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Legacy of the Welfare Reform Act of 1996

Legacy of the Welfare Reform Act of 1996. Vicky Pulos, MLRI vpulos@mlri.org 617-357-0700 Ext. 318. Immigrant Eligibility after 1996 Welfare Reform Act (PRWORA). All but “qualified aliens” denied most federally funded benefits

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Legacy of the Welfare Reform Act of 1996

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  1. Legacy of the Welfare Reform Act of 1996 Vicky Pulos, MLRI vpulos@mlri.org 617-357-0700 Ext. 318

  2. Immigrant Eligibility after 1996Welfare Reform Act (PRWORA) • All but “qualified aliens” denied most federally funded benefits • Even “qualified aliens” denied major benefits unless additional conditions met • Additional conditions differ • Federal programs –SSI, Food Stamps (now SNAP), and • Federal-state programs-TANF/TAFDC & Medicaid

  3. Housing • Immigrant eligibility restrictions in federal housing programs • Based on federal housing laws • Not the Welfare Reform Act

  4. Safety net programs • Some federally funded programs are NOT subject to Welfare Reform Act’s restrictions e.g. • Emergency Medicaid • Public health programs • School lunch • Meals on Wheels • More…

  5. Who is federally“qualified” • Legal permanent resident • Paroled for at least 1 year • Refugee • Granted Political Asylum • Granted Withholding of Deportation • Cuban/Haitian entrant • Battered immigrant, parent/child • Trafficking victim

  6. The 5-year bar • Applies to qualified aliens who are legal permanent residents or parolees who entered US on or after 8-22-96 • SSI & SNAP also apply 5-year bar to those qualified as battered immigrants • Not eligible for 5 years from attaining status

  7. Eligible after meeting 5 years? • MassHealth: YES • TAFDC: YES • SNAP: YES • SSI: More required e.g. 40 quarters

  8. 5 year bar does NOT apply • Asylee • Cuban-Haitian entrant • Certain Amerasians (born in Vietnam) • Refugee • Trafficking victims and Afghan & Iraqi Special Immigrants treated like refugees under federal law post-PRWORA • Deportation withheld • Certain American Indians (e.g. born in Canada) • Veteran/Active duty & spouse/child • Legal permanent residents who entered US under status exempt from 5-year bar

  9. New green cards –May 2010 Does code show status not subject to 5 yr bar? Is country Cuba, Haiti, Iraq, Afghanistan, Vietnam, Canada? Is date 5 or more years ago?

  10. Other exceptions to 5-year bar differ among programs, for example • MassHealth: -children under 19; pregnant women; battered immigrants • SNAP-children under 18; receiving certain benefits based on disability; 40 quarters • TAFDC-battered immigrants

  11. Exercise • Mrs. Pappas came from Greece 6 years ago with a green card. • Is she qualified? • Is she subject to 5 year bar? • Is she eligible? • Are your answer different if you learn she only has an expired tourist visa but has been here for 6 years?

  12. Don’t confuse 5-year rule • In TANF & MassHealth, rule applies only to legal permanent residents & paroled • In SSI & SNAP to battered immigrants too • Does NOT apply to other “qualified” like refugees –they’re NOT barred for 5 years • “Non-qualified” like TPS do not become qualified or eligible because they’ve been here 5 years

  13. Exercise • Ms. O’Neil is a battered immigrant with a pending VAWA petition who lives with her 7 year old son. They have no income. • Are they eligible for TAFDC & MassHealth? • Are they eligible for SNAP? • If her son is disabled, can he get SSI?

  14. Immigrant eligibility vs. Immigration status • Eligibility group: Cuban-Haitian Entrant • Immigration status includes: • Granted LPR under special laws • Paroled into U.S. • Asylum applicant • Some legal immigrants aren’t eligible e.g. 5-year barred • Some eligible immigrants don’t have legal status e.g. some trafficking victims

  15. I-94 for person granted asylum

  16. Other differences among programs • Grandfathering –eligibility for individuals receiving benefits or meeting other conditions at time PRWORA was enacted (8/22/96) • Public charge -whether receipt of the benefit will be a factor in determining adjustment to LPR status or reentry to U.S. • Reporting-in RARE cases, applicant known to be unlawfully present e.g. under final deportation order may be reported to DHS by some programs; never in Medicaid

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