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tazzygirl -> RE: 14th amendment debate (8/7/2010 10:51:39 AM)
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I have read this before... perhaps someone could explain what this all means..
From the TANF website
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A State may claim the expenditures for illegal aliens for MOE
purposes only if the law in question is broad enough to encompass TANF
eligibility. The only avenue for claiming expenditures for illegal
aliens in the definition of eligible families in section
409(a)(7)(B)(i)(IV) is under the criteria of families eligible for
assistance under TANF. Once a State affirms that illegal aliens are
eligible for TANF assistance, then the State may provide a State or
local public benefit as part of TANF or a separate State program. For
example, if the State's law only authorizes for child care to be
provided to illegal aliens through a non-TANF program (e.g., CCDF), it
could not claim any such expenditures as MOE. However, if its law
authorizes child care provided through TANF for illegal immigrants, it
may claim such expenditures as MOE. Or, if it provides such a service
to illegal aliens through a separate State program and not the TANF
program, but the illegal aliens are eligible for both, it may claim
those expenditures as MOE.
A State may claim qualified expenditures for the individuals
described in the prior two paragraphs for MOE purposes because these
are the aliens who are either eligible for TANF benefits or lawfully
present in this country and eligible for TANF assistance, but for the
application of title IV of PRWORA. If a State decides to restrict alien
eligibility for State public benefits, then it may only claim MOE for
qualified segregated TANF expenditures or qualified separate State
program expenditures made with respect to the excepted qualified aliens
mentioned in section 412.
Two limited circumstances exist in which it may be possible for a
State to help all aliens. These circumstances apply regardless of
funding source, i.e., whether a State uses Federal TANF, State TANF, or
separate State program funds. These circumstances derive from section
401(b) and (c) and section 411(b) and (c) of PRWORA, which describe
alien eligibility for Federal public benefits and State or local public
benefits, respectively.
First, both sections 401(b) and 411(b) of PRWORA affirm that States
may provide certain noncash Federal or State and local public benefits
to any alien. Such benefits are those necessary for the protection of
life or safety and include those specified by the Attorney General in a
notice dated August 23, 1996 (AG Order No. 2049-96, 61 FR 45985
available on line at /news/welfare/wr/
830fdreg.htm). In the notice, the Attorney General specified the kinds
of noncash government-funded community programs, services, or
assistance that are necessary for protection of life or safety and for
which all aliens continue to be eligible. However, for all aliens to be
eligible, sections 401(b)(1)(D) and 411(b)(4) both state that neither
the government-funded programs, services, or assistance provided, nor
the cost of such assistance, may be conditioned on the individual
recipient's income or resources. While such service may meet one of the
purposes of TANF and may be provided as part of TANF or a separate
State program, a State may claim toward MOE only qualified expenditures
with respect to eligible (needy) families. Therefore, to claim any
expenditures that meet the Attorney General's specifications for life
and safety, a State must have a sound methodology that enables it to
identify and claim only the portion of total qualified expenditures for
benefits that it has provided to eligible families.
Second, section 401(c) defines a Federal public benefit and section
411(c) defines a State or local public benefit. Both sections use the
same definition. The August 4, 1998, Federal Register notice that
identified TANF as a Federal public benefit expressly states that not
``all benefits or services provided by these programs are `Federal
public benefits' and require verification.'' Because sections 401(c)
and 411(c) use the same wording to define a public benefit, we believe
this statement may also apply to benefits provided with segregated
State TANF funds and separate State program funds. When a benefit is
not a Federal or State or local public benefit, a State is not
statutorily bound to restrict eligibility to certain aliens and can
provide that benefit to all aliens.
http://www.acf.hhs.gov/programs/ofa/law-reg/finalrule/tanfru_3.htm
Seems to me, in their final ruling, that illegal parents are eligible for benefits under state guidelines.
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