Immigration Policy

Immigrant Policy

HHS Guidance on Asking Citizenship, Immigration Status and SSNs on State Application Forms

Policy Guidance on Citizenship, Immigration Status, and Social Security Numbers on State Benefit Applications for Medicaid, SCHIP, TANF and Food Stamps

The U.S. Department of Health and Human Services (HHS) and the U.S. Department of Agriculture (USDA) have issued guidance and an accompanying set of Q&As on state forms for Medicaid, State Children's Health Insurance Program (SCHIP), Temporary Assistance for Needy Families (TANF), and Food Stamps. These documents clarify when a state is required to request information about citizenship, immigration status, and social security numbers; when a state is not required to do so; and when a state may or may not deny benefits if the information is not provided by the applicant.

Recent data indicates that U.S. citizen children and other eligible members of immigrant families may be deterred from applying for benefits due to confidentiality concerns and fear of adverse consequences from INS. In an effort to reduce access barriers for program participants and to comply with anti-discrimination and privacy laws, the guidance sets out basic rules regarding inquiries and specific rules for the Medicaid, SCHIP, TANF and Food Stamp programs.

Title VI of the Civil Rights Act of 1964 prohibits discrimination based on race, color and national origin by federal fund recipients. According to HHS, "To the extent that states' application requirements and processes have the effect of deterring eligible applicants and recipients who live in immigrant families from enjoying equal participation in and access to these benefit programs based on their national origin, states inadvertently may be violating Title VI."

The guidance seeks to clarify "applicants" and "non-applicants" for these benefit programs, and provides suggestions for states to limit questions about citizenship, immigration status, and social security numbers to the applicant.

See http://www.dhhs.gov/ocr/immigration for the guidance, Q&As, press release, and model notice for persons applying for benefits. The guidance has been issued jointly by the Administration for Children and Families, the Health Care Financing Administration, the Office for Civil Rights of the U.S. Department of Health and Human Services and the Food and Nutrition Service of the U.S. Department of Agriculture on September 21, 2000. The guidance will also be made available in Spanish and Chinese.

I. Application Requirements and Inquiries Regarding Citizenship or Immigation Status

States are required to determine citizenship and immigration status of applicants for Medicaid (except emergency Medicaid), SCHIP, TANF and Food Stamps. States may not require applicants to provide such information for any nonapplicant member of a family or household. For example, Medicaid and SCHIP allow children to apply for and receive benefits independently of their ineligible parents. States must require disclosure of the citizenship and immigration status only of the person for whom benefits are being sought.

In general, TANF and Food Stamps require families or households to apply for benefits as a unit. The guidance clarifies that individual family or household members may be considered non-applicants.

TANF. TANF eligibility and benefits are based on the circumstances of the family, as defined by the state. Applicants must disclose citizenship or immigration status. States have the flexibility to provide for mandatory or voluntary exclusion of family members. For example, "child-only" rules permit needy children to receive TANF even if other family members are ineligible. States may permit family members to designate themselves as non-applicants who are therefore not required to disclose citizenship or immigration status, though they may be required to answer questions relating to financial or other factors that affect the eligibility of the applicant family member(s).

Food Stamps. Food Stamp eligibility and benefits are based on the circumstances of all household members. All household members must declare citizenship or immigration status. The guidance gives states the option to permit individual household members to declare early in the application process that they are not applying for Food Stamps and therefore do not need to disclose their citizenship or immigration status. States may consider such individuals "non-applicants." Non-applicants must still require questions affecting the eligibility of the applicant household members, such as income and resources.

II. Application Requirements and Inquiries Regarding Social Security Numbers (SSN)

A Social Security Number is required for applicants of Medicaid, TANF and food stamp benefits and SCHIP programs that are Medicaid expansion programs. An SSN is not required for applicants of separate child-health programs under SCHIP.

Medicaid and SCHIP. Children may apply for and receive benefits independently of their ineligible parents. States must require disclosure of the Social Security Number only of the person for whom benefits are being sought. States may not deny benefits because the applicant did not provide the SSNs of persons who are neither applicants nor recipients of Medicaid or SCHIP programs.

Food Stamps. When a household member does not provide an SSN, the agency determines the person ineligible for benefits. States cannot deny food stamps to eligible family members because other family members do not provide or apply for an SSN. The guidance gives states the option to permit individual household members to declare early in the application process that they are not applying for Food Stamps and therefore do not need to disclose their Social Security Number. States may consider such individuals "non-applicants." Non-applicants must still answer questions affecting the eligibility of the applicant household members, such as income and resources.

TANF. States have the flexibility to allow family members to receive benefits if ineligible family members do not disclose immigration status or SSN. The guidance proposes that ineligible family or household members of individuals applying for TANF may be considered "non-applicants" and therefore not required to disclose their SSN. Non-applicants must still answer other questions relating to the family's financial circumstances or other eligibility factors.

States may not delay, deny, or discontinue assistance pending the issuance of an SSN. If an applicant does not have an SSN, the state is obligated to assist with obtaining one from the Social Security Administration.

States will not be out of compliance with the Income and Eligibility Verification System in Medicaid and TANF if they do not obtain the SSN of non-applicants or excluded family members.

States must comply with the Privacy Act when seeking disclosure of an individuals' SSN. States may not deny benefits unless such disclosure is required by federal statute. States may request that an individual voluntarily provide an SSN, e.g., to verify income only. For example, the nonapplicant parents of a child applying for Medicaid may be asked to voluntarily provide their SSNs to verify income. When a state requests an SSN, the Privacy Act requires the agency to inform the individual whether the disclosure is voluntary or mandatory, by what authority the SSN is solicited, and what uses will be made of it.

See the Q&As for additional information on citizenship, immigration status, and social security numbers for each benefit program.

Federal Assistance; Suggestions for States

HHS recognizes states have moved to consolidate, streamline, and use joint application forms, and that designing consumer-friendly, nondiscriminatory joint applications for different federal and state benefit programs can be challenging. States need to review and possibly modify their application forms to make them consistent with this guidance. Federal regional offices are available to provide technical assistance.

Some general recommendations from the guidance:

Designate non-applicants early in the eligibility process. States have the flexibility to allow family or household members who are not seeking benefits to be designated as non-applicants.
Delete general requests for citizenship, immigration, and/or SSN from every household member and replace them with specific requests of the relevant applicant(s) for benefits.
Do not require non-applicants to disclose citizenship or immigration status as a condition of an applicant's eligibility.
Make clear statements about the use and confidentiality of personal information.
Make clear statements about inclusion/exclusion of individuals as members of the family or household unit and how eligibility will be affected; e.g., members that do not provide citizenship, immigration status and/or SSN will be excluded as an ineligible applicant and that it will not affect the eligibility of other family members, but it will affect the amount of benefits received.

Funding: The costs of revising application forms are allowable administrative expenses under existing program rules. The $500 million fund to implement new Medicaid eligiblity under welfare reform has been extended. Most states remain eligible to draw down their allotments at an enhanced rate of 75 percent. States may also use federal TANF or TANF maintenance of effort for redesign of application forms (subject to the 15 percent administrative cap.)

Date: September 21, 2000

Prepared by:
Ann Morse
Program Director
Immigrant Policy Project
State and Local Coalition on Immigration
Email: ann.morse@ncsl.org

Contact in HHS: Claudia Schlosberg, Office of Civil Rights (202) 619-0403