Annotated Statutes Related to Public Benefits Eligibility for Immigrant Survivors of Domestic Violence, Child Abuse and Human Trafficking (October 31, 2021) [pdf]
Annotated sections of the U.S. Code 8 U.S.C. 1641 and 1631 that government immigrant access to federal and state public benefits. These two sections describe the categories of immigrants who qualify for public benefits and the deeming rules that apply to immigrant’s public benefits applications. This document is a tool that explains what each code section cited means that the category of eligible immigrants each refers to. This documents described the amendments public benefits laws made by Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA). These laws authorize access to state and federally funded public benefits for immigrants filing VAWA self-petitions, VAWA cancellation of removal and VAWA suspension of deportation applicants, battered spouse waivers, and T visa applicants. These sections also discuss the special exemptions from deeming rules that apply to VAWA and Battered Spouse Waiver applicants.