June 1, 2022
The major federal public benefits programs have long excluded some non–U.S. citizens from eligibility for assistance. Programs such as the Supplemental Nutrition Assistance Program (SNAP, formerly known as the Food Stamp Program), nonemergency Medicaid, Supplemental Security Income (SSI), and Temporary Assistance for Needy Families (TANF) and its precursor, Aid to Families with Dependent Children (AFDC), were largely unavailable to undocumented immigrants and people in the United States on temporary visas.However, the 1996 federal welfare and immigration laws introduced an unprecedented era of restrictionism. 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. Once the laws were implemented, most lawfully residing immigrants were barred from receiving assistance under the major federal benefits programs for five years or longer.Even where eligibility for immigrants was preserved by the 1996 laws or restored by subsequent legislation, 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. As a result, the participation of immigrants in public benefits programs decreased sharply after passage of the 1996 laws, causing severe hardship for many low-income immigrant families who lacked the support available to other low-income families.Efforts to address the chilling effects and confusion have continued since that time. The Trump administration's exclusionary policies compounded the problem, making it even more difficult to ensure that eligible immigrants and their family members would secure services.This article focuses on eligibility and other rules governing immigrants' access to federal public benefits programs. Many states have attempted to fill some of the gaps in noncitizen coverage resulting from the 1996 laws, either by electing federal options to cover more eligible noncitizens or by spending state funds to cover at least some of the immigrants who are ineligible for federally funded services.In determining an immigrant's eligibility for benefits, it is necessary to understand the federal rules as well as the rules of the state in which an immigrant resides. Updates on federal and state rules are available on NILC's website.