Sponsored Noncitizens and Public Benefits: More Clarity in Federal Guidance and Better Access to Federal Information Could Improve Implementation of Income Eligibility Rules
Highlights
Federal law restricts noncitizens' access to public benefits, including Temporary Assistance for Needy Families (TANF), Medicaid, the Supplemental Nutrition Assistance Program (SNAP), and Supplemental Security Income (SSI). Further, when noncitizens who legally reside in this country through sponsorship of a family member apply for these benefits, they are subject to sponsor deeming, which requires benefit agencies to combine noncitizens' incomes with those of their sponsors to determine eligibility. Sponsors are also financially liable for benefits paid to the noncitizen, and benefit agencies must seek repayment for these costs. GAO was asked to analyze (1) what is known about the size of the noncitizen population potentially affected by the sponsor deeming requirements for TANF, Medicaid, SNAP, and SSI; (2) to what extent have agencies implemented sponsor deeming; (3) to what extent have agencies implemented sponsor repayment. To address these, GAO analyzed federal data, surveyed states, and interviewed federal, state, and local officials.
Recommendations
Recommendations for Executive Action
| Agency Affected | Recommendation | Status |
|---|---|---|
| Department of Health and Human Services | To help ensure sponsor deeming is implemented for Medicaid, the Administrator of CMS should issue guidance to help administering agencies implement the law in this area. |
Because of the Children's Health Insurance Program Reauthorization Act of 2009 (CHIPRA), enacted shortly before our report was published, states are allowed to waive the sponsor deeming requirements for some noncitizen Medicaid applicants. In July 2010, CMS issued guidance to states on implementation of the exclusion from sponsor deeming for certain noncitizens. That guidance also briefly addresses how sponsor deeming is applied in cases not eligible for the exception. An HHS study from June 2011 found that approximately half of states have opted to adopt the CHIPRA waiver, which eliminates the need to deem sponsor income for certain noncitizen Medicaid applicants.
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| Department of Health and Human Services | To improve consistency of benefit administering agencies' application of the indigence exception to sponsor deeming, the Secretary of Health and Human Services should clarify in the guidance for TANF a suggested process for determining an applicant's eligibility for that exception. |
In March 2013, HHS indicated that it has not clarified its 2003 TANF guidance on sponsor deeming to provide additional information about the indigence exception. HHS reiterated its initial comments on the GAO recommendation stating that the 2003 guidance does address the indigence exception. HHS added that the department has not received requests from states for clarification of the 2003 guidance since GAO issued its report.
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| Department of Homeland Security | To help benefit administering agencies access information on sponsored noncitizens, the Secretary of Homeland Security should improve information on sponsorship status of noncitizens provided through the automated Systematic Alien Verification for Entitlements (SAVE) system. For example, a class of admission code list that indicates sponsored noncitizens could be added to the SAVE technical assistance tools or effectively distributed to SAVE users. |
The Department of Homeland Security (DHS) posted an updated list of class of admission codes indicating sponsorship within its Systematic Alien Verification for Entitlements (SAVE) online system in April 2009. DHS also posted an online notice to inform SAVE users of the availability of the sponsorship list.
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| Department of Homeland Security | To help benefit administering agencies access information on sponsored noncitizens, the Secretary of Homeland Security should provide guidance to SAVE users that improves their understanding of how to request sponsor information through the automated SAVE system rather than through manual submission of paper request forms. |
The Department of Homeland Security (DHS) released an enhanced version of the Systematic Alien Verification for Entitlements (SAVE) system in August 2009. The enhanced system includes additional features on obtaining sponsorship information. As part of its outreach effort, DHS sent notification letters to SAVE users announcing the system enhancement, specifying that sponsorship information will be available through the online system after the enhancement, and providing customer service contact information for assistance.
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