dcl9752.htm

DCL-97-52

August 27, 1997

TO ALL STATE IV-D DIRECTORS

Dear Colleague:

The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), P.L. 104-193, restricts the access of certain categories of immigrants to specified Federal benefits, including some benefits administered by the Department of Health and Human Services (HHS). This letter provides guidance on certain immigrant eligibility provisions of the PRWORA.

Section 403 of PRWORA bars most qualified aliens who enter the U.S. on or after enactment (August 22, 1996) from eligibility for "Federal means-tested public benefits" for five years beginning on the date the individual entered the United States with a qualified alien status. As defined in a Federal Register notice dated August 26, 1997, and effective immediately, HHS is interpreting "Federal means-tested public benefits" to include only those benefits provided under Federal means-tested, mandatory spending programs. The following HHS programs meet this definition: Medicaid, and Temporary Assistance for Needy Families (TANF) Block Grant - the successor to the AFDC program.

Therefore, no other HHS programs are "Federal means-tested public benefits" for purposes of PRWORA, and all qualified aliens, regardless of when they entered the U.S. continue to be eligible to receive assistance and services under the Child Support program if they meet other program requirements.

Finally, guidance on other immigration-related issues is still under consideration. The immigrant provisions of the PRWORA are extremely complex and require careful analysis to determine the impact of the provisions on numerous programs and services. We are currently analyzing these provisions and will provide further information to you as these issues are resolved.

If you need further clarification, please contact Jan Rothstein at (202) 401-5073.

Sincerely,

David Gray Ross/s/
Deputy Director
Office of Child Support
Enforcement