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Chapter 7 - Citizenship / Alienage INTRODUCTION 7.1 PRWORA narrowed the groups of immigrants eligible for various types of assistance. Several pieces of subsequent legislation further refined the groups of immigrants eligible and ineligible for TANF, Medicaid, and FS. Under federal law prior to 1996, most immigrants in the country lawfully were eligible for cash assistance, FS, and Medicaid on the same basis as U.S. citizens. Undocumented immigrants were eligible for emergency Medicaid services only. Under current law, some lawfully present immigrants are ineligible for these forms of aid. Immigrants ineligible for Medicaid based only on their immigration status, including both those here lawfully and unlawfully, are eligible for emergency Medicaid services.

With only three exceptions (which are unlikely to arise frequently in DC), an immigrant must have one of the immigration statuses that makes him or her a 'qualified immigrant' to be eligible for any form of assistance administered by IMA other than emergency Medicaid. Many immigrants in the country lawfully, as well as undocumented immigrants, do not meet the criteria to be 'qualified immigrants.' While non- qualified immigrants are ineligible for TANF, Medicaid (except emergency Medicaid), and FS, it is also the case that some 'qualified immigrants' are ineligible for one or more programs administered by the Department due to their immigration status. However, because an immigrant generally must be 'qualified' to be eligible for any forms of assistance, SSRs should first determine whether the individual's immigration status makes him/her 'qualified' when determining program eligibility.

The presence of a person who does not meet the citizenship/alien status factor does not prohibit other persons in the home from applying for and receiving program benefits. However, the income and assets of such disqualified persons may have to be considered in determining the eligibility for and amount of benefits of other persons in the home (see Chapter 2: Whose Assets Are Counted and Chapter 5: Whose Income is Counted in Part VI).

LEGAL AUTHORITY 7.2

AREA/TOPIC DISTRICT FEDERAL Citizenship/Alienage Eligibility TANF: D.C. Code 4- 205.15 (2) and (3); 4-205.24 GC: See TANF and D.C. Code 4-205.5a ALL: 8 USC Chapter 14 et. seq. Department of Justice Interim Guidance on Verification of Citizenship, Qualified Alien Status and Eligibility under Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 [AG Order No. 2129-97]; Guidelines for Making Determinations Using SSA's Quarters of Coverage History System, June 1998, Social Security Administration Refugee Cash and Medical Program 45 CFR 400

QUALIFIED ALIENS 7.3 ALL PRWORA created a new eligibility category for aliens, called 'qualified aliens.' The following table provides a description of qualified aliens by immigration category. Immigration Category Description Lawful Permanent Resident (LPR) Person granted LPR status (green card holders) Refugee Person admitted as a refugee Asylee Person granted asylum Granted Withholding of Removal (formerly called Person granted withholding of removal