Program

Are Documented Workers Eligible?

  Are Undocumented Workers Eligible?

Unemployment Insurance (UI)  -

Provides partial and temporary income replacement to unemployed and underemployed workers with significant work history, who lose their jobs through no fault of their own, and who are able and available for work.   

Legal immigrants with work authorization are eligible.

Not eligible due to statutory restrictions and the UI requirements that workers be “able and available for work” when employers are restricted from hiring undocumented workers.

Trade Adjustment Assistance (TAA) –

Provides income support, re-training and other support services to eligible workers who lost jobs due to trade.

Legal immigrants with work authorization are eligible.

Not eligible due to statutory restrictions and other requirements.

Workforce Investment Act (WIA) –

Provides job search assistance, counseling, assessment and training services to eligible workers, including employed and unemployed adults and youth.

Legal immigrants who are “work authorized” are eligible for WIA services.

Undocumented workers are only eligible for WIA “core services” including self-directed job search assistance and placement since registration is not required. If services require registration and enrollment, typically for assessment, counseling and training, undocumented workers are not eligible.

Food Stamps –

Provides federal food assistance (in the form of paper coupons or electronic benefits on debit cards) for low-income individuals and families.

Legal immigrants entering the U.S. after 8/22/96 are not eligible until they become citizens.

Legal immigrants who are under 18, over 65, or disabled who entered prior to 8/22/96 are eligible.

Legal permanent residents who entered prior to 8/22/96 are eligible if they have 40 quarters of work.

Undocumented workers are not eligible. However, New York recently received a waiver from the Department of Agriculture for the Disaster Food Stamp Benefit program. The program does not mention benefit status, and New York is promoting the program as available to all who were affected by the 9/11 terrorist attacks. .

Medicaid  -

A federal-state funded program that provides health care for certain low-income individuals.

Legal immigrants who entered the U.S. after 8/22/96 are barred from receiving Medicaid for 5 years after their date of entry. During the five-year period they are only eligible for “emergency medical services.”

Undocumented workers are only eligible for emergency medical services. However, all immigrants are eligible for the New York Family Health Plan for the next four months. New York has also elected to cover other groups of immigrants, including undocumented pregnant women.

State Children’s Health Insurance Program (SCHIP)-

A program to help states provide health coverage to low-income children whose families earn too much to be eligible for traditional Medicaid, but not enough to afford private insurance.

Legal immigrants who entered the U.S. after 8/22/96 are barred from receiving SCHIP for five years after their date of entry.

A few states have extended SCHIP to “unqualified children.”

COBRA Insurance Coverage –

Provides the right to continue group health coverage that otherwise would be terminated when a worker loses a job. However, the worker must pay all costs for insurance premiums.

Both legal and illegal immigrants are eligible for COBRA if they participated in a group health plan with an employer having over 20 employees.

Both legal and illegal immigrants are eligible for COBRA if they participated in a group health plan with an employer having over 20 employees.

Federal Emergency Management Agency Programs (FEMA) –

Provides information, referral, housing, medical, legal and disaster unemployment assistance to individuals and families affected by major disasters.

Legal immigrants who reside in the FEMA-designated disaster area are eligible for disaster relief, including Disaster Unemployment Assistance.

Illegal immigrants are limited to receiving non-cash benefits and in-kind services.

Welfare Assistance under Temporary Assistance for Needy Families (TANF) Provides temporary cash assistance to low-income families.

Legal immigrants who entered the U.S. after 8/22/96 are prohibited from receiving TANF assistance for five years after the date of entry.

Illegal immigrants are not eligible for TANF.

Women, Infants and Children Program (WIC) –

Provides food benefits, in the form of  vouchers, for low-income families to obtain certain foods including infant formula.

Immigrants of any status who are otherwise eligible may receive WIC food supplements.

Immigrants of any status who are otherwise eligible may receive WIC food supplements.

School Lunch Program –

Provides free or reduced-price meals to certified students at participating public and private schools.

Immigrant children are eligible for the school lunch program regardless of status.

Immigrant children are eligible for the school lunch program regardless of status.