State Policies on Immigrant Eligibility for Temporary Assistance for Needy Families (TANF)

CRS Report for Congress
State Policies on Immigrant Eligibility for
Temporary Assistance for Needy Families (TANF)
April 23, 2004
Ruth Ellen Wasem
Specialist in Social Legislation
Domestic Social Policy Division


Congressional Research Service ˜ The Library of Congress

State Policies on Immigrant Eligibility for Temporary
Assistance for Needy Families (TANF)
Summary
The eligibility of immigrants for major public assistance programs is an ongoing
issue in Congress. Prior to 1996, immigrants, i.e., legal permanent residents (LPRs),
were eligible for federal public assistance under terms comparable to citizens, and
states were not permitted to restrict access to federal programs on the basis of
immigration status. The Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (P.L. 104-193) — the original law authorizing the
Temporary Assistance for Needy Families (TANF) program — dramatically changed
noncitizen eligibility for public assistance. It restricted the eligibility of LPRs,
refugees, asylees, and other noncitizens for all means-tested public aid. Aliens in the
United States without authorization, commonly referred to as “illegal aliens,”
remained ineligible for federal public assistance. As Congress considers the
reauthorization of the welfare reform law, the issue of state options to restrict or
expand assistance to immigrants arises.
The 1996 welfare reform act gave states several options of placing further
restrictions on noncitizen eligibility or of expanding benefits to noncitizens. LPRs
who entered the United States after August 22, 1996, are barred from TANF for five
years, after which their coverage becomes a state option. This five-year bar,
however, does not apply to LPRs who entered the United States as refugees and
asylees. Refugees and asylees who meet the other program criteria are eligible for
TANF for the first five years they are in the United States. After this period of time,
refugees and asylees are only eligible for TANF at state option.
Many states have been exercising one or more of these options to extend
coverage to certain classes of LPRs. As of December 2002, 34 states reported that
they are exercising the option to provide TANF to LPRs after the five-year bar ends.
Thirty-five states reported that they have exercised the option to provide TANF to
LPRs present in the United States before August 1996. Furthermore, 34 states
reported that they provide TANF to asylees and refugees who were residing in the
United States at the time of the welfare reform act’s passage in 1996. Only 27 states,
however, reported that they provide TANF to asylees and refugees who have
surpassed the five-year limit for TANF.
In terms of funding, 27 states and Washington, D.C. reported that they used their
own funds as well as federal funds in 2000 and 2002 to cover the costs of providing
TANF to those LPRs who were in the United States prior to the passage of the 1996
welfare reform act. An important source of funding for state assistance to
noncitizens comes from the TANF “maintenance of effort” (MOE) requirement. In
2002, 17 states reported using their state MOE money to provide public assistance
to newly arriving LPRs who are barred from federal TANF for the first five years.
Six states reported using their state MOE money in 2002 to provide TANF to LPRs
who had exhausted their eligibility or were currently barred. Eight states reported
contributing their state MOE money in 2002 to a separate program for those LPRs
who were excluded or whose eligibility had expired. This report may be updated if
new data become available.



Contents
Background ......................................................1
In troduction ..................................................1
Current Federal Eligibility Policy.................................2
Legal Permanent Residents by State...............................3
State Policies and Funding...........................................5
Options Under TANF..........................................5
State Policies in 2000 and 2002...................................5
Funding Sources for Noncitizens..................................9
Noncitizen Receipt of TANF........................................13
Trends Over Time............................................13
Trends by State...............................................14
List of Figures
Figure 1. Noncitizens as a Percentage of Adult TANF Recipients,
FY1989-FY2001 .............................................14
List of Tables
Table 1. Legal Permanent Residents (LPRs) Admitted FY1988-FY2002
by State of Intended Residence...................................4
Table 2. Summary of State Policies on LPR Eligibility for TANF:
2000 and 2002................................................6
Table 3. Summary of State Policies on Asylee and Refugee Eligibility
for TANF: 2000 and 2002......................................8
Table 4. Use of State and Federal Funding for Optional TANF
Assistance to Noncitizens by State, 2000 and 2002..................10
Table 5. State Use of MOE Funds in 2002 to Assist Noncitizens During
Periods of Federal Ineligibility and Optional State Eligibility...........12
Table 6. Percentage of Adult TANF Recipients Who Are Noncitizens
by State, FY2001.............................................15



State Policies on Immigrant Eligibility
for Temporary Assistance for
Needy Families (TANF)
Background
Introduction
Immigrant eligibility for major public assistance programs is an ongoing issue
in Congress.1 Prior to 1996, legal permanent residents (LPRs) were eligible for
federal public assistance under terms comparable to citizens, and states were not
permitted to restrict access to federal programs on the basis of immigration status.
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L.
104-193) — the original law authorizing the Temporary Assistance for Needy
Families (TANF) program — dramatically changed noncitizen eligibility for public
assistance. It restricted the eligibility of LPRs, refugees, asylees, and other
noncitizens for means-tested public aid. These provisions ranged from categorical
eligibility bars to new rules governing aliens with sponsors and their sponsors’
responsibilities.2 Aliens in the United States without authorization, commonly
referred to as “illegal aliens,” remained ineligible federal public assistance.
Although the federal government retains exclusive responsibility for
immigration policy, federal law now permits states to differentiate among types of
noncitizens when setting welfare policy. The 1996 welfare reform act gave states
several options of placing further restrictions on noncitizen eligibility. It also gave
them options of expanding benefits to noncitizens.3 As Congress considers the


1 For a full discussion of this debate, see CRS Report RL31114, Noncitizen Eligibility for
Major Federal Public Assistance Programs: Policies and Legislation, by Ruth Ellen
Wasem.
2 See CRS Report RS21470, Noncitizen Eligibility For Major Federal Public Assistance
Programs: Legal Concepts, by Alison Smith.
3 Noncitizen is synonymous with alien and refers to all foreign-born persons in the United
States who have not become citizens. The two basic types of legal aliens are immigrants
and nonimmigrants. Immigrants are admitted as legal permanent residents (LPRs) of the
United States. Nonimmigrants — such as tourists, foreign students, and diplomats — are
admitted for a specific purpose and a temporary period of time. Illegal aliens or
unauthorized aliens are those noncitizens who either entered the United States
surreptitiously (i.e., entered without inspection), or who violated the terms of their
nonimmigrant visas. See CRS Report RS20916, Immigration and Naturalization
Fundamentals, by Ruth Ellen Wasem.

reauthorization of the welfare reform law, the issue of state options to restrict or
expand assistance to noncitzens arises.
After outlining the options states have to cover noncitzens under TANF and
presenting data on the number of LPRs in each state, this report studies whether and
which states have exercised these options regarding noncitizen eligibility for TANF.
It investigates how states are funding the assistance provided to noncitizens, and also
analyzes TANF receipt by state.
Current Federal Eligibility Policy
Under current law, noncitizens’ eligibility for TANF largely depends on their
immigration status and whether they arrived (or were on a program’s rolls) before
August 22, 1996, the enactment date of P.L. 104-193. The TANF eligibility policies
laid out by the 1996 welfare reform act remain essentially unchanged for noncitizens
entering after its enactment. The basic federal rules are as follows:4
!LPRs who entered the United States after August 22, 1996, are
barred from TANF for five years, after which their coverage
becomes a state option.5
!LPRs with a substantial work history — generally 10 years (40
quarters) of work documented by Social Security or other
employment records — or a military connection (active duty military
personnel, veterans, and their families) are eligible for TANF.
!Refugees and asylees are eligible for TANF for five years after
entering the United States.6 After this five-year term, refugees and
asylees may be eligible, at state option, for TANF.7


4 CRS Report RL31114, Noncitizen Eligibility for Major Federal Public Assistance
Programs: Policies and Legislation, by Ruth Ellen Wasem, lays out these rules in more
detail — including special rules that apply to several limited noncitizen categories: certain
“cross-border” American Indians, Hmong/Highland Laotians, parolees and conditional
entrants, and cases of abuse.
5 This five-year ban on eligibility for new entrants also applies to a program closely related
to the Medicaid program — the State Children’s Health Insurance Program (SCHIP). It is
the only categorical noncitizen eligibility rule affecting SCHIP.
6 Refugee/asylee treatment is accorded to Cuban/Haitian entrants, certain aliens whose
deportation/removal is withheld for humanitarian purposes, Vietnam-born Amerasians
fathered by U.S. citizens, and victims of human trafficking. For those aliens who arrive in
the United States without one of these forms of humanitarian relief, the five-year period
begins after the date the aliens receive the status.
7 Refugees are admitted from abroad after it is determined that they would be persecuted
or have a well-founded fear of persecution on account of race, religion, nationality,
membership in a particular social group, or political opinion. Asylees are aliens physically
present in the United States who, if returned to their country of origin, would be persecuted
or have a well-founded fear of persecution on account of race, religion, nationality,
membership in a particular social group, or political opinion.

Nonimmigrants (e.g., temporary alien residents) and unauthorized aliens (i.e., illegal
aliens) are barred from TANF, as they were barred from its predecessor, Aid for
Families with Dependent Children.
Legal Permanent Residents by State
The state residential patterns of the almost 14.5 million aliens who became
LPRs in the United States from FY1988 through FY2002 provide a gauge of the
relative effect of these policies across the states. Although a substantial number of
people who are currently LPRs came to the United States before 1988, many others
who came prior to 1988 have become U.S. citizens. All LPRs are eligible to become
citizens through the naturalization process after they have lived here for five years as
LPRs (three years in the case of spouses of U.S. citizens).8 Estimates of the
naturalization rate range from 30% to 49%, and the median number of years between
becoming an LPR and naturalizing as a U.S. citizen varies from eight to 10 years (for
those who opt to naturalize).9
Immigrants are concentrated in several states; indeed over half of all new LPRs
from FY1988 through FY2002 indicated that they intended to live in just three states:
California, New York, and Texas.10 As Table 1 presents, California dominates with
4,561,693 new LPRs, which is 31.5% of all new LPRs during this period. New York
follows with 2,001,439 new LPRs (13.8%). Interestingly, both California and New
York had a slightly smaller percentage of all new LPRs during the 1997-2002 period
(26.1% and 12.8%, respectively) than during 1988-1996 period (34.4% and 14.3%,
respectively), suggesting a somewhat wider dispersion of new LPRs to other states.
Almost 80% of all new LPRs reported their intended state of residence in one of 10
states: California, New York, Texas, Florida, Illinois, New Jersey, Massachusetts,
Virginia, Washington, and Maryland. The only other states with more than 1% of all
new LPRs reporting intended residence are: Pennsylvania, Michigan, Arizona,
Georgia, Connecticut, and Ohio.


8 To naturalize under U.S. immigration law, all LPRs must also show that they have good
moral character, demonstrate the ability to read, write, speak, and understand English, and
pass an examination on U.S. government and history.
9 See U.S. Department of Homeland Security, 2002 Yearbook of Immigration Statistics
(GPO, 2003); and CRS Report 95-298, Naturalization of Immigrants: Policy, Trends and
Issues, by Ruth Ellen Wasem.
10 U.S. Citizenship and Immigrant Services (formerly the Immigration and Naturalization
Service) asks all people as they become LPRs where they intend to live in the United States.

Table 1. Legal Permanent Residents (LPRs) Admitted
FY1988-FY2002 by State of Intended Residence
State of intended1988-19961997-20021988-2002
residence Number Percent N umber P ercent N umber P ercent
Alabama 17,601 0.2% 11,227 0.2% 28,828 0.2%
Alaska 10,643.00 0.1% 7,465 0.1% 18,108 0.1%
Arizona 133,625 1.4% 69,571 1.4% 203,196 1.4%
Arkansas 11,496 0.1% 9,985 0.2% 21,481 0.1%
California 3 ,235,089 34.4% 1,326,604 26.1% 4,561,693 31.5%
Co lo rado 71,185 0.8% 53,773 1.1% 124,958 0.9%
Co nnecticut 89,596 1.0% 59,932 1.2% 149,528 1.0%
Delaware 9,776 0.1% 8,519 0.2% 18,295 0.1%
District of Columbia36,1710.4%16,1920.3%52,3630.4%
Florid a 648,690 6.9% 493,692 9.7% 1,142,382 7.9%
Georgia 104,234 1.1% 87,236 1.7% 191,470 1.3%
Hawaii 71,475 0.8% 34,503 0.7% 105,978 0.7%
Idaho 19,020 0.2% 11,311 0.2% 30,331 0.2%
Illinois 463,326 4.9% 239,973 4.7% 703,299 4.9%
Indiana 32,467 0.3% 28,421 0.6% 60,888 0.4%
Iowa 21,354 0.2% 19,873 0.4% 41,227 0.3%
Kansas 31,305 0.3% 22,396 0.4% 53,701 0.4%
Kentucky 15,945 0.2% 17,711 0.3% 33,656 0.2%
Lo uisiana 34,723 0.4% 17,553 0.3% 52,276 0.4%
Maine 7 ,890 0.1% 5,682 0.1% 13,572 0.1%
Maryland 144,367 1.5% 113,772 2.2% 258,139 1.8%
Massachusetts 205,674 2.2% 132,429 2.6% 338,103 2.3%
Michigan 119,002 1.3% 102,408 2.0% 221,410 1.5%
Minneso ta 62,932 0.7% 54,529 1.1% 117,461 0.8%
Mississippi 8,183 0.1% 6,095 0.1% 14,278 0.1%
Misso uri 37,628 0.4% 34,228 0.7% 71,856 0.5%
Montana 4 ,408 0.0% 2,386 0.0% 6,794 0.0%
Nebraska 15,592 0.2% 14,713 0.3% 30,305 0.2%
Nevada 50,070 0.5% 47,896 0.9% 97,966 0.7%
New Hampshire11,1110.1%10,7570.2%21,8680.2%
New Jersey429,4594.6%268,0245.3%697,4834.8%
New Mexico51,0200.5%19,8330.4%70,8530.5%
New York1,349,18114.3%652,25812.8%2,001,43913.8%
North Carolina62,7190.7%54,2211.1%116,9400.8%
North Dakota4,4980.0%3,0750.1%7,5730.1%
Ohio 78,444 0.8% 60,604 1.2% 139,048 1.0%
Oklaho ma 33,213 0.4% 20,113 0.4% 53,326 0.4%
Oregon 73,736 0.8% 49,147 1.0% 122,883 0.8%
Pennsylvania 140,673 1.5% 99,071 2.0% 239,744 1.7%
Rhode Island27,5530.3%14,9900.3%42,5430.3%
South Carolina19,8520.2%14,4590.3%34,3110.2%
South Dakota3,9740.0%3,2400.1%7,2140.0%
T ennessee 30,548 0.3% 26,580 0.5% 57,128 0.4%
T exas 875,349 9.3% 390,238 7.7% 1,265,587 8.7%
Utah 30,153 0.3% 23,610 0.5% 53,763 0.4%
Vermont 5 ,383 0.1% 4,408 0.1% 9,791 0.1%
Virginia 158,771 1.7% 122,481 2.4% 281,252 1.9%
Washington 158,358 1.7% 115,897 2.3% 274,255 1.9%
West Virginia5,4950.1%3,1310.1%8,6260.1%
Wisconsin 41,962 0.4% 29,974 0.6% 71,936 0.5%
Wyoming 3 ,092 0.0% 1,501 0.0% 4,593 0.0%



State of intended1988-19961997-20021988-2002
residence Number Percent N umber P ercent N umber P ercent
Guam 20,954 0.2% 10,623 0.2% 31,577 0.2%
N. Mariana Islands1,0510.0%7290.0%1,7800.0%
Puerto Rico67,1920.7%20,3620.4%87,5540.6%
U.S. Virgin Islands14,9200.2%7,2180.1%22,1380.2%
Other or unknown4,5180.0%6530.0%5,1710.0%
Total9,416,646 5,077,254 14,493,900
Source: CRS analysis of Department of Homeland Security, Office of Immigration Statistics data.
The LPR data in Table 1 has several limitations, the most obvious being that
“intended residence” does not take into account people who subsequently move. The
data also, as noted earlier, do not include LPRs who arrived before 1988 and do not
exclude LPRs who have since become U.S. citizens.
State Policies and Funding
Options Under TANF
States may permit or prohibit participation by LPRs who entered the United
States before enactment of the welfare law (August 22, 1996) from TANF. LPRs
entering the United States after August 22, 1996, are barred for five years from all
benefits under TANF, food stamps, Medicaid (except emergency medical assistance),
and the Social Services block grant. LPRs ineligible for TANF, however, may
receive state-funded benefits if they meet other program requirements. After five
years, the decision as to whether LPRs may participate in TANF (as well as Medicaid
and the Social Services block grant) rests with the states. Many states, as discussed
below, offer public assistance to LPRs not eligible for federally financed benefits.
The five-year bar discussed previously does not apply to refugees and asylees.
Refugees and asylees who meet the other program criteria are eligible for TANF
benefits for five years. After this period of time, refugees and asylees are eligible for
TANF at state option, provided they are otherwise eligible for TANF.
State Policies in 2000 and 2002
During the fall of 2002 and winter of 2003, the Congressional Research Service
(CRS) conducted the State Noncitizen Eligibility Survey (SNES), a two-phase survey
of state eligibility policies on noncitizen eligibility for public assistance as of
December 2000 and December 2002. CRS sent questionnaires to state officials
responsible for TANF in all 50 states and outlying areas. The nine states and four
outlying areas that did not respond to the TANF portion of SNES are indicated in the
following tables as “NR” for no response. If a state official responded to the survey,
but did not answer a particular question on the survey, it is noted as “skip.”11


11 While under contract with CRS, Shirin Kaleel conducted the State Noncitizen Eligibility
(continued...)

As of December 2002, 34 states and Washington, D.C. reported that they were
exercising the option to provide TANF to LPRs after the five-year bar ends. Thirty-
five states and Washington, D.C. reported that they have exercised the option to
provide TANF to LPRs present in the United States before August 1996. Table 2
summarizes two major options that states may exercise on LPR eligibility for TANF
and whether they opted for these policies in 2000 and 2002. As Table 2 indicates,
there was no noteworthy change in state policies from 2000 to 2002.
Table 2. Summary of State Policies on
LPR Eligibility for TANF: 2000 and 2002
LPRs present in the U.S. on or
after August 22, 1996 and
LPRs present in the U.S. beforefederally barred from TANF for
August 22, 1996 eligible for TANFfive years eligible for TANF after
State or outlyingat state option?the bar expired?
areas 2000 2002 2000 2002
Alabama Yes Yes Yes Yes
Alaska Yes Yes Yes Yes
American SamoaNRNRNRNR
Ar izona Yes Yes Yes Yes
Ar ka nsas Yes Yes Yes Yes
Ca lifornia Yes Yes Yes Yes
Co lo rad o Yes Yes Yes Yes
Co nnecticut Yes Yes Yes Yes
Delawa re NR NR NR NR
District of ColumbiaYesYesYesYes
Florida Yes Yes Yes Yes
Geo r gia Yes Yes Yes Yes
Guam NR NR NR NR
Hawa ii No No Skip Skip
I d a ho N o N o S ki p S ki p
I llino is Y es Yes Y es Yes
Indiana NR NR NR NR
Io wa Yes Yes Yes Yes
Kansas Yes Yes Yes Yes
K e nt uc ky Y e s Y e s Y e s Y e s
Lo uisiana Yes Yes Yes Yes
Maine N R N R N R N R
Maryland Yes Yes Yes Yes
Massachusetts NR NR NR NR
Michigan NR NR NR NR
Minne so ta Yes Y es Yes Y es
M ississip p i No No Ye s Y e s
M i sso ur i Y e s Y e s S ki p S ki p


11 (...continued)
Survey (SNES). On behalf of CRS, she contacted the designated TANF officials in all 50
states and outlying areas by mail, telephone, and — in many instances — by e-mail. The
state officials had the option of completing the SNES surveys by e-mail or fax. CRS also
extended the initial deadline of Dec. 31, 2002, for eight additional weeks to encourage as
many responses as possible.

LPRs present in the U.S. on or
after August 22, 1996 and
LPRs present in the U.S. beforefederally barred from TANF for
August 22, 1996 eligible for TANFfive years eligible for TANF after
State or outlyingat state option?the bar expired?
areas 2000 2002 2000 2002
Montana Yes Yes No No
Neb r aska NR NR NR NR
Neva d a NR NR NR NR
New HampshireNRNRNRNR
New JerseyNRNRNRNR
New MexicoYesYesYesYes
New YorkYesYesYesYes
North CarolinaYesYesYesYes
North DakotaNoNoYesYes
N. Mariana IslandsNRNRNRNR
Ohio No No Skip Skip
Oklaho ma Yes Yes Yes Yes
Orego n Yes Yes NR Yes
P e nnsyl va ni a Y e s Y e s Y e s Y e s
Puerto RicoNRNRNRNR
Rhode IslandYesYesYesYes
South CarolinaYesYesSkipSkip
South DakotaYesYesYesYes
T e nne sse e Yes Yes Yes Yes
Texas Yes Yes No No
Utah Yes Yes Yes Yes
U.S. Virgin IslandsNoNoSkipSkip
Vermo nt Yes Yes Yes Yes
Virginia Yes Yes Yes Yes
W a shingto n Yes Y es Yes Y es
West VirginiaYesYesYesYes
W i sc o nsin Y e s Ye s Y e s Ye s
Wyoming No No Yes Yes
Source: CRS analysis of the State Noncitizen Eligibility Survey (SNES), Jan. 2003.
As Table 3 indicates, 34 states and Washington, D.C. reported that they provide
TANF to asylees and refugees who were residing in the United States at the time of
the welfare reform act’s passage in 1996. Only 27 states and Washington, D.C.,
however, reported that they provide TANF to asylees and refugees who have
surpassed the five-year limit for TANF and two reported that they did not. It is
important to note that several states skipped this question on the survey. Only West
Virginia reported a change in policy of providing TANF in 2000 but not in 2002 to
asylees and refugees who were residing in the United States at the time of the welfare
reform act’s passage.



Table 3. Summary of State Policies on Asylee and
Refugee Eligibility for TANF: 2000 and 2002
Asylees and refugees present in
the U.S. before August 22, 1996Asylees and refugees federally barred
eligible for TANF at statefrom TANF after first five years
State outlyingoption?eligible for TANF at state option?
areas 2000 2002 2000 2002
Alabama Yes Yes No No
Alaska Yes Yes Yes Yes
American SamoaNRNRNRNR
Ar izona Yes Yes Yes Yes
Ar ka nsa s Y e s Y e s Ski p Ski p
Ca lifornia Yes Yes Yes Yes
Co lo r a d o Yes Y es Skip Yes
Co nnecticut Yes Yes Yes Yes
Delawa re NR NR NR NR
District of ColumbiaYesYesYesYes
Florida Yes Yes Yes Yes
Geo r gia Yes Yes Yes Yes
Guam NR NR NR NR
Hawa ii Skip Skip Skip Skip
I d a ho S ki p S ki p S ki p S ki p
I llino is Y es Yes Y es Yes
Indiana NR NR NR NR
Io wa Yes Yes Yes Yes
Kansas Yes Yes Yes Yes
K e nt uc ky Y e s Y e s Y e s Y e s
Lo uisiana Yes Yes Yes Yes
Maine N R N R N R N R
Maryland Yes Yes Yes Yes
Massachusetts NR NR NR NR
Michigan NR NR NR NR
Minne so ta Yes Y es Yes Y es
Mississip p i Skip Skip Skip Skip
M i sso ur i Y e s Y e s S ki p S ki p
M o nt a na Y e s Y e s S ki p S ki p
Neb r aska NR NR NR NR
Neva d a NR NR NR NR
New HampshireNRNRNRNR
New JerseyNRNRNRNR
New MexicoYesYesYesYes
New YorkYesYesNoNo
North CarolinaYesYesYesYes
North DakotaSkipSkipSkipSkip
N. Mariana IslandsNRNRNRNR
Ohio Skip Skip Skip Skip
Oklaho ma Yes Yes Yes Yes
Orego n Yes Yes Yes Yes
P e nnsyl va ni a Y e s Y e s Y e s Y e s
Puerto RicoNRNRNRNR
Rhode IslandYesYesYesYes
South CarolinaYesYesSkipSkip



Asylees and refugees present in
the U.S. before August 22, 1996Asylees and refugees federally barred
eligible for TANF at statefrom TANF after first five years
State outlyingoption?eligible for TANF at state option?
areas 2000 2002 2000 2002
South DakotaYesYesYesYes
T e nne sse e Yes Yes Yes Yes
T e xa s Y e s Y e s S ki p S ki p
Utah Yes Yes Yes Yes
U.S. Virgin IslandsSkipSkipSkipSkip
Vermo nt Yes Yes Skip Skip
Virginia Yes Yes Yes Yes
W a shingto n Yes Y es Yes Y es
West VirginiaYesNoSkipSkip
W i sc o nsin Y e s Ye s Y e s Ye s
W yo mi ng S ki p S ki p Y e s Y e s
Source: CRS analysis of the State Noncitizen Eligibility Survey (SNES), Jan. 2003.
Funding Sources for Noncitizens
A total of 27 states and Washington, D.C. reported that they used their own
funds as well as federal funds in 2000 and 2002 to cover the costs of providing
TANF to those LPRs who were in the United States prior to the passage of the 1996
welfare reform act. Twenty-six states and the U.S. Virgin Islands reported that they
used their own funds as well as federal funds in 2000 and 2002 to cover the costs of
providing TANF to those LPRs who were excluded (e.g., barred first five years in
U.S.) or whose eligibility had expired (e.g., refugees after five years in U.S.).
Presumably, those LPRs barred from federal TANF (e.g., first five years in the U.S.)
were covered by state funds, and federal funds were used to cover those LPRs whom
the states had the option to cover federally (e.g., refugees after five years in U.S.).
As Table 4 indicates only 22 states reported that they opted to provide TANF to
those LPRs in the United States prior to the passage of the 1996 welfare reform act
as well as those LPRs who were excluded or whose eligibility had expired.



Table 4. Use of State and Federal Funding for Optional
TANF Assistance to Noncitizens by State, 2000 and 2002
Both federal and state TANFBoth federal and state TANF
funds used to assist noncitizensfunds used to assist noncitizens
present in the U.S. beforeafter period of eligibility or during
August 22, 1996period of exclusion
State or outlying areas2000200220002002
Alabama Yes Yes Yes Yes
Alaska Yes Yes Yes Yes
American SamoaNRNRNRNR
Ar izona Yes Yes Yes Yes
Ar ka nsas Yes Yes Yes Yes
Califo r ni a N o N o N o N o
Co lo r a d o Yes Y es Skip No
Co nnecticut No No Yes Yes
Delawa re NR NR NR NR
District of ColumbiaYesYesSkipSkip
Flo r id a N o N o N o N o
Geo r gia Yes Yes Yes Yes
Guam NR NR NR NR
Hawa ii Skip Skip Yes Y es
I d a ho S ki p S ki p S ki p S ki p
I llino is Y es Yes Y es Yes
Indiana NR NR NR NR
Io wa Yes Yes Yes Yes
Kansas Yes Yes Yes Yes
K e nt uc ky Y e s Y e s Y e s Y e s
Lo ui si a na Y e s Y e s S ki p S ki p
Maine N R N R N R N R
Maryland Yes Yes No No
Massachusetts NR NR NR NR
Michigan NR NR NR NR
Minne so ta Yes Y es Yes Y es
Mississip p i Skip Skip Skip Skip
M i sso ur i N o N o Y e s Ye s
Montana Yes Yes Yes Yes
Neb r aska NR NR NR NR
Neva d a NR NR NR NR
New HampshireNRNRNRNR
New JerseyNRNRNRNR
New MexicoYesYesYesYes
New YorkYesYesYesYes
North CarolinaYesYesYesYes
North DakotaSkipSkipSkipSkip
N. Mariana IslandsNRNRNRNR
Ohio Skip Skip Skip Skip
Oklaho ma Yes Yes Yes Yes
Orego n Yes Yes Yes Yes
P e nnsyl va ni a Y e s Y e s Y e s Y e s
Puerto RicoNRNRNRNR
Rhode IslandNoNoYesYes
South CarolinaNoNoSkipSkip



Both federal and state TANFBoth federal and state TANF
funds used to assist noncitizensfunds used to assist noncitizens
present in the U.S. beforeafter period of eligibility or during
August 22, 1996period of exclusion
State or outlying areas2000200220002002
South DakotaYesYesYesYes
T e nne sse e Y e s Y e s N o N o
T e xa s Yes Yes Yes Yes
Utah No No No No
U.S. Virgin IslandsSkipSkipYesYes
Vermo nt Yes Yes Yes Yes
Virginia Yes Yes Yes Yes
W a shingto n Yes Y es Yes Y es
West VirginiaYesYesSkipSkip
W i sc o nsin N o N o N o N o
W yo mi ng S ki p S ki p S ki p S ki p
Source: CRS analysis of the State Noncitizen Eligibility Survey (SNES), Jan. 2003.
An important source of funding for state assistance to noncitizens comes from
the “maintenance of effort” (MOE) requirement. MOE refers to the amount of the
state’s own money it must spend to comply with the TANF requirement that the
states must continue to spend at least 75% of the total they spent in 1994 for the
specific programs that were folded into the TANF block grant. Nationally, the MOE
funds total $10.4 billion, as compared to $16.5 billion in TANF grants. Among the
variety of authorized uses for MOE funds are expenditures for persons ineligible for
TANF because of the citizenship and immigrant rules.12
As of December 2002, 17 states reported using their state MOE money to
provide public assistance to newly arriving LPRs who are barred from federal TANF
for the first five years, as listed in Table 5. Six states reported using their state MOE
money in 2002 to provide TANF to LPRs who had exhausted their eligibility or were
currently barred: California, Colorado, Florida, New York, Utah, and Washington.
Eight states reported contributing their state MOE money in 2002 to a separate
program for those LPRs who were excluded (e.g., barred first five years) or whose
eligibility had expired (e.g., refugees after five years): California, Georgia, Hawaii,
Maryland, Pennsylvania, Tennessee, Utah, and Wisconsin.


12 See CRS Report RL30723, Welfare Reform: Federal Grants and Financing Rules Under
TANF, by Gene Falk; and U.S. Congress, Committee on Ways and Means, 2004 Green
Book, Section 7, “Temporary Assistance for Needy Families,” Mar. 17, 2004.

Table 5. State Use of MOE Funds in 2002 to
Assist Noncitizens During Periods of
Federal Ineligibility and Optional State Eligibility
During five-yearAfter period of eligibilityAfter period of eligibility
federal bar fromor during period ofor during period of
TANF assistedexclusion assisted by stateexclusion assisted by state
State or outlyingby using stateMOE money contributedMOE money contributed
areasMOE money?to the TANF program?to separate program?
Alabama Skip No No
Alaska Skip No No
American SamoaNRNRNR
Ar i z o n a S k i p N o N o
Ar ka nsa s Ski p N o N o
Ca lifornia Yes Yes Yes
Co lo rad o Yes Yes No
Co nne c t i c ut Y e s N o N o
Delawa re NR NR NR
District of ColumbiaSkipSkipSkip
Flo r id a Skip Y es No
Geo r gia Yes No Yes
Guam NR NR NR
Hawa ii Yes No Yes
I d a ho S ki p S ki p S ki p
I llino is N o N o N o
Indiana NR NR NR
Io wa Skip No No
Kansas Skip No No
K e nt uc ky Ski p N o N o
Lo ui si a na S ki p S ki p S ki p
Maine N R N R N R
Maryland Yes No Yes
Massachusetts NR NR NR
Michigan NR NR NR
M i nne so t a Y e s N o N o
M i ssissip p i Skip Skip Skip
Misso ur i Y es No No
M o nt a na S ki p N o N o
Neb r aska NR NR NR
Neva d a NR NR NR
New HampshireNRNRNR
New JerseyNRNRNR
New MexicoNoNoNo
New YorkYesYesNo
North CarolinaNoNoNo
North DakotaSkipSkipSkip
N. Mariana IslandsNRNRNR
Ohio Skip Skip Skip
Oklaho ma Skip No No
Orego n Yes No No
P e nnsyl va ni a Y e s N o Y e s
Puerto RicoNRNRNR
Rhode IslandYesNoNo



During five-yearAfter period of eligibilityAfter period of eligibility
federal bar fromor during period ofor during period of
TANF assistedexclusion assisted by stateexclusion assisted by state
State or outlyingby using stateMOE money contributedMOE money contributed
areasMOE money?to the TANF program?to separate program?
South CarolinaSkipSkipSkip
South DakotaSkipNoNo
T e nne ssee Y es No Yes
T e xa s S ki p N o N o
Utah Yes Yes Yes
U.S. Virgin IslandsSkipNoNo
Vermo nt Yes No No
Vir ginia Skip No No
W a shingto n Yes Y es No
West VirginiaSkipSkipSkip
W i sc o nsin Y e s No Ye s
W yo mi ng S ki p S ki p S ki p
Source: CRS analysis of the State Noncitizen Eligibility Survey (SNES), Jan. 2003.
Noncitizen Receipt of TANF
Trends Over Time
As an annual percentage of total adult TANF recipients, noncitizens who
received Aid for Families with Dependent Children (the predecessor of TANF) rose
from 7.0% in FY1989 to 12.3% in FY1996. The percent of noncitizen adults
receiving TANF dropped slightly to 11.7% in 1999 and ultimately fell to 8.0% in
2001, the most recent year data are available. That many states have exercised one
or more options to extend coverage to certain classes of LPRs has mitigated the
effects of the federal bars enacted in 1996. This trend in receipt of TANF, which
does not include noncitizens assisted by the separate state programs noted above, is
illustrated in Figure 1.



Figure 1. Noncitizens as a Percentage of Adult TANF Recipients,
FY1989-FY2001
P ercent
100
80
60
40
20 12. 3
8. 07. 0
0
1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001
Source: CRS presentation of data published annually by the Adminstration for Children
and Families, DHHS.
Trends by State
California tops the list of states, with 16.9% of its 278,069 TANF recipients
who were noncitizens in 2001, as Table 6 presents. Calculated in terms of
percentage of all adult noncitizens receiving TANF, Californians comprised 41.8%
of adult noncitizens in the United States on TANF in 2001. New York followed
California with 12.3% of its 189,299 recipients who were adult noncitizens or 20.7%
of noncitizens in the United States on TANF. Texas and Minnesota were distant
third and fourth places with 7.4% and 5.2% respectively of adult noncitizens in the
United States on TANF, with 8.9% and 16.8% of their states’ caseload respectively
who were noncitizens. Data presented in Table 6 do not include noncitizens assisted
by the separate state programs in California, Georgia, Hawaii, Maryland,
Pennsylvania, Tennessee, Utah, and Wisconsin.



Table 6. Percentage of Adult TANF Recipients
Who Are Noncitizens by State, FY2001
Percent of state total
StateTotal adultsU.S. citizenNoncitizenUnknown
Alabama 8 ,972 100.0% 0.0% 0.0%
Alaska 5,462 93.9% 6.1% 0.0%
Arizona 18,952 92.4% 7.5% 0.0%
Arkansas 6,957 99.7% 0.3% 0.0%
California 278,069 83.0% 16.9% 0.1%
Co lo rado 6,619 99.7% 0.3% 0.0%
Co nnecticut 16,907 95.7% 4.3% 0.0%
Delaware 3,245 98.9% 1.1% 0.0%
District of Colombia12,14499.1%0.9%0.0%
Florid a 24,823 87.8% 12.2% 0.0%
Georgia 25,608 99.3% 0.6% 0.1%
Hawaii 11,067 98.8% 1.2% 0.0%
Idaho 361 98.0% 2.0% 0.0%
I llino is 3 8 , 4 8 3 9 9 . 1 % 0 . 8 % 0 . 1 %
Indiana 32,539 99.4% 0.6% 0.0%
Iowa 17,584 100.0% 0.0% 0.0%
Kansas 9,496 97.8% 2.2% 0.0%
Kentucky 22,448 98.9% 1.1% 0.0%
Lo uisiana 13,756 99.6% 0.4% 0.0%
Maine 7 ,864 96.3% 3.7% 0.0%
Maryland 17,000 99.0% 1.0% 0.0%
Massachusetts 27,202 87.2% 12.8% 0.0%
Michigan 48,989 96.8% 3.2% 0.0%
Minneso ta 34,851 83.2% 16.8% 0.0%
Mississippi 7,920 100.0% 0.0% 0.0%
Misso uri 34,635 97.3% 2.7% 0.0%
Montana 4 ,782 99.4% 0.4% 0.2%
Nebraska 6,265 96.5% 3.5% 0.0%
Nevada 4,282 94.9% 4.9% 0.2%
New Hampshire4,27496.5%3.5%0.0%
New Jersey27,91595.8%4.2%0.0%
New Mexico17,13692.1%7.9%0.0%
New York189,29984.8%12.3%2.9%
North Carolina21,41496.4%1.4%2.2%
North Dakota2,21697.9%2.1%0.0%
Ohio 50,982 97.7% 2.3% 0.0%
Oklaho ma 8,067 99.6% 0.2% 0.2%
Oregon 8,869 94.0% 4.9% 1.0%
Pennsylvania 58,471 96.9% 3.1% 0.0%
Puerto Rico23,26699.0%1.0%0.0%
Rhode Island12,80885.1%14.9%0.0%
South Carolina9,65599.9%0.1%0.0%
South Dakota1,209100.0%0.0%0.0%
T ennessee 42,456 99.7% 0.3% 0.0%
T exas 93,313 91.1% 8.9% 0.0%
Utah 5,269 95.5% 4.4% 0.1%
Vermont 5 ,183 98.6% 1.4% 0.0%



Percent of state total
StateTotal adultsU.S. citizenNoncitizenUnknown
Virgin Islands67788.9%9.7%1.3%
Virginia 16,788 98.3% 1.7% 0.0%
Washington 43,282 87.0% 11.0% 2.0%
West Virginia12,61299.9%0.1%0.0%
Wisconsin 6 ,149 100.0% 0.0% 0.0%
Wyoming 162 99.8% 0.2% 0.0%
U.S. total1,408,75291.5%8.0%0.5%
Source: CRS presentation of data from National TANF Datafile as of May 15, 2002.
Generally, states with larger shares of LPRs were more likely to have expanded
state-level TANF policies for noncitizens as well as have a greater percentage of their
caseload who were noncitizens. There were, however, some exceptions as noted
above. The level of immigrant enrollment in assistance programs is affected by the
restrictions imposed under the 1996 welfare reform law, by states’ choices to extend
or deny coverage when given the option and, to some degree, by individuals’
perception of their eligibility status and their election to participate or not. Among
the public at large, confusion remains over what classes of noncitizens are eligible
for which programs, in part because the 1996 welfare law used the phrase “qualified
alien” — not a term in immigration law — that encompasses a variety of classes of
noncitizens who must meet additional specified conditions. Moreover, despite
narrowly drawn regulations from the former Immigration and Naturalization Service
(now the U.S. Citizenship and Immigration Services in the Department of Homeland
Security) on what constitutes “public charge,” many believe that receiving public
benefits may adversely affect a noncitizen’s immigration status or potential to
sponsor immigration petitions for family members. These factors may be inhibiting
participation among eligible immigrants.