With some exceptions, non-citizens entering the United States after August 22, 1996, the date of enactment of the welfare reform legislation, are not eligible for most welfare benefits, including Temporary Assistance for Needy Families (TANF), SSI, Medicaid, and the State Children’s Health Insurance Program (SCHIP), until they have been in the U.S. for at least five years. Keeping this general principle in mind, a more thorough review of the 1996 provisions reveals both their complexity and breadth.
In determining welfare eligibility for non-citizens, two broad criteria are taken into account. The most general screen is the concept of “qualified” and “not qualified” alien. Generally, qualified aliens are non-citizens who have been permitted to reside permanently in the United States. They include legal permanent residents (LPRs), refugees, asylees, Cuban/Haitian entrants, and a few other categories. Qualified immigrants may be eligible for federal and state benefit programs that aim to help families with limited income and resources. Not qualified aliens (mostly illegal and temporary immigrants), by contrast, are ineligible for all except emergency benefits?a policy that was largely in place even before the 1996 reforms.
The second factor is date of entry into the United States. Specifically, qualified immigrants who entered after August 22, 1996 are barred from SSI and food stamps until they become citizens and from TANF, Medicaid, and SCHIP for five years after entry. Qualified immigrants, who entered before August 22, 1996, have wider eligibility for these benefits, in part because states have elected to pay for the benefits and in part because federal legislation enacted since 1996 restored some benefits for those already in the United States. As a result, many immigrants who entered before 1996 are eligible for TANF, Medicaid, SCHIP, and SSI. Eligibility for food stamps is more restricted.
