MEMORANDUM

DISCUSSION:

On December 19, 2009, the President signed the Department of Defense Appropriations Act of 2010 (Section 8120, P.L. 111-118).  The bill contains the provisions that make Afghan and Iraqi Special Immigrants eligible for resettlement assistance, federal benefits, and entitlements to the same extent and the same periods of time as refugees pursuant to Section 207 of the Immigrations and Nationality Act.  The new legislation supersedes prior legislative authority that limited special immigrants to an eight- month time period.

Eligibility

Effective December 19, 2009, Afghan and Iraqi Special Immigrants are coded as refugees for the purpose of eligibility for the Food Stamp, Temporary Assistance, and MO HealthNet Programs.  Once granted special immigrant status they are considered qualified aliens who are not subject to the five year bar and are eligible for ongoing benefits as a refugee.

Verification

There is no change in determining eligibility for Afghan and Iraqi Special Immigrant status.  Verify the date of entry into the U.S. and current immigrant status of the Afghan and Iraqi Special Immigrants. Verification of the status is provided in the Documentation for Special Immigrants chart, which is available on the FSD Intranet.  Code the Afghan and Iraqi Special Immigrants on the Non-Citizen Information (FMML) screen as REF (Refugee).

Active Refugee Status

A reminder to update immigrant status is no longer required. Individuals with an active refugee status continue to meet refugee status for ongoing assistance without interruption of services.  Do not end the refugee status on the Non-Citizen Information (FMML) screen after eight months.

Eight-Month Period Expired

Persons whose eligibility expired due to the eight-month time period prior to December 19, 2009, must reapply for benefits.

As the reminders are received on active Eligibility Units, change the status to REF – Refugee on the Non-Citizen Information (FMML) screen with the original status date, and complete an eligibility determination.

Program and Policy will notify counties of cases that closed or rejected after December 19, 2009 due to the exhaustion of the eight month eligibility period.  Eligibility must be explored for those that were eligible on all factors other than the expiration of the eight month time limit.  Cancel close/reject cases if within the time frame to do so.  Try to make contact with those that cannot be cancel closed/rejected to see if they wish to reapply for benefits.  Retroactive/restored benefits may be issued to those that wish to reapply and were closed or rejected after December 19, 2009 due to the eight month time limit only, and they met all other eligibility factors.

Food Stamp, Temporary Assistance, and MO HealthNet manuals have been updated to include this change.  Refer to Income Maintenance Memorandums IM-#52 July 20, 2009 and IM-#112 December 29, 2008 for previous policy for temporary refugee status for Afghan and Iraqi Special Immigrants.

NECESSARY ACTION:

• Review this memorandum with all appropriate staff.
• Do not end Afghan and Iraqi Special Immigrant status after eight months.

LH/AR