HHS QUESTIONS AND ANSWERS ON TANF ADDRESS IMMIGRANT ISSUES
Immigrants' Rights Update, Vol. 15, No. 1, Feb. 28, 2001

The U.S. Dept. of Health and Human Services (HHS) has posted on its web site a series of questions and answers regarding the Temporary Assistance for Needy Families (TANF) program, including a section on immigrants. In its answers, HHS describes which persons are subject to the federal five-year bar on TANF services. Consistent with earlier guidance issued by the attorney general and the Social Security Administration, HHS confirms that immigrants who physically entered the U.S. prior to Aug. 22, 1996, and who remained in the U.S. continuously since that date are not subject to the five-year bar. This includes immigrants who entered the U.S. without documents.

In its web postings, HHS also clarifies that TANF services that do not meet the definition of "federal public benefit," such as shelters for battered women and homeless persons (services that fall within the attorney general's "life or safety" exemption), shall be made available to all persons regardless of immigration status. HHS explains that applicants for benefits under the TANF program must provide a Social Security number (SSN). However, SSNs are not required for services provided under a separate state program or for TANF services that are exempt from or that fall outside of the definition of "federal public benefit."

The TANF questions and answers can be found on HHS's web site at www.acf.dhhs.gov/programs/ofa/polquest/index.htm.