Amicus brief in a case in which undocumented workers had been victims of extortion, when the workers complained to EEOC and the Department of Labor the employer retaliated by triggering the employees detention by the Department of Homeland Security.
The workers filed and received U-visas as victims of extortion despite this fact, the U.S. attorney brought charges
against the workers for document fraud. This amicus brief, filed in the employees’ criminal case, described the
history and purpose of the U-visa as humanitarian relief and a tool for law enforcement.
Public Benefits & Economic Stability > Social Security Numbers
Topic: Social Security Numbers
Materials regarding social security numbers.
[pdf] Agriprocessors Postville, Iowa, (December 8 2008) Court of Appeals Eighth Circuit (+)
Amicus brief filed for the reversal of the decision by the Court of Appeals from the Eighth Circuit in the case of the Immigration and Customs Enforcement (ICE)’s workplace raid at the Agriprocessors meatpacking plant in Postville, Iowa. ICE demonstrated the practical effects of failing to require knowledge of the defining element of 18 US.C. § 1028A—whether the identification at issue is “of another person.” In Postville, the crime of aggravated identity theft, which carries a two-year mandatory sentence enhancement, was stretched to reach immigrant workers with low levels of culpability. The Eighth Circuit’s reading produced arbitrary results. These arbitrary results were not necessary, as Congress’s false document scheme provides for independent and flexible punishment when immigrants knowingly use false documents. By extending the charge of aggravated identity theft beyond its intended bounds, the Eighth Circuit’s reading of 18 U.S.C. § 1028A contravened the bedrock criminal law principle that punishment should be calibrated to culpability. This brief argues that the Court should therefore limit its interpretation of the knowledge requirement in 18 U.S.C. § 1028A to reinforce the link between culpability and punishment and avoid undermining Congress’s immigration law.
[pdf] HHS and Department Of Agriculture, Policy Guidance Regarding Inquiries into Citizenship, Immigration Status and Social SecurityNumbers in State Applications for Medicaid, State Children’s Health Insurance Program (SCHIP),Temporary Assistance for Needy Families (TANF), and Food Stamp Benefits (July 26, 2013) (+)
This is the July 2013 update of a publication originally issues in 2001 clarifying when in the context of public benefits applications, state and federal government agencies administer public benefits programs can and cannot inquire into the citizenship, immigration status, or social security number of an applicant. This publication specifically addresses who may and may not be asked for this information in cases where the applicant is a U.S. citizen child. Prior versions of this policy were issued in 2001 and 2006. All are available in the NIWAP library.
[pdf] Social Security Administration, Social Security Numbers for Noncitizens (January 2023) EN-05-10096 -SSA (+)
This document published by the Social Security Administration in January 2023 explains when a noncitizen is eligible for a work-authorized social security number and the evidence that must be presented to apply for one. The document also addresses how immigrants can apply for and obtain non-work social security numbers that are required for immigrants eligible for certain federal or state public benefits programs that require all benefits recipients to obtain and submit a social security number. Examples include: public and assisted housing, TANF and Medicaid.
[pdf] Immigrant Crime Victim Access to Relief During the COVID-19 Pandemic (June 12, 2021) (+)
This document discusses the eligibility of immigrant crime victims who are applicants for, or recipients of, economic relief, unemployment insurance, and health care access under the CARES and FFCRA legislation. This version is up to date to June 12, 2021.
[pdf] Request That SSA Issue A Non-Work SSN to a Benefits Eligible Immigrant (June 2014 – Washington State Sample) (+)
Sample request for from a state agency that an immigrant be issued a non-work social security number that the immigrant needs to be able to receive or continue to receive public benefits that the immigrant is eligible to receive under state or federal public benefits laws. Only some types of state and federal public benefits programs require that all recipients have a social security number. For example, VAWA self-petitioners and human trafficking victims will be eligible for public and assisted housing before they may receive work authorization. If an immigrant victim is eligible for a federal or state public benefit that requires that recipients have social security numbers, they need to obtain a letter from the public benefits agency stating that the immigrant is eligible for a state or federal benefit and asking that the immigrant be issued a non-work social security number by the Social Security Administration. This sample contains the language similar to what should be included in a draft letter that advocates and attorneys can prepare and submit electronically to the benefits granting agency so that they can issue a letter similar to this one on their stationary. The immigrant victim applying for a non-work SSN will need to submit a letter similar to this one with their application for a non-work SSN.
[pdf] Obtaining Non-work Social Security Numbers Needed by VAWA Self-Petitioners to Maintain Public and Assisted Housing (2019) (+)
Under Section 214 Housing, VAWA Self-Petitioners are eligible for public and assisted housing; however, in order to obtain these housing benefits, VAWA Self-Petitioners must have a Social Security Number. This document explains the process of applying for a Non-Work Social Security Number which VAWA Self-Petitioners need until their petition is approved, and they can work […]
[pdf] Privacy Protections for Immigrant Victims of Domestic Violence, Sexual Assault, Human Trafficking, Child Abuse and Other Immigrants Applying for Public Benefits (October 14, 2020) (+)
The fact sheet provides an overview which government officials state or federal have obligations to inquire into or report immigrants whom they believe may not be in the U.S. lawfully to the Department of Homeland Security. This document discussed the very limited circumstances (in the context of certain public benefits applications) in which government officials are required by federal law to report an individual’s believed citizenship or immigration status to DHS.
[pdf] Low-Income Home Energy Assistance Information Memorandum (2014) (+)
The memorandum provides guidance on how LIHEAP grantees use social security numbers and citizenship status information to provide assistance to applicants.
[pdf] Privacy Protections in Selected Federal Benefits Programs (+)
This document provides an overview of application requirements for specific public benefit programs.
[pdf] Model Letter and Appendix on Privacy Protections in Selected Federal Benefits Programs (+)
A model letter and appendix which includes federal laws, regulations, and guidance to protect the personal information of immigrants applying for public benefits.
[pdf] Social Security Administration Program Operations Manual System (POMS) (July 2017) (+)
Program Operations Manual System (POMS) sections discussing non-work social security numbers for immigrants who are not work authorized. Discussing under what circumstances immigrants not authorized to work can obtain non-work social security numbers. These are available primarily for immigrants who are eligible for state or federally funded public benefits which can include VAWA self-petitioners. Current as of July 24, 2017.
[pdf] Barred from Applying: The Private Sector’s Requirement of Social Security Numbers Has Unintended Consequences for Student Access to Much Needed Educational Scholarships (November 11, 2014) (+)
[pdf] Hawaii Materials Benefits-Confidentiality Training (March 15, 2017) (+)
Materials list covering the following topics: Legal Rights Overview and Brochures; Access to Public Benefits and Services for Immigrant Domestic Violence and Sexual Assault Victims; Child Care; Drivers’ Licenses; Education; Health Care; Shelter and Transitional Housing; Public and Assisted Housing; LIHEAP; Non-Work Social Security Numbers; Public Charge and Immigrant Victims; TANF; VAWA Confidentiality; Legal Services Representation of Immigrant Victims; and Immigrant Victim’s Immigration Options
*Evidence Checklists For Work With Immigrant Survivors (February 11, 2017)
NIWAP has developed a number of checklists that assist attorneys and advocates working with immigrant survivors to prepare for a variety of legal cases on behalf of immigrant survivors. Some of the following checklists are geared toward preparing to accompany a victim who will be applying for state or federal public benefits that the victim […]
[pdf] Triagency Letter: Citizenship Immigration Status and Social Security Numbers (January 21, 2003) (+)
Letter from HHS and the U.S. Department of Agriculture: 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. Approved for distribution by OMB. Form Approved OMB# 0990-0379 Exp. Date 9/30/2020
[pdf] Domestic Violence Fact Sheet: HHS (2012) (+)
Update of Domestic Violence Fact Sheet: Access to HHS-Funded Services for Immigrant Survivors of Domestic Violence (2012)
[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] 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] 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] 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] 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] 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] 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.