Iraqi and Afghan Citizens Entitled to Special Refugee Status

March 10, 2010

Author: Barbara Weiner | Catherine M. Callery (Kate) | Louise M. Tarantino

Effective December 19, 2009, the five year bar for food stamps, TANF, SSI and federal Medicaid eligibility no longer applies to Iraqi and Afghan citizens who entered the U.S. with Special Immigrant Visas rather than as refugees or asylees.  Prior to this date, their eligibility for these federal means tested benefits had been limited to a period of eight months.  They are now to be treated the same as refugees and asylees for benefit purposes by virtue of an amendment contained in the Department of Defense Appropriation Act of 2010 (P.L. 111-118).

To date, the only acknowledgment of this change in the eligibility of Iraqi and Afghan Special Immigrants for benefits that we are aware of has been issued by the Food and Nutrition Service (FNS) of USDA, available at http://www.fns.usda.gov/snap/rules/Memo/2010/020110a.pdf.

The New York Office of Temporary and Disability Assistance (OTDA) has not yet issued directions to the local Social Services Districts on how to implement this expansion of eligibility to Iraqi and Afghan Special Immigrants.

We encourage advocates to search their own files for Iraqi and Afghan clients who may have been cut off from food stamps or SSI after eight months and encourage them to reapply.  Those who are currently receiving benefits but have been notified that their benefits will cease because of the eight month time limit should appeal such terminations.  If you have any questions, feel free to contact Barbara Weiner at the Empire Justice Center.  As soon as we are made aware of additional implementation guidance, we will let you know.