{ "id": "RL32363", "type": "CRS Report", "typeId": "REPORTS", "number": "RL32363", "active": false, "source": "EveryCRSReport.com", "versions": [ { "source": "EveryCRSReport.com", "id": 100578, "date": "2004-04-23", "retrieved": "2016-04-07T20:16:48.576840", "title": "State Policies on Immigrant Eligibility for Temporary Assistance for Needy Families (TANF)", "summary": "The eligibility of immigrants for major public assistance programs is an ongoing issue in\nCongress. \nPrior to 1996, immigrants, i.e., legal permanent residents (LPRs), were eligible for federal public\nassistance under terms comparable to citizens, and states were not permitted to restrict access to\nfederal programs on the basis of immigration status. The Personal Responsibility and Work\nOpportunity Reconciliation Act of 1996 ( P.L. 104-193 ) -- the original law authorizing the\nTemporary Assistance for Needy Families (TANF) program -- dramatically changed noncitizen\neligibility for public assistance. It restricted the eligibility of LPRs, refugees, asylees, and other\nnoncitizens for all means-tested public aid. Aliens in the United States without authorization,\ncommonly referred to as \"illegal aliens,\" remained ineligible for federal public assistance. As\nCongress considers the reauthorization of the welfare reform law, the issue of state options to restrict\nor expand assistance to immigrants arises.\n The 1996 welfare reform act gave states several options of placing further restrictions on\nnoncitizen eligibility or of expanding benefits to noncitizens. LPRs who entered the United States\nafter August 22, 1996, are barred from TANF for five years, after which their coverage becomes a\nstate option. This five-year bar, however, does not apply to LPRs who entered the United States as\nrefugees and asylees. Refugees and asylees who meet the other program criteria are eligible for\nTANF for the first five years they are in the United States. After this period of time, refugees and\nasylees are only eligible for TANF at state option.\n Many states have been exercising one or more of these options to extend coverage to certain\nclasses of LPRs. As of December 2002, 34 states reported that they are exercising the option to\nprovide TANF to LPRs after the five-year bar ends. Thirty-five states reported that they have\nexercised the option to provide TANF to LPRs present in the United States before August 1996. \nFurthermore, 34 states reported that they provide TANF to asylees and refugees who were residing\nin the United States at the time of the welfare reform act's passage in 1996. Only 27 states, however,\nreported that they provide TANF to asylees and refugees who have surpassed the five-year limit for\nTANF.\n In terms of funding, 27 states and Washington, D.C. reported that they used their own funds as\nwell as federal funds in 2000 and 2002 to cover the costs of providing TANF to those LPRs who\nwere in the United States prior to the passage of the 1996 welfare reform act. An important source\nof funding for state assistance to noncitizens comes from the TANF \"maintenance of effort\" (MOE)\nrequirement. In 2002, 17 states reported using their state MOE money to provide public assistance\nto newly arriving LPRs who are barred from federal TANF for the first five years. Six states\nreported using their state MOE money in 2002 to provide TANF to LPRs who had exhausted their\neligibility or were currently barred. Eight states reported contributing their state MOE money in\n2002 to a separate program for those LPRs who were excluded or whose eligibility had expired. \nThis report may be updated if new data become available.", "type": "CRS Report", "typeId": "REPORTS", "active": false, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/RL32363", "sha1": "6db2431e542066af3f3ad2c007b511edfb31c088", "filename": "files/20040423_RL32363_6db2431e542066af3f3ad2c007b511edfb31c088.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/RL32363", "sha1": "71221a34ac71480e904fea6cc010eefbc5762189", "filename": "files/20040423_RL32363_71221a34ac71480e904fea6cc010eefbc5762189.pdf", "images": null } ], "topics": [] } ], "topics": [] }