidavit of support as a “ contract ... that is legally enforceable against the
sponsor by the sponsored alien, the Federal Government, any State ... or by any other entity that provides any means-
tested public benefit”); Wenfang Liu v. Mund, 686 F.3d 418, 423 (7th Cir. 2012) (holding affidavit enforceable against
sponsor for support payment to sponsored alien); and USCIS Form I-864, Affidavit of Support Under Section 213A of
the INA, at https://www.uscis.gov/i-864. See also 8 C.F.R. §§213a.1-213a.5.
97 Sponsors must be at least 18 years old and reside in the United States. T hey must also submit evidence that they can
support both their own family and that of the sponsored alien at an annual income no less than 125% of the federal
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 for 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 region al 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.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 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),” 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 Income
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 more than 10 years have passed from the month that the
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.
Since 1999, agency guidance118 has defined public charge to mean a person who is or is likely to
become primarily dependent on public cash assistance or government-funded institutionalization
for long-term care. This guidance identified four types of assistance, including SSI, considered in
public charge determinations.119 On August 15, 2019, DHS published a final rule that expanded
the list of public benefits considered in public charge determinations to include nine programs,
keeping SSI on the list.120 The final rule also defined public charge as someone “more likely than
not at any time in the future to receive one or more public benefits ... for more than 12 months
within any 36-month period.”
During the comment period, some members of the public expressed their views on the rule’s
continued consideration of SSI for public charge purposes. According to DHS,
Multiple commenters opposed the inclusion of SSI and stated that SSI supports children
with disabilities, and that a child who begins receiving SSI is less likely to fall below the
poverty line. The commenters stated that the inclusion of SSI in the public charge rule
threatens the health, safety, and well-being of the children and families that receive it.121
DHS also noted, “other commenters asserted that only U.S. citizens should receive SSI.”122
In response to these comments, DHS stated that it would continue to include SSI as a public
benefit “because it provides monthly income payments for people with limited resources, is
financed through general revenues, and has high expenditures.”123 Furthermore, DHS stated that

116 SSA, POMS Recent Change, “ SI 02220 T N 60” Recovery Procedures for Supplemental Security Income
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://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 Federal Register 28689, March 26, 1999, at https://www.govinfo.gov/content/pkg/FR-1999-05-
26/pdf/99-13202.pdf. T he Department of Homeland Security, founded in 2002, is the agency currently responsible for
most federal immigration functions.
119 For more information, see CRS In Focus IF11467, Immigration: Public Charge.
120 DHS, USCIS, “Inadmissibility on Public Charge Grounds,” 84 Federal Register 41292, August 14, 2019, at
https://www.federalregister.gov/documents/2019/08/14/2019-17142/inadmissibility-on-public-charge-grounds.
121 Ibid., p. 41372.
122 Ibid., p. 41373.
123 Ibid.
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including SSI in the rule “is important in ensuring that aliens are self-sufficient and rely on their
own capabilities and the resources of their families, their sponsors, and private organizations.”124
Data
This section of the report describes the characteristics of noncitizens receiving SSI payments in
December 2019, the latest month for which data were available at the time of publication. It then
presents trends among noncitizens over time for SSI recipients, SSI applications, and SSI awards
by age group.
Characteristics of Current SSI Recipients
According to the most recent data publicly available from SSA, in December 2019, 430,352
noncitizens received an SSI payment, representing 5.3% of the nearly 8.1 mil ion SSI recipients
overal .125 The average SSI payment to noncitizens that month was $502.32, compared with an
average SSI payment to citizens of $569.26.126
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% reported earnings
from work.
The top five states of residence among noncitizens receiving SSI in December 2019 were
California (30.8%), Texas (14.3%), New York (12.6%), Florida (12.4%), and New Jersey (2.5%).
Al other states combined accounted for 27.4% of noncitizens receiving SSI.
The top five countries of origin among noncitizens receiving SSI in December 2019 were Mexico
(35.6%), Cuba (9.8%), Dominican Republic (7.1%), Vietnam (4.1%), and China (3.4%). Al other
countries of origin combined accounted for 40.0% of noncitizens receiving SSI.
Table 2. Characteristics of Noncitizens Receiving SSI Payments, December 2019
Characteristic
Number of Recipients
Percentage Distribution
Total
430,352
100.0
Age

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

Male
172,161
40.0
Female
258,191
60.0

124 Ibid.
125 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.
126 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.
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Characteristic
Number of Recipients
Percentage Distribution
Income Sources

Social Security

Yes
217,966
50.6
No
212,386
49.4
Earnings

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

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

Mexico
153,295
35.6
Cuba
42,150
9.8
Dominican Republic
30,564
7.1
Vietnam
17,505
4.1
China
14,830
3.4
Al Others
172,008
40.0
Source: CRS, based on data from Social Security Administration (SSA), SSI Annual Statistical Report, 2019, August
2020, Tables 30, 31, and 31, at https://www.ssa.gov/policy/docs/statcomps/ssi_asr/2019/sect05.html.
Trends
As noted earlier, PRWORA established restrictions on the eligibility of noncitizens for public
benefits. These policy changes were at least partial y in response to growth in noncitizens’ receipt
of means-tested public benefits in the 1980s and early 1990s.127 As described in detail in the
section on “Restrictions on Noncitizen Eligibility” and summarized in Table 1, currently, most
qualified aliens are deemed to be ineligible for SSI, with certain exceptions. PRWORA general y

127 In the early 1990s, reports and congressional testimony by GAO, as well as academic research, had focused
attention on the growth in welfare program participation by immigrants relative to native -born individuals. T he number
of legal immigrants receiving SSI had increased from 3% of all SSI recipients in 1982 to over 11% of all SSI recipients
in 1993, with the growth concentrated among SSI recipients aged 65 or older. See GAO, Supplem ental Security
Incom e: Recent Growth in the Rolls Raises Fundam ental Program Concerns, Statement of Jane L. Ross, Director,
Income Security Issues, Health, Education, and Human Services Division, GAO/T -HEHS-95-67, 1995, at
https://www.gao.gov/assets/110/105770.pdf. See also GAO, Welfare Reform : Im plications of Proposals on Legal
Immigrants’ Benefits, GAO/HEHS-95-58, 1995, at https://www.gao.gov/assets/230/220854.pdf; George J. Borjas, “The
Economics of Immigration,” Journal of Economic Literature, vol. 32, no. 4, 1994, at https://www.jstor.org/stable/pdf/
2728791.pdf; and George J. Borjas, “ Immigration and Welfare, 1970-1990,” National Bureau of Economic Research
Working Paper No. 4872, 1994, at https://www.nber.org/system/files/working_papers/w4872/w4872.pdf.
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requires LPRs to amass 40 qualifying quarters of work after entering the United States. It also
bars many qualified aliens from receiving federal means-tested public benefits for five years after
entry/grant of status. Certain humanitarian categories of noncitizens are permitted to receive SSI
on a time-limited basis for the first seven years after entry/grant of status.128
The figures and discussion below present data on SSI recipients, applications, and awards in
various years. Recipients refers to individuals who received an SSI payment in a given year,
applications refers to individuals who submitted an application for SSI payments in a given year,
and awards refers to individuals who were newly added to the SSI rolls upon being awarded SSI
payments in a given year (i.e., applicants who became recipients).
Figure 1 shows the trends in noncitizen SSI recipients, in terms of both the absolute number of
noncitizens receiving SSI and the number of noncitizens receiving SSI as a percentage of al SSI
recipients. Both measures increased substantial y between 1982 and their peaks in 1995, when
approximately 785,000 noncitizens received SSI payments, representing 12.1% of al SSI
recipients.129 Contributing to the growth in noncitizens receiving SSI payments, in 1995
noncitizens accounted for 31.8% of SSI recipients who first became eligible for SSI payments at
age 65 or older.130
The number of noncitizens receiving SSI declined markedly in 1996 and 1997 fol owing
PRWORA’s enactment. Some studies characterize PRWORA as having had a chilling effect that
“deterred many immigrants entitled to public benefits and services from using them due to
confusion about eligibility criteria and fears that users would be unable to sponsor family
members in the future.”131 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
1990s.132 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
status with SSA, which was not required at the time.133 They updated their status in the wake of
PRWORA to continue to receive SSI payments. The paper notes,
There are a number of reasons for this .... Another reason is that many recipients who had
not been citizens when they applied for SSI, had become citizens later but had never
changed their status with SSA. There was no requirement to do so, as it did not then affect
their eligibility for payments.

128 In December 2019, approximately 46,000 noncitizens in the humanitarian categories received SSI payments,
representing almost 11% of all noncitizens receiving SSI payments and about 0.6% of all SSI recipients. See SSA,
OCACT , Annual Report of the Supplem ental Security Income Program , May 2020, p. 8, footnote 2, at
https://www.ssa.gov/oact/ssir/SSI20/ssi2020.pdf.
129 Although the SSI program first paid benefits in 1974, data on noncitizens receiving SSI are publicly available
beginning with 1982.
130 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, T able 2, p. 18, at
https://www.ssa.gov/policy/docs/ssb/v61n4/v61n4p3.pdf (hereinafter, “ Parrott, Kennedy, and Scott (1998)”).
131 Jeanne Batalova, Michael Fix, and Mark Greenberg, “Chilling Effects: T he Expected Public Ch arge Rule and Its
Impact on Legal Immigrant Families’ Public Benefits Use,” Migration Policy Institute, June 2018, p. 14, at
https://www.migrationpolicy.org/sites/default/files/publications/ProposedPublicChargeRule-Final-Web.pdf.
132 Jennifer Van Hook, “Welfare Reform’s Chilling Effects on Noncitizens: Changes in Noncitizen Welfare Recipiency
or Shifts in Citizenship Status?” Social Science Quarterly, vol. 84, no. 3, September 2003, at
https://www.jstor.org/stable/42955891.
133 SSA now requires SSI recipients to report changes in citizenship or immigration status. See SSA, “Understanding
Supplemental Security Income Reporting Responsibilities, 2020 Edition,” at https://www.ssa.gov/ssi/text-report -
ussi.htm.
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The passage of P.L. 104-193 in August 1996, and other legislative changes in 1996 and
1997 [associated with PRWORA], modified the eligibility requirements for SSI payment
to people who were not citizens. In notifying the current recipients of these changes, SSA
urged them to make the agency aware of changes in their citizenship status. In addition,
SSA reviewed its various record systems to find information that would allow updating of
citizenship status for some recipients. Thus, while there has been a drop in the number of
noncitizens, many of these people continue to receive SSI payments. They just are no
longer counted as noncitizens.134
The number of noncitizens receiving SSI rebounded slightly from 1998 through 2002, and then
began a period of decline through 2019.135 Individuals aged 65 or older remained the largest
group of noncitizens receiving SSI throughout this period. In 2019, noncitizens accounted for
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
reflect PRWORA’s eligibility limitations, such as the requirement for LPRs to have 40 qualifying
quarters of work (or be credited with such qualifying quarters from an eligible spouse or parent).
Historical y, the number of noncitizens under age 18 receiving SSI has been smal .136
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.
Underlying the trends in the number of noncitizens receiving SSI are the trends in SSI
applications from, and awards to, noncitizens. Figure 2 displays the number of SSI applications
from noncitizens, as wel as noncitizen SSI applications as a percentage of al SSI applications
(by age group when available) for 1982 through 2019. Figure 3 presents the number of SSI

134 Parrott, Kennedy, and Scott (1998), p. 17.
135 In recent years, some of the decline may have been due to chilling effects in anticipation of the new public charge
final rule, published by DHS on August 15, 2019. See, for example, the analysis by Jeanne Batalova, Michael Fix, and
Mark Greenberg, “Chilling Effects: T he Expected Public Charge Rule and Its Impact on Legal Immigrant Families’
Public Benefits Use,” Migration Policy Institute, June 2018, at
https://www.migrationpolicy.org/sites/default/files/publications/ProposedPublicChargeRule-Final-Web.pdf. For more
information, see the “ Public Charge” section above.
136 For estimates for 1990-1995, see Clark D. Pickett and Charles G. Scott, “Reinventing SSI Statistics: SSA’s New
Longitudinal File,” Social Security Bulletin, vol. 59, no. 2, April 1996, Appendix T able C, at
https://www.ssa.gov/policy/docs/ssb/v59n2/v59n2p31.pdf.
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awards to noncitizens, along with noncitizen SSI awards as a percentage of al SSI awards, by age
group, for 1994 through 2019.137
The applications data in Figure 2 show sharp decreases from 1994 through 1997, most
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
they have steadily declined among noncitizens aged 18 to 64 and 65 or older. Applications from
noncitizens aged 65 or older previously had accounted for as much as one-third of al SSI
applications from individuals aged 65 or older. They accounted for 26.0% in 2019. SSI
applications from noncitizens aged 18 to 64 have general y ranged from about 3% to about 6% of
al SSI applications from individuals aged 18 to 64, and remained relatively stable from 2006
through 2018 before declining slightly in 2019. SSI applications from noncitizens under age 18
have been less than 1% of al SSI applications from individuals under age 18 for the entire 1994
to 2019 period.
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 SSI awards to individuals
aged 65 or older have historical y been larger than analogous measures for the 18 to 64 and under
18 age groups. SSI awards to noncitizens aged 65 or older as a percentage of al SSI awards to
individuals aged 65 or older decreased from 32.1% in 1999 to 13.9% in 2019. SSI awards to
noncitizens aged 18 to 64 as a percentage of al SSI awards to individuals aged 18 to 64 have also
been gradual y declining, from as high as 8.0% in 1998 to 2.7% in 2019. Historical y, few SSI
awards have been made to noncitizens under age 18.138

137 Data on SSI applications from and awards to noncitizens by age group are not publicly available for years prior to
1994. Parrot t, Kennedy, and Scott (1998) included data on all SSI applications from noncitizens going back to 1982,
but did not include data on SSI applications from noncitizens by age group until 1994. T hey did not include data on SSI
awards to noncitizens until 1994. T his is why the time frame and age group details differ between Figure 2 and Figure
3.
138 For estimates for 1990-1995, see Clark D. Pickett and Charles G. Scott, “Reinventing SSI Statistics: SSA’s New
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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
https://www.ssa.gov/policy/docs/statcomps/ssi_asr/index.html.

Longitudinal File,” Social Security Bulletin, vol. 59, no. 2, April 1996, Appendix T able I, at
https://www.ssa.gov/policy/docs/ssb/v59n2/v59n2p31.pdf. See also Lenna Kennedy and Jack Schmulowitz, “ SSI
Payments to Lawfully Resident Aliens, 1978 -79,” Social Security Bulletin, vol. 43, no. 3, March 1980, T able 1, at
https://www.ssa.gov/policy/docs/ssb/v43n3/v43n3p3.pdf.
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Appendix. Selected Resources on Noncitizen
Eligibility for SSI
General Information
 Social Security Administration (SSA), “Spotlight on SSI Benefits for Aliens—
2020 Edition,” at https://www.ssa.gov/ssi/spotlights/spot-non-citizens.htm.
 SSA, Supplemental Security Income (SSI) for Non-Citizens, Publication No. 05-
11051, September 2019, at https://www.ssa.gov/pubs/EN-05-11051.pdf.
 SSA, “Understanding Supplemental Security Income SSI Eligibility
Requirements—2020 Edition,” at https://ssa.gov/ssi/text-eligibility-ussi.htm.
 SSA, Office the Chief Actuary, Annual Report of the Supplemental Security
Income Program, 2020, May 29, 2020, pp. 7-9 and 13-14, at
https://www.ssa.gov/oact/ssir/SSI20/index.html.
Policy Manual
 SSA, Program Operations Manual System (POMS), “SI 00502.000 SSI Alien
Eligibility,” April 20, 2020, at
https://secure.ssa.gov/apps10/poms.nsf/lnx/0500502000.
 U.S. Department of Homeland Security, U. S. Citizenship and Immigration
Services, Appendix: Eligibility for Public Benefits, at
https://www.uscis.gov/sites/default/files/document/policy-manual-
resources/Appendix-EligibilityforPublicBenefits.pdf.
Historical Background
 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.
 SSA, Annual Statistical Supplement, 2020, “Supplemental Security Income
Program Description and Legislative History,” pp. 19-20 and 23-24, at
https://www.ssa.gov/policy/docs/statcomps/supplement/2020/ssi.html.
 SSA, Office of the Chief Actuary, Annual Report of the Supplemental Security
Income Program, 2020, May 29, 2020, pp. 7-9 and 67-68, at
https://www.ssa.gov/oact/ssir/SSI20/index.html.
Data
 SSA, SSI Annual Statistical Report, 2019, August 2020, Tables 6, 19, 29-33, 58-
60, and 64-66, at https://www.ssa.gov/policy/docs/statcomps/ssi_asr/2019/
index.html.

Congressional Research Service

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Noncitizen Eligibility for Supplemental Security Income (SSI)

Author Information

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

William R. Morton

Analyst in Income Security

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Congressional Research Service
R46697 · VERSION 1 · NEW
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