Number: RS21470
Title: Noncitizen Eligibility for Major Federal Public Assistance Programs: Legal Concepts
Authors: Alison M. Smith, American Law Division 
Abstract: The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 dramatically changed noncitizen eligibility for public assistance. This Act prohibits many classes of noncitizens, legal and illegal aliens alike, from receiving assistance. In addition, states have greater discretion in establishing eligibility for receipt of public benefits. These changes in eligibility rules have required courts to revisit prior case law and determine how principles that were expressed in the context of earlier, simpler regulation of noncitizen benefits apply now. This report reviews the holdings of the major pre-1996 cases, and examines how they are being applied in the new regulatory environment.
Pages: 6
Date: January 30, 2008