[pdf] Immigrants’ Access to Programs and Services Necessary to Protect Life and Safety and Post-Assault Health Care (+)

Information regarding immigrants’ access to programs and services necessary to protect life and safety and post-assault health care. This reading covers the Personal Responsibility and Work Opportunity Act of 1996, the Emergency Medical Treatment and Active Labor Act, community health centers, the Fair Housing Act, the McKinney Homeless Act, and legal services.

[pdf] Somewhere to Turn (+)

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.

[pdf] Medicaid and CHIP Coverage of “Lawfully Residing” Children and Pregnant Women (+)

A memo that provides guidance on the implementation of the Children’s Health Insurance Program Reauthorization Act of 2009 (CHIPRA), Public Law 11-3. Section 214 of CHIPRA permits states to cover certain children and pregnant women in both Medicaid and the Children’s Health Insurance Program (CHIP) who are “lawfully residing in the United States” as described in section 1903(v)(4) and 2107(e)(1)(J) of the Social Security Act.

[pdf] Q&A: Five-Year Bar (+)

This document contains questions and answers regarding immigrants and the five-year bar. Section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) provides that certain immigrants who enter the United States on or after August 22, 1996 are not eligible to receive federally-funded benefits, including Medicaid and the State Children’s Health Insurance Program (SCHIP), for five years from the date they enter the country with a status as a “qualified alien.”

[pdf] Q&A on the Five-Year Bar (+)

This document pertains to the Department of Health and Human Services Centers for Medicare and Medicaid Services’ questions and answers on the five-year bar. Section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) provides that certain immigrants who enter the United States on or after August 22, 1996 are not eligible to receive federally-funded benefits, including Medicaid and the State Children’s Health Insurance Program (SCHIP), for five years from the date they enter the country with a status as a “qualified alien.”

[pdf] Offering a Helping Hand: Legal Protections for Battered Immigrant Women: A History of Legislative Responses (+)

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.

[pdf] Access to Public Benefits for Battered Immigrant Women and Children (+)

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.

[pdf] Guidance on Standards and Methods for Determining Whether a Substantial Connection Exists Between Battery or Extreme Cruelty and Need for Specific Public Benefits (+)

The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), as amended by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, provides that certain categories of aliens who have been subjected to battery or extreme cruelty in the United States are “qualified aliens” eligible for certain federal, state, and local public benefits. To be qualified under this provision, an alien must demonstrate, among other things, that there is a substantial connection between the battery or extreme cruelty and the need for the public benefit sought. This notice provides guidance to benefit providers regarding substantial connection determinations.

[pdf] Interim Guidance on Verification of Citizenship, Qualified Alien Status, and Eligibility Under Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (+)

Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (“PRWORA”) requires the Attorney General, by February 1998, to promulgate regulations requiring verification that an applicant for federal public benefits is a qualified alien eligible to receive federal public benefits under the Act. Amendments to the PRWORA by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 also require the Attorney General, within the same time period, to establish fair and nondiscriminatory procedures for applicants to provide proof of citizenship. Amendments to the PRWORA by the Balanced Budget Act of 1997 require the Attorney General, by November 3, 1997, to issue interim verification guidance that sets forth procedures that benefit providers can use to verify citizenship, qualified alien status, and eligibility under Title IV of the PRWORA prior to issuance of the final regulations. In accordance with this last statutory requirement, the Attorney General, in consultation with federal benefit-granting agencies, has developed this interim guidance.