Access to State-Fundeda Public Benefits in Puerto Rico for Survivors,

National Immigrant Women’s Advocacy Project (NIWAP, pronounced new-app)

American University, Washington College of Law

4300 Nebraska Avenue NW · Washington, D.C. 20016

(o) 202.274.4457 · [email protected] · http://niwaplibrary.wcl.american.edu/

Access to State-Funded

Public Benefits in Puerto Rico for Survivors,

Based on Immigration Status

By: Daniel Enos, Abigail Whitmore, Axelle Pesme, and Leslye E. Orloff

November 21, 2018 (Updated September 4, 2022)

VAWA Self-Petitioner

and Battered Spouse

Waiver

Refugee,

Asylee, T

Visa

T Visa

/ Continued

Presence

Deferred

Action for

Childhood

Arrivals

(DACA)

Special Immigrant

Juvenile Status

(SIJS)

U Visa, bona fide,

or wait list

approval.

U Visa

Applicants

Undocumented

Qualified Immigrant

HHS Certification

Lawfully Present

Limited Benefits Eligibility

TANF

(Cash

Assistance)

Eligible with prima

facie determination,

subject to five-year bar

for those who arrived

on or after August 22,

1996

(may be subject

to deeming).

Refugee/Asylee

Eligible for TANF

regardless of date of

entry with eligibility

limited to seven years.

T visa holders: Eligible

under the Victims of

Human trafficking

victims eligible: with

HHS Certification

(based on continued

presence or a bona

fide determination on

a T visa application)

or with HHS

eligibility

Not eligible.

Eligible after

receiving lawful

permanent

residency, subject to

five-year bar for

those who arrived

on or after August

22, 1996.

Eligible after

receiving lawful

permanent

residency, subject to

five-year bar for

those who arrived

on or after August

22, 1996

(may be

No federal

eligibility.

Not eligible.

Federally funded public benefits are in non-italicized typeface and state-funded public benefits are italicized.

The chart shows eligibility based on immigration status. Applicants must also meet all other program eligibility requirements, such as income/resource limits. Children and other family members

included in an individual’s immigration application receive the same access to public benefits as the applicant. When children qualify for federal or state public benefits, immigrant parents can file

child-only benefits applications on their children’s behalf. Congress exempted from the public charge ground of inadmissibility immigrant victims applying for immigration relief and lawful

permanent residency through the following immigration benefits programs: VAWA self-petitioning (as defined in footnote “d”), VAWA cancellation of removal, VAWA suspension of deportation, U

visas, and T visas. For technical assistance on benefits access for immigrant survivors please contact the National Immigrant Women’s Advocacy Project, American University, Washington College

of Law (202) 274-4457 or [email protected]. NIWAP would like to thank Michelle Aronowitz and Dean’s Fellows Alexandra Brown and Sandeep Purewal for their work in developing these state

public benefits charts.

Institute. The points of view expressed are those of the authors and do not necessarily represent the official position or policies of the State Justice Institute.

See 8 U.S.C. § 1641(a)-(c) (Qualified immigrants are: lawful permanent residents (LPRs); refugees; asylees; persons granted withholding of deportation/removal, conditional entry (as in effect

prior to Apr. 1, 1980), humanitarian parolees; Cuban/Haitian entrants; and certain battered immigrants. A battered immigrant is someone who: (1)(a) has been battered or subjected to extreme cruelty

in the U.S. by a U.S. citizen or LPR spouse, parent or step-parent or member of the spouse/parent/step-parent’s family residing in the same household as the immigrant and the spouse/parent/step-

parent consented to or acquiesced in such battery or cruelty, and there is a substantial connection between the battery or cruelty and the need for the public benefits, and (b) has been approved or has a

petition or self-petition pending which sets forth a prima facie case for certain immigrant visa classifications, suspension of deportation, or cancellation of removal; or (2) is a victim of trafficking or a

family member of a trafficking victim who has been granted T visa status or whose T visa application sets forth a prima facie case.). For discussion of prima facie determinations by immigration

judges in suspension of deportation and cancellation of removal cases for battered immigrants, see OFFICE OF THE CHIEF IMMIGRATION JUDGE, U.S. DEP’T OF JUSTICE, OPERATING POLICY AND

PROCEDURE MEMORANDUM 97-9; MOTIONS FOR “PRIMA FACIE” DETERMINATION AND VERIFICATION REQUESTS FOR BATTERED SPOUSES AND CHILDREN,

http://niwaplibrary.wcl.american.edu/pubs/prima-facie-verification-requests/ (last visited Mar. 2, 2018).

American University, Washington College of Law 2

VAWA Self-Petitioner

and Battered Spouse

Waiver

Refugee,

Asylee, T

Visa

T Visa

/ Continued

Presence

Deferred

Action for

Childhood

Arrivals

(DACA)

Special Immigrant

Juvenile Status

(SIJS)

U Visa, bona fide,

or wait list

approval.

U Visa

Applicants

Undocumented

TANF

Trafficking and Violence

Protection Act (TVPA)

of 2000 to the same

extent as refugees, with

TVPA based eligibility

limited to 7 years.

determination (under

18).

These human

trafficking victims

are considered

refugees and thus are

eligible regardless of

date of entry.

Family members with

T visa status are

considered refugees

and are thus eligible

without HHS

certification

regardless of date of

entry.

subject to

deeming).

Child Care

Children with prima

facie determination are

qualified immigrants

eligible for Child Care

Development Fund

(CCDF)-funded child

care.

TANF-funded childcare

subject to five-year bar

for immigrants who

entered on or after

August 22, 1996.

Children who are asylees

or refugees are eligible

for

CCDF-funded child care

and

TANF-funded child care

(TANF 7-year limit).

Children who are T visa

holders or applicants

with prima facie (bona

fide) determination are

eligible for CCDF-

funded child care.

T visa holders are

eligible for TANF-

funded child care under

the Victims of

Trafficking and Violence

Protection Act of 2000 to

the same extent as

refugees.

Human trafficking

victims with an HHS

Certification (based

on continued

presence or a bona

fide determination on

a T visa application)

or an HHS eligibility

determination (under

18) are eligible for

CCDF-funded child

care and TANF-

funded child care.

Family members with

T visa status eligible

for CCDF-funded

child care and

TANF-funded child

care, no need for

HHS Certification or

eligibility

determination.

Eligible for

CCDF-funded

child care open

to all

immigrants,

when:

(1) Child care

is provided in

settings subject

to public

educational

standards,

including

public or

private pre-

kindergarten or

public and

private child

care provided

after school or

during school

holidays;

Eligible for CCDF-

funded child care

open to all

immigrants, when:

(1) Child care is

provided in settings

subject to public

educational

standards, including

public or private

pre-kindergarten or

public and private

child care provided

after school or

during school

holidays;

(2) Childcare is

subject to Head

Start performance

standards; or

(3) Eligibility for

child care services

Eligible for CCDF-

funded child care

open to all

immigrants, when:

(1) Child care is

provided in settings

subject to public

educational

standards, including

public or private

pre-kindergarten or

public and private

child care provided

after school or

during school

holidays;

(2) Childcare is

subject to Head

Start performance

standards; or

(3) Eligibility for

child care services

is determined by a

Eligible for

CCDF-funded

child care open to

all immigrants,

when:

(1) Child care is

provided in

settings subject to

public

educational

standards,

including public

or private pre-

kindergarten or

public and private

child care

provided after

school or during

school holidays;

(2) Child care is

subject to Head

Start performance

standards; or

Eligible for

CCDF-funded

child care open

to all

immigrants,

when:

(1) Child care is

provided in

settings subject

to public

educational

standards,

including public

or private pre-

kindergarten or

public and

private child

care provided

after school or

during school

holidays;

(2) Child care is

subject to Head

American University, Washington College of Law 3

VAWA Self-Petitioner

and Battered Spouse

Waiver

Refugee,

Asylee, T

Visa

T Visa

/ Continued

Presence

Deferred

Action for

Childhood

Arrivals

(DACA)

Special Immigrant

Juvenile Status

(SIJS)

U Visa, bona fide,

or wait list

approval.

U Visa

Applicants

Undocumented

Child Care

(2) Child care

is subject to

Head Start

performance

standards; or

(3) Eligibility

for child care

services is

determined by

a nonprofit

charitable

organization.

is determined by a

nonprofit charitable

organization.

Upon receiving

lawful permanent

residency, eligible

as qualified

immigrants for

CCDF-funded child

care.

nonprofit charitable

organization.

Upon receiving

lawful permanent

residency, eligible

as qualified

immigrants for

CCDF-funded child

care.

(3) Eligibility for

child care

services is

determined by a

nonprofit

charitable

organization.

Start

performance

standards; or

(3) Eligibility

for child care

services is

determined by a

nonprofit

charitable

organization.

Nutrition

Assistance for

Puerto Rico

(PAN) (Food

Stamps)

May be eligible with

conditions upon

prima facie

determination.

Eligible.

Eligible upon receipt

of HHS certification

or eligibility letter.

Not eligible.

May be eligible

with conditions

upon lawful

permanent

residency.

May be eligible

with conditions

upon lawful

permanent

residency.

Not eligible.

The Special

Supplemental

Nutrition

Program for

Women,

Infants, and

Children (WIC)

The Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) provides Federal grants to States for supplemental foods, health care referrals, and nutrition

education for low-income pregnant, breastfeeding, and non-breastfeeding postpartum women, and to infants and children up to age five who are found to be at nutritional risk, without

regard to immigration status.

Applicants must live in the state in which they apply, but are not required to live there for a certain amount of time in order to meet the WIC residency

requirement.

Applicants must also have an income at or below an income level or standard set by the State agency or be determined automatically income-eligible based on

participation in certain programs (TANF, SNAP benefits, Medicaid).

In Puerto Rico, applicants should apply to the WIC office location closest to their residence on the island.

In Puerto Rico, WIC applicants must meet the income eligibility

requirement for a parent or guardian, who is the sole provider of children under age five, is to be at or below 185 percent of the federal poverty level.

Purchase

Health

Insurance on

Exchanges

Eligible with prima

facie determination.

Refugee: Eligible.

Asylee: Eligible;

applicants eligible if

granted work

authorization;

applicants under 14

eligible if application

pending at least 180

days.

Human trafficking

victims eligible: with

an HHS Certification

(based on continued

presence or a bona

fide determination on

a T visa application),

or with an HHS

eligibility

determination (under

18).

Not eligible.

Eligible upon filing

SIJS application.

Eligible upon U

visa, bona fide

determination,

wait list approval.

Not eligible.

American University, Washington College of Law 4

VAWA Self-Petitioner

and Battered Spouse

Waiver

Refugee,

Asylee, T

Visa

T Visa

/ Continued

Presence

Deferred

Action for

Childhood

Arrivals

(DACA)

Special Immigrant

Juvenile Status

(SIJS)

U Visa, bona fide,

or wait list

approval.

U Visa

Applicants

Undocumented

Health

Insurance

Exchanges

T visa: Eligible with

prima facie (bona fide)

determination on T visa

application.

These human

trafficking victims

are considered

refugees and thus are

eligible regardless of

date of entry.

Family members with

T visa status eligible

without HHS

certification or

eligibility

determination.

Child Health

Insurance

Program

(CHIP)

Eligible with prima

facie determination,

subject to five-year bar

for those who arrived

on or after August 22,

1996.

Eligible for emergency

Medicaid regardless of

immigration status.

For those who arrived

after August 22, 1996,

eligible 5 years after

receiving lawful

permanent residency.

Waiting period does not

apply to those with

Cuban and/or Haitian

nationality.

Refugee/Asylee:

Eligible, exempt from

five-year bar with

eligibility limited to

seven years.

T visa holders: Eligible

under the Victims of

Trafficking and Violence

Protection Act of 2000 to

the same extent as

refugees. Refugee

benefits last for 7 years.

T visa holders and

applicants with prima

facie (bona fide)

determination on T visa

application are also

eligible as qualified

immigrants for Medicaid

subject to five-year bar

for those who arrived on

or after August 22,

1996.

This eligibility

Human trafficking

victims are eligible

with an HHS

certification (based

on continued

presence or a bona

fide determination on

a T visa application)

or eligibility

determination (under

18).

These human

trafficking victims

are considered

refugees and are

exempt from five-

year bar.

Family members with

T visa status eligible

without HHS

Certification or

eligibility

determination,

Eligible for

emergency

Medicaid

regardless of

immigration

status.

Eligible upon

receiving lawful

permanent

residency, subject to

five-year bar for

those who arrived

on or after August

22, 1996.

Eligible for

emergency

Medicaid regardless

of immigration

status.

For those who

arrived after August

22, 1996, eligible 5

years after receiving

lawful permanent

residency.

Waiting period does

not apply to those

Eligible upon

receiving lawful

permanent

residency, subject to

five-year bar for

those who arrived

on or after August

22, 1996.

Eligible for

emergency

Medicaid regardless

of immigration

status.

For those who

arrived after August

22, 1996, eligible 5

years after receiving

lawful permanent

residency.

Waiting period does

not apply to those

with Cuban and/or

Eligible for

emergency

Medicaid

regardless of

immigration

status.

Eligible for

emergency

Medicaid

regardless of

immigration

status.

American University, Washington College of Law 5

VAWA Self-Petitioner

and Battered Spouse

Waiver

Refugee,

Asylee, T

Visa

T Visa

/ Continued

Presence

Deferred

Action for

Childhood

Arrivals

(DACA)

Special Immigrant

Juvenile Status

(SIJS)

U Visa, bona fide,

or wait list

approval.

U Visa

Applicants

Undocumented

CHIP

allows them to receive

CHIP beyond the 7-year

limitation that applies to

refugees.

exempt from five-

year bar.

with Cuban and/or

Haitian

nationality.

Haitian

nationality.

Full-Scope

Medicaid

Eligible with prima

facie determination,

subject to five-year bar

for those who arrived

on or after August 22,

1996.

Eligible for emergency

Medicaid regardless of

immigration status.

For those who received

lawful permanent

residency before August

22, 1996 eligible

immediately for the

Government Health

Plan, Vital.

For those who arrived

after August 22, 1996,

eligible 5 years after

receiving lawful

permanent residency.

Waiting period does not

apply to those with

Cuban and/or Haitian

nationality.

Refugee/Asylee

Eligible, exempt from

five-year bar with

eligibility limited to

seven years.

T visa holders are

eligible under the

Victims of

Trafficking and Violence

Protection Act of 2000 to

the same extent as

refugees. Refugee

benefits last for 7 years.

T visa holders and

applicants with prima

facie (bona fide)

determination on T visa

application, are eligible

as qualified immigrants

for Medicaid subject to

five-year bar for those

who arrived on or after

August 22, 1996.

This

eligibility allows them to

receive Medicaid beyond

the 7-year limitation that

applies to refugees.

Eligible for emergency

Medicaid regardless of

immigration status.

Human trafficking

victims are eligible

with an HHS

Certification (based

on continued

presence or a bona

fide determination on

a T visa

application).

These human

trafficking victims

are considered

refugees and are

exempt from five-

year bar.

Family members with

T visa status eligible

without HHS

Certification or

eligibility

determination,

exempt from five-

year bar.

Eligible for

emergency Medicaid

regardless of

immigration status.

For those who

received lawful

permanent residency

before August 22,

Eligible for

emergency

Medicaid

regardless of

immigration

status.

100

Eligible for

emergency

Medicaid regardless

of immigration

status.

101

Eligible after

receiving lawful

permanent

residency, subject to

five-year bar for

those who arrived

on or after August

22, 1996.

102

For those who

received lawful

permanent

residency before

August 22, 1996

eligible for the

Government Health

Plan, Vital. For

those who arrived

after August 22,

1996, eligible 5

years after receiving

lawful permanent

residency.

Waiting period does

not apply to those

with Cuban and/or

Haitian

nationality.

103

Eligible for

emergency

Medicaid regardless

of immigration

status.

104

Eligible upon

receiving lawful

permanent

residency, subject to

five-year bar for

those who arrived

on or after August

22, 1996.

105

For those who

received lawful

permanent

residency before

August 22, 1996

eligible for the

Government Health

Plan, Vital. For

those who arrived

after August 22,

1996, eligible 5

years after receiving

lawful permanent

residency.

Waiting period

does not apply to

those with Cuban

and/or Haitian

nationality.

106

Eligible for

emergency

Medicaid

regardless of

immigration

status.

107

Eligible for

emergency

Medicaid

regardless of

immigration

status.

108

American University, Washington College of Law 6

VAWA Self-Petitioner

and Battered Spouse

Waiver

Refugee,

Asylee, T

Visa

T Visa

/ Continued

Presence

Deferred

Action for

Childhood

Arrivals

(DACA)

Special Immigrant

Juvenile Status

(SIJS)

U Visa, bona fide,

or wait list

approval.

U Visa

Applicants

Undocumented

Full-Scope

Medicaid

For those who received

lawful permanent

residency before August

22, 1996 eligible for the

Government Health

Plan, Vital. For those

who arrived after August

22, 1996, eligible 5 years

after receiving lawful

permanent residency.

Waiting period does not

apply to those with

Cuban and/or Haitian

nationality.

1996 eligible for the

Government Health

Plan, Vital. For those

who arrived after

August 22, 1996,

eligible 5 years after

receiving lawful

permanent residency.

Waiting period does

not apply to those

with Cuban and/or

Haitian nationality.

Victims of

Crime Act

(VOCA)

Compensation

The Victims of Crime Act provides compensation to crime victims for costs associated with the crime victimization. Costs covered by VOCA include compensation for medical bills,

lost wages, counseling sessions, crime scene clean up, and reimbursement for many other expenses. VOCA compensation is available to crime victims without regard to immigration

status.

109

Family Medical

Leave Act

Puerto Rico has no territory specific Family Medical Leave Act.

Education-

Federal

Benefits:

Federal

Student Aid,

Grants and

Loans

110

With prima facie

determination,

eligible

111

Refugees, Asylees, and T

visa holders or T visa

applicants with prima

facie (bona fide)

determination, an HHS

Certification or eligibility

letter are eligible for

federal student aid.

112

Human trafficking

victims eligible: with

an HHS Certification

(based on continued

presence or a bona

fide determination on

a T visa application),

or with an HHS

eligibility

determination (under

18), and family

members with T visa

status, are eligible for

federal student aid.

113

Not eligible for

federal student

aid.

114

Eligible for federal

student aid upon

receipt of lawful

permanent

residency.

115

Eligible for federal

student aid upon

receipt of lawful

permanent

residency.

116

Not eligible for

federal student

aid.

Not eligible for

federal student

aid.

Education-

State Law

All children, without regard to immigration status or citizenship are eligible to attend public elementary and secondary (K-12) schools. State schools may not request citizenship or

immigration status information and may not bar students from enrolling in public elementary or secondary school based on citizenship or immigration status of the student, their parent

or their guardian.

117

Eligible to apply for and enroll in state funded colleges and universities without regard to immigration status.

118

American University, Washington College of Law 7

VAWA Self-Petitioner

and Battered Spouse

Waiver

Refugee,

Asylee, T

Visa

T Visa

/ Continued

Presence

Deferred

Action for

Childhood

Arrivals

(DACA)

Special Immigrant

Juvenile Status

(SIJS)

U Visa, bona fide,

or wait list

approval.

U Visa

Applicants

Undocumented

State

Education

Although eligible to apply for and enroll in state funded colleges and universities without regard to immigration status,

119

students who are not qualified immigrants (including e.g.

refugees, asylees, T visa holders, T visa applicants with bona fide determinations, VAWA self-petitioners, and lawful permanent residents) are not eligible in Puerto Rico for state

funded post-secondary educational grants and loans.

120

SSI

121

In Puerto Rico, SSI payments are not available. The former federal-state programs of Old-age Assistance, Aid to the Blind, and Aid to the Permanently and Totally Disabled still

operate in Puerto Rico and are administered at the federal level.

122

Old-Age

(retirement),

Survivors, and

Disability

Insurance

(OASDI)

123

Eligible with prima

facie determination if

received SSI as of

August 22, 1996, or

lawfully residing in the

U.S. as of that date and

now disabled.

124

Eligible upon receiving

lawful permanent

residency if credited

with 40 quarters of

work,

125

subject to five-

year bar for those who

arrived on or after

August 22, 1996.

126

Refugees/Asylees:

Eligible during first

seven years after the

status was granted.

127

Trafficking victims with

HHS certification:

Eligible under the

Victims of

Trafficking and Violence

Protection Act of 2000 to

the same extent as

refugees.

128

T visa: Eligible as a

qualified immigrant with

prima facie (bona fide)

determination on T visa

application if receiving

SSI as of August 22,

1996, or lawfully

residing in the U.S. as of

that date and now

disabled.

129

This eligibility allows

trafficking victims who

are disabled to continue

to receive benefits after

the 7-years.

130

Human trafficking

victims: with an HHS

Certification (based

on continued

presence or a bona

fide determination on

a T visa application)

or with an HHS

eligibility

determination (under

18), or family

members with T visa

status (no need for

HHS certification or

eligibility

determination) are

eligible to the same

extent as refugees.

131

Not eligible.

Eligible upon

receiving lawful

permanent

residency if credited

with 40 quarters of

work,

132

subject to

five-year bar for

those who arrived

on or after August

22, 1996.

133

Eligible upon

receiving lawful

permanent

residency if:

credited with 40

quarters of work

134

subject to five-year

bar for those who

arrived on or after

August 22, 1996; or

if receiving SSI as of

August 22, 1996; or

if lawfully residing

in U.S. as of that

date and now

disabled.

135

Not eligible.

136

Not eligible.

137

Driver’s

License

138

Under the REAL ID Act, evidence of “lawful status” is required for a driver’s license to be accepted by a federal agency for official

purposes.

139

The Department of Homeland Security (DHS), by regulation, lists specific documents that will provide satisfactory evidence of

lawful status.

140

All documentation for REAL ID compliant ID’s will be submitted through the Systematic Alien Verification for Entitlements

Puerto Rican Driver’s License:

Applicants for a Puerto Rican

Driver’s license can elect whether or

not to receive a Real ID compliant

American University, Washington College of Law 8

VAWA Self-Petitioner

and Battered Spouse

Waiver

Refugee,

Asylee, T

Visa

T Visa

/ Continued

Presence

Deferred

Action for

Childhood

Arrivals

(DACA)

Special Immigrant

Juvenile Status

(SIJS)

U Visa, bona fide,

or wait list

approval.

U Visa

Applicants

Undocumented

Driver’s

License

Program (S.A.V.E.).

141

DHS will also approve acceptance of other documentation issued by DHS or other Federal agencies demonstrating

lawful status, as determined by USCIS.

142

In addition, DHS permits states to establish an “Exception Process” and consider “Alternative

Documents.”

143

license. Both forms of driver’s

licenses issued in Puerto Rico require

that the applicant have and provide

proof of a Social Security Number.

Immigrants with work authorization

are eligible for social security

numbers and will be eligible to apply

for a driver’s license in Puerto

Rico.

144

Professional and

Occupational

Licenses

No Puerto Rico laws or policies regarding immigrant access to professional or occupational licenses including whether or not work authorization is sufficient or

required.

Housing,

Health, and

Other Services

Necessary to

Protect Life or

Safety

Certain federally assisted programs providing services necessary to protect life or safety must make those services available without regard to immigration status and may not withhold

those services based on immigration status.

145

Programs considered necessary for the protection of life or safety include, but are not limited to: short term shelter or transitional housing

for the homeless, or for victims of domestic abuse, sexual assault, stalking, dating violence, or human trafficking, or for runaway, abused or abandoned children; crisis counseling and

intervention programs; services and assistance relating to victims of domestic violence or other criminal activity, child protection, adult protective services, or violence and abuse

prevention; soup kitchens, community food banks, senior nutrition programs and other nutritional programs for persons requiring special assistance (e.g., WIC); medical and public

health services (including federally qualified health centers); mental health, disability, or substance abuse assistance necessary to protect life or safety; activities designed to protect the

life or safety of workers, children and youths, or community residents; programs to help individuals during periods of adverse weather conditions.

146

Public and

Assisted

147

Housing

148

and

Low-Income

housing Tax

Credit

(LIHTC)

Housing

149

Upon filing VAWA

self-petition, applicant

cannot be denied HUD

public or assisted

housing unless and until

a final determination of

ineligibility.

150

USDA rental housing

follows HUD

procedures for

processing VAWA self-

petitions,

151

so should

be eligible for all

USDA rental housing

unless and until a final

determination of

ineligibility.

Refugee/Asylee, T visa

holder or T visa applicant

with prima facie (bona

fide) determination

eligible for:

HUD public and assisted

housing;

158

USDA Section 515 Rural

Rental Housing;

159

USDA Section 521 Rural

Rental Assistance;

160

USDA Section 514/516

Farm Labor Housing if

immediate family

member

161

or remaining

household member

162

eligible domestic farm

laborer.

Human trafficking

victims with an HHS

Certification (based

on continued

presence or a bona

fide determination on

a T visa application),

or with an HHS

eligibility

determination (under

18), and family

members with T visa

status (no need for

HHS certification or

eligibility

determination),

165

are eligible for:

HUD

public and assisted

housing

166

and

Eligible for

USDA Section

515 Rural

Rental Housing

(without Rental

Assistance),

169

and Section

514/516 Farm

Labor Housing

if immediate

family member

of eligible

domestic farm

laborer.

170

In Puerto Rico,

may be eligible

to live in Low

Income

Eligible for USDA

Section 515 Rural

Rental Housing

(without Rental

Assistance),

172

and

Section 514/516

Farm Labor

Housing if

immediate family

member of eligible

domestic farm

laborer.

173

Upon receiving

lawful permanent

residency,

174

eligible for HUD

175

and USDA

176

rental

housing.

177

Eligible for USDA

Section 515 Rural

Rental Housing

(without Rental

Assistance),

179

and

Section 514/516

Farm Labor

Housing if

immediate family

member of eligible

domestic farm

laborer.

180

Upon receiving

lawful permanent

residency,

181

eligible for HUD

182

and USDA

183

rental

housing.

184

Eligible for

USDA Section

515 Rural Rental

Housing (without

Rental

Assistance),

186

and Section

514/516 Farm

Labor Housing if

immediate family

member of

eligible domestic

farm laborer.

187

In Puerto Rico,

may be eligible to

live in Low

Income Housing

Eligible for

USDA Section

515 Rural

Rental Housing

(without Rental

Assistance),

189

and Section

514/516 Farm

Labor Housing

if immediate

family member

of eligible

domestic farm

laborer.

190

In Puerto Rico,

may be eligible

to live in Low

Income Housing

American University, Washington College of Law 9

VAWA Self-Petitioner

and Battered Spouse

Waiver

Refugee,

Asylee, T

Visa

T Visa

/ Continued

Presence

Deferred

Action for

Childhood

Arrivals

(DACA)

Special Immigrant

Juvenile Status

(SIJS)

U Visa, bona fide,

or wait list

approval.

U Visa

Applicants

Undocumented

Public and

Assisted

Housing and

LIHTC

Regardless of

immigration status,

eligible for USDA

Section 515 Rural

Rental Housing

(without Rental

Assistance),

152

and

USDA Section 514/516

Farm Labor Housing if

immediate family

member of eligible

tenant.

153

Upon filing self-VAWA

self-petition, remaining

household member of

eligible domestic farm

laborer eligible to

continue to occupy

USDA Section 514/516

Farm Labor Housing

unit.

154

Upon receiving lawful

permanent residency,

eligible for USDA

Section 514/516 Farm

Lab

or Housing;

155

USDA Section 521

Rural Rental

Assistance.

156

In Puerto Rico, may be

eligible to live in Low

Income Housing Tax

Credit property.

157

Upon receiving lawful

permanent residency

USDA Section 514/516

Farm Labor Housing.

163

In Puerto Rico, may be

eligible to live in Low

Income Housing Tax

Credit property.

164

USDA rental

housing.

167

In Puerto Rico, may

be eligible to live in

Low Income Housing

Tax Credit

property.

168

Housing Tax

Credit

property.

171

In Puerto Rico, may

be eligible to live in

Low Income

Housing Tax Credit

property.

178

In Puerto Rico, may

be eligible to live in

Low Income

Housing Tax Credit

property.

185

Tax Credit

property.

188

Tax Credit

property.

191

Income Tax

Credits

Child Tax Credit:

192

Immigrants with social security numbers or Individual Taxpayer Identification Numbers (ITINs) who care for dependent children under the age of 17 are eligible to

claim a child tax credit on their income taxes.

193

A qualifying child must be a citizen, national, or resident of the U.S with an SSN or an Individual Taxpayer Identification Number

American University, Washington College of Law 10

VAWA Self-Petitioner

and Battered Spouse

Waiver

Refugee,

Asylee, T

Visa

T Visa

/ Continued

Presence

Deferred

Action for

Childhood

Arrivals

(DACA)

Special Immigrant

Juvenile Status

(SIJS)

U Visa, bona fide,

or wait list

approval.

U Visa

Applicants

Undocumented

Income Tax

Credits

(ITIN).

194

Immigrants eligible to receive social security numbers include lawful permanent residents, refugees, asylees, and VAWA self-petitioners, T visa applicants with bona fide

determinations, and wait-list approved U visa applicants once they are granted work authorization. Any immigrant without regard to immigration status can obtain an ITIN.

195

Child and Dependent Care Tax Credit:

196

Immigrants with social security numbers or Individual Taxpayer Identification Numbers (ITINs) can claim a child or dependent care tax credit

on their income taxes when they care for—

• A dependent child under the age of 13,

• A spouse who is unable to physically or mentally care for themselves, or

• An individual who is unable to care for themselves, mentally or physically who has lived with the taxpayer for at least six months.

197

The child or dependent must have a social security number or ITIN.

198

Immigrants eligible to receive social security numbers include lawful permanent residents, refugees, asylees, and

VAWA self-petitioners, T visa applicants with bona fide determinations and wait-list approved U visa applicants once they are granted work authorization. Any immigrant without

regard to immigration status can obtain an ITIN.

199

Earned Income

Tax Credit

(EITC)

200

Not available.

Legal

Services

201

An immigrant who (or

whose child) is battered

or subjected to extreme

cruelty

202

inside or

outside of the United

States

203

is eligible for

legal assistance from

Legal Services

Corporation (LSC)-

funded agencies on

matters related to the

abuse.

204

Eligible for legal

assistance on any matter

the LSC-funded agency

handles upon receiving

lawful permanent

resident status,

205

spouses, parents, and

unmarried children

under age 21 of U.S.

citizens

206

become

eligible for full

representation on any

Refugee/Asylee:

Refugees and Asylees

are eligible for legal

assistance on any matter

the Legal Services

Corporation (LSC)-

funded agency

handles.

212

T visa:

An immigrant who has

been (or whose child has

been) a victim of

trafficking in the U.S,

including a T visa

holder,

213

is eligible for

legal assistance on any

matter the LSC-funded

agency handles.

214

Eligible for Office of

Violence Against

Women funded Legal

Assistance

215

for victims

of domestic violence,

An immigrant victim

of severe forms of

human trafficking

with (or seeking)

HHS Certification,

219

and family members

with (or applying for)

T visa status,

220

are

eligible for legal

assistance on any

matter the LSC-

funded agency

handles.

Eligible for Office of

Violence Against

Women funded Legal

Assistance

221

for

victims of domestic

violence, sexual

assault, stalking

222

dating violence.

223

Must be at least 11

years old.

224

A DACA

recipient who

is (or whose

child is)

battered or

subjected to

extreme

cruelty,

225

or is

a victim of

sexual assault

or trafficking

in the U.S.,

226

is eligible for

legal services

from LSC-

funded

agencies

227

matters related

to the abuse.

228

Eligible for

Office of

Violence

Against

Eligible for LSC-

funded legal

assistance when the

child has suffered

battering or extreme

cruelty,

233

or sexual

assault or trafficking

in the U.S.,

234

matters related to

the abuse.

235

Eligible for legal

assistance on any

matter the LSC-

funded agency

handles upon

receiving LPR

status,

236

or, for the

spouse, parent or

unmarried child

under 21 of a U.S.

citizen, upon filing

an application for

LPR status.

237

An immigrant who

has (or whose child

has) been granted,

applied for, or

qualifies to apply

for U visa status and

a family member

eligible to apply for

U visa status

242

eligible for legal

assistance from

Legal Services

Corporation (LSC)-

funded agencies

243

on matters related to

the crime

victimization.

244

Eligible for legal

assistance on any

matter the LSC-

funded agency

handles upon

receiving LPR

An immigrant

who has (or

whose child has)

applied for, or

qualifies to apply

for U visa status

and family

members eligible

to apply for U

visa status

251

eligible for legal

assistance from

Legal Services

Corporation

(LSC)-funded

agencies

252

matters related to

the crime

victimization.

253

Eligible for

Office of

Violence Against

Women funded

Legal

An immigrant

victim who is

(or whose child

is), battered or

subjected to

extreme

cruelty,

258

or is a

victim of sexual

assault or

trafficking in the

U.S.,

259

eligible for legal

services from

LSC-funded

agencies

260

matters related

to the abuse.

261

Eligible for

Office of

Violence

Against Women

funded Legal

Assistance

262

for

victims of

American University, Washington College of Law 11

VAWA Self-Petitioner

and Battered Spouse

Waiver

Refugee,

Asylee, T

Visa

T Visa

/ Continued

Presence

Deferred

Action for

Childhood

Arrivals

(DACA)

Special Immigrant

Juvenile Status

(SIJS)

U Visa, bona fide,

or wait list

approval.

U Visa

Applicants

Undocumented

Legal Services

matter upon filing an

application for lawful

permanent residency.

207

Eligible for Office of

Violence Against

Women funded Legal

Assistance

208

as a

victim of domestic

violence, sexual assault,

stalking

209

or dating

violence.

210

Must be at

least 11 years old.

211

sexual assault, stalking

216

or dating violence.

217

Must be at least 11 years

old.

218

Women funded

Legal

Assistance

229

for victims of

domestic

violence,

sexual assault,

stalking

230

dating

violence.

231

Must be at

least 11 years

old.

232

Eligible for Office

of Violence Against

Women funded

Legal Assistance

238

for victims of

domestic violence,

sexual assault,

stalking

239

or dating

violence.

240

Must

be at least 11 years

old.

241

status,

245

or, for the

spouse, parent or

unmarried child

under 21 of a U.S.

citizen, upon filing

an application for

LPR status.

246

Eligible for Office

of Violence Against

Women funded

Legal Assistance

247

for victims of

domestic violence,

sexual assault,

stalking

248

or dating

violence.

249

Must

be at least 11 years

old.

250

Assistance

254

for

victims of

domestic

violence, sexual

assault,

stalking

255

dating

violence.

256

Must

be at least 11

years old.

257

domestic

violence, sexual

assault,

stalking

263

dating

violence.

264

Must be at least

11 years old.

265

Weatherization

Assistance

Program

(WAP)

266

and

Low-Income

Home Energy

Assistance

Program

(LIHEAP)

267

Eligible for

weatherization

assistance (WAP) for

families living in multi-

unit dwellings, without

regard to immigration

status.

268

Eligible for LIHEAP

heating/cooling

assistance and single-

family weatherization

assistance upon receipt

of prima facie

determination.

269

Eligible for

weatherization assistance

(WAP) for families

living in multi-unit

dwellings, without regard

to immigration status.

270

Refugees, asylees, T visa

holders, and T visa

applicants with prima

facie (bona fide)

determination eligible for

LIHEAP heating/cooling

assistance and single-

family weatherization

assistance.

271

Eligible for

weatherization

assistance (WAP) for

families living in

multi-unit dwellings

without, regard to

immigration status.

272

Human trafficking

victims with HHS

Certification (based

on continued

presence or a bona

fide determination on

a T visa application)

or with HHS

eligibility

determination (under

18), are considered

refugees and thus are

Eligible for

weatherization

assistance

(WAP) for

families living

in multi-unit

dwellings,

without regard

to immigration

status.

274

Eligible for

weatherization

assistance (WAP)

for families living in

multi-unit

dwellings, without

regard to

immigration

status.

275

Eligible for

LIHEAP

heating/cooling

assistance and

single-family

weatherization

assistance upon

receiving lawful

permanent

residency.

276

Eligible for

weatherization

assistance (WAP)

for families living in

multi-unit dwellings

without, regard to

immigration

status.

277

Eligible for

LIHEAP

heating/cooling

assistance and

single-family

weatherization

assistance upon

receiving lawful

permanent

residency.

278

Eligible for

weatherization

assistance (WAP)

for families living

in multi-unit

dwellings,

without regard to

immigration

status.

279

Eligible for

weatherization

assistance

(WAP) for

families living

in multi-unit

dwellings,

without regard

to immigration

status.

280

American University, Washington College of Law 12

VAWA Self-Petitioner

and Battered Spouse

Waiver

Refugee,

Asylee, T

Visa

T Visa

/ Continued

Presence

Deferred

Action for

Childhood

Arrivals

(DACA)

Special Immigrant

Juvenile Status

(SIJS)

U Visa, bona fide,

or wait list

approval.

U Visa

Applicants

Undocumented

LIHEAP

eligible for LIHEAP

heating/cooling and

single-family

weatherization

assistance.

273

Federal

Emergency

Management

Agency

(FEMA)

Assistance

281

Eligible for certain FEMA provided emergency services that are available to all victims regardless of their immigration status. These services are short term, non-cash, in-kind

emergency disaster relief, including: search and rescue, emergency medical care, mass care and shelter, resources for essential needs such as food, water and medicine, and reduction

of immediate threats to life, property, public health and safety.

282

D-SNAP, is not available in Puerto Rico.

283

Federal

Emergency

Management

Agency

(FEMA)-

Restricted

Programs

284

Upon receipt of prima

facie determination:

Eligible for FEMA

Assistance Programs,

Individuals and

Households Program

(IHP), and Disaster

Unemployment

Assistance (DUA).

285

Eligible for Emergency

Supplemental Nutrition

Assistance Program

(SNAP), subject to five-

year bar, unless under

18, or lawfully residing

on August 22, 1996 and

either receiving

disability-related

benefits or born before

Aug. 22, 1931.

286

FEMA Assistance

Programs, Individuals

and Households Program

(IHP), Disaster

Unemployment

Assistance (DUA):

open to Refugees,

Asylees, T visa

applicants with prima

facie (bona fide)

determination.

287

Emergency SNAP open

to Refugees/Asylees (no

five-year bar),

288

and T

visa applicants with

prima facie (bona fide)

determination subject to

five-year bar, unless

under 18, or lawfully

residing on August 22,

1996 and either receiving

disability-related benefits

or born before Aug. 22,

1931.

289

Human trafficking

victims eligible: with

HHS Certification

(based on continued

presence or a bona

fide determination on

a T visa application)

or with HHS

eligibility

determination (under

18)

290

These human

trafficking victims

are considered

refugees and thus are

eligible for FEMA

Assistance Programs,

Individual and

Households Program

(IHP), Disaster

Unemployment

Assistance (DUA),

and Emergency

SNAP.

291

Not eligible.

Upon receiving

lawful permanent

residency:

Eligible for FEMA

Assistance

Programs,

Individuals and

Households

Program (IHP), and

Disaster

Unemployment

Assistance

(DUA).

292

Eligible for

Emergency SNAP,

subject to five-year

bar, unless under 18

years of age; can be

credited with 40

quarters of work

earned by the

individual, parents,

or spouse; or

lawfully residing on

August 22, 1996

and either receiving

disability-related

Upon receiving

lawful permanent

residency:

Eligible for FEMA

Assistance

Programs,

Individuals and

Households

Program (IHP), and

Disaster

Unemployment

Assistance

(DUA).

294

Eligible for

Emergency SNAP,

subject to five-year

bar, unless under 18

years of age; can be

credited with 40

quarters of work

earned by the

individual, parents,

or spouse; or

lawfully residing on

August 22, 1996

and either receiving

disability-related

Upon receiving

lawful permanent

residency:

Eligible for

FEMA

Assistance

Programs,

Individuals and

Households

Program (IHP),

and Disaster

Unemployment

Assistance

(DUA).

296

Eligible for

Emergency

SNAP, subject to

five-year bar,

unless under 18

years of age; can

be credited with

40 quarters of

work earned by

the individual,

parents, or

spouse; or

lawfully residing

Not eligible.

298

American University, Washington College of Law 13

VAWA Self-Petitioner

and Battered Spouse

Waiver

Refugee,

Asylee, T

Visa

T Visa

/ Continued

Presence

Deferred

Action for

Childhood

Arrivals

(DACA)

Special Immigrant

Juvenile Status

(SIJS)

U Visa, bona fide,

or wait list

approval.

U Visa

Applicants

Undocumented

(FEMA)-

Restricted

Programs

benefits or born

before Aug. 22,

1931.

293

benefits or born

before Aug. 22,

1931.

295

on August 22,

1996 and either

receiving

disability-related

benefits or born

before Aug. 22,

1931.

297

Unemployment

Insurance

299

Eligible for UI upon

receipt of work

authorization.

300

Refugee:

Eligible for UI upon

receipt of work

authorization.

301

Asylee: Eligible for UI

upon grant receipt of

work authorization.

302

T Visa: Eligible for UI

upon receipt of work

authorization.

303

Eligible for UI upon

receipt of HHS

certification or

eligibility letter and

work

authorization.

304

Eligible for UI

upon receipt of

work

authorization.

305

Eligible for UI upon

receipt of work

authorization.

306

Eligible for UI upon

receipt of work

authorization.

307

Not eligible.

308

Not eligible.

309

VAWA self-petitioner for public benefits purposes includes: VAWA self-petitioners, battered spouse waiver applicants, applicants for relief under VAWA Cuban Adjustment Act (“VAWA CAA”),

VAWA Haitian Refugee Immigration and Fairness Act (“VAWA HRIFA”), VAWA Nicaraguan and Central American Relief Act (“VAWA NACARA’), VAWA cancellation of removal, VAWA

suspension of deportation, and battered spouses and children with approved I-130 visa applications filed by their abusive citizen spouse, parent or step-parent. See 8 U.S.C. § 1641(c); 8 U.S.C. §

1101(a)(51). Battered Spouse Waiver (BSW) applicants/recipients have the same eligibility for public benefits purposes as VAWA self-petitioners. BWS victims are eligible either as conditional

permanent residents if they still have that status and/or are or continue to be eligible once they file their battered spouse waiver application. Battered spouse waiver applicants have greater benefits

access than conditional and lawful permanent residents because they have access to exemptions from deeming and have access to benefits that are only available to battered immigrants.

Afghans granted humanitarian parole between July 31, 2021, and September 30, 2022 — and their spouses and children, and parents or guardians of unaccompanied children granted parole after

September 30, 2022 — also are eligible for federal benefits to the same extent as refugees. Eligibility for this group continues until March 31, 2023, or the end of their parole term, whichever is later.

Extending Government Funding and Delivering Emergency Assistance Act, Pub. L. 117-43 (Sept. 30, 2021). Ukrainians paroled into the U.S. between February 24, 2022, and September 30, 2023 –

and their spouses and children, and parents, guardians or primary caregivers of unaccompanied children paroled into the U.S. after September 30, 2023 – are eligible for federal benefits to the same

extent as refugees. Department of Homeland Security, President Biden to Announce Uniting For Ukraine, a New Streamlined Process to Welcome Ukrainians Fleeing the Russian Invasion of Ukraine.

(April 21, 2022) https://www.dhs.gov/news/2022/04/21/president-biden-announce-uniting-ukraine-new-streamlined-process-welcome-ukrainians.

See 8 U.S.C. §§ 1641(b)(2)-(3), (c)(4) (Asylees, Refugees and trafficking victims and family members of trafficking victims with T visa status or a pending T visa application setting forth a “prima

facie” (bona facie) case for eligibility); Classification for Victims of Severe Forms of Trafficking in Persons; Eligibility for “T” Nonimmigrant Status, 81 Fed. Reg. 92266, 92279, 92304, 92307 (Dec.

19, 2016) (effective Jan. 18, 2017) (to be codified at 8 C.F.R. pts. 212, 214, 245, 274) (Prima facie/bona fide determinations on T visa applications are made by the Department of Homeland

Security.).

See 22 U.S.C. § 7105(b)(1) (Bona fide T visa applicants with HHS certification, trafficking victims under 18 with HHS eligibility determination, and family members with T visa status are eligible

for public benefits to the same extent as refugees.); Classification for Victims of Severe Forms of Trafficking in Persons; Eligibility for “T” Nonimmigrant Status, 81 Fed. Reg. 92266, 92278 (Dec.

19, 2016) (effective Jan. 18, 2017) (to be codified at 8 C.F.R. pts. 212, 214, 245, 274); New Classification for Victims of Severe Forms of Trafficking in Persons; Eligibility for ‘‘T’’ Nonimmigrant

Status, 67 Fed. Reg. 4784, 4789-91 (Jan. 31, 2002) (to be codified at 8 C.F.R. pt. 103), http://niwaplibrary.wcl.american.edu/pubs/federal-register-new-classification/.

American University, Washington College of Law 14

See 22 U.S.C. § 7105(b)(1)(E)(i)(II)(bb) (Immigrants with HHS certification that their continued presence is needed to effectuate prosecution of human traffickers are eligible to receive public

benefits to the same extent as refugees.); OFFICE ON TRAFFICKING IN PERSONS, U.S. DEP’T OF HEALTH & HUM. SERV., OTIP-FS-16-01, CERTIFICATION FOR ADULT VICTIMS OF HUMAN TRAFFICKING

FACT SHEET 1 (2016), https://traffickingresourcecenter.org/sites/default/files/Certification%20Fact%20Sheet%20Posting%20%282%29.pdf.

See DACA, NAT’L IMMIGRATION LAW CTR. (last visited Mar. 2, 2018), https://www.nilc.org/issues/daca/ (DACA is “deferred action” for certain undocumented youth who came to the United States

as children.).

See 8 U.S.C. § 1101(a)(27)(j) (Special Immigrant Juvenile Status (SIJS) allows certain youth immigrant survivors of abuse, abandonment, and/or neglect by a parent to obtain legal immigration

status.).

See CTR. FOR MEDICARE & MEDICAID SERV., U.S. DEP’T OF HEALTH & HUM. SERV., MEDICAID AND CHIP COVERAGE FOR “LAWFULLY RESIDING” CHILDREN AND PREGNANT PERSONS 2 (2010),

http://niwaplibrary.wcl.american.edu/pubs/pb-gov-hhslawfullyresidingmedicaid-07-01-10-also-in-qualified-immigrants/ (Upon receipt of deferred action, U visa applicants are considered lawfully

present). U visa applicants receive deferred action, which provides formal protection from deportation when they receive a bona fide determination or wait-list approval from U.S. Citizenship and

Immigration Services (USCIS). See NIWAP, New DHS U Visa Bona Fide Policy Provides Earlier Access Deferred Action and Work Authorization to Applicants and NIWAP New Study provides

Evidence-Based Support for These New DHS Policies (Jun. 14, 2021), https://niwaplibrary.wcl.american.edu/transforming-lives-study-21.

State benefits agencies are only allowed to ask for immigration status and social security number information for the family members who is the applicant for the benefit. See NAT’L IMMIGRATION

LAW CTR, Privacy Protections in Selected Federal Benefits Programs (Feb. 21, 2018) https://www.nilc.org/wp-content/uploads/2018/03/privacy-protections-fed-programs-tbl-2018.pdf (providing

guidelines on what information a State may request from a parent applying on behalf of a child applicant); see also Anna Pohl, Hema Sarangapani, Amanda Baran, and Cecilia Olavarria, Chapter 4.3:

Barriers to Accessing Services: The Importance of Advocates Accompanying Battered Immigrants Applying for Public Benefits (Jul. 10, 2013), https://niwaplibrary.wcl.american.edu/pubs/ch4-3-

importance-advocates; see also Policy Guidance Regarding Inquiries Into Citizenship, Immigration Status and Social Security Numbers In State Applications For Medicaid, State Children's Health

Insurance Program (Schip), Temporary Assistance For Needy Families (Tanf), and Food Stamp Benefits, U.S. DEP’T HEALTH & HUM. SERV. (Mar. 24, 2006),

https://niwaplibrary.wcl.american.edu/pubs/pb-gov-hhsqacitizenshippolicyguidance-03-24-06.

Battered Spouse Waiver victims are VAWA self-petitioners as defined in INA § 101(a)(51). To be eligible for a battered spouse waiver the victim must be a battered immigrant spouse of a U.S.

citizen or lawful permanent resident who filed an immigration case on the battered spouse’s behalf through which the immigrant spouse was granted conditional permanent residency. Most battered

spouse waiver applicants will have conditional permanent residency at the time they file their battered spouse waiver application. Their public benefits eligibility is based either on their conditional

permanent residency or on their battered spouse waiver application. It is important to note that after an abused immigrant spouse files their battered spouse waiver application, they become eligible

for VAWA self-petitioning related deeming exceptions and eligible for state funded public benefits to the same extent as all other VAWA self-petitioners in states that grant self-petitioners access to

state funded public benefits.

NAT’L IMMIGRATION LAW CTR., Table 1: Overview of Immigrant Eligibility for Federal Programs in GUIDE TO IMMIGRANT ELIGIBILITY FOR FEDERAL PROGRAMS 17, 17-20 (4th ed. 2002, table

updated Oct. 2011), https://www.nilc.org/issues/economic-support/table_ovrw_fedprogs/. See 8 U.S.C. § 1641(c).

8 U.S.C. 1631(f) (Qualified immigrants who have been battered or subjected to extreme cruelty by a spouse, a parent or a member of the spouse’s or parent’s family are exempt from deeming for

12 months. The exemption from deeming may be extended if the battered immigrant obtains an order from a judge or a ruling from the U.S. Department of Homeland Security recognizing the

battering or extreme cruelty the immigrant victim suffered.) (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, Att’y Gen. Order No. 2129-97, 62 Fed. Reg. 61,344, at 61,371 (Nov. 17, 1997)), http://niwaplibrary.wcl.american.edu/pubs/1997-doj-interim-guidance-

benefits/. See Catherine Longville and Leslye Orloff, Public Benefits: What is “Deeming” and What Are its Exceptions, (January 13, 2015), http://niwaplibrary.wcl.american.edu/pubs/deeming-fact-

sheet/. Applicability of Public Charge and Deeming Rules to Immigrant Survivors and Their Children Eligible for Healthcare Subsidies, in NAT’L IMMIGRANT WOMEN’S ADVOCACY PROJECT (April 9,

2015), http://niwaplibrary.wcl.american.edu/public-charge-deeming/

Federal eligibility for refugees and asylees extends for the first seven years after attaining that status; after which, eligibility requirements vary by state law.

NAT’L IMMIGRATION LAW CTR., Table 1: Overview of Immigrant Eligibility for Federal Programs in GUIDE TO IMMIGRANT ELIGIBILITY FOR FEDERAL PROGRAMS 17, 17-20 (4th ed. 2002, table

updated Oct. 2011), https://www.nilc.org/issues/economic-support/table_ovrw_fedprogs/. See 8 U.S.C. §§ 1641(b)(2) (refugees), (b)(3) (asylees).

22 U.S.C. Section 7105(b)(1)(A); NAT’L IMMIGRATION LAW CTR., Table 1: Overview of Immigrant Eligibility for Federal Programs in GUIDE TO IMMIGRANT ELIGIBILITY FOR FEDERAL PROGRAMS

17, 17-20 (4th ed. 2002, table updated Oct. 2011), https://www.nilc.org/issues/economic-support/table_ovrw_fedprogs/. See 8 U.S.C. § 1641(c)(4). Trafficking victims are immediately eligible to

access TANF based upon eligibility under the Trafficking Victim’s Protection Act, which limits benefits to 7 years following the required HHS certification or HHS determination letter. See 22

U.S.C. § 7105(b)(1). In most states, once the 7 years of eligibility under the Trafficking Act has passed, they can continue their eligibility for TANF as a qualified immigrant, 8 U.S.C. § 1641(c), if,

they are a T visa holder or a T visa applicant with a bona fide determination which will include an HHH certification or an HHS determination letter.

OFFICE ON TRAFFICKING IN PERSONS, U.S. DEP’T OF HEALTH & HUM. SERV., OTIP-FS-16-01, CERTIFICATION FOR ADULT VICTIMS OF HUMAN TRAFFICKING FACT SHEET 1 (2016),

https://traffickingresourcecenter.org/sites/default/files/Certification%20Fact%20Sheet%20Posting%20%282%29.pdf. See 22 U.S.C. § 7105(b) (Applicants over age 18 require an HHS certification.

Applicants under age 18 require an HHS eligibility determination (not a certification)).

OFFICE ON TRAFFICKING IN PERSONS, U.S. DEP’T OF HEALTH & HUM. SERV., OTIP-FS-16-01, CERTIFICATION FOR ADULT VICTIMS OF HUMAN TRAFFICKING FACT SHEET 1 (2016),

https://traffickingresourcecenter.org/sites/default/files/Certification%20Fact%20Sheet%20Posting%20%282%29.pdf. See 22 U.S.C. § 7105(b) (Applicants over age 18 require an HHS certification.

Applicants under age 18 require an HHS eligibility determination (not a certification)).

OFFICE ON TRAFFICKING IN PERSONS, U.S. DEP’T OF HEALTH & HUM. SERV., OTIP-FS-16-01, CERTIFICATION FOR ADULT VICTIMS OF HUMAN TRAFFICKING FACT SHEET 1 (2016),

https://traffickingresourcecenter.org/sites/default/files/Certification%20Fact%20Sheet%20Posting%20%282%29.pdf. See 22 U.S.C. § 7105(b) (Applicants over age 18 require an HHS certification.

Applicants under age 18 require an HHS eligibility determination (not a certification)).

American University, Washington College of Law 15

NAT’L IMMIGRATION LAW CTR., Table 1: Overview of Immigrant Eligibility for Federal Programs in GUIDE TO IMMIGRANT ELIGIBILITY FOR FEDERAL PROGRAMS 17, 17-20 (4th ed. 2002, table

updated Oct. 2011), https://www.nilc.org/issues/economic-support/table_ovrw_fedprogs/.

NAT’L IMMIGRATION LAW CTR., Table 1: Overview of Immigrant Eligibility for Federal Programs in GUIDE TO IMMIGRANT ELIGIBILITY FOR FEDERAL PROGRAMS 17, 17-20 (4th ed. 2002, table

updated Oct. 2011), https://www.nilc.org/issues/economic-support/table_ovrw_fedprogs/. See 8 U.S.C. § 1641(b)(1).

NAT’L IMMIGRATION LAW CTR., Table 1: Overview of Immigrant Eligibility for Federal Programs in GUIDE TO IMMIGRANT ELIGIBILITY FOR FEDERAL PROGRAMS 17, 17-20 (4th ed. 2002, table

updated Oct. 2011), https://www.nilc.org/issues/economic-support/table_ovrw_fedprogs/. See 8 U.S.C. § 1641(b)(1).

8 U.S.C. 1631(f) (Qualified immigrants who have been battered or subjected to extreme cruelty by a spouse, a parent or a member of the spouse’s or parent’s family are exempt from deeming for 12

months. The exemption from deeming may be extended if the battered immigrant obtains an order from a judge or a ruling from the U.S. Department of Homeland Security recognizing the battering

or extreme cruelty the immigrant victim suffered.) (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, Att’y Gen. Order No. 2129-97, 62 Fed. Reg. 61,344, at 61,371 (Nov. 17, 1997)). http://niwaplibrary.wcl.american.edu/pubs/1997-doj-interim-guidance-

benefits/ See Catherine Longville and Leslye Orloff, Public Benefits: What is “Deeming” and What Are its Exceptions, (January 13, 2015), http://niwaplibrary.wcl.american.edu/pubs/deeming-fact-

sheet/; Applicability of Public Charge and Deeming Rules to Immigrant Survivors and Their Children Eligible for Healthcare Subsidies, in NAT’L IMMIGRANT WOMEN’S ADVOCACY PROJECT (April 9,

2015), http://niwaplibrary.wcl.american.edu/public-charge-deeming/

NAT’L IMMIGRATION LAW CTR., Table 1: Overview of Immigrant Eligibility for Federal Programs in GUIDE TO IMMIGRANT ELIGIBILITY FOR FEDERAL PROGRAMS 17, 17-20 (4th ed. 2002, table

updated Oct. 2011), https://www.nilc.org/issues/economic-support/table_ovrw_fedprogs/.

NAT’L IMMIGRATION LAW CTR.., Table 1: Overview of Immigrant Eligibility for Federal Programs in GUIDE TO IMMIGRANT ELIGIBILITY FOR FEDERAL PROGRAMS 17, 17-20 (4th ed. 2002, table

updated Oct. 2011), https://www.nilc.org/issues/economic-support/table_ovrw_fedprogs/.

In determining Child Care Development Fund direct eligibility for subsidized child care, eligibility is based on then citizenship or immigration status of the child. The immigration status of the

child’s parent or parents is not relevant to this determination. Citizen and qualified immigrant children are directly eligible for all CCDF funded child care, including but not limited to child care

provided by non-profit charitable organizations. U.S. Department of Health and Human Services, Verification of Citizenship and Immigration Status by Non-Profit Organizations and Head Start

Grantees, in OFFICE OF CHILD CARE (May 2, 2008), https://www.acf.hhs.gov/occ/resource/pi-2008-01; NAT’L IMMIGRATION LAW CTR., GUIDE TO IMMIGRANT ELIGIBILITY FOR FEDERAL PROGRAMS 116,

117 (4th ed. 2002, rev. 2006), https://www.nilc.org/wp-content/uploads/2016/03/childcare_pp116-17_053106.pdf. See 8 U.S.C. § 1641(c).

NAT’L IMMIGRATION LAW CTR., GUIDE TO IMMIGRANT ELIGIBILITY FOR FEDERAL PROGRAMS 116, 117 (4th ed. 2002, rev. 2006), https://www.nilc.org/wp-content/uploads/2016/03/childcare_pp116-

17_053106.pdf. See 8 U.S.C. § 1641(c).

See 8 U.S.C. § 1641(b)(2)-(3). NAT’L IMMIGRATION LAW CTR., GUIDE TO IMMIGRANT ELIGIBILITY FOR FEDERAL PROGRAMS 116, 117 (4th ed. 2002, rev. 2006), https://www.nilc.org/wp-

content/uploads/2016/03/childcare_pp116-17_053106.pdf.

See 8 U.S.C. § 1641(c)(4). NAT’L IMMIGRATION LAW CTR., GUIDE TO IMMIGRANT ELIGIBILITY FOR FEDERAL PROGRAMS 116, 117 (4th ed. 2002, rev. 2006), https://www.nilc.org/wp-

content/uploads/2016/03/childcare_pp116-17_053106.pdf.

Trafficking victims are immediately eligible to access TANF and thus TANF-funded child care based upon eligibility under the Trafficking Victim’s Protection Act, which limits benefits to 7 years

following the required HHS certification or HHS determination letter. See 22 U.S.C. § 7105(b)(1). In most states, once the 7 years of eligibility under the Trafficking Act has passed, they can

continue their eligibility for TANF as a qualified immigrant, 8 U.S.C. § 1641(c), if, e.g., they are a T visa holder or a T visa applicant with a bona fide determination.

OFFICE ON TRAFFICKING IN PERSONS, U.S. DEP’T OF HEALTH & HUM. SERV., OTIP-FS-16-01, CERTIFICATION FOR ADULT VICTIMS OF HUMAN TRAFFICKING FACT SHEET 1 (2016),

https://traffickingresourcecenter.org/sites/default/files/Certification%20Fact%20Sheet%20Posting%20%282%29.pdf; NAT’L IMMIGRATION LAW CTR., GUIDE TO IMMIGRANT ELIGIBILITY FOR FEDERAL

PROGRAMS 116, 117 (4th ed. 2002, rev. 2006), https://www.nilc.org/wp-content/uploads/2016/03/childcare_pp116-17_053106.pdf. See 22 U.S.C. § 7105(b) (Applicants over age 18 require an HHS

certification. Applicants under age 18 require an HHS eligibility determination (not a certification)).

NAT’L IMMIGRATION LAW CTR., GUIDE TO IMMIGRANT ELIGIBILITY FOR FEDERAL PROGRAMS 116, 117 (4th ed. 2002, rev. 2006), https://www.nilc.org/wp-content/uploads/2016/03/childcare_pp116-

17_053106.pdf; Benish Anver & Leslye E. Orloff, Immigrant Crime Victim Child Care Access, NAT’L IMMIGRATION WOMEN’S ADVOCACY PROJECT (Mar. 13, 2013),

http://niwaplibrary.wcl.american.edu/pubs/pb-chart-childcare/; OFFICE ON TRAFFICKING IN PERSONS, U.S. DEP’T OF HEALTH & HUM. SERV., OTIP-FS-16-01, CERTIFICATION FOR ADULT VICTIMS OF

HUMAN TRAFFICKING FACT SHEET 1 (2016), https://traffickingresourcecenter.org/sites/default/files/Certification%20Fact%20Sheet%20Posting%20%282%29.pdf. See 22 U.S.C. § 7105(b).

NAT’L IMMIGRATION LAW CTR., GUIDE TO IMMIGRANT ELIGIBILITY FOR FEDERAL PROGRAMS 116, 117 (4th ed. 2002, rev. 2006), https://www.nilc.org/wp-content/uploads/2016/03/childcare_pp116-

17_053106.pdf.

NAT’L IMMIGRATION LAW CTR., GUIDE TO IMMIGRANT ELIGIBILITY FOR FEDERAL PROGRAMS 116, 117 (4th ed. 2002, rev. 2006), https://www.nilc.org/wp-content/uploads/2016/03/childcare_pp116-

17_053106.pdf.

In determining Child Care Development Fund direct eligibility for subsidized child care, eligibility is based on then citizenship or immigration status of the child. The immigration status of the

provided by non-profit charitable organizations. U.S. Department of Health and Human Services, Verification of Citizenship and Immigration Status by Non-Profit Organizations and Head Start

Grantees, in OFFICE OF CHILD CARE (May 2, 2008), https://www.acf.hhs.gov/occ/resource/pi-2008-01. NAT’L IMMIGRATION LAW CTR., GUIDE TO IMMIGRANT ELIGIBILITY FOR FEDERAL PROGRAMS 116,

117 (4th ed. 2002, rev. 2006), https://www.nilc.org/wp-content/uploads/2016/03/childcare_pp116-17_053106.pdf. See 8 U.S.C. § 1641(c).

NAT’L IMMIGRATION LAW CTR., GUIDE TO IMMIGRANT ELIGIBILITY FOR FEDERAL PROGRAMS 116, 117 (4th ed. 2002, rev. 2006), https://www.nilc.org/wp-content/uploads/2016/03/childcare_pp116-

17_053106.pdf.

American University, Washington College of Law 16

In determining Child Care Development Fund direct eligibility for subsidized child care, eligibility is based on then citizenship or immigration status of the child. The immigration status of the

provided by non-profit charitable organizations. U.S. Department of Health and Human Services, Verification of Citizenship and Immigration Status by Non-Profit Organizations and Head Start

Grantees, in OFFICE OF CHILD CARE (May 2, 2008), https://www.acf.hhs.gov/occ/resource/pi-2008-01. NAT’L IMMIGRATION LAW CTR., GUIDE TO IMMIGRANT ELIGIBILITY FOR FEDERAL PROGRAMS 116,

117 (4th ed. 2002, rev. 2006), https://www.nilc.org/wp-content/uploads/2016/03/childcare_pp116-17_053106.pdf. See 8 U.S.C. § 1641(c).

NAT’L IMMIGRATION LAW CTR., GUIDE TO IMMIGRANT ELIGIBILITY FOR FEDERAL PROGRAMS 116, 117 (4th ed. 2002, rev. 2006), https://www.nilc.org/wp-content/uploads/2016/03/childcare_pp116-

17_053106.pdf.

NAT’L IMMIGRATION LAW CTR., GUIDE TO IMMIGRANT ELIGIBILITY FOR FEDERAL PROGRAMS 116, 117 (4th ed. 2002, rev. 2006), https://www.nilc.org/wp-content/uploads/2016/03/childcare_pp116-

17_053106.pdf.

See FOOD & NUTRITION SERV., U.S. DEP’T OF AGRIC., SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) (2017), https://www.fns.usda.gov/snap/eligibility (As with most public benefits, to

obtain food stamps, individuals must also meet resource, income, and employment requirements. There is a pre-screening tool to determine if an individual might be eligible for nutrition assistance.);

See also SNAP Policy on Non-Citizen Eligibility, U.S. DEP’T OF AGRIC., SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM, https://www.fns.usda.gov/snap/snap-policy-non-citizen-eligibility (last

accessed Oct. 24, 2018). (In general, non-citizens who have lived in the U.S. for 5 years or more, are blind or disabled, are under the age of 18, were admitted for lawful permanent residence with 40

qualifying quarters or are lawfully residing and are on active duty in the U.S. Army, Air Force, Marine Corps, or Coast Guard or honorably discharged are eligible.)

Qualified immigrants appearing whose immigration status as qualified immigrants can be verified in the SAVE system should be eligible for PAN in Puerto Rico this includes VAWA self-

petitioners who will also be required to meet non-immigration status eligibility criteria for the program. Brynne Keith-Jennings, Introduction to Puerto Rico’s Nutrition Assistance Program, CTR. ON

BUDGET AND POLICY PRIORITIES n.9 (Nov. 3 2020), https://www.cbpp.org/research/food-assistance/introduction-to-puerto-ricos-nutrition-assistance-

program#:~:text=Similar%20to%20SNAP%2C%20certain%20authorized,of%20trafficking)%20may%20be%20eligible; see Anne Peterson ET AL., INSIGHT POLICY RESEARCH, INC., IMPLEMENTING

SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM IN PUERTO RICO: A FEASIBILITY STUDY 1, 40 (2010), https://insightpolicyresearch.com/wp-content/uploads/2022/03/SNAP.PuertoRico-FINAL-

REPORT-on-website.July2010.pdf; see also FOOD & NUTRITION, PUERTO RICO NUTRITION ASSISTANCE PROGRAM (PAN) https://benefitscheckup.org/program/nutrition_pr_snap_program (last visited

Aug. 3, 2022).

Brynne Keith-Jennings, Introduction to Puerto Rico’s Nutrition Assistance Program, CTR. ON BUDGET AND POLICY PRIORITIES n.9 (Nov. 3 2020), https://www.cbpp.org/research/food-

assistance/introduction-to-puerto-ricos-nutrition-assistance-program#:~:text=Similar%20to%20SNAP%2C%20certain%20authorized,of%20trafficking)%20may%20be%20eligible; see also FOOD &

NUTRITION, PUERTO RICO NUTRITION ASSISTANCE PROGRAM (PAN) https://benefitscheckup.org/program/nutrition_pr_snap_program (last visited Aug. 3, 2022).

Brynne Keith-Jennings, Introduction to Puerto Rico’s Nutrition Assistance Program, CTR. ON BUDGET AND POLICY PRIORITIES n.9 (Nov. 3 2020), https://www.cbpp.org/research/food-

assistance/introduction-to-puerto-ricos-nutrition-assistance-program#:~:text=Similar%20to%20SNAP%2C%20certain%20authorized,of%20trafficking)%20may%20be%20eligible; see also FOOD &

NUTRITION, PUERTO RICO NUTRITION ASSISTANCE PROGRAM (PAN) https://benefitscheckup.org/program/nutrition_pr_snap_program (last visited Aug. 3, 2022).

Qualified immigrants appearing whose immigration status as qualified immigrants can be verified in the SAVE system should be eligible for PAN in Puerto Rico this includes children with

approved SIJS applications who are granted lawful permanent residency who will also be required to meet non-immigration status eligibility criteria for the program. Brynne Keith-Jennings,

Introduction to Puerto Rico’s Nutrition Assistance Program, CTR. ON BUDGET AND POLICY PRIORITIES n.9 (Nov. 3 2020), https://www.cbpp.org/research/food-assistance/introduction-to-puerto-ricos-

nutrition-assistance-program#:~:text=Similar%20to%20SNAP%2C%20certain%20authorized,of%20trafficking)%20may%20be%20eligible; see also FOOD & NUTRITION, PUERTO RICO NUTRITION

ASSISTANCE PROGRAM (PAN) https://benefitscheckup.org/program/nutrition_pr_snap_program (last visited Aug. 3, 2022).

Qualified immigrants appearing whose immigration status as qualified immigrants can be verified in the SAVE system should be eligible for PAN in Puerto Rico this includes children with

approved SIJS applications who are granted lawful permanent residency who will also be required to meet non-immigration status eligibility criteria for the program. Brynne Keith-Jennings,

Introduction to Puerto Rico’s Nutrition Assistance Program, CTR. ON BUDGET AND POLICY PRIORITIES n.9 (Nov. 3 2020), https://www.cbpp.org/research/food-assistance/introduction-to-puerto-ricos-

nutrition-assistance-program#:~:text=Similar%20to%20SNAP%2C%20certain%20authorized,of%20trafficking)%20may%20be%20eligible; see also FOOD & NUTRITION, PUERTO RICO NUTRITION

ASSISTANCE PROGRAM (PAN) https://benefitscheckup.org/program/nutrition_pr_snap_program (last visited Aug. 3, 2022).

42 U.S.C.S. § 1786; Women, Infants, and Children (WIC), U.S. DEP’T OF AGRIC. FOOD & NUTRITION SERV., https://www.fns.usda.gov/wic/women-infants-and-children-wic (last visited

June 14, 2018).

WIC Contacts, U.S. DEP’T OF AGRIC. FOOD & NUTRITION SERV., https://www.fns.usda.gov/wic/wic-contacts (last visited June 14, 2018).

WIC Eligibility Requirements, U.S. DEP’T OF AGRIC. FOOD & NUTRITION SERV., https://www.fns.usda.gov/wic/wic-eligibility-requirements (last visited June 14, 2018).

Clinic Location, PR DEP’T OF HEATH, http://www.wic.pr.gov/#/clinicas (last visited Aug.17, 2022); Women, Infants, and Children (WIC), PR DEP’T OF HEALTH,

http://www.wic.pr.gov/#/comoaplicar (last visited Aug.17, 2022).

; WIC, PR DEP’T OF HEATH, WIC Program of Puerto Rico, Guide to Income Eligibility, http://www.wic.pr.gov/assets/pdf-

web/CARTA%20AL%20PERSONAL%20SOBRE%20TABLA%20DE%20INGRESOS%202022-2023.pdf (last visited Aug.17, 2022).

Under the Affordable Care Act, in “mixed status” households, each family member may have different eligibility for exchanges and subsidies. NAT’L IMMIGRATION LAW CTR.,

FREQUENTLY ASKED QUESTIONS: THE AFFORDABLE CARE ACT & MIXED-STATUS FAMILIES (rev. 2014), https://www.nilc.org/wp-content/uploads/2015/11/FAQ-ACA-and-mixed-

status-families-2014-12-1.pdf.

NAT’L IMMIGRATION LAW CTR.,“LAWFULLY PRESENT” INDIVIDUALS ELIGIBLE UNDER THE AFFORDABLE CARE ACT 5 (2012, rev. 2016), https://www.nilc.org/wp-content/uploads/2015/10/lawfully-

present-imm-categories-ACA-2016-07.pdf. See 8 U.S.C. § 1641(c).

American University, Washington College of Law 17

NAT’L IMMIGRATION LAW CTR.,“LAWFULLY PRESENT” INDIVIDUALS ELIGIBLE UNDER THE AFFORDABLE CARE ACT 2 (2012, rev. 2016), https://www.nilc.org/wp-content/uploads/2015/10/lawfully-

present-imm-categories-ACA-2016-07.pdf. See 8 U.S.C. § 1641(b)(2).

Cindy Mann, CTR. FOR MEDICARE & MEDICAID SERV., U.S. DEP’T OF HEALTH & HUM. SERV., MEDICAID AND CHIP COVERAGE FOR “LAWFULLY RESIDING” CHILDREN AND PREGNANT WOMEN 3

(2010), http://niwaplibrary.wcl.american.edu/pubs/pb-gov-hhslawfullyresidingmedicaid-07-01-10-also-in-qualified-immigrants/. See 8 U.S.C. § 1641(b)(3); 45 C.F.R § 152.2(5) (2017) (“A pending

applicant for asylum under section 208(a) of the INA (8 U.S.C. § 1158) or for withholding of removal under section 241(b)(3) of the INA (8 U.S.C. § 1231) or under the Convention Against Torture

who has been granted employment authorization, and such an applicant under the age of 14 who has had an application pending for at least 180 days.”).

NAT’L IMMIGRATION LAW CTR.,“LAWFULLY PRESENT” INDIVIDUALS ELIGIBLE UNDER THE AFFORDABLE CARE ACT 5 (2012, rev. 2016), https://www.nilc.org/wp-content/uploads/2015/10/lawfully-

present-imm-categories-ACA-2016-07.pdf. See 8 U.S.C. § 1641(c)(4).

NAT’L IMMIGRATION LAW CTR., “LAWFULLY PRESENT” INDIVIDUALS ELIGIBLE UNDER THE AFFORDABLE CARE ACT 5 (2012, rev. 2016), https://www.nilc.org/wp-content/uploads/2015/10/lawfully-

present-imm-categories-ACA-2016-07.pdf. See 22 U.S.C. § 7105(b) (Applicants over age 18 require an HHS certification. Applicants under age 18 require an HHS eligibility determination (not a

certification)).

NAT’L IMMIGRATION LAW CTR., “LAWFULLY PRESENT” INDIVIDUALS ELIGIBLE UNDER THE AFFORDABLE CARE ACT 5 (2012, rev. 2016), https://www.nilc.org/wp-content/uploads/2015/10/lawfully-

present-imm-categories-ACA-2016-07.pdf. See 22 U.S.C. § 7105(b) (Applicants over age 18 require an HHS certification. Applicants under age 18 require an HHS eligibility determination (not a

certification)).

OFFICE ON TRAFFICKING IN PERSONS, U.S. DEP’T OF HEALTH & HUM. SERV., OTIP-FS-16-01, CERTIFICATION FOR ADULT VICTIMS OF HUMAN TRAFFICKING FACT SHEET 1 (2016),

https://traffickingresourcecenter.org/sites/default/files/Certification%20Fact%20Sheet%20Posting%20%282%29.pdf. See 22 U.S.C. § 7105(b).

NAT’L IMMIGRATION LAW CTR.,“LAWFULLY PRESENT” INDIVIDUALS ELIGIBLE UNDER THE AFFORDABLE CARE ACT 1, 1 n.4, 4-5 n.8 (2012, rev. 2016), https://www.nilc.org/wp-

content/uploads/2015/10/lawfully-present-imm-categories-ACA-2016-07.pdf (DACA recipients are the only deferred action recipients not eligible for insurance under the ACA.).

NAT’L IMMIGRATION LAW CTR.,“LAWFULLY PRESENT” INDIVIDUALS ELIGIBLE UNDER THE AFFORDABLE CARE ACT 5 (2012, rev. 2016), https://www.nilc.org/wp-content/uploads/2015/10/lawfully-

present-imm-categories-ACA-2016-07.pdf.

U visa bona fide determinations come with deferred action which is protection from deportation and which makes U visa applicants eligible for health care as lawfully residing immigrant. Cindy

Mann, CTR. FOR MEDICARE & MEDICAID SERV., U.S. DEP’T OF HEALTH & HUM. SERV., MEDICAID AND CHIP COVERAGE FOR “LAWFULLY RESIDING” CHILDREN AND

PREGNANT PERSONS 3 (2010), http://niwaplibrary.wcl.american.edu/pubs/pb-gov-hhslawfullyresidingmedicaid-07-01-10-also-in-qualified-immigrants/.

Cindy Mann, CTR. FOR MEDICARE & MEDICAID SERV., U.S. DEP’T OF HEALTH & HUM. SERV., MEDICAID AND CHIP COVERAGE FOR “LAWFULLY RESIDING” CHILDREN AND PREGNANT PERSONS 3

(2010), http://niwaplibrary.wcl.american.edu/pubs/pb-gov-hhslawfullyresidingmedicaid-07-01-10-also-in-qualified-immigrants/; Carly Erickson & Leslye E. Orloff, U-Visa Victim Benefits under the

Affordable Care Act (ACA), NAT’L IMMIGRANT WOMEN’S ADVOCACY PROJECT (June 18, 2014), http://niwaplibrary.wcl.american.edu/pubs/u-visa-healthcare-aca/.

Carly Erickson & Leslye E. Orloff, U-Visa Victim Benefits under the Affordable Care Act (ACA), NAT’L IMMGR. WOMEN’S ADVOC. PROJECT (June 18, 2014),

http://niwaplibrary.wcl.american.edu/pubs/u-visa-healthcare-aca/; NAT’L IMMIGRATION LAW CTR.,“LAWFULLY PRESENT” INDIVIDUALS ELIGIBLE UNDER THE AFFORDABLE CARE ACT 5-6 (2012, rev.

2016), https://www.nilc.org/wp-content/uploads/2015/10/lawfully-present-imm-categories-ACA-2016-07.pdf.

NAT’L IMMIGRATION LAW CTR.,“LAWFULLY PRESENT” INDIVIDUALS ELIGIBLE UNDER THE AFFORDABLE CARE ACT 1 (2012, rev. 2016), https://www.nilc.org/wp-content/uploads/2015/10/lawfully-

present-imm-categories-ACA-2016-07.pdf (DACA coverage limited to those “lawfully present” in the United States).

Puerto Rico has not opted to provide CHIP health care coverage to lawfully residing children. See Medicaid and CHIP Coverage of Lawfully Residing Children & Pregnant Women, MEDICAID.GOV,

https://www.medicaid.gov/medicaid/enrollment-strategies/medicaid-and-chip-coverage-lawfully-residing-children-pregnant-women (last visited Aug. 3, 2022). Footnotes in this section contain

additional details on health care subsidies, including co-pays that may be required. They contain further state by state information on health care access for immigrant survivors of domestic and sexual

violence. See MORGAN, LEWIS & BOCKIUS, LLP Chapter 17.1: Emergency Medicaid – Urgent Medical Services for Immigrant Crime Victims and Children, NAT’L IMMIGRANT WOMEN’S

ADVOCACY PROJECT (December 2016), http://niwaplibrary.wcl.american.edu/pubs/ch17-1-emergencymedicaid; see id. Chapter 17.2: Coverage for Forensic Costs for Immigrant crime Victims:

Medical Coverage and Services (February 12, 2017) http://niwaplibrary.wcl.american.edu/pubs/ch17-2-forensiccoverageimmvictims; see id. Chapter 17.3: Post-Assault Healthcare and Crime Victim

Compensation for Immigrant Victims of Violence (June 13, 2017) http://niwaplibrary.wcl.american.edu/pubs/ch17-3-postassault-healthcare-compensation; see id. Chapter 17.4: Pre-Natal and Child

Health Care for Immigrant Victims and Their Children (February 17, 2017) http://niwaplibrary.wcl.american.edu/pubs/ch17-4-prenatal-care.

NAT’L IMMIGRATION LAW CTR., Table 1: Overview of Immigrant Eligibility for Federal Programs in GUIDE TO IMMIGRANT ELIGIBILITY FOR FEDERAL PROGRAMS 17, 17-20 (4th ed. 2002, table

updated Oct. 2011), https://www.nilc.org/issues/economic-support/table_ovrw_fedprogs/. See 8 U.S.C. § 1641(c).

NAT’L IMMIGRATION LAW CTR., Table 1: Overview of Immigrant Eligibility for Federal Programs in GUIDE TO IMMIGRANT ELIGIBILITY FOR FEDERAL PROGRAMS 17, 17-20 (4th ed. 2002, table

updated Oct. 2011), https://www.nilc.org/issues/economic-support/table_ovrw_fedprogs/. Assistance from HHS funded public health centers also available without regard to immigration status. See

HRSA, https://mchb.tvisdata.hrsa.gov/Narratives/IIF4HealthReform/0adbbe5d-6d36-4e71-9008-1aecbfea6cae (last visited Aug. 5, 2022).

See https://www.medicaid.pr.gov/Home/FAQS/#p2 (responding to frequently asked questions).

NAT’L IMMIGRATION LAW CTR., Table 1: Overview of Immigrant Eligibility for Federal Programs in GUIDE TO IMMIGRANT ELIGIBILITY FOR FEDERAL PROGRAMS 17, 17-20 (4th ed. 2002, table

updated Oct. 2011), https://www.nilc.org/issues/economic-support/table_ovrw_fedprogs/. See 8 U.S.C. § 1641(b)(2)-(3).

See 22 U.S.C. § 7105(b).

NAT’L IMMIGRATION LAW CTR., Table 1: Overview of Immigrant Eligibility for Federal Programs in GUIDE TO IMMIGRANT ELIGIBILITY FOR FEDERAL PROGRAMS 17, 17-20 (4th ed. 2002, table

updated Oct. 2011), https://www.nilc.org/issues/economic-support/table_ovrw_fedprogs/. See 8 U.S.C. § 1641(c)(4).

American University, Washington College of Law 18

See 8 U.S.C. § 1641(c)(4). It is important to note that human trafficking victims with HHS certification or an HHS determination letter are eligible as refugees for 7 years. To continue to receive

benefits once 7 years has passed since they received their HHS certification or HHS determination letter, they will need to file for and be granted a T visa. This allows them to continue to qualify for

public benefits as qualified immigrants. So long as the trafficking victim files for a T visa soon after receiving HHS certification or determination, they should gain qualified immigrant status and the

5-year bar will be completed prior to reaching the 7-year limit on refugee benefits.

NAT’L IMMIGRATION LAW CTR., Table 1: Overview of Immigrant Eligibility for Federal Programs in GUIDE TO IMMIGRANT ELIGIBILITY FOR FEDERAL PROGRAMS 17, 17-20 (4th ed. 2002, table

updated Oct. 2011), https://www.nilc.org/issues/economic-support/table_ovrw_fedprogs/. See 22 U.S.C. § 7105(b) (Applicants over age 18 require an HHS certification. Applicants under age 18

require an HHS eligibility determination (not a certification)).

NAT’L IMMIGRATION LAW CTR., Table 1: Overview of Immigrant Eligibility for Federal Programs in GUIDE TO IMMIGRANT ELIGIBILITY FOR FEDERAL PROGRAMS 17, 17-20 (4th ed. 2002, table

updated Oct. 2011), https://www.nilc.org/issues/economic-support/table_ovrw_fedprogs/. See 22 U.S.C. § 7105(b) (Applicants over age 18 require an HHS certification. Applicants under age 18

require an HHS eligibility determination (not a certification)).

NAT’L IMMIGRATION LAW CTR., Table 1: Overview of Immigrant Eligibility for Federal Programs in GUIDE TO IMMIGRANT ELIGIBILITY FOR FEDERAL PROGRAMS 17, 17-20 (4th ed. 2002, table

updated Oct. 2011), https://www.nilc.org/issues/economic-support/table_ovrw_fedprogs/; OFFICE ON TRAFFICKING IN PERSONS, U.S. DEP’T OF HEALTH & HUM. SERV., OTIP-FS-16-01, CERTIFICATION

FOR ADULT VICTIMS OF HUMAN TRAFFICKING FACT SHEET 1 (2016), https://traffickingresourcecenter.org/sites/default/files/Certification%20Fact%20Sheet%20Posting%20%282%29.pdf. See 22

U.S.C. § 7105(b).