MEMORANDUM

DISCUSSION:

In response to the earthquake disaster in Haiti, the Office of Refugee Resettlement (ORR) and the Centers for Medicare and Medicaid Services (CMS) has issued guidance for State Medicaid Agencies to assist with Cuban and Haitian entrants arriving in the United States from Haiti as a result of the earthquake and subsequent humanitarian disaster, who apply for assistance. The USDA Food and Nutrition Service has issued guidance regarding Haitain orphans.

This memorandum is clarification of existing policy; there is no change in policy.  Process applications received for earthquake disaster victims using normal case processing procedures.

MO HealthNet/Temporary Assistance Eligibility for Haitian Entrants

Haitian nationals who meet the definition of “Cuban and Haitian entrant” are considered qualified aliens for purposes of determining MO HealthNet and Temporary Assistance (TA) eligibility. Cuban and Haitian entrants entering the United States on or after August 22, 1996 are eligible for MO HealthNet/TA with no waiting period to obtain eligibility.

Food Stamp Eligibility for Haitian Entrants

The guidance from FNS is specific to Haitian Orphans. In most cases the orphans will be under the age of 18 so they will meet eligibility guidelines. They are already qualified immigrants and the fact that they are children makes them eligible immigrants. They are not subject to sponsor deeming and have no waiting period. If granted under humanitarian parole status the orphans will have an INS form I-94 indicating they were paroled into the U.S. on or after 1/12/10. Some may have immigrant visas and will enter as aliens lawfully admitted for permanent residence – they are qualified alien children and are eligible for Food Stamps with no waiting period.

Haitian entrants continue to be eligible for Food Stamp benefits as defined in Food Stamp Manual section 1105.010.10.15 Refugees, Amerasians, Asylees, Cuban/Haitian Entrants, and Deportees.

Cuban/Haitian Entrant Definition

A Haitian national meets the definition of “Cuban and Haitian entrant” if he or she:

1. Was granted parole status as a Cuban/Haitian entrant (status pending) on or after April 21, 1980 or has been paroled into the United States on or after October 10, 1980; or
2. Is the subject of removal, deportation or exclusion proceedings under the Immigration and Nationality Act and for whom a final, non-appealable, and legally enforceable order of removal, deportation or exclusion has not been entered; or
3. Has an application for asylum pending with the Department of Homeland Security and for whom a final, non-appealable, and legally enforceable order of removal, deportation or exclusion has not been entered.

Cuban/Haitian Entrant Documentation

A Haitian national must provide acceptable documentation showing that he or she meets the definition of “Cuban and Haitian entrant” under one of the above categories.

Acceptable documentation of status:

1. An I-94 Arrival/departure card with a stamp showing parole into the U.S., on or after April 21, 1980; or I-94 Arrival/departure card with a stamp showing parole at any time as a “Cuban/Haitian Entrant (status pending)”; or CH6 adjustment code on the I-551; or a Cuban or Haitian passport with a 212(d)(5) stamp dated after October 10, 1980.
2. Department of Homeland Security (DHS) Form I-221; or DHS Form I-862; or DHS Form I-220A; or DHS I-122; or DHS Form I-221S; or Copy of DHS Form I-589 date stamped by the Executive Office for Immigration Review (EOIR); or Copy of DHS Form I-485 date stamped by EOIR; or EOIR-26; or I-766 Employment Authorization Document with the code C10; or I-688B Employment Authorization Document with the provision of law 274a.12(c)(10); or other applications for relief that have been date stamped by EOIR; or other documentation pertaining to an applicant’s removal, exclusion or deportation proceedings.
3. DHS receipt for filing Form I-589; or I-766 Employment Authorization document with the code C08; or I-688B Employment Authorization Document with the provision of law 274a.12(c)(8).

NOTE:  Persons admitted on B2 visas are not qualified aliens, or lawfully residing in the U.S. under section 214 of CHIPRA and are not eligible for benefits as a Cuban/Haitian Entrant.

The Family Healthcare Manual Section 0905. 010.30.25 and Temporary Assistance Manual Section 0205.040.05.25 are updated to include this clarification.

Refer to the Q & As for State Medicaid Agencies, The Haitian Earthquake Crisis for further information and guidance regarding Cuban/Haitian entrants.

 

Contact Program and Policy through normal supervisory channels for further clarification or guidance as needed on a case-by-case basis.

 

NECESSARY ACTION:

• Review this memorandum with all appropriate staff.
• Follow existing Cuban/Haitian entrant policy.
• Contact Program and Policy as needed.

TM/JM/AR