SSA Nonqualified Noncitizen Study Findings

IMMIGRANTS & PUBLIC BENEFITS

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SOCIAL SECURITY ADMINISTRATION NONQUALIFIED NONCITIZEN STUDY FINDINGS
Source: Social Security Administration

Background

This study consisted of a random sample of 425 cases from a population of 16,438 Supplemental Security Income (SSI) recipients who appeared on the records of the Social Security Administration (SSA) as "nonqualified" noncitizens in July 1998. The term "nonqualified" is used to describe these individuals because they have immigration statuses that are not among the "qualified" status’s specified in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended (PRWORA). The nonqualified statuses were, prior to PRWORA, referred to as "persons residing under color of law" (PRUCOL). The General Accounting Office defines PRUCOL as "an umbrella term used for aliens who are legally residing in the United States but who do not fit into other alien categories."⁽¹⁾ (emphasis added) Illegal, undocumented noncitizens were never eligible for SSI.

SSI recipients in virtually all cases have income below the poverty levels and must always be blind, disabled or over 65 years old. The individuals in the survey population were receiving SSI benefits on the date of enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (August 22, 1996). Unlike other noncitizens receiving SSI on that date, nonqualified noncitizens are not covered by the provisions of the "grandfather" rule enacted in the Balanced Budget Act of 1997. Under present laws, nonqualified noncitizen SSI recipients would lose their SSI and Medicaid benefits on September 30, 1998.

After several years of working with this vulnerable population, SSA concluded that a study should be conducted to better determine the status of these individuals. Many of these individuals have limited or no English proficiency, as well as disabilities and/or advanced age. During SSA's work with this population it appeared that these individuals in particular may have had difficulty understanding and responding to SSA's notices and outreach efforts.

The study was conducted during a 2 week period in July 1998. SSA field offices were requested to contact and determine the status of the individuals in the sample.⁽²⁾ In addition, the field offices collected observations about the individuals, such as their proficiency in English, their general level of comprehension, their mobility, and information that was volunteered.

Study Results

The study was designed to determine the percentage of cases in the population who could be verified as actually being U.S. citizens or qualified noncitizens and the percentage of cases where eligibility could not be established. The precision of the study results is better than +1 - 5 percent.

Over 76 percent of the sample are U.S. citizens or qualified noncitizens, or alleged they were but were unable to prove the allegation within the two week period of the study. Nearly 69 percent were actually determined to be citizens or qualified. An additional 7.5 percent alleged that they were. A table summarizing the results of the study is attached.

Conclusions about the Total Population

Applying the results of the study to the total population of the 16,438 indicates that a total of approximately 12,550 out of the 16,438 individuals either are, or may be able to prove they are, U.S. citizens or qualified noncitizens. Approximately 3,900 individuals are nonqualified noncitizens. However, a substantial number of those who are nonqualified noncitizens may be able to adjust their immigration status to become qualified.

Nevertheless, information collected during the study indicates that, even though many of the nonqualified individuals may have the legal right to adjust their status, there are substantial practical obstacles to their doing so. These individuals are all low-income aged, blind, and disabled. Many are too disabled (e.g., bedridden with multiple sclerosis), aged (e.g., over 90 years old), or lacking in English language proficiency to engage in the necessary processes with INS.

Further, those individuals who naturalized or entered the U.S. in the past may not be able to prove their status and thus will lose their benefits. For example, some individuals allege that they were naturalized or entered the U.S. legally in the 1940's or earlier. T he documents necessary to prove their status are not available.

Nonqualified Noncitizens Continuously in the U.S. Since 1972

Approximately 1,250 of the 3,900 individuals who are not U.S. citizens or qualified noncitizens have been in the U.S. continuously since prior to January 1, 1972. Although these individuals are not qualified noncitizens, they may be able to apply to the Immigration and Naturalization Service (INS) to adjust their status to a qualified status. If they did so they would be, after the adjustment, eligible for SSI benefits. However, only about a quarter of these 1,250 individuals had an application for adjustment of status or other favorable action (e.g., request for documents) pending with the INS.

Nonqualified Noncitizens Not Continuously in the U.S. Since 1972

The other categories of nonqualified noncitizens also may, under immigration law, be able to adjust their status. Of those nonqualified noncitizens who have not been in the U.S. continuously since 1972 (an estimated 2,650 individuals), about one fourth (approximately 700) have applications or other favorable actions pending with the INS.

Conclusions

The number of nonqualified noncitizens receiving SSI is approximately 3,900. Some of these individuals may ultimately be able to reestablish their eligibility if they are able to adjust their status with the INS, but they will be ineligible for benefits until they do so. The ultimate number of nonqualified individuals could be as low as 1,650 to 1,950.
Some individuals who allege U.S. citizenship or qualified status will be unable to provide the necessary documentation and will lose their SSI and Medicaid.
Some individuals who legally eligible to adjust their status will not be able to do so because of disability or advanced age.
Some individuals who ultimately are able to adjust their status will, nevertheless, lose their SSI and Medicaid benefits for an undetermined period of time while the INS completes the processing of their cases.
All of these individuals are low-income blind, aged or disabled individuals.

End Notes

1. Medicaid: Demographics of Nonenrolled Children Suggest State Outreach Strategies: GAO/HEHS-98-93 (March 1998), page 6.

2. For a small number of the 425 cases, a determination was made using a computer match with other SSA databases. There were a total of 65 cases where contact or a determination could not be made. Because there is no information concerning the status of these 65 individuals, they are not included in the calculations describing the characteristics of the population. Contact was attempted (but not made within the two week period of the study) in 37 of these cases. Contact was not attempted or a determination was not made in an additional 28 of these cases where the individuals were not presently receiving benefits and the individuals were in situations where collected contact or a determination was difficult, e.g., the individuals were outside the U.S. These individuals were selected for the sample, even though they were not receiving benefits, because they were technically "suspended" rather than "terminated."