Battered Immigrant Eligibility for Food Stamps and TAFDC

DTA Field Operations Memo 2005-22 gives very comprehensive guidance to DTA workers on how to handle applications from battered non-citizens and their children. DTA drafted this guidance with the extensive input from MLRI and Greater Boston Legal Services.

Many battered immigrants who do not have a green card but are in the process of securing status may still be eligible for benefits (TAFDC and Food Stamps) for themselves and/or their children. Many immigrants with green cards may also be eligible without a five year wait. Important things to remember are summarized below.

The definition of “battered” for the sake of receiving these benefits is that the noncitizen has been battered or subjected to extreme cruelty within the U.S. The noncitizen can be either the parent OR the dependent child. And the abuser is not limited to a spouse- it can be a parent OR another family member residing in the same household. The noncitizen must no longer be residing with the batterer. Food stamps eligibility includes an additional requirement that there be a “connection” between the battery and the need for public benefits, but DTA workers are instructed that t his “should be construed broadly and will be met in most cases.”

A battered immigrant who has either a pending or approved self-petition under the Violence Against Women's Act (VAWA) provisions may be eligible for benefits. She does not need a final determination on the VAWA petition.

Applying under the Violence Against Women Act (VAWA) is only one of the ways to obtain “battered noncitizen” status. A battered immigrant who has a pending or approved I-130 family visa petition filed by a US citizen or LPR spouse, or a parent of the immigrant, may also be eligible. She does not need a final determination or green card, nor does she need to have filed a VAWA petition.

There is NO five year wait for battered immigrants seeking TAFDC. There is NO five year wait for any CHILDREN of battered immigrants for TAFDC OR Food Stamps. Children of battered immigrants are "derivative beneficiaries" of battered immigrants and are eligible if their parents are eligible, even if their names do not appear on the documentation.

Many battered immigrants may have fled their abusers without documents (or he may have refused to share them with her). DTA will accept a self-declaration from the battered immigrant of her status pending receipt of verification. Immigrants should be referred to Legal Services and other agencies who can provide assistance securing proof of status.

Unfortunately, battered immigrants who are “undocumented”, or who have legal status through a pending asylum petition, TPS or other route, may still be ineligible for benefits despite desperate need. Until state funds are made available for these individuals, they may not be eligible. However, DTA Domestic Violence specialists will provide assistance to them, and any US citizen children may be independently eligible.

The Role of the Domestic Violence Specialist- When a noncitizen identifies himself or herself as battered or a dependent child as battered, immediately refer the battered noncitizen to the Domestic Violence Specialist whether or not the noncitizen is eligible for DTA cash or FS benefits. The Specialist will:

Please contact MLRI if you have any questions about this guidance. If you’d like a copy of the Field Operations Memo, contact the Community Resource Center (Ellen Forman).

- Adapted from e-mail “DTA Guidance on Battered Immigrant Eligibility for Food Stamps and TANF Benefits” from Pat Baker, Mass. Law Reform Institute, June 08, 2005, and DTA Field Operations Memo 2005-22,from Cescia Derderian, Assistant Commissioner for Field Operations, June 1, 2005.

06/2005