Alien Eligibility for Public Assistance

Publication Date: July 1998

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Population and demographics

Type:

Abstract:

The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104-193) changed almost every aspect of alien eligibility for federal, state and local government assistance programs. It established comprehensive new restrictions on the eligibility of legal aliens for designated means-tested public assistance, and also broadened restrictions on public benefits for illegal aliens and nonimmigrants (aliens temporarily here, e.g., to visit, attend school, or work). Previously, legal aliens who had settled here were eligible for public assistance on the same basis as citizens. The 1996 welfare law barred most legal aliens from Supplemental Security Income (SSI) for the Aged, Blind, and Disabled, and Food Stamps. It authorized the states to limit access to Medicaid and Temporary Assistance for Needy Families (TANF, which replaced AFDC). The 1996 changes in the rules governing noncitizen eligibility for public assistance proved controversial, particularly the termination of benefits for noncitizens already receiving them. P.L. 105-33 and P.L. 105-185 continue or restore SSI, Medicaid, and food stamps for some previous beneficiaries, and extend refugee eligibility for 2 years.