Page 213

UPDATED: JANUARY 2009

650

OTHER ELIGIBILITY REQUIREMENTS CITIZENSHIP AND IMMIGRATION STATUS

PRUCOL

If the federal immigration agency denies the application or otherwise indicates that it is not permitting the alien to remain in the U.S., the alien is not PRUCOL. The alien would be eligible only for Medicaid coverage for the treatment of an emergency medical condition, if otherwise eligible.

II. Other letters or requests for relief from removal There are various forms of relief from removal or deportation for which no formal application form or process exists. Two examples are deferred action and voluntary departure.

An alien whom the federal immigration agency would regard as illegal, and thus subject to removal, may still, under certain circumstances, be PRUCOL for purposes of eligibility for State Medicaid benefits and Family Health Plus (FHPlus).

DEFERRED ACTION/VOLUNTARY DEPARTURE

Deferred action is a form of relief that the Department of Homeland Security, in its’ discretion, may afford to an otherwise removable alien whom DHS has decided not to prosecute for removal before the immigration courts, whether for humanitarian or administrative reasons. According to DHS estimates, the vast majority of cases in which deferred action is granted involve medical grounds. The former INS had operating instructions for making deferred action determinations under which the INS would consider the age or physical condition affecting an alien’s ability to travel as well as the presence of sympathetic factors. Although the INS withdrew these operating instructions in 1997, deferred action continues to be available, according to DHS.

Voluntary departure permits an otherwise removable alien to depart the U.S. at his or her own expense, thus avoiding the stigma of being subjected to a removal proceeding. It is available both during and prior to removal proceedings. An alien may request voluntary departure to return to his or her home country or another country, if he or she can secure entry there.

Because no formal application process exists for these types of relief, the federal immigration agency might not timely respond to, or even acknowledge receipt of, the alien’s letter requesting relief. Several months may pass before the agency responds to the informal request, if it responds at all. It is also (MRG)