About the Guide to Immigrant Eligibility for Federal Programs

In 2002, NILC published the fourth edition of the “Guide to Immigrant Eligibility for Federal Programs.”

At the time, it was designed to help answer some of the most common questions faced by advocates and social service agency staff who come into daily contact with immigrant clients.

The original publication is now out of print, however, you can access a PDF version here: Part 1 and Parts 2 and 3, as well as errata and updates.

The Guide has not been comprehensively updated since publication and because statues, regulations, and agency policies change over time, users should always check to make sure they have the most current information available.

NILC regularly produces and updates resources intended to augment the Guide’s original content. These resources include an overview of current federal laws and policies regarding immigrant eligibility and information on state programs that assist some immigrants who are excluded from federal eligibility.

You can find these materials compiled below and in our Resource Library.

• Guide: Overview of Immigrant Eligibility for Federal Programs
  This resource  focuses on eligibility and other rules governing immigrants’ access to federal public benefits programs.
• Table: Overview of Immigrant Eligibility for Federal Programs
  This table provides an overview of immigrant eligibility for the major federal public assistance programs, including Social Security, SNAP, TANF, Medicaid, and more.
• Child Care
  Child care assistance for low-income families and families receiving Temporary Assistance for Needy Families (TANF).
• Rental Housing Programs
  Discover rental housing programs, including public housing, Section 8, rural housing, and low-income tax credit housing for immigrants.
• Low-Income Home Energy (LIHEAP) and Weatherization Assistance Programs (WAP)
  Learn about Low-Income Home Energy Assistance (LIHEAP) and Weatherization Assistance Programs (WAP) for immigrants.
• Disaster Assistance: Food, Shelter, Cash Payments, Loans, and Other Help for Survivors of Major Disasters
  A guide for federal programs for food, shelter, cash payments, loans, and other help for survivors of major disasters.
• Legal Services Corporation–Funded Legal Services
  Free legal advice and representation in public benefits, family law, evictions, and other civil matter. LSC Laws & Regulations: Part 1626 – Restrictions on Legal Assistance to Aliens

• Medical Assistance Programs for Immigrants in Various States
  This table outlines state policies for extending health coverage to more immigrant groups, including lawfully residing children and pregnant persons, regardless of their U.S. entry date, and providing prenatal care using CHIP funds, regardless of immigration status.
• State-Funded Food Assistance Programs
  This table lists the state-funded programs that provide nutrition assistance to immigrants who are not eligible for coverage under the federally funded Supplemental Nutrition Assistance Program (SNAP), formerly known as the Food Stamp Program. Unless otherwise noted, state-funded assistance is provided at the federal SNAP benefit level.
• State Supplemental Insurance 
  This table lists the state-funded programs that provide cash assistance to immigrants who are not eligible for coverage under the federal Supplemental Security Income (SSI) program. In many other states, General Assistance and similar programs may fill in some of the gaps for immigrants who are ineligible for federally funded Supplemental Security Income (SSI). The benefit levels, however, are generally much lower than those provided by SSI, and other restrictions and time limits may apply.
• State-Funded TANF Replacement Programs
  This table lists state-funded programs that provide cash assistance to immigrants who are not eligible for coverage under the federally funded Temporary Assistance for Needy Families (TANF) program.

• • Documents Typically Used by Lawfully Present Immigrants
    This table lists the categories of non–U.S. citizens who are recognized as “lawfully present” in the United States for various purposes, as well as the immigration documents such people typically have.

 

In the United States, major federal public benefits programs have long excluded some non–U.S. citizens from eligibility for assistance. Then, under the Clinton administration, Congress passed two landmark laws that introduced an unprecedented era of restrictionism. Together, the 1996 federal welfare and immigration laws gutted the federal safety net for vulnerable families with children and targeted immigrant eligibility for a variety of social programs. Prior to the enactment of these laws, lawful permanent residents of the U.S. generally were eligible for assistance in a manner similar to U.S. citizens. After implementation, the laws banned most lawfully residing immigrants from receiving assistance under the major federal benefits programs for five years or longer.

Since 1996, partial federal restorations and state replacement programs have reinstated some critical services, but keeping current with the latest rules remains daunting to experts and laypeople alike. Many immigrant families hesitate to enroll in critical health care, job-training, nutrition, and cash assistance programs due to fear and confusion caused by the laws’ complexity and other intimidating factors.