This section describes what qualified immigrants receive and what immigrants qualify for exceptions to the various bars to access to public benefits for immigrants.
IIRAIRA provisions on sponsor deeming for immigrant access to public benefits
Statute with the list immigrants who are considered qualified immigrants for purposes of eligibility for receipt of federal and state funded public benefits
A comprehensive manual covering topics such as: domestic violence and battered immigrant issues, cultural competency training, cross-cultural interviewing, recruiting and hiring multilingual and multicultural staff, shelter protocols, outreach and community collaboration, shelter access for battered immigrant women, VAWA immigration cases and victim advocacy confidentiality, creative use of protection orders, protections orders enforcement and criminal prosecution, access to public benefits, verification and reporting requirements under the U.S. Attorney General’s guidance and order, and model programs.
VAWA 2005 section 825 (c) amended INA section 239 (8 U.S.C. 1229), adding a requirement that a certificate of compliance be filed if an enforcement action took place at a sensitive location that lead to a removal proceeding to ensure that confidentiality provisions in Section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA) were complied with.
This article chronicles the legislative history of immigration protections afforded immigrant crime victims in the Violence Against Women Acts (VAWA) of 1994 and 2000, through the Battered Spouse Waiver, and through VAWA Confidentiality, the history and development of the VAWA self-petition, VAWA cancellation of removal, the battered spouse waiver, any credible evidence standard, VAWA confidentiality, benefits access for battered immigrant VAWA self-petitioners and cancellation/suspension applicants, the U-Visa, victim’s ability to obtain lawful permanent residency in the U.S. and Legal Services Corporation funded legal assistance are discussed in detail. This article collects and publishes information contained in documents developed during advocacy that led to the passage of federal immigration law legislation creating each of these protections.
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRA) and the Illegal Immigration Reform and Immigration Responsibility Act of 1996 (IIRAIRA) have substantially altered an immigrant’s ability to receive public benefits. These laws eliminated eligibility for most immigrants for Supplemental Security Income (SSI) and federal food stamps and gave states the discretion to determine whether immigrants can qualify for federal, state, and local public benefit programs. Subsequent laws, however, have restored access to SSI and food stamps for very limited numbers of immigrants.
Full version of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) of 1996 , public law 104-208. Confidentiality provisions are listed in Section 384.