Unauthorized Immigrants’ Eligibility for Federal and State Benefits: Overview and Resources

November 29, 2022 R47318

Unauthorized Immigrants’ Eligibility for
Federal and State Benefits: Overview and
Resources
November 29, 2022
Congressional Research Service
https://crsreports.congress.gov
R47318

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Unauthorized Immigrants’ Eligibility for Federal and State Benefits: Overview and
Resources

f the approximately 45.3 million foreign-born people residing in the United States,1 about
one-quarter (approximately 11 million individuals2) are estimated to be unauthorized
O noncitizens, sometimes referred to as illegal aliens or undocumented immigrants.
Some estimates suggest that a relatively large proportion of unauthorized immigrants living in the
United States—estimates range from 58% to 62%—had lived in the country for at least a decade,
as of 2019. Approximately 22%-23% are estimated to have lived in the United States for 20 years
or more, 16%-17% for 5 to 9 years, and 21%-25% for fewer than 5 years.3 Given the duration
with which they are estimated to have resided in the country and the circumstances that led them
to migrate to the United States, the degree to which unauthorized noncitizens should be accorded
certain rights and privileges because of their residence in the United States has long been the
subject of congressional interest.
Prior to 1996, there was no uniform rule governing which categories of noncitizens were eligible
for which government-provided benefits and services, and no single statute governed related
requirements. Noncitizen eligibility requirements, if any, were set forth in the laws and
regulations governing the individual federal assistance programs.
Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996
(PRWORA, P.L. 104-193) established comprehensive restrictions on the eligibility of noncitizens
for federal public benefits (described below).4 These restrictions apply to the majority of non-
naturalized (i.e., non-U.S. citizen) foreign-born persons,5 including lawful permanent residents

1 U.S. Census Bureau, American Community Survey, S0501 Selected Characteristics of Native and Foreign-Born
Populations, 2021, at https://data.census.gov/cedsci/table?q=S0501.
2 There are no direct measures of the unauthorized population residing in the United States. Nevertheless, researchers in
academic settings, nongovernmental research organizations, and federal agencies have developed estimates of the
unauthorized population using available survey data. Recent estimates from authoritative sources within the last five
years vary, but they generally place the unauthorized population between approximately 10 million and 11 million
individuals. Steven A. Camarota and Karen Zeigler, “Estimating the Illegal Immigrant Population Using the Current
Population Survey,” Center for Immigration Studies, March 29, 2022; Center for Migration Studies New York,
“Estimates of Undocumented and Eligible-to-Naturalize Populations by State,” 2021; Julia Heinzel, Rebecca Heller,
and Natalie Tawil, “Estimating the Legal Status of Foreign-Born People,” Congressional Budget Office, Working
Paper 2021-02, March 2021; Migration Policy Institute, “Profile of the Unauthorized Population: United States,”
accessed May 16, 2022; Mark Hugo Lopez, Jeffrey S. Passel, and D'Vera Cohn, “Key Facts about the Changing U.S.
Unauthorized Immigrant Population,” Pew Research Center, April 13, 2021; and Bryan Baker, “Estimates of the
Unauthorized Immigrant Population Residing in the United States: January 2015-January 2018,” U.S. Department of
Homeland Security, January 2021 For more information, see the “How many unauthorized immigrants live in the
United States?” section of CRS Report R47218, Unauthorized Immigrants: Frequently Asked Questions.
3 Center for Migration Studies New York, “Estimates of Undocumented and Eligible-to-Naturalize Populations by
State,” 2021; and Migration Policy Institute, “Profile of the Unauthorized Population: United States,” accessed May 16,
2022.
4 For more information, see CRS Report R46510, PRWORA’s Restrictions on Noncitizen Eligibility for Federal Public
Benefits: Legal Issues; and CRS Legal Sidebar LSB10526, PRWORA and the CARES Act: What’s the Prospective
Power of a “Notwithstanding” Clause?.
5 For more information, see CRS In Focus IF11806, Citizenship and Immigration Statuses of the U.S. Foreign-Born
Population.
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(also known as green card holders),6 asylees and refugees,7 nonimmigrants,8 and unauthorized
immigrants.9 However, the restrictions vary based on immigration status. This report provides an
overview of unauthorized immigrants’ eligibility for federal and state public benefits, as outlined
by PRWORA. It concludes with issues for congressional consideration as well as a selection of
CRS reports and resources related to this topic.
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.”10 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 general
framework that applies today.11 While PRWORA created blanket noncitizen eligibility
requirements (see the Appendix), noncitizen eligibility is not uniform across federal public
benefit programs because PRWORA interacts with other laws, regulations, and guidance that
govern each individual program.
Federal Public Benefits
Under PRWORA, unauthorized noncitizens are not qualified aliens (see the Appendix) and thus
are not eligible for most federal benefits. PRWORA defines federal public benefits as:
(A) any grant, contract, loan, professional license, or commercial license provided by an
agency of the United States or by appropriated funds of the United States; and
(B) any retirement, welfare, health, disability, public or assisted housing, postsecondary
education, food assistance, unemployment benefit, or any other similar benefit for which
payments or assistance are provided to an individual, household, or family eligibility unit
by an agency of the United States or by appropriated funds of the United States.12

6 Lawful permanent residents are foreign nationals permitted to live in the United States permanently. For more
information, see CRS Report R42866, Permanent Legal Immigration to the United States: Policy Overview.
7 Asylees and refugees are foreign nationals fleeing their 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. For
more information, see CRS Report R45539, Immigration: U.S. Asylum Policy and CRS Report RL31269, Refugee
Admissions and Resettlement Policy.
8 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). For more information, see CRS Report R45040,
Immigration: Nonimmigrant (Temporary) Admissions to the United States.
9 Unauthorized immigrants are foreign nationals who enter without inspection, enter with fraudulent documents, or
enter legally but overstay the terms of their temporary stay. For more information, see CRS Report R47218,
Unauthorized Immigrants: Frequently Asked Questions.
10 8 U.S.C. §1601.
11 These include Title V of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA; P.L.
104-208, Division C), Title V of the Balanced Budget Act of 1997 (BBA 97; P.L. 105-33), and the Noncitizen Benefit
Clarification and Other Technical Amendments Act of 1998 (P.L. 105-306). For more information, see CRS Legal
Sidebar LSB10526, PRWORA and the CARES Act: What’s the Prospective Power of a “Notwithstanding” Clause?.
12 8 U.S.C. §1611(c).
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The federal public benefits that meet this definition includes programs such as non-emergency
Medicaid, the Supplemental Nutrition Assistance Program (SNAP),13 Supplemental Security
Income (SSI),14 Temporary Assistance for Needy Families (TANF),15 and most housing assistance
programs,16 among many others. Unauthorized noncitizens are also ineligible for Federal Pell
Grants for student financial aid as well as Affordable Care Act (ACA) healthcare subsidies, and
they may not purchase unsubsidized healthcare on ACA exchanges. Additionally, PRWORA
prevents unauthorized noncitizens from receiving the Earned Income Tax Credit (EITC) by
requiring that the Social Security numbers of recipients (and spouses) be valid for employment in
the United States.17
PRWORA Exceptions
PRWORA includes specified exceptions to its general ineligibility rule, which allow unauthorized
noncitizens to receive some specific types of federal benefits, including the following:
 treatment under Medicaid for emergency medical conditions (other than those
related to an organ transplant);
 short-term, in-kind emergency disaster relief;
 immunizations against immunizable diseases and testing for and treatment of
symptoms of communicable diseases;
 services or assistance (such as soup kitchens, crisis counseling and intervention,
and short-term shelters) designated by the Attorney General as (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;18 and
 programs for housing or community development assistance or financial
assistance administered by the Secretary of Housing and Urban Development,
programs under Title V of the Housing Act of 1949, and assistance under Section

13 SNAP provides benefits to eligible low-income households on an electronic benefit transfer card; benefits can then
be exchanged for foods at authorized retailers. For more information on the program, see CRS Report R42505,
Supplemental Nutrition Assistance Program (SNAP): A Primer on Eligibility and Benefits. For more information on
noncitizen eligibility for SNAP, see U.S. Department of Agriculture, Supplemental Nutrition Assistance Program
Guidance on Non-Citizen Eligibility, June 2011, at https://fns-prod.azureedge.us/sites/default/files/resource-files/Non-
Citizen%20Guidance_6-30-2011.pdf.
14 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). For more information on the program, see CRS In Focus IF10482,
Supplemental Security Income (SSI). For more information on noncitizen eligibility for SSI, see CRS Report R46697,
Noncitizen Eligibility for Supplemental Security Income (SSI).
15 TANF block grants to states fund a wide range of benefits and services for low-income families with children (e.g.,
work and training programs, child care, pre-kindergarten programs). For more information on the program, see CRS In
Focus IF10036, The Temporary Assistance for Needy Families (TANF) Block Grant. For more information on
noncitizen eligibility for TANF, see CRS Report RL33809, Noncitizen Eligibility for Federal Public Assistance: Policy
Overview.
16 For more information on federal housing programs, see CRS Report RL34591, Overview of Federal Housing
Assistance Programs and Policy. For more information on noncitizen eligibility for federal housing programs, see CRS
Report R46462, Noncitizen Eligibility for Federal Housing Programs.
17 For more information, see CRS Report R43840, Federal Income Taxes and Noncitizens: Frequently Asked
Questions.
18 For more information, see Department of Justice, “Final Specification of Community Programs Necessary for
Protection of Life or Safety Under Welfare Reform Legislation,” 66 Federal Register 3613, January 16, 2001.
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306C of the Consolidated Farm and Rural Development Act, to the extent that the
noncitizen was receiving this assistance on PRWORA’s date of enactment.19
Additionally, PRWORA states that individuals who are eligible for public education benefits
under state and local law shall remain eligible to receive benefits under the National School
Lunch Program and School Breakfast Program.20 Beyond these nutrition programs, Section 742
of the act neither prohibits a state from providing nor requires a state to provide food assistance to
unauthorized immigrants through certain laws. This applies to programs such as the Child and
Adult Care Food Program; the Summer Food Service Program; the Special Supplemental
Nutrition Program for Women, Infants, and Children (WIC); the Emergency Food Assistance
Program; the Commodity Supplemental Food Program; and the Food Distribution Program on
Indian Reservations.
State Public Benefits
PRWORA bars unauthorized noncitizens from receiving most state and locally funded benefits.21
These restrictions apply to state and local benefits that are partially funded by the federal
government, such as SNAP and Medicaid. Just as PRWORA’s restrictions on state benefits
parallel the restrictions on federal benefits, the exceptions to the restrictions are also similar,
including the following:
 treatment for emergency conditions (other than those related to an organ
transplant);
 short-term, in-kind emergency disaster relief;
 immunization against immunizable diseases and testing for and treatment of
symptoms of communicable diseases; and
 services or assistance (such as soup kitchens, crisis counseling and intervention,
and short-term shelters) designated by the Attorney General as (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.22
However, PRWORA provides each state the authority to affirmatively make unauthorized
noncitizens eligible for any benefits paid with state or local funds.23 A number of states have
enacted such measures. For example, California expanded full-scope Medi-Cal coverage (the
state’s Medicaid program) to unauthorized immigrants aged 19-25 and over 50,24 and the
California Student Aid Commission offers financial aid opportunities to unauthorized

19 8 U.S.C. §1611(b).
20 PRWORA does not address a state’s obligation to grant free public education to children who are unauthorized
immigrants under the Supreme Court’s decision in Plyler v. Doe, which determined that states may not deny children a
free public education because of their immigration status.
21 8 U.S.C. §1621.
22 For more information, see Department of Justice, “Final Specification of Community Programs Necessary for
Protection of Life or Safety Under Welfare Reform Legislation,” 66 Federal Register 3613, January 16, 2001.
23 8 U.S.C. §1621(d).
24 California Department of Healthcare Services, “Older Adult Expansion,” at https://www.dhcs.ca.gov/services/medi-
cal/eligibility/Pages/OlderAdultExpansion.aspx#:~:text=
Basic%20Information%E2%80%8B%E2%80%8B,income%20limits%2C%20will%20still%20apply.
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immigrants.25 In New York, unauthorized individuals who are working are eligible for Healthy
NY, a low-cost health insurance.26 Illinois provides comprehensive health insurance to children
under 18 regardless of immigration status if their family meets the income requirements.27
According to the National Conference of State Legislators, 19 states allow in-state tuition rates
for unauthorized students.28
Congressional Considerations
If policymakers are interested in amending (expanding or restricting) the extent to which
unauthorized noncitizens may be eligible for certain public benefits, they may look to changes in
PRWORA’s explicit prohibitions or exceptions. For example, they could alter the list of qualified
aliens (see the Appendix) or the exceptions outlined above (see “PRWORA Exceptions”).
As previously mentioned, PRWORA interacts with other laws. Agencies often must interpret how
PRWORA applies to specific programs.29 Sometimes agencies issue guidance, but sometimes
they are silent.30 Occasionally there are lawsuits and the applicability of PRWORA is determined
by the courts.31 Congress could perform oversight to see how executive branch agencies are
interpreting PRWORA and applying it to their programs.
CRS Resources
CRS has a number of reports on noncitizens’, including unauthorized immigrants’, eligibility for
federal public benefits (and related topics).

25 California Student Aid Commission, “Undocumented/Dreamer Students,” at https://www.csac.ca.gov/
undocumented-dreamer-students.
26 Public Advocate Betsy Gotbaum and the New York Immigration Coalition, “Guide to Public Benefits for
Immigrants,” November 2008, at https://www.nyc.gov/html/records/pdf/govpub/moved/pubadvocate/
PA002ImmigrantGuidewebv6.pdf.
27 Illinois Department of Healthcare and Family Services, “About All Kids,” at https://www2.illinois.gov/hfs/
MedicalPrograms/AllKids/Pages/about.aspx.
28 These states are Arkansas, California, Colorado, Connecticut, Florida, Illinois, Kansas, Maryland, Minnesota,
Nebraska, New Jersey, New Mexico, New York, Oklahoma, Oregon, Rhode Island, Texas, Utah, and Washington.
National Conference of State Legislators, “Undocumented Student Tuition: Overview,” at https://www.ncsl.org/
research/education/undocumented-student-tuition-overview.aspx.
29 Where these pre-existing eligibility rules differ from PRWORA, uncertainty may result about which rules govern.
Similarly, when Congress creates new benefit programs without mentioning PRWORA or establishing clear rules for
noncitizen eligibility, confusion can arise as to whether the PRWORA restrictions apply. For more information, see
CRS Report R46510, PRWORA’s Restrictions on Noncitizen Eligibility for Federal Public Benefits: Legal Issues.
30 See, for example, the Department of Housing and Urban Development and the Department of Agriculture addressing
regulation of noncitizen eligibility for certain federal housing programs. The statutory restrictions on noncitizen
eligibility for federal housing programs included in PRWORA, Section 214 of the Housing and Community
Development Act of 1980 (P.L. 96-399, §214, 94 Stat. 1637, codified at 42 U.S.C. §1436a.), and other laws, require
federal agencies to issue regulations and guidance to interpret and apply the provisions to specific programs. That
implementation process has taken many years in some cases, and never begun in others. For more information, see
CRS Report R46462, Noncitizen Eligibility for Federal Housing Programs.
31 See, for example, the lawsuits surrounding the Department of Education’s interpretation of how PRWORA applied to
the emergency financial aid for higher education students through the Higher Education Emergency Relief Fund. For
more information, see CRS Legal Sidebar LSB10526, PRWORA and the CARES Act: What’s the Prospective Power of
a “Notwithstanding” Clause?
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Noncitizen Eligibility for Federal Public Benefits and Services
 CRS Report RL33809, Noncitizen Eligibility for Federal Public Assistance:
Policy Overview;
 CRS Report R46697, Noncitizen Eligibility for Supplemental Security Income
(SSI);
 CRS Report R46462, Noncitizen Eligibility for Federal Housing Programs;
 CRS In Focus IF11912, Noncitizen Eligibility for Medicaid and CHIP; and
 CRS Report R46785, Federal Support for Reproductive Health Services:
Frequently Asked Questions.
Noncitizen Eligibility for COVID-19-Related Benefits and Services
 CRS Report R46339, Unauthorized Immigrants’ Eligibility for COVID-19 Relief
Benefits: In Brief;
 CRS Report R46481, COVID-19 Testing: Frequently Asked Questions;
 CRS Insight IN11617, Unauthorized Immigrants’ Access to COVID-19 Vaccines;
 CRS Insight IN11376, Noncitizens and Eligibility for the 2020 Recovery Rebates;
and
 CRS Insight IN11579, Noncitizen Eligibility for the Second Round of Direct
Payments to Individuals.
Legal Analysis of PRWORA
 CRS Report R46510, PRWORA’s Restrictions on Noncitizen Eligibility for
Federal Public Benefits: Legal Issues; and
 CRS Legal Sidebar LSB10526, PRWORA and the CARES Act: What’s the
Prospective Power of a “Notwithstanding” Clause?.
Public Charge
 CRS Insight IN11217, Immigration: Public Charge 2022 Final Rule.

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Appendix. Qualified Aliens
PRWORA explicitly states that aliens, unless they are qualified aliens, are ineligible for federal
public benefits. Qualified aliens include the following:
 lawful permanent residents,
 refugees,
 noncitizens paroled into the United States for at least one year,32
 noncitizens granted asylum,
 noncitizens granted withholding of removal,33
 noncitizens granted conditional entry before 1980,34
 certain abused spouses and children,35 and
 Cuban-Haitian entrants.36
Another group is considered qualified aliens, but only with respect to Medicaid:
 Citizens of the Freely Associated States residing in the U.S. states and
territories.37

32 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. For more
information, see CRS Report R46570, Immigration Parole.
33 Certain foreign nationals present in the United States are granted withholding of removal 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. For more information, see CRS Report R45993, Legalization Framework
Under the Immigration and Nationality Act (INA).
34 Refugee-like noncitizens who arrived before 1980 were granted conditional entry pursuant to the Immigration and
Nationality Act (INA), Section 203(a)(7). The INA, as originally enacted in 1952, did not contain refugee or asylum
provisions. Language on the conditional entry of refugees was added by the INA Amendments of 1965. The
conforming definition of a refugee was added by the Refugee Act of 1980. For more information, see CRS Report
R45539, Immigration: U.S. Asylum Policy.
35 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 children of foreign nationals who have 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 for cancellation of removal (e.g., Violence Against Women Act [VAWA] Self-Petitioners).
36 Cuban-Haitian entrants are foreign nationals admitted into the United States for humanitarian reasons. The term
Cuban-Haitian entrant is not defined in immigration law, but its usage dates back to 1980. Many of the Cubans and the
vast majority of the Haitians who arrived in South Florida during the 1980 Mariel Boatlift did not qualify for asylum
according to the individualized definition of persecution in 8 U.S.C. §§1157-1158. The Carter Administration labeled
Cubans and Haitians as “Cuban-Haitian Entrants” and used the discretionary parole authority of the Attorney General
to admit them to the United States. Subsequently, an adjustment of status provision was included in the Immigration
Reform and Control Act of 1986 (IRCA; P.L. 99-603, §202) that enabled the Cuban-Haitian entrants who had arrived
during the Mariel Boatlift to become LPRs. While the term is not found in immigration law, Congress did define
Cuban-Haitian entrant in the context of eligibility for federal assistance in Title V of the Refugee Education Assistance
Act of 1980 (P.L. 96-422, as amended; 8 U.S.C. §1522 note). For more information, see U.S. Citizenship and
Immigration Services (USCIS), Cuban Haitian Entrant Program, at https://www.uscis.gov/archive/archive-news/cuban-
haitian-entrant-program-chep.
37 Freely Associated States (FAS) migrants are citizens of the Marshall 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. For more information, see CRS Report RL31737, The Marshall Islands and Micronesia:
Amendments to the Compact of Free Association with the United States.
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There are other groups of noncitizens that are not qualified aliens but are nevertheless eligible for
federal public benefits (based on different laws):
 certain victims of human trafficking,38
 Iraqi and Afghan special immigrants,39 and
 certain Afghan40 and Ukrainian41 parolees.
Generally, unauthorized immigrants are not qualified aliens, as is also the case for
nonimmigrants, individuals with Temporary Protected Status (TPS),42 recipients of Deferred
Enforced Departure (DED),43 short-term (less than one year) parolees, asylum applicants,
individuals granted Deferred Action for Childhood Arrivals (DACA),44 and various other classes
of noncitizens granted temporary permission to remain in the United States.
Additional Restrictions for Certain Qualified Aliens
Although qualified aliens are eligible for federal public benefits under PRWORA, the law also
places a number of additional restrictions on qualified aliens’ eligibility for certain federal means-
tested public benefits programs (FMTPBs).45 Many qualified aliens are barred from FMTPBs for
five years. In addition, many qualified aliens are subject to sponsor deeming, meaning that a
portion of the income and resources of the immigrant’s sponsor are used for the purpose of
determining whether the alien meets the financial eligibility requirement of the FMTPBs.

38 As designated in the Victims of Trafficking and Violence Protection Act of 2000 (P.L. 106-386). Although this law
did not amend PRWORA, it made certified victims of trafficking eligible for benefits and services “under any Federal
or State program” to the same extent as refugees.
39 Iraqi and Afghan special immigrants are treated like refugees for purposes of federal public benefits. The Refugee
Crisis in Iraq Act of 2007 (P.L. 110-181, as amended), and the Afghan Allies Protection Act of 2009 (P.L. 111-8,
Division F, Title IV, as amended) enabled certain Iraqi and Afghan nationals to become eligible for a special immigrant
visa (SIV) and qualify for the same federal assistance available to refugees.
40 After the elected Afghan government’s collapse and Taliban takeover in August 2021, Congress passed the
Extending Government Funding and Delivering Emergency Assistance Act (P.L. 117-43, Division C, §2502), which
provided certain Afghan parolees with benefits to the same extent as refugees until March 31, 2023, or the end of their
parole term, whichever is later. For more information, see CRS Report R46950, Afghan Eligibility for Selected Benefits
Based on Immigration Status: In Brief.
41 In response to Russia’s renewed invasion of Ukraine in February 2022, Congress passed the Additional Ukraine
Supplemental Appropriations Act, 2022 (P.L. 117-128, Title IV, §401), which provided certain Ukrainian parolees with
benefits to the same extent as refugees (with the exception of the initial resettlement program [i.e., the State
Department’s Reception and Placement Program]) until the end of their parole term. For more information, see CRS
Report R47290, Ukrainian Eligibility for Selected Benefits Based on Immigration Status: In Brief.
42 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. For more
information, see CRS Report RS20844, Temporary Protected Status and Deferred Enforced Departure.
43 DED recipients are foreign nationals from designated countries who have been granted a temporary, discretionary,
administrative stay of removal at the President’s discretion, usually in response to war, civil unrest, or natural disasters.
For more information, see CRS Report RS20844, Temporary Protected Status and Deferred Enforced Departure.
44 DACA recipients are unauthorized childhood arrivals who have been granted renewable two-year protection from
removal. For more information, see CRS Report R45995, Unauthorized Childhood Arrivals, DACA, and Related
Legislation.
45 FMTPBs are programs where eligibility is partially based on one’s household income. These include SSI, TANF,
SNAP, non-emergency Medicaid, and the State Child Health Insurance Program (CHIP). For more information, see
CRS Report RL33809, Noncitizen Eligibility for Federal Public Assistance: Policy Overview.
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Moreover, if the alien does receive FMTPBs, the granting agency can seek reimbursement from
the immigrant’s sponsor.46
Some categories of noncitizens are not subject to these stricter rules for FMTPBs, including
refugees, asylees, Cuban/Haitian entrants, Vietnamese-born Amerasians, and aliens granted
withholding of removal.

Author Information

Abigail F. Kolker

Analyst in Immigration Policy

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
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copy or otherwise use copyrighted material.

46 For more information, see CRS Report RL33809, Noncitizen Eligibility for Federal Public Assistance: Policy
Overview.
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