Additional action will be taken by the Social Security Administration (SSA) to assist individuals currently identified in its SSI records as "nonqualified" noncitizens prior to suspension of SSI benefits.  Many of the "nonqualifieds" are elderly and have been in the United States for many years.   These individuals had to provide documentation of their status with the Immigration and Naturalization Services before they became eligible.  "Nonqualified" SSI recipients were formerly referred to as "PRUCOL" (persons residing under color of law).  The General Accounting Office defines PRUCOL as "an umbrella term used for aliens who are legally in the United States but who do not fit into other alien categories." (emphasis added).  Illegal, undocumented individuals were never eligible for SSI.

Under provisions of the 1996 welfare reform law, as amended by the Balanced Budget Act of 1977, only certain categories of noncitizens are eligible for SSI.  One of these categories includes noncitizens who were receiving SSI benefits on the date of enactment of welfare reform, August 22, 1996.  In order to remain eligible beyond September 30, 1998, these noncitizens must also meet the definition of a "qualified" alien under the law (i.e., lawful permanent residents, refugees, or in a refugee-like status under immigration law).

Since 1996, SSA has implemented many initiatives designed to inform SSI beneficiaries potentially affected by welfare reform of the changes that were enacted, the effect on their eligibility and the need to provide information to SSA about their status. Some of these initiatives included sending notices to each beneficiary (with an enclosed multi-lingual fact sheet) and carrying out diverse, wide spread information campaigns to information advocates and the general public about the requirements of welfare reform.   In addition, SSA carried out internal data matches, with INS, to update our SSI records to reflect the latest possible citizenship data.  Further, SSA provided lists of the potentially affected noncitizens to interested State and local governments so that they could conduct outreach.  The "nonqualified" noncitizens numbered around 26,000 at the onset of these efforts.  As of August 1998, this number had been reduced to approximately 13,500.

Despite these initiatives, which provided information on noncitizen SSI eligibility categories and advised noncitizens to report to SSA if their status had changed many individuals did not notify SSA of their change in status #151; generally due to incapacity or a language barrier in understanding the notices.  During the course of implementing the law, it became apparent that many of these individuals may have either become U.S. citizens or adjusted their immigration status since they first applied for SSI.

As a result of this concern, SSA conducted statistically valid sample survey during the last weeks of July in order to determine the extent that SSI records of the "nonqualified" noncitizens accurately reflected their current citizenship or immigration status. This nationwide survey of 425 individuals shown as "nonqualified" on SSI records, revealed that a large percentage of them actually may be eligible for SSI benefits beyond September 30.  The survey was conducted by local SSA field offices which were able to contact or make determinations concerning the current citizenship/immigration status of 84.7 percent of the sample.

Based on the results of the survey, SSA estimates only approximately 3,900 individuals are actually nonqualified noncitizens. Some of these individuals may be able to adjust their status.

Based on these results and other information concerning the ability of these individuals to fully understand and pursue their interests without some assistance.   SSA has determined to implement aggressive procedures to further protect the rights of these individuals under the law.  These procedures are consistent with the process currently in place for generally redetermining the SSI eligibility of SSA’s beneficiary population.

The following actions will be taken:

• there will be no automatic suspension on 10/1/98, as originally planned;
• SSA field offices will initiate redetermination of the individuals identified as "nonqualified" noncitizens;
• payments will continue to individuals while redetermination development is underway; and,
• only when evidence establishes ineligibility as a nonqualified noncitizen or an individual fails to cooperate or cannot be located will eligibility be suspended effective 10/1/98, and benefits received after September 30 will be considered overpayments. Individuals whose benefits are suspended will be afforded appeal rights.