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MEDICAL SERVICES POLICY MANUAL,SECTION D D-200 General Citizenship and Alien Status Requirements

D 226 Victims of Trafficking

5) An alien with a pending application for asylum under 8 U.S.C. 1158, or for withholding of removal under 8 U.S.C. 1231, or under the Convention Against Torture who: • Has been granted employment authorization; or • Is under the age of 14 and has had an application pending for at least 180 days; 6) An alien who has been granted withholding of removal under the Convention Against Torture; 7) A child who has a pending application for Special Immigration Juvenile status as described in 8 U.S.C. 1101(a)(27)(J); 8) Is lawfully present in the Commonwealth of the Northern Mariana Islandsunder 48 U.S.C. 1806(e); or 9) Is lawfully present in American Samoa under the immigration laws of American Samoa. EXCEPTION: An alien with deferred action under the USDHS’s deferred action for childhood arrivals process, as described in the Secretary of Homeland Security’s June 15, 2012 memorandum, shall not be considered lawfully present with respect to any of the above categories.  NOTE: Documentation that is required to verify lawfully residing status is found at Appendix C.

D-226 Victims of Trafficking MS Manual 01/01/14 Public Law 104-193 states that aliens who are certified as victims of trafficking by the Department of Health and Human Services (HHS) Office of Refugee Resettlement (ORR) are eligible aliens for Medicaid purposes. Eligibility for victims of trafficking is determined in the same manner as Medicaid for refugees. Trafficking is defined as all acts involved in the movement of human beings, usually women and children, from one country to another or within national borders for sexual exploitation or forced labor.