The Balanced Budget Act of 1997 (BBA) provides that Cuban/Haitian entrants are "qualified aliens" and grants them limited eligibility for SSI benefits.  The BBA mandates that the SSA use the definition of "Cuban/Haitian entrant" set forth in section 501(e) of the Refugee Education Assistance Act of 1980 in administering its SSI program.  Plaintiffs allege that the SSA has been failing to do so and seek to prohibit the agency from denying benefits to class members based on an incorrect definition of "Cuban/Haitian entrant."  They also want the SSA to issue instructions containing a definition of "Cuban/Haitian entrant" that conforms with the BBA’s mandate and to reopen the applications of Cubans and Haitians who applied for SSI on or after Aug. 22, 1996, and whose applications were denied solely due to their immigration status.

Recently, the SSA issued new instructions under its Program Operations Manual System (POMS) that pertain to Cuban/Haitian entrants.  Transmittal No. 7, SSA Pub. No. 68-0500502 (August 1999).  Among other things, the POMS amends the definition of "Cuban/Haitian entrant" and implements status verification procedures. Plaintiffs are reviewing the revised POMS to determine its effect on the litigation.

Plaintiffs are represented by Florida Legal Services, Florida Immigrant Advocacy Center, and the Florida Justice Institute.