Facts on Immigrants and Public Benefits "Qualified"aliens include lawful permanent residents (LPRs). refugees, asylees, person paroled into the country for at least one year. persons granted withholding of deportation, and certain battered women and children. Any aliens not include in one of these categories are considered "not qualified." How is an Immigrant's Eligibility for Public Benefits Determined? Immigrants considered "qualified" are eligible for some, but not all, federal public benefits. An immigrant's eligibility for public benefits will depend on her immigration status, whether she entered the U.S. before the welfare reform law was passed, and whether she was already receiving assistance when the welfare law passed. Access to certain benefits will also vary based on which state the immigrant lives in. What Hurdles Must "Qualified" Immigrants Overcome to Receive Benefits? A large number of legal immigrant bars and restrictions to public benefits resulted from the 1996 welfare law (see table below). Eligibility for certain programs now varies depending on when the immigrant entered the U.S. For federal means-tested public benefits, newly arriving immigrants (those admitted to the U.S. on or after 8/22/96) are: 1) barred for their first five years in the U.S.; and 2) subject thereafter to a process called "deeming" where the income and resources of the U.S. citizen or LPR sponsoring the immigrant are added to the immigrant's own income to determine whether the immigrant is poor enough to qualify for the benefit under the program's financial guidelines. Deeming continues until the new immigrant either naturalizes or works 40 "qualifying quarters" (at least 10 years)-the work of a spouse (or of a parent in the case of a child under 18) also counts towards the 40 quarters. After becoming naturalized citizens, or working for 40 quarters, legal immigrants are generally eligible for federal and state programs provided they meet the general program criteria. "Qualified" Immigrants entering the U.S. on or after 8/22/96 "Qualified" Immigrants in the U.S. before 8/22/96 (date of enactment of welfare law) Barred from Supplemental Security Income (SSI) and Food Stamps. *(See following text for exceptions). Barred from (SSI) and Food Stamps. Immigrants already receiving Food Stamps must be cut off by no later than 9/30/97. *(See following text for exceptions). Subject to a 5-year bar on most federal means-tested benefits including Medicaid and Temporary Assistance for Needy Families (TANF - formerly AFDC). There is not yet an official definition of "federal means-tested public benefit," but at a minimum the programs exempt from this bar include: emergency Medicaid; non-cash emergency disaster relief; School Lunch Act programs; Child Nutrition Act programs; immunizations; Head Start; higher education loans and grants; and certain job training programs among other programs specified by the Attorney General. Not subject to any prospective bar on most federal means-tested benefits including Medicaid and Temporary Assistance for Needy Families (TANF - formerly AFDC). [Note: States still have the option to restrict access to these programs. See below.] After 5-year bar, subject to deeming for federal means-tested benefits. Exemptions from deeming for up to one year exist for some battered spouses and children, and those at risk of going hungry or becoming homeless. Not subject to deeming for federal means-tested benefits. After the 5-year bar, states still retain the option to determine immigrant eligibility for TANF, Medicaid, and social services block grants (Title XX). States have the option to determine immigrant eligibility for TANF, Medicaid, and social services block grants (Title XX). What Services May Refugees Receive? Refugees fleeing potentially life-threatening persecution in their home country typically do not have the luxury of bringing personal possessions or preparing themselves for life in a new culture. Recognizing this fact, the federal government exempts newly arrived refugees, asylees, and immigrants granted withholding of deportation from all of its eligibility provisions which restrict access to public benefits, but only for their first five years after being granted such status. What Other "Qualified" Immigrants are Exempted from Public Benefits Restrictions? Veterans and active duty military personnel, their spouses, and unmarried children under 21; and immigrants who have worked 40 "qualifying quarters" (at least 10 years) are exempted from the Food Stamp and SSI bars, and are not subject to the 5-year prospective bar on most federal means-tested benefits. Surprisingly, among those who are not exempted from the cuts in access to services are: immigrants who become disabled after entry, children, the very elderly, people in the process of naturalizing, and refugees after their initial five years. Are Aliens Classified As "Not Qualified" Entitled to Any Government Services? Yes, but very few. While "not qualified" aliens are ineligible for nearly all federal benefits, they are still eligible for certain very basic kinds of assistance, including: emergency Medicaid; immunizations; testing and treatment of the symptoms of communicable diseases; short-term non-cash disaster relief; school lunches and breakfasts; and other critical programs specified by the Attorney General. Based on August 1996 estimates from the Congressional Budget Office (CBO), while changes in immigrant eligibility for public benefits represent approximately 44% of the federal budget savings from the 1996 welfare law, immigrants themselves represented only about 5% of all public benefits recipients. Shouldn't Family Sponsors Be Responsible for the Immigrant's Care? They are. U.S. citizens or LPRs wishing to sponsor an immigrant relative for admission to the U.S. now must sign a legally enforceable affidavit of support which requires their income level to be high enough to ensure that the immigrant will not become a public charge. These documents make the sponsor liable for the immigrant's use of benefits until citizenship, or until the arriving immigrant works 40 "qualifying quarters" (at least 10 years) without using means-tested services. Who Provides Services to Immigrants? Despite the fact that the federal government reaps the lion's share of immigrant tax dollars (approximately two-thirds), states and localities provide the bulk of services immigrants use-most notably education, health, and public assistance. As a result, states and localities often find themselves "shortchanged"-forced to provide services without sufficient revenue. The 1996 welfare reform law, which barred or restricted legal immigrants' access to most federal public benefits, exacerbated this dilemma by withholding even more federal funds for immigrants. In the wake of those dramatic changes, states and counties with high immigrant populations may end up "holding the bag" when it comes to providing for the care of these legal residents if they should fall on hard times. Immigrant Tax Dollars The vast majority of immigrants, including undocumented immigrants, contribute to the national coffers through Social Security deductions and income taxes. According to the Urban Institute, legal and undocumented immigrants combined pay approximately $70.3 billion per year in taxes-an amount far in excess of what they take out in services. † Acknowledgement: Much of the information contained in this document is based on materials produced by the National Immigration Law Center and research conducted by the Urban Institute.