Conference report directing HUD and DOJ Immigration Officials to work together to develop a mechanism for battered immigrant VAWA self-petitioners to access public and assisted housing.
Manual: Public Benefits Manual
This is a comprehensive tool that provides information relating to public benefits. This manual is composed of chapters and training tools providing overview of immigrant crime victims’ legal rights to services and public benefits, programs open to all without regard to immigration status, federal public benefits (by topic), state benefits comparison charts (by topic), drivers licenses and Social Security numbers, screening and eligibility, and additional government documents relevant to access to public benefits and services for immigrant crime victims.
[pdf] Aliens Who May Be Unlawfully Present in the United States and Their Access to Public Post-Secondary Educational Institutions (2010) (+)
An overview of the Student and Exchange Visitor Program (SEVP), the current Department of Homeland Security (DHS) reporting requirements, and the state rules on unlawfully present students.
[pdf] Centers for Medicare and Medicaid Services (CMS): Medicaid and CHIP Coverage of “Lawfully Residing” Children and Pregnant Women (2010) (+)
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] Chapter 04.1: Access to Programs and Services that Can Help Battered Immigrants (+)
This chapter highlights several important types of assistance that nonprofit organizations serving immigrant victims of domestic violence may provide and discusses the requirements that service providers must meet when working with battered immigrant populations. Specifically, the chapter describes shelter services, victim compensation, legal assistance, and other types of federal benefits that organizations may provide to battered immigrants. Next, it discusses federal laws prohibiting service providers from discriminating on the basis of national origin and requiring them to provide services without regard to immigration status when necessary to protect the life and safety of a victim.
[pdf] Chapter 04.2: Public Benefits Access for Battered Immigrant Women and Children (+)
This chapter includes:
– the types of immigration status relevant to a public benefits determination
– the legal definition of a battered “qualified” immigrant
– categories of benefits
– specific eligibility rules for some important federal programs
– the need to accompany battered immigrants applying for benefits
– public charge
– rules regarding inquiries into citizenship and immigration status
– social security numbers
Readers should be aware that many immigrant eligibility provisions and public benefit requirements discussed in this chapter are both complex, and deeply intertwined. Because of this overlapping complexity, some of the information in this chapter is duplicated in more than one section when required for clarity. Our goal is to assure that advocates and attorneys using this manual can easily access the most complete information they will need to assist clients.
[pdf] Chapter 04.3: Barriers to Accessing Services: The Importance of Advocates Accompanying Battered Immigrants Applying for Public Benefits (+)
This chapter discusses the different barriers which immigrants may encounter with regard to accessing services. It discusses the impact of Welfare Reform on immigrant families. This chapter also includes a policy guidance issued by the Department of Health and Human Services, regarding handling questions on citizenship, immigration status, and social security numbers during the benefits application process, as well as facilitating access to public benefits for persons with limited English proficiency (LEP). Other topics included in this chapter are Medicaid and SCHIP, food stamps, and Temporary Assistance to Needy Families (TANF).
[pdf] Chapter 09: The Family Violence Option: Implementation and Cultural Competency Issues (+)
This chapter reviews the Family Violence Option of the 1996 Welfare Reform Bill and elaborates on the difference in the Family Violence Option programs between states. The Family Violence Option of PRWORA allows TANF recipients to opt out of time limits and/or welfare to work requirements if they meet certain federal guidelines. This Option can be an integral part of a battered immigrant woman’s life, giving her time to look for safe housing, flee violent abusers, and pursue legal cases against their abuses. In order to best implement the Option, this chapter discusses how TANF funding is distributed and how to identify the immigrant applicants that would best benefit from the Family Violence Option.
[pdf] Chapter 16.2 Appendix: HUD Programs and Immigrant Eligibility (+)
Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. This chapter lists the HUD funded programs open to all immigrants without regard to immigration status and the programs whose availability may be limited to “qualified immigrants” as defined by the Personal Responsibility and Work Opportunity Act of 1996 (PRWORA) and immigrants considered “eligible immigrants” under Section 214 of the Housing and Community Development Act.
[pdf] Chapter 17.1: Emergency Medicaid: Urgent Medical Services for Immigrant Crime Victims and Children (December 7, 2016) (+)
Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. Under federal health care, public benefits and immigration laws states have obligations to provide emergency medicaid to immigrants without regard to immigration status. This includes immigrant victims of sexual assault. This chapter is intended to provide an overview regarding health benefits and emergency Medicaid for each state. It provides a chart detailing the definition of what services are provided in the emergency medicaid program, what is covered in each state, and provides a state-by-state chart detailing each state’s laws concerning emergency Medicaid, the coverage provided, and the application process involved.
[pdf] Chapter 17.2: Coverage for Forensic Costs for Immigrant crime Victims: Medical Coverage and Services (February 12, 2017) (+)
Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. This is Chapter 17.2 of NIWAP’s manual “Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault”. It provides a detailed chart of the forensic examination laws, immigration-related eligibility requirements, and processes to receive payment for examination costs for each state. This information is current as of February 12, 2017. It is intended to provide an overview regarding health benefits and victim compensation for each state.
[pdf] Chapter 17.3: Post-Assault Healthcare and Crime Victim Compensation for Immigrant Victims of Violence (July 13, 2018) (+)
Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. Under federal crime victim compensation laws states provide health care assistance to crime victims that includes health care funded by the Victims of Crime Act Compensation Act (VOCA). How health care for crime victims is funded, what health care services are covered, how victims apply, and which crime victims are covered varies state by state. In all but one state VOCA funded crime victim compensation is open to all victims without regard to immigration status. Alabama severely restricts the numbers of immigrant victims who can access VOCA funded crime victims compensation based on the immigration status of the victim at the time the crime victimization occurred. This chapter includes two sets of state by state charts that briefly, and in detail, summarize the provisions available by state to immigrant victims of sexual assault and other violent crimes, as well as the victim compensation laws and processes to receive compensation for each state, DC, Puerto Rico, and Guam.
[pdf] Chapter 17.4: Pre-Natal and Child Health Care For Immigrant Victims and Their Children (February 17, 2017) (+)
Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. Under federal health care, public benefits and immigration laws states have the option to elect to provide greater access to prenatal care for immigrants than offered immigrants and immigrant crime victims under federal law. This chapter provides a chart detailing for each state the programs that provide prenatal services for immigrants by immigration status, the type of coverage provided, and the eligibility/application process. This information is current as of February 12, 2017. It is intended to provide an overview regarding health benefits and emergency Medicaid for each state.
[pdf] Determination of Situations that Demonstrate a Substantial Connection Between Battery or Extreme Cruelty and Need for Specific Public Benefits (July 24, 1997) (+)
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.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. Through this notice, the Attorney General declares what circumstances demonstrate such a substantial connection.
[pdf] Eligibility for State Funded TANF Replacement Programs for Immigrant Crime Victims (+)
A state by state chart outlining the eligibility for state funded TANF replacement programs for immigrant crime victims.
[pdf] FAFSA on the Web (2009-2010) (+)
This document pertains to federal student aid, with screenshots of the Free Application for Federal Student Aid (FAFSA) website regarding the process of filling out the FAFSA.
[pdf] Final Specification of Community Programs Necessary for Protection of Life or Safety Under Welfare Reform Legislation (January 16, 2001) (+)
This publication contains the final version of the Attorney General’s Order which was issued pursuant to sections 401 and 411 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. The Order specifies the types of community programs, services, or assistance for which all aliens remain eligible. This publication also responds to comments submitted regarding the Order.
[pdf] Guidance on Standards and Methods for Determining Whether a Substantial Connection Exists Between Battery or Extreme Cruelty and Need for Specific Public Benefits (December 11, 1997) (+)
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] Guidance on the Interpretation of “Federal Public Benefits” Under the Welfare Reform Law (June 15, 1999) (+)
This is a memo pertaining to the revisions on the guidance on the interpretation of “Federal Public Benefits” under the Welfare Reform Law. Its purpose is to amend advice given to Low Income Home Energy Assistance Program (LIHEAP) grantees about the definition of “Federal Public Benefits” for non-qualified aliens under the 1996 Welfare Reform Law for Health and Human Services (HHS) programs, as it applies to use of LIHEAP funds for weatherization of multi-unit buildings.
[pdf] Higher Education Resources and Student Assistance Programs (2009) (+)
This document pertains to United States Code Service (USCS) Section 1091, which is an overview of student eligibility for any grant, loan, or work assistance, as well as general provisions relating to student assistance programs.
[pdf] HUD Letter on Immigrant Victim Access to Emergency Shelter and Transitional Housing (2001) (+)
A memo about the US Department of Housing and Urban Development (HUD) funding programs that provide emergency shelter and transitional housing for up to two years that are equally available to all needy persons, including aliens who we not “qualified aliens.”
[pdf] Immigrant Crime Victim Child Care Access Chart (+)
This chart details the TANF-funded child care options available to immigrants, broken down by state and by immigration status, as well as the eligibility requirements of the Child Care Development Fund (CCDF).
[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 (November 17, 1997) (+)
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.
[pdf] Medical Assistance Programs for Immigrants and Immigrant Crime Victims: State by State (+)
This chart details the eligibility of immigrants for various medical assistance programs and services, organized by state (including all 50 states, DC, Puerto Rico, Guam, and the Freely Associated States) and by immigration status. For more information on program eligibility in a particular state, please visit https://niwap.org/niwap_main/benefitsmap/.
[pdf] Operating Policy and Procedure Memorandum 97-9: Motions for “Prima Facie” Determination and Verification Requests for Battered Spouses and Children (1997) (+)
This Operating Policy and Procedure Memorandum concerns the procedures for handling a verification process to identify those aliens whose applications for suspension of deportation have been granted under section 244(a)(3) of the Immigration Nationality Act (INA) and the procedures for handling a motion for prima facie determination for those aliens, who have a pending application for suspension of deportation under 244(a)(3) or cancellation of removal under section 240A(b)(2) of the INA before an Immigration Judge. This memorandum is addressed to assistant chief immigration judges, immigration judges, court administrators, and support staff.
[pdf] Policy Guidance RE: Citizenship, Immigration Status, and Social Security Numbers (January 21, 2003) (+)
Policy guidance regarding inquiries into citizenship, immigration status, and social security numbers in state applications for Medicaid, State Children’s Health Insurance Programs (SCHIP), Temporary Assistance for Needy Families (TANF), and food stamp benefits. Updated in 2006 and July 26, 2013.
[pdf] Public Benefits Tool Kit (+)
This is a comprehensive tool that provides information relating to public benefits. This manual is composed of chapters and training tools providing overview of immigrant crime victims’ legal rights to services and public benefits, programs open to all without regard to immigration status, federal public benefits (by topic), state benefits comparison charts (by topic), drivers licenses and Social Security numbers, screening and eligibility, and additional government documents relevant to access to public benefits and services for immigrant crime victims.
[pdf] Request for Comments on the Attorney General’s Specification of Community Programs Necessary for the Protection of Life or Safety Under the Welfare Reform Act (+)
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 vests in the Attorney General the authority to specify non-means-tested, government-funded community programs, services, or assistance that are necessary for the protection of life or safety and for which all aliens remain eligible. On August 23, 1996, the Attorney General issued an Order implementing that authority and making a “provisional specification.” Before the provisional specification is finalized, the Department is publishing this notice to solicit the input of federal, state, and local agencies operating programs or providing services or assistance that may be covered by that Order.
[pdf] State Benefits Comparison Charts: From the Public Benefits Manual (2014) (+)
A manual that consists of a family court bench card on immigrant crime victim access to public benefits and services, information on immigration status: work authorization, public benefits, and ability to sponsor children, and a quick guide for state court judges on common issues that arise from parties’ immigration status: economic remedies.
[pdf] State-Funded Food Assistance Programs (April 2020) (+)
A table that lists the state-funded programs that provide nutrition assistance to immigrants who are not eligible for coverage under the federally funded Supplemental Nutrition Assistance Program (SNAP), formerly known as the Food Stamp Program.
[pdf] State-Funded SSI Replacement Programs (2011) (+)
A table that lists the state-funded programs that provide cash assistance to immigrants who are not eligible for coverage under the federal Supplemental Security Income (SSI) program.
[pdf] Student Aid Eligibility – Eligibility for Title IV Aid for “Battered Immigrants-Qualified Aliens” as provided for in the Violence Against Women Act (+)
This letter describes the process by which a person who has documentation provided by the Department of Homeland Security’s United States Citizenship and Immigration Service that supports a finding that the person is a “Battered Immigrant” and meets the definition of a “qualified alien” can qualify for Title IV, Higher Education Act (HEA) program assistance.
[pdf] Verification of Immigration Status for Public Housing Memo (2005) (+)
A memo in response to Patricia S. Arnaudo’s request for information regarding the procedures for verification of immigration status in connection with applications for public housing made by battered immigrants.