Eligibility for Benefits for Parolees from Afghanistan or Ukraine, PCA-21642-122 (Published February 15, 2024)
Revised Guidance on Potential Eligibility for Temporary Assistance for Needy Families (TANF), Supplemental Nutrition Assistance Program (SNAP), and Medical Assistance (MA) for individuals who have Parolee Status, PCA-20843-122 (Revised October 19, 2023, Published May 18, 2022)
Guidance on Potential Eligibility for Cuban/Haitian Entrants for Temporary Assistance for Needy Families, Medical Assistance, and Supplemental Nutrition Assistance Program Individuals who Provide an I-220A Order of Release on Recognizance with a Notice to Appear, PCA-21118-122 (Published November 8, 2022)
Ukrainian Special Consideration, PCA-20935-122 (Published June 21, 2022)
Afghan Special Immigrants, PCA-20693-122 (Published November 8, 2021 Revised November 15, 2021)
How to Identify the New Population of Afghan Special Immigrants, Individuals and Families of Individuals who Assisted the U.S. Overseas , PCA-20622-122 (Published August 13, 2021)
Systematic Alien Verification for Entitlements (SAVE) Initial Verification Requests and Sponsorship Compliance, PCA-20165-122 (Published September 25, 2020)
Qualified non-citizens and the five-year bar, PCT-18946-122 (Published May 29, 2018)
Non-Citizen Immigration Status, PCA-18950-122 (Published May 29, 2018)
United States citizens, qualified noncitizens and noncitizens who are Permanent Residents Under Color of Law (PRUCOL) are eligible for Cash Assistance if they meet all other eligibility conditions.
The CAO must review each applicant’s citizenship or alien status. See the noncitizen status chart in Appendix A. For information about refugees, see Supplemental Handbook, Chapter 730.
A person who is not a citizen, qualified noncitizen, or PRUCOL is not eligible for TANF. These ineligible noncitizens may be present lawfully but temporarily, or unlawfully. Ineligible noncitizens do not have to show or declare an immigration status when applying for other eligible household members. They need only declare that they do not have immigration status entitling them to public benefits.
An individual is still a mandatory budget group member even if he or she is TANF ineligible for not being a U.S. citizen, a resident alien or an eligible refugee. The income and resources of an illegal noncitizen member who is a legally responsible relative or stepparent are deemed to the budget group. See Chapter 155.
One adult budget group member (age 18 or over) must sign the declaration of the application for benefits (PA 600 or COMPASS application). This certifies that each applicant household member is a citizen or a noncitizen with lawful immigration status. If there are no adult members, the applicant must sign the statement for all members.
Effective as of December 18, 2006, CAOs must ask TANF applicants for proof of citizenship and identity for themselves and other persons for whom they are applying. At renewal, TANF recipients must provide proof of citizenship and identity for themselves and other budget group members if they have not already provided proof.
An adult member who refuses to sign the declaration is ineligible for benefits unless another adult member of the budget group signs for all members. If a signature cannot be obtained, each adult who refuses to sign the declaration is ineligible for benefits. The ineligible person’s income and resources will be considered available to any remaining members when determining their eligibility. The CAO must keep the signed declaration in the case record permanently. The declaration needs to be signed only once as long as the original signer remains part of the budget group.
NOTE: TANF applicants or recipients may not be denied Cash Assistance or have Cash Assistance benefits delayed or closed if the person or family cooperates with the CAO in getting acceptable documentation of citizenship and identity but fails to provide documentation of citizenship and identity that meets Medical Assistance requirements. The CAO must use the Citizen and Identity Form (PA 1809) to verify citizenship and identity for TANF cash and Medical Assistance applicants and recipients.
Under Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996, only U.S. citizens, U.S. noncitizen nationals, and "qualified aliens" may be eligible for TANF.
Under PRWORA, a qualified alien is one of the following:
An alien lawfully admitted for permanent residence under the Immigration and Nationality Act (INA)
A refugee admitted to the U.S. under section 207 of the INA
An alien paroled into the U.S. under section 212(d)(5) of the INA for at least one year
An alien whose deportation is being withheld under section 243(h) of the INA as in effect before April 1, 1997, or whose removal is being withheld under section 241(b)(3) of the INA
An alien granted conditional entry pursuant to section 203(a)(7) of the INA as in effect before April 1, 1980
An alien who is a Cuban or Haitian entrant as defined in section 501(e) of the Refugee Education Assistance Act of 1980
An alien who (or whose child or parent) has been battered or subjected to extreme cruelty in the U.S. and who otherwise meets the requirements of section 431 of the Act, as amended by section 501 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 and sections 5571–72 and 5581 of the Balanced Budget Act of 1997
PRWORA further restricts qualified aliens who entered the U.S. on or after August 22, 1996, from eligibility for TANF for five years beginning on the date they entered the U.S. with qualified alien status. Most noncitizens who are subject to the five-year bar for TANF are also subject to sponsor deeming requirements.
The CAO must use program status code (PSC) 04 with C and U categories if a noncitizen in the budget group is ineligible for federally funded benefits because of the five year bar. The budget group must meet all TANF eligibility criteria, including work and child support requirements. The budget group is eligible for special needs allowances and supportive services, including child care. Special requirements related to victims of domestic violence also apply.
The following qualified aliens are not subject to the five-year bar:
Refugees, asylees, and aliens whose deportation or removal has been withheld.
Qualified aliens lawfully living in any state who are honorably discharged veterans and who fulfill minimum active-duty service requirements, or who are on nontraining active duty in the U.S. Armed Forces, or who are the spouse, unmarried dependent child, or unmarried surviving spouse of such a veteran or active service member.
Cuban or Haitian entrants, as defined in section 501(e) of the Refugee Education Assistance Act of 1980.
Amerasian immigrants admitted to the U.S. pursuant to section 584 of the Foreign Operation, Export Financing, and Related Programs Appropriation Act of 1988.
Iraqi and Afghani immigrants granted special immigrant status for a limited time under Section 525 of Title V of Division G of the Consolidated Appropriations Act of 2008 (Public Law 110-161) and Section 1244 (g) of the National Defense Authorization Act for Fiscal Year 2008 (NDAA 2008) (Public Law 110-181). On December 19, 2009, Iraqi and Afghan immigrants granted special immigration status became eligible to receive benefits and services to the same extent as refugees. This change was enacted according to Section 8120 of Public Law Number 111-118, in the Department of Defense Appropriations Act of 2010. See Appendix D.
When determining C/U 04 budget groups, the CAO must code the TANF budget group PSC 04 if any noncitizen member:
Is a qualified alien;
Meets all eligibility criteria for TANF;
Has a date of entry in the U.S. after August 22, 1996;
Does not meet one of the exempt noncitizen criteria; and
Has not lived in the U.S. continuously for five years, beginning from the date of entry.
The CAO must determine a noncitizen’s date of entry into the U.S as follows:
If a noncitizen is a qualified alien and is not exempt, determine whether the noncitizen entered the U.S. before August 22, 1996. Review the immigration documents to determine whether qualified alien status was gained before August 22, 1996.
If an applicant entered the U.S. and gained “qualified alien” status before August 22, 1996, he or she is eligible for TANF (if otherwise eligible) and not subject to the five-year bar.
If the noncitizen entered the U.S. before August 22, 1996, but gained qualified alien status after that date, verify that the noncitizen was continuously present in the U.S. from the latest date of entry before August 22, 1996, until the date he or she gained qualified alien status. A noncitizen who can demonstrate continuous presence (and is otherwise eligible) is eligible for TANF. Do not use PSC 04.
NOTE: If all noncitizen members of the TANF budget have lived in the U.S. for more than 5 years, the CAO must not use PSC 04.
Issued May 29, 2018, replacing February 21, 2014