Attorney General Publishes Final List of Programs Necessary for Protection of Life or Safety

IMMIGRANTS & PUBLIC BENEFITS

Miscellaneous Issues

ATTORNEY GENERAL PUBLISHES FINAL LIST OF PROGRAMS NECESSARY FOR PROTECTION OF LIFE OR SAFETY
Immigrants' Rights Update, Vol. 15, No. 1, Feb. 28, 2001

The U.S. attorney general has issued an order specifying the final list of community programs that are necessary to protect life or safety. Under the 1996 welfare law, the attorney general was authorized to designate certain programs that are exempt from the law's restrictions on immigrants' eligibility for them. The programs must (1) deliver in-kind services at the community level; (2) not condition the provision, amount, or cost of assistance on the applicant's income or resources; and (3) be necessary to protect life or safety. The programs designated by the attorney general are to remain available to all immigrants regardless of status, unless an independent law renders the applicant ineligible.

The attorney general's final list is identical to the provisional list published on Aug. 30, 1996 (61 Fed Reg. 45,985). It describes various types of programs without attempting to designate specifically each program or service covered by the exemption. Included in the attorney general's order are

"crisis counseling and intervention programs; services and assistance relating to child protection, adult protective services, violence and abuse prevention, victims of domestic violence or other criminal activity; or treatment of mental illness or substance abuse;

short-term shelter or housing assistance for the homeless, for victims of domestic violence, or for runaway, abused, or abandoned children;

programs, services, or assistance to help individuals during periods of heat, cold, or other adverse weather conditions;

soup kitchens, community food banks, senior nutrition programs such as meals on wheels, and other such community nutritional services for persons requiring special assistance;

medical and public health services (including treatment and prevention of diseases and injuries) and mental health, disability, or substance abuse assistance necessary to protect life or safety;

activities designed to protect the life or safety of workers, children and youths, or community residents; and

any other programs, services, or assistance necessary for the protection of life or safety."

The order reminds providers that programs not appearing on this list may nevertheless be exempt from immigration status verification requirements. In addition, under the 1996 welfare law, nonprofit charitable organizations are not required to determine, verify, or otherwise require proof of immigration status of applicants for benefits.

A.G. Order No. 2353-2001, Jan. 5, 2001 (published in the Federal Register on January 16 as "Final Specification of Community Programs Necessary for Protection of Life or Safety Under Welfare Reform Legislation," 66 Fed. Reg. 3,613-16 (Jan. 16, 2001)).