Afghan Eligibility for Selected Benefits Based on Immigration Status: In Brief

Afghan Eligibility for Selected Benefits Based on Immigration Status: In Brief

Afghan Eligibility for Selected Benefits Based
on Immigration Status: In Brief
Updated January 18, 2023
Congressional Research Service
https://crsreports.congress.gov
R46950

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Contents
Tables
Table 1. Eligibility for Selected Public Benefit Programs, Work Authorization, and Path
to LPR Status for Selected Immigration Statuses ........................................................................ 4

Contacts
Author Information .......................................................................................................................... 6

Congressional Research Service

Afghan Eligibility for Selected Benefits Based on Immigration Status: In Brief

n light of the elected Afghan government’s collapse and Taliban takeover in August 2021,1
there has been congressional interest in the types of U.S. immigration statuses that are, or
I could be, options for Afghan nationals and the benefits that those statuses provide. This In
Brief report outlines eligibility for select public benefits based on the following immigration
categories:
 Refugees2 are persons outside of their home countries who are unable or
unwilling to return because of persecution, or a well-founded fear of persecution,
on account of race, religion, nationality, membership in a particular social group,
or political opinion. One year after arriving in the United States as refugees, they
are required to apply to adjust their immigration status to become lawful
permanent residents (LPRs).3 Refugees are eligible for most federal public
benefits as well as refugee-specific benefits.
 Asylees4 are foreign nationals who fled their home countries because of
persecution, or a well-founded fear of persecution on account of race, religion,
nationality, membership in a particular social group, or political opinion. What
differentiates refugees from asylees is that refugee applicants are outside the
United States, while applicants for asylum are physically present in the United
States or at a land border or port of entry. After one year in this status, they may
apply to adjust their immigration status to become LPRs. Asylees are eligible for
benefits to the same extent as refugees.
 Afghan Special Immigrant5 status is granted to certain Afghan nationals who
worked as translators or interpreters, or who were employed by or on behalf of
the U.S. government in Afghanistan. Those granted Special Immigrant Visas
(SIVs) automatically become LPRs after being admitted to the United States.
Afghan SIV recipients are eligible for benefits to the same extent as refugees.
 Parolees6 are noncitizens 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. Parolees do not have a
prescribed path to permanent legal status, but they may apply for asylum or to
adjust to LPR status via other mechanisms (e.g., family-based or employment-
based categories), if otherwise eligible. Those granted parole for more than one
year are eligible for certain public benefits subject to restrictions. In the context
of Afghan evacuees, there are two categories of parole:
 Afghan Parolees are Afghans paroled into the United States between July
31, 2021, and September 30, 2023.7 Like general parolees, they do not have a
prescribed path to LPR status. The Extending Government Funding and
Delivering Emergency Assistance Act (P.L. 117-43, Division C, §2502)

1 For more information, see CRS Report R46879, U.S. Military Withdrawal and Taliban Takeover in Afghanistan:
Frequently Asked Questions.
2 For more information, see CRS Report RL31269, Refugee Admissions and Resettlement Policy.
3 LPRs are noncitizens permitted to live in the United States permanently (also referred to as green card holders).
4 For more information about asylum, see CRS Report R45539, Immigration: U.S. Asylum Policy.
5 For more information, see CRS Report R43725, Iraqi and Afghan Special Immigrant Visa Programs.
6 For more information, see CRS Report R46570, Immigration Parole.
7 Or those paroled after September 30, 2023, with a qualifying family connection (e.g., child, spouse, or parent of
specified individuals).
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Afghan Eligibility for Selected Benefits Based on Immigration Status: In Brief

provided this population with benefits to the same extent as refugees until
March 31, 2023, or the end of their parole term, whichever is later.8
 Afghan nationals who have a pending SIV application are being paroled into
the United States as SQ/SI Parolees.9 These individuals are able to pursue
their SIV applications from within the United States. SQ/SI parolees are
eligible for benefits to the same extent as refugees.10
 Temporary Protected Status (TPS)11 holders are noncitizens living in the
United States 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. A country can be designated for
TPS for periods of 6 to 18 months and this period can be extended if the country
continues to meet the conditions for designation. TPS recipients are ineligible for
most public benefits, except for some emergency services.12
 Deferred Enforced Departure (DED)13 is a temporary, discretionary,
administrative stay of removal granted to noncitizens from designated countries
in the United States. A DED designation emanates from the President’s
constitutional powers to conduct foreign relations. DED has been used on
country-specific bases to provide relief from removal, usually in response to war,
civil unrest, or natural disasters. DED recipients are ineligible for most public
benefits, except for some emergency services.14
As of the cover date of this report, individuals evacuated from Afghanistan have entered the
United States as Afghan parolees, SQ/SI parolees, and SIV holders. Afghan nationals outside of
the United States can apply for refugee status, and those within the United States or at U.S. ports
of entry can apply for asylum. Afghan nationals in the United States without permanent status
could be covered by TPS or DED in the future if Afghanistan is designated for one of those forms
of humanitarian relief.

8 According to the Department of Homeland Security, parolee status is being granted to Afghan nationals for a period
of two years. Department of Homeland Security, “Operation Allies Welcome,” at https://www.dhs.gov/allieswelcome.
9 SQ refers to the SIV program for Afghans who worked for or on behalf of the U.S. government in Afghanistan; SI
refers to the SIV program for Afghan translators and interpreters.
10 U.S. Department of Health and Human Services (HHS), Office of Refugee Resettlement (ORR), “Clarification
Related to Afghan SQ/SI Parolees Eligibility for RCA/RMA,” Dear Colleague Letter, August 5, 2021, at
https://www.acf.hhs.gov/sites/default/files/documents/orr/ORR-DCL-21-16-Clarification-Related-to-Afghan-SQSI-
Parolees-Eligibility-for-RCA-RMA-8.5.2021.pdf.
11 For more information, see CRS Report RS20844, Temporary Protected Status and Deferred Enforced Departure.
12 For example, treatment under Medicaid for emergency medical conditions (other than those related to an organ
transplant); short-term, in-kind emergency disaster relief; and services or assistance (such as soup kitchens, crisis
counseling and intervention, and short-term shelters) 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. For more information, see CRS Report R46339,
Unauthorized Immigrants’ Eligibility for COVID-19 Relief Benefits: In Brief.
13 For more information, see CRS Report RS20844, Temporary Protected Status and Deferred Enforced Departure.
14 For example, treatment under Medicaid for emergency medical conditions (other than those related to an organ
transplant); short-term, in-kind emergency disaster relief; and services or assistance (such as soup kitchens, crisis
counseling and intervention, and short-term shelters) 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. For more information, see CRS Report R46339,
Unauthorized Immigrants’ Eligibility for COVID-19 Relief Benefits: In Brief.
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Table 1 outlines the eligibility of those who have received these statuses for the benefits listed
below.15 This report does not discuss other eligibility criteria that a noncitizen must meet to be
eligible for these programs (e.g., income eligibility standards).16
The selected benefits include the four major means-tested public benefit programs as well as
refugee-specific benefits:
 Medicaid is a joint federal-state program that finances the delivery of primary
and acute medical services, as well as long-term services and supports, to low-
income populations, including children, pregnant women, adults, individuals with
disabilities, and people aged 65 and older.17
 The Supplemental Nutrition Assistance Program (SNAP) provides benefits to
low-income, eligible households on an electronic benefit transfer card; benefits
can then be exchanged for foods at authorized retailers.18
 The Temporary Assistance for Needy Families (TANF) block grants to states
fund a wide range of benefits and services for low-income families with
children.19
 Supplemental Security Income (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).20
 Office of Refugee Resettlement (ORR) Refugee Benefits include Refugee
Cash Assistance (RCA), Refugee Medical Assistance (RMA), and Refugee
Support Services.21

15 This In Brief does not cover eligibility for the statuses themselves.
16 For information about other eligibility criteria by program, see the reports linked in the footnotes for each of the
programs listed.
17 For more information, see CRS In Focus IF10322, Medicaid Primer; and CRS In Focus IF11912, Noncitizen
Eligibility for Medicaid and CHIP.
18 For more information, see CRS Report R42505, Supplemental Nutrition Assistance Program (SNAP): A Primer on
Eligibility and Benefits.
19 For more information, see CRS In Focus IF10036, The Temporary Assistance for Needy Families (TANF) Block
Grant.
20 For more information, see CRS In Focus IF10482, Supplemental Security Income (SSI); and CRS Report R46697,
Noncitizen Eligibility for Supplemental Security Income (SSI).
21 For more information, see HHS, ORR, “Refugee Services,” at https://www.acf.hhs.gov/orr/programs/refugees.
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Table 1. Eligibility for Selected Public Benefit Programs, Work Authorization, and Path to LPR Status for Selected
Immigration Statuses
ORR Refugee
Work
Prescribed Path to
Status
Medicaid
SNAP
TANF
SSI
Benefitsa
Authorization
LPR Statusb
Refugees
Eligible for seven Eligible after
Eligible for five
Eligible for
Yes
Yes
After one year in
years after
entry/grant of
years after
seven years
refugee status, refugees
entry/grant of
status
entry/grant of
after
are required to apply to
such status
such status
entry/grant
adjust to LPR status
Eligible at state
Eligible at state
of such status
option after
option after five
Ineligible
seven years
years
after seven
years unless
naturalized
Asylees
Same as
Same as refugees Same as
Same as
Yes
Yes
After one year in asylee
refugees
refugees
refugees
status, asylees may apply
to adjust to LPR status
Afghan Special
Same as
Same as refugees Same as
Same as
Yes
Yes
Granted LPR status
Immigrants
refugees
refugees
refugees
upon admission to the
United States
Paroleesc
Ineligible for five
Children under
Ineligible for five
Ineligiblef
No
Granted at the
Nog
years after
18 are eligible
years after entry
discretion of DHS
entryd
Adults ineligible
Otherwise
Otherwise
for five years
eligible at state
eligible at state
after entrye
option
option
Afghan Paroleesh Same as
Same as refugees Same as
Same as
Yes
Yesi
Nog
refugees
refugees
refugees
SI/SQ Parolees
Same as
Same as refugees Same as
Same as
Yes
Granted at the
Granted LPR status if
refugees
refugees
refugees
discretion of DHS
application is approved
Temporary
Eligible only for
Ineligible
Ineligible
Ineligible
No
Yesk
Nog
Protected Status
emergency
(TPS) Recipientsj
services
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ORR Refugee
Work
Prescribed Path to
Status
Medicaid
SNAP
TANF
SSI
Benefitsa
Authorization
LPR Statusb
Deferred
Eligible only for
Ineligible
Ineligible
Ineligible
No
Yesm
Nog
Enforced
emergency
Departure
services
(DED)
Recipientsl
Source: CRS analysis of the U.S. Code, regulations, and agency guidance.
Notes: This table assumes entry into the United States after August 22, 1996. Earlier arrivals may be eligible for some of these benefits depending on the programs’
eligibility rules. For more information, see CRS Report RL33809, Noncitizen Eligibility for Federal Public Assistance: Policy Overview.
a. ORR refugee benefits include Refugee Cash Assistance, Refugee Medical Assistance, and Refugee Support Services. For more information, see U.S. Department of
Health and Human Services, Office of Refugee Resettlement “Refugee Services,” at https://www.acf.hhs.gov/orr/programs/refugees.
b. Prescribed paths are particular statutory provisions for the adjustment of status for the specific immigration status (e.g., refugees). Categories of noncitizens with no
prescribed path may stil be eligible to adjust to LPR status via other mechanisms (e.g., family-based or employment-based categories).
c. If parole is granted for more than one year.
d. Some states exempt pregnant women and/or children from the five-year bar. For more information, see “Medicaid and CHIP Coverage of Lawful y Residing Children
& Pregnant Women,” at https://www.medicaid.gov/medicaid/enrol ment-strategies/medicaid-and-chip-coverage-lawful y-residing-children-pregnant-women.
e. Unless parolee is blind or disabled and is receiving benefits or assistance for their condition or if they have a military connection (i.e., active duty military personnel,
honorably discharged veterans, and their immediate families).
f.
Unless parolee has a military connection (i.e., active duty military personnel, honorably discharged veterans, and their immediate families).
g. While there is no prescribed path, parolees may be eligible to apply for asylum or to adjust to LPR status via other mechanisms (e.g., family-based or employment-
based categories). Note that parole satisfies the threshold requirement for adjustment of status under 8 U.S.C. §1255(a). For more information, see CRS Report
R46570, Immigration Parole.
h. This refers to Afghan nationals paroled into the United States between July 31, 2021, and September 30, 2023, as described above.
i.
As of November 21, 2022, Afghan parolees do not need to apply for employment authorization. They are considered employment-authorized incident to parole.
For more information, see U.S. Citizenship and Immigration Services, Certain Afghan and Ukrainian Parolees Are Employment Authorized Incident to Parole, at
https://www.uscis.gov/newsroom/alerts/certain-afghan-and-ukrainian-parolees-are-employment-authorized-incident-to-parole.
j.
For nationals of a foreign country to be eligible for TPS, that country must be designated for TPS by the Secretary of Homeland Security. As of the date of this
report, Afghanistan has not been designated for TPS.
k. A separate application for work authorization is required.
l.
The President has the authority to grant DED to certain non-U.S. nationals in the United States. As of the date of this report, the President has not granted DED to
Afghan nationals.
m. In general, the President directs executive agencies to implement procedures to provide DED and related benefits, such as employment authorization. DED
recipients must apply to DHS for work authorization.
CRS-5

Afghan Eligibility for Selected Benefits Based on Immigration Status: In Brief

Author Information

Abigail F. Kolker

Analyst in Immigration Policy

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
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under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
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Congressional Research Service
R46950 · VERSION 4 · UPDATED
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