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/.
Topic: Public Benefits & Economic Stability
Public benefits training materials, regulations, statutes and best practices. The topic also includes information workplace sexual assault and its affect on victim’s economic stability. For information on child and spousal support and economic relief available through protection orders see the family law section of this website.
Narrow your search:
- Education & Financial Aid
- Healthcare
- Housing
- Social Security Numbers
- Public Charge
- Benefits Limited to Qualified Immigrants
- SSI
- Food Stamps
- TANF
- Childcare & Head Start
- Driver's Licenses
- State Benefits
- Employment
- Forensic Exams
- Energy/Weatherization
- Benefits Overview & Comparisons
- Benefits Available to All Immigrants
- Benefits by Immigration Status
- VOCA
- Transitional Housing
- LIHEAP and Weatherization
- Index of Significant Public Benefits Training Materials
- Index of Significant Education Training Materials
- Post-Assault Healthcare
- Public Benefits State Charts & Maps
- Unemployment
- CAREAS Act Covid-19 Relief
- NILC: State-Funded SSI Replacement Programs
- Labor Law Remedies
- Immigration and Nationality Act (INA)
- National Labor Relations Act (NLRA)
- NILC: Medical Assistance Programs for Immigrants in Various States
- State-Funded SSI Replacement Programs (September 2022)
[pdf] Access to Healthcare Under the Affordable Care Act (+)
A training to help immigrant survivors who qualify access healthcare through the Federal Exchange, identify which groups of immigrant survivors can access federal and state funded health care subsidies through the federal or state funded Medicaid or CHIP, look up what health care benefits survivors may qualify for by state, and help undocumented survivors access health care they are eligible to receive.
[pdf] Opening Plenary: Improved Access to Public Benefits for All Immigrant Survivors (+)
After reading this training, you will be able to understand what forms of assistance undocumented immigrants can access, be better equipped to help immigrant survivors access LSC funded legal services, transitional housing, health care, and other services necessary to protect life and safety, and better appreciate the importance of accompanying survivors applying for benefits for their children.
[pdf] Immigrant Survivors’ Access to Healthcare Under the Affordable Care Act (+)
A training to understand which groups of immigrant survivors can access healthcare through the Federal Exchange, identify which groups of immigrant survivors can access federal and state funded health care subsidies through the federal or state funded Medicaid or CHIP, and help all immigrant survivors access the forms of health care they are eligible to receive for themselves and their children based on their state of residence and the immigration benefits they are pursuing.
[pdf] Federal and State Benefits: Access for Immigrant Survivors and Their Children (+)
This training will help you recognize and know how to use tools to research what state and federal public benefits immigrant survivors can access based on the immigration status pursued, screen for VAWA, T, or U visa immigration relief eligibility to help survivors become “lawfully present,” help immigrant survivors who are qualified immigrants gains access to public benefits, and use strategies for accompanying survivors when they apply for benefits for themselves or their children.
[pdf] Eligibility Under the Affordable Care Act for Survivors of Domestic Violence, Trafficking, and Other Serious Crimes (+)
Eligibility Under the Affordable Care Act for Survivors of Domestic Violence, Trafficking, and Other Serious Crimes. As immigrant crime victims apply for legal immigration status under forms of immigration relief designed for immigrant crime victims, their access to health care and other public benefits grows. Which benefits a victim will qualify for will depend on the type of immigration status the victim is pursuing or has been granted. This document provides an overview of which immigrant victims become eligible for which benefits when in the process after filing for legal immigration status. Once an immigrant is considered to meet the federal law definition of lawfully present, they are eligible to purchase health care insurance via the exchange and become subject as well to the tax consequences of the individual mandate.
[pdf] Chapter 16: Access to Programs and Services that Can Help Victims of Sexual Assault (+)
Information regarding access to programs and services that can help victims of sexual assault.
[pdf] Immigrant Victims in the Justice System (+)
Flow chart illustrating the importance of providing support for immigrant victims seeking help from the justice system and the many different types of justice system cases immigrant victims encounter as they turn to the justice system for help. The systems immigrant and LEP victims need support navigating include: immigration, domestic violence/ arrest incident, family court, benefits, and protection orders (civil court process).
[pdf] Access to Emergency Shelters and Transitional Housing for Battered Immigrants and Immigrant Victims of Crime (June 3, 2014) (+)
The National Immigrant Women’s Advocacy Project (NIWAP) conducted a nationwide survey of advocates, attorneys, government agencies, victim services, and members of the justice system, who were asked to answer a series of questions about immigrant clients (who had been victims of domestic violence, sexual assault, child abuse, or human trafficking) who encountered, needed, or sought access to transitional housing services. This paper will provide an overview of survey participants and will focus on reporting, analyzing, and making policy recommendations regarding the data collected on transitional housing. The survey sought to discover what immigrant survivors of domestic violence, sexual assault, human trafficking, and child abuse are being asked to prove to be able to gain access to transitional housing and whether they are allowed to prove eligibility using the “any credible evidence” standard of proof akin to evidentiary standards used for VAWA immigration cases.
[pdf] Access to Transitional and Emergency Housing for Immigrant Crime Victims (2014) (+)
Immigrant victims of domestic violence and child abuse, abandoned, or neglected children and the homeless, including victims of sexual assault at risk of homelessness are entitled to both emergency housing and transitional housing, without regard to their immigration status. However, research has found that immigrant victims are turned away from transitional housing at very high rates. In many instances, advocates and attorneys working with immigrant survivors were/are not aware that battered immigrants and immigrant sexual assault victims are eligible for transitional housing.
[pdf] Health Care Resource Guide for Service Providers Aiding Immigrant Victims of Domestic Violence, Sexual Assault, Stalking, Human Trafficking and Other Criminal Activities (2014) (+)
This resource guide is intended to aid practitioners in efficiently and effectively locating materials on the health care options for immigrant survivors in the National Immigrant Women’s Advocacy Project’s (NIWAP) web library. This guide is broken down by type of health care or benefit. One of the tools included is a state-by-state comparison while other tools are focused on the benefits available to different types of visa holders. NIWAP offers a wide variety of resources and hopes this research guide provides some guidance in effectively finding the most useful resource.
[pdf] Trafficking Victim Benefits Under the Affordable Care Act (ACA) (June 18, 2014) (+)
The Patient Protection and Affordable Care Act (popularly known as the “ACA”) of 2010 sought to increase health care coverage in the United States by requiring that eligible individuals purchase qualified health insurance plans and the establishment of online health insurance exchanges, which contain multiple private health insurance plans. Trafficking victims who are granted continued presence and trafficking victims who file for and receive T-visas have greater access to a full range of subsidized health care benefits than any other group of immigrant crime victims. In addition to the federal laws, states have the power to regulate immigrants’ access to health care and to public benefits.
[pdf] U-Visa Victim Benefits Under the Affordable Care Act (ACA) (+)
The Patient Protection and Affordable Care Act (popularly known as the “ACA”) of 2010 sought to increase health care coverage in the United States by requiring that eligible individuals purchase qualified health insurance plans and the establishment of online health insurance exchanges, which contain multiple private health insurance plans. The Patient Protection and Affordable Care Act (popularly known as the “ACA”) of 2010 sought to increase health care coverage in the United States by requiring that eligible individuals purchase qualified health insurance plans and the establishment of online health insurance exchanges, which contain multiple private health insurance plans. Similar to other public benefits, there is no one-size-fits-all rule as to when immigrant victims qualify for subsidies and for what health care benefits may be covered by subsidies. In addition to the federal laws, states have the power to regulate immigrants’ access to health care and to public benefits. Lawfully present U-Visa victims are subject to the individual mandate, unless they meet the low-income exception, and are eligible to purchase insurance on the exchanges. In the vast majority of states, lawfully present U-Visa victims do not receive health care subsidies and when subsidies are offered they are generally only for prenatal and child health care.
[pdf] VAWA Self-Petitioner Victim Benefits Under the Affordable Care Act (ACA) (+)
The Patient Protection and Affordable Care Act (popularly known as the “ACA”) of 2010 sought to increase health care coverage in the United States by requiring that eligible individuals purchase qualified health insurance plans and the establishment of online health insurance exchanges, which contain multiple private health insurance plans. In addition to the federal laws, states have the power to regulate immigrants’ access to health care and to public benefits. The ACA created two categories of immigrants: those are who are “lawfully present” and those who are not. VAWA self-petitioners are included in the category of “lawfully present” and are therefore subject to the individual mandate and eligible to purchase insurance on the exchanges if they do not qualify for an income exemption.
[pdf] Anti-Discrimination Provisions that Apply to Programs Receiving Federal Funding Serving Victims of Violence Against Women Crimes (February 10, 2017) (+)
All programs that serve survivors of domestic violence, sexual assault, stalking, dating violence, child abuse, elder abuse, human trafficking or other crime victims and directly or indirectly receive federal funding or assistance are responsible for complying with anti-discrimination laws. This fact sheet will discuss the anti-discrimination provisions of laws and programs with particular applicability to immigrant and Limited English Proficient (LEP) crime victims. By Catherine Longville and Leslye E. Orloff
[pdf] NIWAP Survey Findings on Access to Public and Assisted Housing for VAWA Self-petitioners, their Children, and Trafficking Victims (June 2, 2014) (+)
VAWA self-petitioners who are battered immigrant spouses and children of U.S. citizens and lawful permanent residents, and victims of human trafficking with continued presence or T visas are “qualified aliens,” and thus they are legally eligible for public and assisted housing. Although, the U.S. Department of Housing and Urban Development (HUD) is providing access to public and assisted housing for human trafficking victims, there has been an 18 year delay in HUD issuing policies and guidance to agencies and programs nationwide who administer public and assisted housing funds directing them that VAWA self-petitioners and their children are eligible to receive public and assisted housing. HUD’s failure to issue policies implementing 8 U.S.C. Section 1641(c) results in VAWA self-petitioners being precluded from accessing, or remaining and being subject to proration, in public and assisted housing units. As a result many battered immigrant spouses of U.S. citizens and lawful permanent residents who are living in public housing with their abuser are forced to choose between staying in public or assisted housing with their abuser or risk homelessness for themselves and their children.
[pdf] Programs Open to Immigrant Victims and All Immigrants Without Regard to Immigration Status (July 23, 2015) (+)
This brochure contains a list of programs for the protection of life, safety and public health, as well as legal services, which are available to immigrants regardless of their immigration status.
[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] Detained or Deported: What About My Children? What to do if You Can’t Be With Them (+)
This guide describes the child welfare system in great detail. If you do not know what a word or term means, see the Glossary. You may need to read certain sections in this guide several times in order to understand and you may also need to ask someone else for help.
[pdf] Federal, Partnership, and State Exchanges That Provide State and State-Option Funded Medicaid or Medicaid-Like Services (2014) (+)
This quick reference guide details the types of health care exchanges and government-subsidized health care programs run by each state, as well as the immigration-related eligibility requirements of each.
[pdf] Chapter 18: Sexual Harassment and Assault in the Workplace: A Basic Guide for Attorneys in Obtaining Relief for Victims under Federal Employment Law (2013) (+)
Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. This chapter, authored by William R. Tamayo of the Equal Employment Opportunity Commission, provides an overview of sexual assault and sexual harassment in the work place and the legal remedies under employment laws available for immigrant survivors. This chapter serves as a basic guide for attorneys in obtaining relief for victims under federal employment laws, and includes a discussion of the role of advocates, counselors, or medical professionals.
[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 17: Access to Health Care for Immigrant Victims of Sexual Assault (July 10, 2013) (+)
Chapter 17 in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. This chapter describes the range of services an immigrant victim of sexual assault can access through different programs and services of the health care system. The Health Care Charts contain state-by-state information that helps victims and their advocates identify what health services immigrant victims can access, depending on the State they live in and their immigration status. This chapter discusses how health care access grows as an immigrant victim files for and receives immigration benefits, health care options for undocumented victims, access to health care exchanges for immigrant survivors, which forms of immigration relief bring greatest access to health care, and survivors and their children who may be eligible for health care subsidies under state options and federal law.
[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 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 16.1 Appendix: HHS Funded Programs Open to All Immigrants (+)
Lists of HHS funded programs open to all immigrants.
[pdf] Bench Card: VAWA Immigration and Public Benefits Eligibility Process: VAWA Self-petitioners, VAWA Cancellation of Removal, and VAWA Suspension of Deportation, and Battered Spouse Waiver Applicants (December 31, 2021) (+)
This Bench Card contains information on the VAWA public benefits eligibility process, including the following: immigration status qualification requirements, VAWA cancellation of removal and suspension of deportation, battered spouse waiver, and how to become a “qualified immigrant” who is eligible to receive federal and state public benefits.
[pdf] Bench Card Trafficking Victim Immigration and Public Benefits Eligibility Process (December 31, 2021) (+)
This Benchcard discusses the qualifications for Continued Presence status, how to apply for and obtain Office of Refugee and Resettlement benefits eligibility based on Continued Presence, qualifications for T-Visa status, how to apply for a T-Visa, and how to receive benefits after receiving Continued Presence status or a T-Visa. It also outlines the federal and state public benefits and other government-funded programs available to trafficking victims as well as the eligibility period.
[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] Federal Preemption of State Laws That Attempt to Restrict Immigrant Access to Services Necessary to Protect Life and Safety (2013) (+)
Although the power to regulate immigration and enact immigration laws rests exclusively with the federal government, some state laws and local ordinances have been enacted to involve state and local officials in immigration enforcement and to cut off access to programs, benefits, and services to non-citizens including undocumented immigrants. This article discusses federal preemption of state laws that attempt to restrict immigrant access to services that have been deemed by the Attorney General of the United States to be necessary for the protection of life and safety.
[pdf] Flowchart of Access to Federal and State Public Benefits for Victims of Human Trafficking (+)
This is a flowchart regarding access to federal and state public benefits for victims of human trafficking, including services necessary to protect life and safety.
[pdf] Flowchart on Access to Federal and State Public Benefits for Battered Immigrant Spouses and Children of U.S. Citizens or Lawful Permanent Residents (+)
This is a flowchart pertaining to abused family members’ access to federal and state public benefits, including services necessary to protect life and safety.
[pdf] Flowchart on Access to Federal and State Public Benefits For U-Visa Victims (+)
This is a flowchart on U-Visa victims’ access to federal and state public benefits, including services necessary to protect life and safety.
[pdf] U-Visa Victims and Lawful Permanent Residency (2012) (+)
This survey examined the extent to which U visa recipients were eligible for and pursued lawful permanent residency and found that U visa victims were providing cooperation with law enforcement at high rates and were also able to demonstrate the humanitarian need, public interest or family unity required to receive U visa based lawful permanent residency status.
[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] Health Care Reform: What Women Got, What Women Want and What Women Need (+)
A powerpoint presentation from the March 26, 2011 training in Crystal City, Virginia sponsored by Faithful Reform in Health Care.
[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] Facilitating Access to TANF for Battered Immigrants: A Pilot Training Manual for TANF Eligibility Workers (2011) (+)
The goal of this training manual is to provide a background for TANF eligibility workers on qualified alien battered immigrant access to TANF. It will also provide direction to TANF workers on how to assess battered immigrant eligibility for TANF following the Guidance issued by the Attorney General of the United States setting out a four step process for making eligibility determinations in cases of battered immigrants and other immigrants applying for public benefits. This pilot training manual will focus only on TANF eligibility workers on qualified alien battered immigrants. Addressing each of the major benefits programs (e.g. Medicaid, SCHIP, Food Stamps, Public Housing) is beyond the scope of this training manual, and is an endeavor that we hope to undertake in the future once this pilot TANF training manual has been field tested, updated, revised, and published in its final form. However, because battered immigrant women and children who qualify for TANF will also likely qualify for other federal public benefits, including other federal means tested public benefits, we will discuss some of those programs basic requirements at appropriate points in this manual.
[pdf] Services and Assistance Legally Available to Help Immigrant Victims of Violence Against Women (+)
Training powerpoint on public benefits from the December 1, 2010 Sioux Falls, South Dakata
[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 17.4: 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] 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] 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] 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] FAFSA on the Web Worksheet (2008-2009) (+)
This pertains to the Free Application for Federal Student Aid (FAFSA) worksheet, which must be completed in order to apply for federal student aid and most state and college aid.
[pdf] HUD Handbook 4350.3: Occupancy Requirements of Subsidized Multifamily Housing Programs (+)
HUD-subsidized multifamily properties represent an important and valuable resource in addressing the nation’s affordable housing needs. The successful delivery of this housing resource to the people who need it depends on effective occupancy policies and procedures. HUD’s occupancy requirements and procedures ensure that eligible applicants are selected for occupancy, that tenants receive the proper level of assistance, and that tenants are treated fairly and consistently. This handbook describes the occupancy requirements and procedures governing the HUD-subsidized multifamily housing programs identified. The handbook addresses the procedures by which households apply for housing and the rights and responsibilities of in-place tenants and property owners. This handbook is addressed to tenants, owners, managers, HUD Field Office Staff, and Performance-Based and Non-Performance Based Contract Administrators.
[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] Community, Migrant and Homeless Health Center Handbook: Immigrant Eligibility for Publicly Funded Health Care Benefits (+)
The rules governing the eligibility of individuals who are not citizens of the United States for federal or state public benefits, including medical assistance, are complicated. They are also subject to change. This manual addresses the immigrant eligibility rules of the various health care programs in New York as they existed in December of 2008. Although these rules are unlikely to alter substantially within the next few years, advocates should be aware of the potential for change, including the possibility of national immigration reform, which is likely to establish new immigrant classifications. How those classifications will fit into the structure described here remains to be seen.
This manual does not address eligibility requirements in the health insurance programs other than the immigration status restrictions. It is assumed that the immigrant applying for medical assistance otherwise meets all the financial and other non-immigrant related requirements of the particular program.
[pdf] Memo: Undocumented Student in Post-Secondary Education (2008) (+)
A memo responding to the inquiry on whether USC Section 1621 prohibits NCCCS from requiring North Carolina community colleges to enroll illegal aliens in post-secondary education courses, absent state legislation.
[pdf] Head Start Programs Memo (+)
Clarification of policy regarding verification of the citizenship and immigration status of Child Care and Development Fund (CCDF) applicants when non-profit organizations determine eligibility for the CCDF program and when a child receives combined CCDF and Head Start services.
[pdf] Certification of Domestic Violence, Dating Violence, or Stalking (2007) (+)
The Violence Against Women and Justice Department Reauthorization Act of 2005 protects qualified tenants and family members of tenants who are victims of domestic violence, dating violence, or stalking from being evicted or terminated from housing assistance based on acts of such violence against them. This is a certification template of domestic violence, dating violence, or stalking that is to be completed by the victim of domestic violence.
[pdf] Funding Effective Program Services for Immigrant Victims of Domestic (2007) (+)
This monograph is designed to help Family Violence Prevention Service Act (FVPSA) Grant administrators expand services to projects that serve immigrant victims of family violence. Specifically, it will focus on factors administrators should examine to determine how effective a program will be in serving a targeted, immigrant population. It will provide guidelines to distinguish between programs that claim to be open to immigrants and those that have established true and trusting relationships with immigrant communities. Often, the projects best able to reach and effectively serve immigrant victims are collaborations between mainstream domestic violence and sexual assault victim service programs and programs that have experience and trusting relationships with women in immigrant communities. Additionally, this monograph will assist FVPSA administrators by providing insight to enhance these collaborations and by providing tools that can be used to ensure that funds support effective services provided through relationships between mainstream programs and those serving immigrant victims.
[pdf] PUBLIC BENEFITS ACCESS FOR BATTERED IMMIGRANT WOMEN AND CHILDREN: FACT SHEET (2007) (+)
Information regarding public benefits access for battered immigrant women and children. This reading covers who are qualified immigrants, what benefits can qualified immigrants receive, how do battered immigrants become qualified immigrants, what is substantial connection, exemptions from deeming requirements, and benefits available to all immigrants.
[pdf] U.S. Departments of HHS and Agriculture: Q&A Re: Citizenship and Immigration Status Policy Guidance (March 24, 2006) (+)
U.S. Department of HHS and Agriculture: Policy guidance regarding inquiries into citizenship, immigration status and social security numbers in state applications for medicaid, state children’s health insurance program (SCHIP), temporary assistance for needy families (TANF), and food stamp benefits.
[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.
[pdf] Q&A: Five-Year Bar (2004) (+)
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] Public Housing Occupancy Guidebook (+)
This guide is designed to assist public housing authority staff and HUD with a range of issues related to public housing occupancy, from application for admission and rent calculations through ongoing occupancy to lease termination. The guidebook is intended to provide a handy reference for all aspects of admissions and occupancy administration.
[pdf] 2003 Budget Bill VAWA Housing Language (+)
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.
[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] Offering a Helping Hand: Legal Protections for Battered Immigrant Women: A History of Legislative Responses (March 1, 2002) (+)
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] 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] 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] Access to HHS Funded Services for Immigrant Survivors of Domestic Violence Fact Sheet (+)
The Office for Civil Rights created this fact sheet on “Access to HHS funded Services for Immigrant Survivors of Domestic Violence” in an effort to educate domestic violence service providers, immigrant advocates, health and social service providers, benefits agency eligibility workers, and others regarding the complex web of eligibility rules issued by several different Federal agencies, including the U.S. Department of Health and Human Services and the US Department of Justice.
[pdf] Memo on Countering State Court SSN Requirements (2001) (+)
This memo, intended for advocates, attorneys, benefit providers, justice system personnel, and other interested persons, discusses §466(a)(13) of the Social Security Act and its effects on battered immigrant women.
[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] Memo re: Obtaining Non-Work Social Security Numbers (+)
This memo is intended for advocates, attorneys, benefit providers, justice system personnel, and other interested persons.
[pdf] Housing Act. Section 214 (+)
United States code on the public health and welfare in regards to restrictions on the use of assisted housing by non-resident aliens.
[pdf] McKinney-Vento Homeless Assistance Act (2000) (+)
Renaming of the Stewart B. McKinney Homeless Assistance Act to the McKinney-Vento Homeless Assistance Act.
[pdf] USCIS Guide to Public Charge Regulations (Spanish) (1999) (+)
USCIS Guide to Public Charge Regulations (Spanish) (1999)
[pdf] Access to Public Benefits for Battered Immigrant Women and Children (September 1999) (+)
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) 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 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] USCIS Public Charge Fact Sheet (May 25, 1999) (+)
This fact sheet issued by the U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, clarifies regulations published in the Federal Register on May 26, 1999, regarding “the circumstances under which a non-citizen can receive public benefits without becoming a “public charge” for purposes of admission into the United States, adjustment of status to legal permanent resident, and deportation.”
[pdf] USCIS Q&A on Public Charge (May 25,1999) (+)
This document, released by the U.S. Citizenship and Immigration Services of the U.S. Department of Homeland Security, contains a list of questions and answers regarding the term “public charge” and the regulations that surround it.
[pdf] Field Guidance on Deportability and Inadmissibility on Public Charge (March 26, 1999) (+)
The Department of Justice is publishing a proposed rule in this issue of the Federal Register which proposes to establish clear standards governing a determination that an alien is inadmissible or ineligible to adjust status, or has become deportable, on public charge grounds. Before the proposed rule becomes final, the Immigration and Naturalization Service is publishing its field guidance on public charge issues as an attachment to this notice. This will help alleviate public confusion over the meaning of the term “public charge” in immigration law and its relationship to the receipt of Federal, State, and local public benefits. This field guidance will provide aliens with better guidance as to the types of public benefits that will and will not be considered in public charge determination.
[pdf] Patient Health Questionnaire (PHQ-9) (+)
This tool is designed for use by health care professionals who wish to screen patients for depression. It includes a questionnaire and a corresponding key to be used to analyze patients’ responses to the questionnaire.
[pdf] Patient Health Questionnaire (PHQ-9) – Spanish (+)
This is the Spanish version of the tool designed for use by health care professionals who wish to screen patients for depression. It includes the questionnaire translated into Spanish. For the corresponding key to be used to analyze patients’ responses to the questionnaire, please consult the English version of the Patient Health Questionnaire (PHQ-9) at https://niwaplibrary.wcl.american.edu/pubs/traum-temp-phq9english.
[pdf] Clarification of Interpretation of “Federal Public Benefit” Regarding Child Care and Development Fund (CCDF) Services (+)
Title IV also requires providers of “Federal public benefits” to verify the immigration and citizenship status of all applicants, except for eligibility determinations made by non-profit charitable organizations. On September 23, 1998, the Administration for Children and Families (ACF) sent all Child Care and Development Fund (CCDF) Lead Agencies a letter about the August 4, 1998, Federal Register notice that listed the CCDF among the programs administered by the Department of Health and Human Services (HHS) that are subject to the verification requirements applicable to programs offering “Federal public benefits.” In that letter ACF said that it was considering how the “Federal public benefits” requirements related to the CCDF. After further research, ACF is offering additional guidance contained in this document.
[pdf] HHS: Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA); Interpretation of “Federal Public Benefit” (August 4, 1998) (+)
This notice with comment period interprets the term “Federal public benefit” as used in Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), Pub. L. 104-193, and identifies the HHS programs that provide such benefits under this interpretation. According to section 401 of PRWORA, aliens who are not “qualified aliens” are not eligible for any “Federal public benefit,” unless the “Federal public benefit” falls within a specific exception. A “Federal public benefit” includes “any grant, contract, loan, professional license, or commercial license” provided to an individual, and also “any retirement, welfare, health, disability, public, or assisted housing, post-secondary education, food assistance, unemployment benefit, or any other similar benefit for which payments or assistance are provided to an individual, household, or family eligibility unit.” Under section 432, providers of a non-exempt “Federal public benefit” must verify that a person applying for the benefit is a qualified alien and is eligibile to receive the benefit.
[pdf] Public Charge Field Guidance Memo – US DOJ (May 20,1999) (+)
This memo was distributed to all regional directors of the Immigration and Naturalization Service of the U.S. Department of Justice from Michael A. Pearson, Executive Associate Commissioner of the Office of Field Operations, with the title “Public Charge: INA Sections 212(a)(4) and 237(a)(5)”.
[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] 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] 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] Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA); Interpretation of “Federal Means-Tested Public Benefit” (August 21, 1997) (+)
This notice with comment period interprets the term “Federal means-tested public benefit[s]” as used in title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), Pub. L. 104-193, to include only mandatory spending programs of the Federal Government in which eligibility for the programs’ benefits, or the amount of such benefits, or both, are determined on the basis of income or resources of the eligibility unit seeking the benefit. At HHS, the benefit program programs that fall within this definition (and are not explicitly excepted from the definition by Section 403(c)) are Medicaid and Temporary Assistance for Needy Families (TANF).
[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] Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) of 1996 (+)
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.
[pdf] Potential Legal Liability for Health Professionals for Actions for Inactions in Domestic Violence Cases (+)
If an injured victim of domestic violence is treated by a physician or nurse who does not inquire about abuse or who accepts an unlikely explanation of the injuries, and the patient then returns to the abusive situation and sustains further injuries, the physician or nurse could conceivably be held liable for those subsequent injuries. This reading is about the potential legal liabilities for health professionals working with patients in domestic violence cases.
[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] 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] Student Eligibility for Grant, Loan, or Work Assistance (1995) (+)
This document provides a general overview of a student’s eligibility to receive any grant, loan, or work assistance. It includes a discussion on a student’s satisfactory progress, the required standards for students who are not high school graduates, and certification for GSL eligibility.
[pdf] Evidence for an Non-Work SSN Card for an Immigrant (1995) (+)
The process of obtaining a non-work social security numbers for immigrants.
[pdf] Social Security Administration: Entering the Mother’s SSN (1995) (+)
Policies and procedures when submitting the mother’s social security numbers card.
[pdf] Requirements for Obtaining an SSN for Nonwork Purposes (1995) (+)
SSA will not assign an SSN to an alien in lawful immigration status in the US who does not have DHS work authorization unless the alien has a valid nonwork reason for an SSN, such as: a Federal statue or regulation that requires the alien provide his/her SSN to get the benefit or service or a State or local law requires the alien who is legally in the US provide his/her SSN to get public assistance benefits to which the alien has otherwise established entitlement and for which all other requirements have been met.
[pdf] Evidence List for Battered Immigrant Women Seeking Social Security Numbers (March 2014) (+)
This list is designed to provide advocates working with battered immigrants with a tool that will help them work more effectively in obtaining social security numbers. Battered immigrants who receive a prime face determination may be eligible to receive cash assistance. Many federal and state benefits agencies require a social security number in order to issue the cash benefit. Therefore, battered immigrants who do not have an INS issued work authorization will need to apply for a non-work social security number. Advocates are strongly encouraged to accompany their clients to the Social Security Administration to ensure that their clients are not denied non-work SSNs by caseworkers who do not fully understand the process and eligibility requirements involved in issuing non-working SSNs.
[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] Benefits for Undocumented Immigrants (+)
This brochure highlights services and benefits that are available to immigrants in the US who do not have proper documentation. It also provides a list of agencies that offer services for immigrants and helpful information that may assist immigrants to navigate New York City’s benefits and services available to themselves and their children.
[pdf] Family Violence Option, State by State Summary (+)
A brief description of the federal FVO, accompanied by a state-by-state chart that indicates whether the state has chosen to adopt the FVO, and, if so, how they have chosen to implement it.