March 31, 2009

Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (the “Act”) applies only to non-exempted “federal public benefits” as defined by the Act, rather than to all federally funded programs. (It also applies to certain state and local public benefits, which are not the subject of this Attachment.)

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Home > Laws & Policies > Federal Register Announcements > Attachment 3–Federal Public Benefit
Attachment 3–Federal Public Benefits

Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (the “Act”) applies only to non-exempted “federal public benefits” as defined by the Act, rather than to all federally funded programs. (It also applies to certain state and local public benefits, which are not the subject of this Attachment.) Under the Act, benefit providers are only required to verify the immigration status of applicants for benefits that fall within the Act’s definition of “federal public benefits” and are not specifically exempted from the Act’s requirements. (If the program independently requires benefit providers to verify the citizenship, nationality and/or immigration status of an applicant, however, you should continue to comply with such requirements even if the program does not provide a “federal public benefit” covered by the Act.) Set forth below is preliminary guidance on the meaning of “federal public benefit,” as well as a summary of the benefits specifically exempted from the Act’s verification requirements. If you have any questions as to whether a particular program provides a federal public benefit covered by the Act or a benefit that is exempted from the Act’s requirements, you should consult with the federal agency or department that oversees the program.
Federal Public Benefit: A “federal public benefit” is:
a. Any grant, contract, loan, professional license, or commercial license provided by an agency of the United States or by appropriated funds of the United States; or
b. Any retirement, welfare, health, disability, public or assisted housing, post-secondary education, food assistance, unemployment benefit, or any other similar benefit for which payments or assistance are provided to an individual, household, or family eligibility unit by an agency of the United States or by appropriated funds of the United States.
Subject to the list of exceptions set forth below, Title IV of the Act precludes all aliens who are not “qualified aliens” from receiving any “federal public benefit.” In determining whether a program provides a “federal public benefit,” you should first consider whether the program provides one of the benefits expressly enumerated in either (a) or (b) above. Under (a), if your program provides a “grant,” “contract,” “loan,” “professional license,” or “commercial license” to an individual, either through a U.S. agency or with U.S. appropriated funds, then you provide a “federal public benefit.” If you do not provide a benefit of the type enumerated in (a), you should then go on to consider whether your program provides a benefit covered by (b).
To fall within (b), the benefit provided by your program must be one of the types of benefits described (“retirement,” “welfare,” “health,” “disability,” “public or assisted housing,” “post-secondary education,” “food assistance,” “unemployment benefit,” or “any other similar benefit”), it must be “provided by an agency of the United States or by appropriated funds of the United States,” and it must be provided to one of the enumerated categories of recipients (an “individual household, or family eligibility unit”). Thus, for example, if you provide an “unemployment benefit” to an “individual, household, or family eligibility unit” using “appropriated funds of the United States,” the definition is satisfied. In contrast, if you provide generally available services such as fire or ambulance services, or do not provide benefits to an “individual, household, or family eligibility unit,” or do not provide benefits through an “agency of the United States” or with “appropriated funds of the United States,” the definition does not apply.
If your program provides payments or assistance to an individual, household or family eligibility unit through a U.S. agency or by U.S. appropriated funds, but the benefits are not expressly enumerated above, you should consider whether the benefits are “similiar” to one of the benefits enumerated in (b). If you believe that the benefit is arguably similar to an enumerated benefit, you should consult with the federal agency or department that oversees your program to confirm that the benefit constitutes a federal public benefit covered by the Act.
Finally, you should consider who is actually receiving the benefits that you provide. Although the Act prohibits certain aliens from receiving non-exempted “federal public benefits,” it does not prohibit governmental or private entities from receiving federal public benefits that they might then use to provide assistance to aliens, so long as the benefit ultimately provided to the non-qualified aliens does not itself constitute a “federal public benefit.” Thus, if a local agency were to receive a “grant” (which is expressly identified as a federal public benefit), but the agency uses it to provide police services, fire protection or crime victim counseling (which are not federal public benefits under the Act’s definition because they are not similar to an enumerated benefit), the prohibition would not apply. Similarly, if you provide a “grant” to a community organization (which is not an “individual, household or family eligibility unit”) that uses the funds to build a library or renovate a park (which are not federal public benefits under the Act’s definition), the prohibition would not apply. In contrast, if the agency uses the “grant” to provide a “federal public benefit”–e.g., a “loan” or “welfare” payment to a poor “individual, household or family eligibility unit”–then the prohibition would apply and non-qualified aliens would be ineligible for such benefits.
Exceptions: The Act’s verification requirements do not apply to all “federal public benefits,” as the Act specifically exempts certain types of benefits. If a program provides “federal public benefits” that fall within one of the following exceptions, the program provider is not required by this Act to, and should not attempt to, verify an applicant’s immigration status, unless otherwise required or authorized to do so by federal law, except to the extent necessary to determine whether the exemption applies:
• Benefits covered by Attorney General Order No. 2049, 61 FR 45985 (1996), or any subsequent order, re: government-funded community programs, services or assistance that are necessary for protection of life or safety;
• Any wages, pensions, annuities, or other earned payments to which an alien is entitled as a result of federal, state, or local government employment, provided that the alien is not residing or present in the United States and provided that the employment was not prohibited under the immigration laws;
• Any veterans benefits to which an alien is entitled, provided that the alien is not residing or present in the United States;
• Any contract, professional license, or commercial license for a nonimmigrant whose visa for entry is related to such employment in the U.S.;
• Any contract, professional license, or commercial license for a citizen of a freely associated state (Palau, the Federated States of Micronesia, and the Marshall Islands), if section 141 of the applicable compact of free association is in effect;
• Any benefits that the U.S. is required to pay under the reciprocal treaty agreements listed in the forthcoming Attorney General Order to a work authorized nonimmigrant or alien lawfully admitted for permanent residence qualified for such benefits;
• Medical assistance under Title XIX of the Social Security Act (or any successor program to such Title) for care and services that are necessary for the treatment of an emergency medical condition (as defined in section 1903(v)(3) of such Act) of the alien involved and that are not related to an organ transplant procedure, if the alien involved otherwise meets the eligibility requirements for medical assistance under the state plan approved under such Title (other than the requirement of the receipt of aid or assistance under Title IV of such Act, SSI benefits under Title XVI of such Act, or a state supplementary payment);
• Short-term, non-cash, in-kind emergency disaster relief;
• Public health assistance (not including any assistance under Title XIX of the Social Security Act) for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease;
• Programs for housing or community development assistance or financial assistance administered by the Secretary of Housing and Urban Development (“HUD”), any program under Title V of the Housing Act of 1949, or any assistance under section 306C of the Consolidated Farm and Rural Development Act, to the extent that the alien is receiving such a benefit on August 22, 1996;
• Any benefit payable under Title II of the Social Security Act to which entitlement is based on an application filed on or before August 31, 1996, and any benefit covered by Attorney General Order No. 2054, 61 FR 47039 (1996), re: benefits payable under Title II of the Social Security Act to an alien who is lawfully present in the U.S.;
• Any benefit the nonpayment of which would contravene an international agreement described in section 233 of the Social Security Act (an agreement establishing totalization arrangements between the social security system of the U.S. and that of any foreign country which establishes entitlement to and the amount of old-age, survivors, disability, or derivative benefits based on an individual’s coverage under both systems);
• Any benefit the nonpayment of which would be contrary to section 202(t) of the Social Security Act;
• Any benefit under the school lunch program under the National School Lunch Act, 42 U.S.C. 1751 et seq., or the school breakfast program under section 4 of the Child Nutrition Act of 1966, 42 U.S.C. 1773, provided to an individual who is eligible to receive free public education benefits under state or local law;
• Any benefit payable under Title XVIII of the Social Security Act (relating to the Medicare program) to an alien who is lawfully present in the U.S., as determined by the Attorney General, provided that, with respect to the attribution of the alien’s wages for purposes of eligibility for benefits payable under Part A of such program, the alien was authorized to be employed; and
• Any benefit payable under the Railroad Retirement Act of 1974 or the Railroad Unemployment Insurance Act to an alien who is lawfully present in the U.S., as determined by the Attorney General, or to an alien residing outside the U.S.
State Option: Each State may, but is not required to, provide benefits under programs established under the laws listed below to individuals who are not U.S. citizens, U.S. non-citizen nationals or qualified aliens. You should determine whether your State is providing such benefits to all persons, regardless of citizenship, alienage or immigration status, or whether it is providing them only to U.S. citizens, U.S. non-citizen nationals and qualified aliens. If your State is providing such benefits to all persons, you should not verify citizenship or immigration status; if it is limiting such benefits to citizens, non-citizen nationals and qualified aliens, you may want to use the Interim Guidance, in consultation with state and local authorities, to verify citizenship and immigration status.
• Programs (other than the school lunch program and the school breakfast program) under the National School Lunch Act, 42 U.S.C. 1751 et seq., and the Child Nutrition Act of 1966, 42 U.S.C. 1771 et seq.;
• Section 4 of the Agriculture and Consumer Protection Act of 1973, 7 U.S.C. 612c note;
• The Emergency Food Assistance Act of 1983, 7 U.S.C. 7501 et seq.; and
• The food distribution program on Indian reservations established under section 4(b) of the Food Stamp Act of 1977, 7 U.S.C. 2013(b).
Attachments
Attachment 1- Local INS Office Addresses

Attachment 2 – Nondiscrimination Advisory

Attachment 4 – Interim Guidance Documentary Evidence of Status as a U.S. Non-Citizen National

Attachment 5 – Interim Guidance–Documentary Evidence of Status as A “Qualified Alien” Eligible for Federal Public Benefits

Attachment 6 – Interim Guidance–Documentary Evidence for Excepted Categories of Aliens Eligible for SSI, Food Stamps, TANF, Medicaid, and Programs Funded by a Social Services Block Grant

Attachment 7 – Interim Guidance; Federal Means-Tested Public Benefits

Roswell City Council member gets it: Guest editorial BeaconQuest.com

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Beaconcast.com Roswell, Ga.

GUESTEDITORIAL

No Simple Immigration Solution for Roswell

publication date: Mar 21, 2009

________________________________________

By Councilwoman Lori Henry

As a member of the Roswell City Council, I receive a quite a number of calls and emails from constituents on matters of concern to them. You might think that the most frequently voiced concern would involve zoning issues or code violations, but it’s not. The category of complaints that far outstrips all others is illegal immigration. Some who contact me on the subject are local business people who say that the presence of loitering illegal immigrants keeps customers away and devalues their property. I’ve heard from realtors who say that prospective homebuyers are turned off on moving to Roswell when they see loiterers clustered about shopping centers and along our city streets. I have heard from constituents who have been victims of traffic accidents with illegal immigrants who are not licensed to drive and lack insurance. They want to know why the city allows people to roam our streets who are not here legally.

Others complain about having to wait in crowded hospital emergency rooms behind people they believe are illegal immigrants who use emergency services as a source of “free” primary healthcare. Parents tell how their children are in overcrowded classrooms because the sons and daughters of illegal immigrants, who do not speak English, come and go in droves as their parents move in and out of the community. Homeowners complain that single residences with two or three bedrooms in their neighborhood are being used to house sometimes as many as fifteen or twenty adults.

These are real concerns. The city is taking every action within the law to remedy the problem, yet there is so much more that can be done and needs to be done. Unfortunately, local city councils, county commissions, school boards, and even hospital administrators’ hands are often tied. We must encourage and support legislation by our elected officials serving at the state and federal level that promises to stem the tide of this of illegal activity before it brings our both our local communities and our great nation to its knees. As citizens we all must encourage and support federal and state-funded initiatives that invest greater authority with local elected officials. As the spring planting season arrives, please be mindful of the part you play and remember that these folks will not be standing on street corners looking for work if there is no work to be found. Then and only then will we see real change. If you hire them, they will keep coming and coming.

We will continue to struggle with this issue, as there are no easy answers. Please remember that there are many immigrants living in Roswell who are here legally and as the city takes steps to discourage illegal immigrants, it is important that we let those here lawfully know they are welcome and embraced.

Personally, I can empathize with those who come to the US without permission because for the most part, they too are here seeking work and to make a better life for their families and for themselves. In the end, however, if we are not a nation based on the primacy of law, we will lose that which underpins all that we cherish most about our country and culture.

So to those who read my words who are here legally from another land, you can be assured that Roswell wants you here. To those who are here without sanction, my message is simply this: go home and come back through the front door. You will know it when you see it. It’s right there by the welcome mat. And it’s the law.

Beaconcast Media Companies, Inc. HERE

GALEO posts an objection to English tests for drivers licenses and in the process admits the obvious: In the USA, drivers licenses are more than just permission to drive. Muchas Gracias Jerry Gonzalez

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Thank you Gerardo!

“It is also important to stress that licenses are more than just for driving, but a primary and necessary method for people to be identified. A driver’s license is often times used for simple business and governmental transactions”.

HERE

I don’t type this often, but: HA HA HA HA HA LOL.

Ellen Howe in Atlanta regards enforcement of immigration law as “HATE”

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And from the mail bag…
Contact

The following person contacted us at TheDustinInmanSociety.org on March 28, 2009:

Name:
Ellen F. Howe
Address:
Atlanta, GA 30328
Email address:
“Ellen Howe” Members of the Justin Inman Society,

I suppose that none of your members are Christians, because Jesus teaches us to love everyone, and you seem to endorse a great deal of hate.
Ellen Howe

—–
From: “D.A. King”
To: “Ellen Howe” *******************
Sent: Saturday, March 28, 2009 4:19 PM
Subject: Re: Contact from TheDustinInmanSociety.org

Thanks for taking the time to write Ms. Howe. No ma’am we hate no one and most of us are Christians, some of us are Jewish and other religions – but all of us recognize that our country must secure our borders and equally apply the law – even our immigration law.

We believe that jobs and benefits in the USA should only go to people who are here lawfully.

Like they do it in Mexico.

We also are of the opinion that immigration numbers into our nation should be reasonable, sustainable and benefit our country, not another.

We recognize that many people who cannot form a reasonable or coherent argument against that concept resort to name calling.

None of us think loving the nation our grandfathers struggled to pass on to us is “hate”.

For a good example of hate, we send you HERE.

(and HERE )

I hope that you will reconsider your outlook.

I will post your letter and my response so that others may have a chance to see your opinion.

Respectfully,
D.A. King

March 30, 2009

SB 67 passes the Georgia House – so does SB 20

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HERE for info on SB 67 passage from the AP.

More to come.

Americans win two more!

IT’S BAAAAACK! Like all amnesties – the DREAM ACT RETURNS Below from LA RAZA

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DO THE OPPOSITE!!!

DO THE OPPOSITE!!

The DREAM ACT AMNESTY IS BACK…KILL IT AGAIN

The below is from the National Council of The Race ( La Raza)

Dear Friends:

On March 26, 2009, the “Development, Relief, and Education for Alien Minors (DREAM) Act” was introduced in both the House and the Senate. Opponents of the Act are already starting to flood Congress with messages and phone calls, unleashing their unrestrained fury. Show them that your voice cannot be drowned out. Express your support of the DREAM Act now by sending a message to your members of Congress and urging them to cosponsor the DREAM Act!

“The National Council of La Raza (NCLR) remains committed to advancing the DREAM Act as a part of comprehensive immigration reform. We see this as the first step in the upcoming immigration debate in Congress. Our country is deprived when hardworking immigrant youth are unable to pursue a college education and contribute to our economy. These students have extraordinary potential, and we must cultivate it to address the challenges before us,” said Janet Murguía, NCLR President and CEO.

It is only with your help that we will succeed. NCLR and our allies have already launched a wave of phone calls and faxes in support of the DREAM Act. Help us build more strength by sending an email to your member of Congress now! Forward this message to five of your friends. ( NOTE FROM D.A. – KILL THE DREAM ACT AMNESTY AGAIN! GO TO www.NUMBERSUSA.com to help kill this amnesty!)

Thank you for your support!

Sincerely,

Amnesty lobby wants an end to enforcement of American immigration laws # 2 gazilion – don’t miss the photo

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Boston Globe

Marchers urge end to immigrants’ jailing

More than 300 demonstrators, waving signs and wearing green-foam Statue of Liberty crowns, converged [last week] near the John F. Kennedy federal building to protest a surge in the number of [illegal aliens] who are jailed pending deportation…

[See Tantrum Watch]

Amnesty International USA, which organized the rally along with the MIRA Coalition, the ACLU, and others, said it is launching a nationwide campaign to push officials and judges to stop holding immigrants except in extraordinary cases, citing concerns about detainees’ access to healthcare and legal services. At least 74 immigrants have died in detention in the past five years, organizers said HERE

Illegal alien slams truck into SUV, 3 killed

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Milwaukee Journal Sentinel

Illegal alien slams truck into SUV, 3 killed

Karl Ziebart died traveling to a place he loved – his church. — On Sunday, the 42-year-old Richfield man; his 9-year-old son, Luke; and a 12-year-old girl from another family were killed when the SUV in which they were riding was hit by a truck that slid across an icy road… [See Crime Watch]

HERE

GMA The Georgia Municipal Association fights legislation aimed at enforcement of U.S. immigration laws

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Georgia Municipal Association (GMA) still opposed to HB 2 and SB 20

I just came from the Georgia Capitol

CALLS NEEDED

Note: Georgia Municipal Association (GMA) not only is actively lobbying against the passage of HB 2 in the Capitol as you read this, but that very powerful non-profit organization has also joined forces with the ACLU and MALDEF and GALEO to oppose SB 20. Authored by Senator Chip Pearson, SB 20 would make it illegal under state law for a Georgia city or any local government to violate existing federal law in adapting a sanctuary policy for illegal aliens. SEE HERE

Give them a call if you want and ask why they are fighting so hard to stop enforcement of our immigration laws. GMA legislative policy is run by a man named Lamar Norton.

Sanctuary policies cost lives.

From GMA Website:

Immigration Verification Statutes: Grantees to Submit Written Compliance
House Bill 2, Rep. Tom Rice (R-Norcross)
GMA Position: Oppose
Contact: Ted Baggett, tbaggett@gmanet.com, (678) 686-6210
Status: Pending in the Senate Rules Committee.

HB 2 would require that recipients of LARP funds specify to DOT in writing their compliance with e-Verify and SAVE programs provisions. These programs require verification of legal status of employees and public benefit recipients respectively.

Immigration Verification Mandates: Loss of Funding
Senate Bill 20, Sen. Chip Pearson (R-Dawsonville)
GMA Position: Oppose
Contact: Lamar Norton, lnorton@gmanet.com, (678) 686-6273
Status: Pending in the House Rules Committee.

SB 20 would allow the withholding of all state and state administered federal funds from cities if cities adopt policies that “prohibit or restrict local officials from communicating or cooperating with federal officials or law enforcement officers” in regards to immigration issues. No cities in Georgia are currently enacting sanctuary policies.
———————

ADD GMA to the long list of members of the illegal alien/open borders lobby

March 29, 2009

Investor’s Business Daily Editorial –

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Investor’s Business Daily Editorial

Sour grapes over the MALDEF radical Obama threw under the bus

The open-borders crowd is angry the president ditched its radical choice to run the nation’s civil-rights division. And it’s blaming this paper for his “faintheartedness.” — Obama was expected to appoint Thomas Saenz as his top civil-rights cop at the Justice Department, where he would have had power to investigate issues related to illegal immigration…

In fact, Saenz’s former employer, the Mexican American Legal Defense and Educational Fund, or Maldef, was founded by three self-described “radical” Chicanos, according to the San Antonio Express-News.

One of them is Mexican-American Mario Obledo, who in 1998 made the following racist statement on a Los Angeles radio show, as confirmed by Snopes.com:

“We’re going to take over all the political institutions of California. California is going to become a Hispanic state, and if anyone doesn’t like it, they should leave. They ought to go back to Europe.”

That same year, Maldef honored Obledo at a California banquet celebrating his years of leadership.

HERE

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