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INS PROPOSES NEW RULE ON ELIGIBILITY FOR PUBLIC BENEFITS Two laws passed in 1996, the Personal Responsibility and Work Opportunity Reconciliation Act and the Illegal Immigration Reform and Immigrant Responsibility Act, mandate the development of rules requiring verification of eligibility to receive federal benefits. On August 4, 1998, the INS issued a proposed rule dealing with this subject. The procedure established requires the benefit-granting agency to obtain a written declaration of status from the alien applicant and examine the alien's registration card or naturalization papers, whichever applies. The agency is then to verify the applicant's status and eligibility through an automated system, Systematic Alien Verification for Entitlements (SAVE). The agency is not to use the automated verification system to examine nationality status, only to verify immigration status and eligibility. The rule will also require that all agencies providing federal benefits be in full compliance within two years. This rule does not apply to agencies providing state or local benefits. Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk. |
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