Food Stamps Restored to Legal Immigrants May 15,2002
Key Provisions
The nutrition title in the recently enacted farm bill makes food stamp eligibility consistent with TANF and Medicaid/SCHIP eligibility (a 5-year bar for new arrivals). Lawful permanent residents with 5 years residence in the U.S. become eligible for food stamps effective April 1, 2003. This provision restores benefits to an estimated 363,000 legal immigrants and refugees. Effective October 1, 2003, legal immigrant children become eligible for food stamps without the 5 year residency requirement and will be exempt from deeming requirements.
Legislative History
On May 2, 2002, the House passed the farm bill conference report to H.R. 2646 by 280-141, followed by the Senate on May 8, with a vote of 64-35. The President signed the legislation on May 13, 2002. The nutrition title (Title IV) is part of a much larger farm bill, the Farm Security and Rural Investment Act of 2002, P.L. 107-171. In addition to the provisions restoring food stamps to legal immigrants (see Section 432), the nutrition title includes significant program improvements and simplification, such as quality control reforms, simplified definition of income and resources, elimination of the cost neutrality requirement for electronic benefit transfer systems, a 5-month transitional benefit for those leaving TANF and a more flexible employment and training program.
In 1996, the federal welfare law ended food stamp benefits for legal immigrants, with few exceptions. Unlike other limits placed on legal immigrants in TANF and Medicaid, the food stamp restrictions were both prospective and retrospective, affecting those who were in the country as of 8/22/96, the effective date of the law. In 1998, benefits were restored to children, the disabled and the elderly who had entered the U.S. prior to August 22, 1996. The 2002 restoration affects children, disabled, and elderly post-enactment, allows legal immigrant adults (18-64) access to food stamps after 5 years of residence, and ends the 7 year limit on refugee and asylee eligibility.
Restoration of Benefits to Legal Immigrants
The nutrition title in the 2002 farm bill changes the permanent bar to a 5-year bar, consistent with TANF and Medicaid/SCHIP eligibility. The three main provisions are:
- After 5 years of residence, "qualified" legal immigrants may receive benefits. The change becomes effective April 1, 2003
- All immigrant children become eligible for food stamps without the 5 year residency requirement and without deeming, effective October 1, 2003.
- Disabled immigrants that arrive after August 22, 1996 may receive food stamp benefits if they meet the food stamp definition of disability; effective October 1, 2002.
- The authorization of appropriations for food stamps is extended through FY2007.
Food Stamp Access and Outreach
Section 438 authorizes $3 million for food stamp access and outreach pilot projects with the federal share at 75%. Eligible projects include establishing one-stop shops (co-location of food stamps, SSI, Medicaid, SCHIP, WIC, or other benefits); joint application forms; outreach and enrollment in nontraditional venues; participation of farmers' markets etc; telephone/internet applications; encouragement of fruit/vegetable consumption; reduction of individual barriers to participation; development of training materials; and conforming verification practices of food stamps and other assistance programs.
Eligibility for Federally-Funded Food Stamps
- US Citizens
- "Qualified" aliens* (legal immigrants and refugees) who have lived in the U.S. for 5 years (effective April 1, 2003)
- Lawful permanent residents who can demonstrate 40 qualifying quarters of work
- Refugees, asylees, those whose deportation has been withheld, and Cubans, Haitians and Amerasians in the United States (the 7 year limit has been removed)
- Immigrant children under age 18 who were in the United States as of August 22, 1996; effective October 1, 2003, immigrant children are eligible without the 5-year residency requirement (or deeming).
- Veterans, active duty military, their spouses, and dependents
- Elderly immigrants in the U.S. as of August 22, 1996 and were 65 or older on that date
Immigrants in the U.S. as of August 22, 1996 and disabled or blind
- Immigrants who receive government disability benefits (SSI) regardless of entry may receive food stamps effective October 1, 2002. Currently, immigrants arriving after 8/22/96 are ineligible for SSI; if SSI is restored, these disabled immigrants may also receive food stamps.
- Hmong and highland Lao tribe members who assisted the United States armed forces during the Vietnam War, their spouses, dependent children, and unremarried widow(er)s of those deceased
- Certain Native Americans born in Canada or Mexico who are entitled under treaty law to reside in the United States.
*Qualified Aliens: lawful permanent residents, refugees, asylees, those granted parole for more than one year, those whose deportation has been withheld, conditional entrants before 1980, Cuban-Haitian entrants, and certain victims of domestic violence.
Not Qualified Aliens: illegal immigrants, family unity immigrants, temporary agricultural workers, asylum applicants, and PRUCOL aliens are not eligible for food stamps.
Sources:
NCSL's Human Services Committee: http://www.ncsl.org/statefed/afihumsv.htm
USDA: http://www.fns.usda.gov/cga/2002_Farm_Bill/food_stamps.html
FRAC: www.frac.org
APHSA, May 9, 2002 press release: http://www.aphsa.org/
Conference Report to H.R. 2646
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