Noncitizens in the United States

Introduction to Noncitizens Legislation

The 1996 welfare “reform” law severely restricted SSI eligibility for noncitizens. Although legislation in 1997 restored some of the cuts in immigrant eligibility, many of the restrictions remained.

The Situation in 2004

In 2004, refugees, asylees and other “humanitarian” immigrants who entered the U.S. on or after August 22, 1996 were eligible for SSI, but only for 7 years from the date they got their refugee, asylee or other status. Similarly, elderly refugees, asylees and other who entered the U.S. before 8/22/96 but were not disabled under Social Security’s rules were limited to 7 years of SSI. At the end of the 7 years, these immigrants would only be eligible for SSI if they become U.S. citizens or get Lawful Permanent Resident (green card) status and earn 40 Quarters of Coverage through work.

At the time Congress enacted the 7-year limit, the theory was that 7 years was sufficient time to
allow these immigrants to become U.S. citizens. The reality was very different. Because there were limits on the number of asylees who can adjust to LPR status each year, it take 8-10 years
for asylees just to become LPRs. It can take another 2-3 years for an LPR to become a U.S.
citizen. As a result of these delays, many immigrants on time-limited SSI benefits lose their
SSI years before they can become eligible for SSI again.

In August 2003, SSA issued the following projections of the number of immigrants facing the 7-
year limit, by Year and Number Losing SSI Eligibility:

• 2003: 5331
• 2004: 8317
• 2005: 7140
• 2006: 7689
• 2007: 9817
• 2008: 5545
• 2009: 2434

Proposals emerged to try to deal with this problem.

Resources

Further Reading

• Information about Noncitizens in the Gale Encyclopedia of American Law.