NORTH DAKOTA DEPARTMENT OF HUMAN SERVICES
BISMARCK, NORTH DAKOTA
April 16, 2008

AMENDED IM 5029

TO:		County Social Service Directors
Economic Assistance Policy Regional Representatives
Economic Assistance Policy Quality Control Reviewers

FROM:	Tove Mandigo, Director, Economic Assistance Policy
		Maggie Anderson, Director, Medical Services

SUBJECT:	Iraqi and Afghani Special Immigrant Policy

PROGRAMS:	Food Stamps, LIHEAP, Healthcare Coverage, and TANF

EFFECTIVE:	Immediately

RETENTION: 	Until Manualized

SECTIONS 
AFFECTED:	Food Stamps Policy 430-05-30-60-10 – Eligibility Criteria
		LIHEAP Policy 415-20-10-50 – Aliens Barred from LIHEAP Participation
		TANF Policy 400-17-15-40 – Citizen or Alien Status
		Medicaid Policy 510-05-35-65 – Aliens Lawfully Admitted for Permanent Residence on or After August 22, 1996 and 510-05-35-70 – Emergency Services for Non-Citizens

This IM is being amended to add TANF and Medicaid to the programs affected and to extend eligibility for Iraqi special immigrants based on Public Law 110-181, “The National Defense Authorization Act for Fiscal Year 2008”, which became law on January 28, 2008.  All amendments are included in underlined text.  

Guidance on Iraqi and Afghani Special Immigrants
Effective December 26,2007, Public Law 110-161, “The Consolidated Appropriations Act of 2008”, granted Iraqi and Afghani aliens special immigrant status under section 101(a)(27) of the Immigration and Nationality Act (INA).  Individuals and family members granted this special immigrant status are eligible for resettlement assistance, entitlement programs, and other benefits the same as refugees admitted under section 207 of the INA, except the period of eligibility cannot exceed six months for Afghani Immigrants.  The period of eligibility for Iraqi’s with special immigrant status cannot exceed 8 months.  The effective date of eligibility is from the date the special immigrant enters the United States.  

Counties that discover or become aware of any special immigrants who were denied prior to the passage of this bill should reconsider those denials using this current policy.

Verification of Special Immigrant Status
Iraqi and Afghani aliens and family members who claim special immigrant status must provide verification that they have been admitted under section 101(a)(27) of the INA.  

Food Stamps
Individual’s who provide the required verification are eligible under this special immigrant policy and must be certified for 12 months as a simplified reporting household.  However, eligibility cannot exceed six months for Afghani special immigrants and 8 months for Iraqi special immigrant from the special immigrant's date of entry.  The worker will need to set an alert to send advance notice F406 – Alien/Citizenship Verification to close the case the end of the sixth or eighth month.  If there are other household members that will remain eligible, advance notice F719 – Decreased Benefits – Decreased Persons must be sent.

Examples of Eligibility Periods for Iraqi Special Immigrants

GRANTED SPECIAL IMMIGRANT STATUS	8 MONTH ELIGIBILITY END DATE	DATE OF APPLICATION	DATE OF ELIGIBILITY PERIOD	
September 10, 2007	April 30, 2008	December 17, 2007	5 months – from December 26, 2007 through April 30, 2008 (household is ineligible prior to the effective date of the law).	
January 26, 2008	August 31, 2008	March 31, 2008	6 months – from March 31, 2008 through August 31, 2008.	
August 1, 2008	March 31, 2009	August 15, 2008	8 months – from August 15, 2008 through March 31, 2009.	
Examples of Eligibility Periods for Afghani Special Immigrants

GRANTED SPECIAL IMMIGRANT STATUS	8 MONTH ELIGIBILITY END DATE	DATE OF APPLICATION	DATE OF ELIGIBILITY PERIOD	
October 11, 2007	March 31, 2008	December 17, 2007	4 months – from December 26, 2007 through March 31, 2008 (household is ineligible prior to the effective date of the law).	
February 26, 2008	July 31, 2008	March 31, 2008	5 months – from March 31, 2008 through July 31, 2008.	
August 1, 2008	January 31, 2009	August 15, 2008	6 months – from August 15, 2008 through January 31, 2009.	

LIHEAP
Iraqi and Afghani aliens and family members who claim special immigrant status must provide verification that they have been admitted under section 101(a) (27) of the INA. Once found eligible for LIHEAP the household would be eligible for the full season in which they applied.

TANF/Medicaid
Legislation which took effect December 26, 2007 authorized Iraqi and Afghan Special Immigrants and their families to receive public benefits to the same extent as refugees for six months after their date of entry into the United States.  Effective January 28, 2008 the benefit period for Iraqi Special Immigrants was extended to eight months.  During their initial period of six/eight months in the United States, these special immigrants are treated like refugees for purposes of eligibility for TANF and Medicaid.  Therefore, like other refugees, they and their families are entitled to TANF and full Medicaid benefits for the initial period after their entry into the United States, provided they otherwise meet TANF and Medicaid eligibility criteria.  Eligibility for TANF and full coverage under Medicaid ends when their initial period after entry ends; in the case of Afghan Special Immigrants, six months after their date of entry into the United States, and, in the case of Iraqi Special Immigrants, eight months after their date of entry into the United States.  Eligibility cannot be granted for periods prior to the effective dates of the two laws granting benefits to these immigrants.

After their six/eight month period of initial entry expires, Iraqi and Afghan Special Immigrants and their families are ineligible for TANF until such time that they satisfy the 5-year bar from benefits applicable to most qualified aliens and may only qualify for Medicaid coverage of emergency medical services, until such time that they satisfy the 5-year bar from benefits applicable to most qualified aliens.

If these immigrants are determined ineligible for Medicaid, they may apply for Refugee Medical Assistance (RMA) but only for coverage during the six/eight month period after entry.

Healthy Steps
Because these refugees are limited to a certain number of months of coverage, they are not eligible to be enrolled in Healthy Steps.
	
CCA 
CCA has not received guidance on the special immigrant provisions.  Further information will be provided if guidance is received.  

If you have any questions, please contact your regional representative.