HHS, Administration for Children & Families, OFFICE OF FAMILY ASSISTANCE publication describing immigrant and citizen eligibility for TANF and which HHS funded programs are not subject to immigrant restrictions.
Topic: TANF
Materials regarding temporary assistance for needy families (TANF).
[pdf] Jane Doe v. Claire McIntire (August 10, 2001) Commonwealth of Massachusetts Supreme Judicial Court (+)
Jane Doe v. Claire McIntire, App. No. 01-P-1013 (Mass.) (August 10, 2001) Amicus brief appealing a denial of
TANF benefits to two immigrant women lawfully residing in Massachusetts, the denial was based on six month
residence requirement before receiving benefits. One woman was fleeing domestic violence and the other residing
with family during pregnancy. (Foley, Hoag & Eliot, Pro Bono)
[pdf] State-Funded Public Benefits Comparison Chart (June 29, 2022, updated July 7, 2022) (+)
This chart compares state-funded public benefits across states. The chart reports on state funded TANF, medical assistance, food stamps and driver’s licenses. This chart can be used together with NIWAP state by state benefits charts to look up the full legal citations that support immigrant crime victim eligibility in your state and neighboring states. To identify and compare the statutory and regulatory language used in any of the state statutes cited in this chart go to the NIWAP webpage that contains links to all state public benefits charts. https://niwaplibrary.wcl.american.edu/all-state-public-benefits-charts
[pdf] State-Funded TANF Replacement Programs (April 2020) (+)
A table that lists the state-funded programs that provide cash assistance to immigrants who are not eligible for coverage under the federally funded Temporary Assistance for Needy Families (TANF) program.
[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] 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] 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
[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] 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] 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] 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] 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.