#  ORR State Letter {#orr-state-letter .unnumbered}

**\# 09-05 Date: October 20, 2008**

TO: STATE REFUGEE COORDINATORS

REFUGEE HEALTH COORDINATORS

NATIONAL VOLUNTARY AGENCIES

OTHER INTERESTED PARTIES

FROM: David Siegel

Acting Director

Office of Refugee Resettlement

SUBJECT: "SSI Extension for Elderly and Disabled Refugees Act" Extends
SSI Eligibility for Qualifying Refugees and Others from 7 to 9 Years,
for the Period October 1, 2008 Through September 30, 2011

**[I. Purpose of this ORR State Letter]{.underline}**

The purpose of this ORR State Letter is to inform refugee service
providers of a change in the law that **extends the 7-year**
Supplemental Security Income (SSI) **eligibility period** for qualifying
refugees and certain other humanitarian immigrants who meet the
conditions described below **to 9 years** for the period October 1, 2008
through September 30, 2011.

**[II. "SSI Extension for Elderly and Disabled Refugees Act" Extends the
7-year SSI eligibility period for Qualifying Refugees and Others to 9
years for October 1, 2008 to September 30, 2011.]{.underline}**

The "SSI Extension for Elderly and Disabled Refugees Act," Pub. L. No.
110-328, 122 Stat. 3567 (2008), amends section 402(a)(2) of the Personal
Responsibility and Work Opportunity Reconciliation Act, [8 U.S.C. §
1612](http://www.law.cornell.edu/usc-cgi/newurl?type=titlesect&title=8&section=1612)(a)(2),
("**PRWORA**"). The effect of this change is to **extend the 7-year**
SSI **eligibility period** for **refugees, asylees, Cuban and Haitian
entrants, Amerasians and trafficking victims who meet certain
requirements, listed in Paragraphs III, IV and V below, to 9 years** for
the period October 1, 2008 through September 30, 2011 (the "**SSI 9 year
rule**"). Qualifying persons who have reached the 9 year SSI limit who
have a pending application for naturalization may receive up to one
additional year of SSI. (See Paragraph VI)

**[III. SSI Eligibility for Refugees and Others under
PRWORA]{.underline}**

Section 402(a)(2)(A) of PRWORA made the following categories of aliens
eligible for SSI for up to 7 years, excepting them from the eligibility
limitations on other aliens:

> ● Admitted to the U.S. as a **Refugee** under section 207 of the
> Immigration and Nationality Act ("INA"), 8 USC § 1157;

● Granted **Asylum** under INA section 208, 8 USC §1158;

> ● Granted Withholding of Deportation under INA section 243(h), 8 USC §
> 1253(h) or section 241(b)(3), 8 USC § 1251(b)(3);
>
> ● Granted status as a **Cuban/Haitian Entrant** under the Refugee
> Education Assistance Act of 1980;
>
> ● Admitted to the U.S. as an **Amerasian** under section 584 of the
> Foreign Operations, Export Financing, and Related Programs
> Appropriations Act, 1988.

Although **trafficking victims** were not listed in section 402(a)(2)(A)
of PRWORA, they are eligible for SSI to the same extent as refugees, if
certified by HHS. *See* 22 U.S.C. § 7105(b).

**[IV. Aliens Eligible for the SSI 9 Year Rule]{.underline}**

For the period October 1, 2008 through September 30, 2011, aliens listed
in section 402(a)(2)(A) of PRWORA and trafficking victims[^1] may be
eligible to receive 9 years of SSI eligibility if the **alien ---**

'(aa) has been **a lawful permanent resident for less than 6 years** and
such status has not been abandoned, rescinded under section 246 of the
Immigration and Nationality Act, or terminated through removal
proceedings under section 240 of the Immigration and Nationality Act,
and the Commissioner of Social Security has verified such status,
through procedures established in consultation with the Secretary of
Homeland Security;

'(bb) **has filed an application, within 4 years from the date the alien
or victim began receiving supplemental security income benefits, to
become a lawful permanent resident** with the Secretary of Homeland
Security, and the Commissioner of Social Security has verified, through
procedures established in consultation with such Secretary, that such
application is pending;

'(cc) has been granted the status of **Cuban and Haitian entrant**, as
defined in section 501(e) of the Refugee Education Assistance Act of
1980 (Public Law 96-422), for purposes of the specified Federal program
described in paragraph (3)(A);

'(dd) has had his or her **deportation withheld** by the Secretary of
Homeland Security under section 243(h) of the Immigration and
Nationality Act (as in effect immediately before the effective date of
section 307 of division C of Public Law 104-208), or whose removal is
withheld under section 241(b)(3) of such Act;

'(ee) **has not attained age 18**; or

'(ff) **has attained age 70**.

**[V. Declaration of Good Faith Effort to Pursue U.S.
Citizenship]{.underline}**

In order to be eligible to receive assistance under the SSI 9 year rule,
the alien must furnish a **Declaration to Pursue U.S. Citizenship**.
This declaration is to be provided by the alien to the Commissioner of
Social Security (SSA) stating that "under penalty of perjury the alien
or victim has made a good faith effort to pursue United States
Citizenship, as determined by the Secretary of Homeland Security".
Children who have not reached the age of 18 are exempt from such a
declaration.

**[VI. Applicants for Naturalization not Subject to 7 year SSI
Limitation for Fiscal Years 2009 through 2011]{.underline}**

The aliens listed in section 402(a)(2)(A) of PRWORA and trafficking
victims are not subject to the 7 year SSI limit during the period
October 1, 2008 to September 30, 2011 if they have **filed an
application for naturalization to U.S. citizen during the period August
22, 1996 to September 30, 2008,** (or such application has been approved
and they are awaiting the naturalization ceremony) and this fact is
verified by SSA through procedures established in consultation with the
Department of Homeland Security (DHS). The exemption also applies to
individuals with applications pending who were previously rendered
ineligible due to expiration of the 7-year period.

**[VII. Payment of Benefits to Aliens Whose Benefits Ceased in Prior
Years]{.underline}**

The "SSI Extension for Elderly and Disabled Refugees Act" reinstates
coverage for an additional 2 years for aliens who had lost SSI benefits
because the 7 years had lapsed, provided they still meet the eligibility
criteria. All payments will be prospective, not retroactive, and issued
on a monthly basis over the duration of the noncitizen's renewed
eligibility for a maximum of two years.

**[VIII. Medicaid Eligibility of Categorically Needy SSI
Recipients]{.underline}**

Individuals who qualify for the 2-year extension of SSI benefits will
also continue to be eligible for Medicaid on the same basis as anyone
else receiving SSI benefits.  In states using more restrictive
eligibility criteria than SSI when determining Medicaid eligibility for
the aged, blind and disabled, the state's more restrictive criteria will
apply to individuals who qualify for the 2-year extension, just as those
criteria apply to others receiving SSI benefits.

**[IX. Procedural and Practical Considerations]{.underline}**

If an applicant's SSI benefits have stopped due to the 7 year limit, and
he or she may be eligible under the SSI 9 year rule, the applicant
should contact his or her local SSA office immediately about an SSI
extension. It may be necessary to re-apply for SSI to qualify for the
extension. **Call the Social Security Administration at**

**1-800-772-1213 between 7 a.m. and 7 p.m. Monday through Friday.** If
the applicant is deaf or hard of hearing, call the toll-free TTY number,
1-800-325-0778.

Applicants currently receiving SSI benefits need not take steps to
ensure continuation of SSI beyond the 7 year limit. If the 7-year limit
applies to an applicant, SSA may ask the applicant to sign the
declaration described above, that the applicant is making a "good faith
effort to pursue United States citizenship."

If the applicant's SSI benefits have been stopped for fewer than 12
months, SSA will not require the applicant to file a new application,
and SSI benefits should start the following month.

If an applicant's SSI benefits have been stopped for more than 12 months
*and* the applicant is 65 years or older, SSA will require the filing of
a new application for SSI, but SSI benefits should start soon
thereafter.

If SSI benefits have been stopped for more than 12 months *and* the
applicant is disabled or blind, SSA will require a new application to
prove continuing disability or blindness. If the applicant's eyesight is
extremely limited, SSA should be informed because some states will
provide a higher payment in these circumstances.

This statutory change in SSI eligibility is related to the *Kaplan v.
Chertoff* class action settlement agreement. *See* Attachments #2, #3,
and #4.

If you have questions, please contact Thomas Pabst at telephone:
202-401-5398

or by email at: <thomas.pabst@acf.hhs.gov>

\*\*\* \*\*\* \*\*\* \*\*\* \*\*\* \*\*\* \*\*\*

**Attachment I**

R 2608 EAS

*In the Senate of the United States,*

*August 1, 2008.*

*Resolved,* That the bill from the House of Representatives R 2608 EAS

*In the Senate of the United States,*

*August 1, 2008.*

*Resolved,* That the bill from the House of Representatives (H

R 2608 EAS

*In the Senate of the United States,*

*August 1, 2008.*

*Resolved,* That the bill from the House of Representatives (H

**Publ** R 2608 EAS

*In the Senate of the United States,*

*August 1, 2008.*

*Resolved,* That the bill from the House of Representatives (H

**ic Law 110-328: "SSI Extension for Elderly and Disabled Refugees Act"
(Sept. 30, 2008; 122 Stat. 3567)**

H.R.2608

*) entitled 'An Act t**One Hundred Tenth Congress*

[←](http://www.govtrack.us/congress/billtext.xpd?bill=h110-2608#change-3%23change-3)[→](http://www.govtrack.us/congress/billtext.xpd?bill=h110-2608#change-5%23change-5)

*of the*

*United States of America*

*AT THE SECOND SESSION*

Begun and held at the City of Washington on Thursday, the third day of
January, two thousand and eight An Act

To amend section 402 of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 to provide, in fiscal years 20089 through
20101, extensions of supplemental security income for refugees, asylees,
and certain other humanitarian immigrants, and to amend the Internal
Revenue Code of 1986 to collect unemployment compensation debts
resulting from fraud.

> [*←*](http://www.govtrack.us/congress/billtext.xpd?bill=h110-2608#change-8%23change-8)[*→*](http://www.govtrack.us/congress/billtext.xpd?bill=h110-2608#change-10%23change-10)
>
> *', do pass with the following*
>
> *AMENDMENTS:*
>
> *Strike all after the enacting clause and insert the following:*
>
> *Be it enacted by the Senate and House of Representatives of the
> United States of America in Congress assembled,*

**SECTION 1. SHORT TITLE.**

> This Act may be cited as the 'SSI Extension for Elderly and Disabled
> Refugees Act'.

SEC. 2. SSI EXTENSIONS FOR HUMANITARIAN IMMIGRANTS.

> Section 402(a)(2) of the Personal Responsibility and Work Opportunity
> Reconciliation Act of 1996 ([8 U.S.C.
> 1612](http://www.law.cornell.edu/usc-cgi/newurl?type=titlesect&title=8&section=1612)(a)(2))
> is amended by adding at the end the following:
>
> '(M) SSI EXTENSIONS THROUGH FISCAL YEAR 2011-
>
> '(i) TWO-YEAR EXTENSION FOR CERTAIN ALIENS AND VICTIMS OF TRAFFICKING-
>
> '(I) IN GENERAL- Subject to clause (ii), with respect to eligibility
> for benefits under subparagraph (A) for the specified Federal program
> described in paragraph (3)(A) of qualified aliens (as defined in
> section 431(b)) and victims of trafficking in persons (as defined in
> section 107(b)(1)(C) of division A of the Victims of Trafficking and
> Violence Protection Act of 2000 (Public Law 106-386) or as granted
> status under section 101(a)(15)(T)(ii) of the Immigration and
> Nationality Act), the 7-year period described in subparagraph (A)
> shall be deemed to be a 9-year period during fiscal years 2009 through
> 2011 in the case of such a qualified alien or victim of trafficking
> who furnishes to the Commissioner of Social Security the declaration
> required under subclause (IV) (if applicable) and is described in
> subclause (III).
>
> '(II) ALIENS AND VICTIMS WHOSE BENEFITS CEASED IN PRIOR FISCAL YEARS-
> Subject to clause (ii), beginning on the date of the enactment of the
> SSI Extension for Elderly and Disabled Refugees Act, any qualified
> alien (as defined in section 431(b)) or victim of trafficking in
> persons (as defined in section 107(b)(1)(C) of division A of the
> Victims of Trafficking and Violence Protection Act of 2000 (Public Law
> 106-386) or as granted status under section 101(a)(15)(T)(ii) of the
> Immigration and Nationality Act) rendered ineligible for the specified
> Federal program described in paragraph (3)(A) during the period
> beginning on August 22, 1996, and ending on September 30, 2008, solely
> by reason of the termination of the 7-year period described in
> subparagraph (A) shall be eligible for such program for an additional
> 2-year period in accordance with this clause, if such qualified alien
> or victim of trafficking meets all other eligibility factors under
> title XVI of the Social Security Act, furnishes to the Commissioner of
> Social Security the declaration required under subclause (IV) (if
> applicable), and is described in subclause (III).
>
> '(III) ALIENS AND VICTIMS DESCRIBED- For purposes of subclauses (I)
> and (II), a qualified alien or victim of trafficking described in this
> subclause is an alien or victim who\--

'(aa) has been a lawful permanent resident for less than 6 years and
such status has not been abandoned, rescinded under section 246 of the
Immigration and Nationality Act, or terminated through removal
proceedings under section 240 of the Immigration and Nationality Act,
and the Commissioner of Social Security has verified such status,
through procedures established in consultation with the Secretary of
Homeland Security;

'(bb) has filed an application, within 4 years from the date the alien
or victim began receiving supplemental security income benefits, to
become a lawful permanent resident with the Secretary of Homeland
Security, and the Commissioner of Social Security has verified, through
procedures established in consultation with such Secretary, that such
application is pending;

'(cc) has been granted the status of Cuban and Haitian entrant, as
defined in section 501(e) of the Refugee Education Assistance Act of
1980 (Public Law 96-422), for purposes of the specified Federal program
described in paragraph (3)(A);

'(dd) has had his or her deportation withheld by the Secretary of
Homeland Security under section 243(h) of the Immigration and
Nationality Act (as in effect immediately before the effective date of
section 307 of division C of Public Law 104-208), or whose removal is
withheld under section 241(b)(3) of such Act;

'(ee) has not attained age 18; or

'(ff) has attained age 70.

> '(IV) DECLARATION REQUIRED-

'(aa) IN GENERAL- For purposes of subclauses (I) and (II), the
declaration required under this subclause of a qualified alien or victim
of trafficking described in either such subclause is a declaration under
penalty of perjury stating that the alien or victim has made a good
faith effort to pursue United States citizenship, as determined by the
Secretary of Homeland Security. The Commissioner of Social Security
shall develop criteria as needed, in consultation with the Secretary of
Homeland Security, for consideration of such declarations.

'(bb) EXCEPTION FOR CHILDREN- A qualified alien or victim of trafficking
described in subclause (I) or (II) who has not attained age 18 shall not
be required to furnish to the Commissioner of Social Security a
declaration described in item (aa) as a condition of being eligible for
the specified Federal program described in paragraph (3)(A) for an
additional 2-year period in accordance with this clause.

> '(V) PAYMENT OF BENEFITS TO ALIENS WHOSE BENEFITS CEASED IN PRIOR
> FISCAL YEARS- Benefits paid to a qualified alien or victim described
> in subclause (II) shall be paid prospectively over the duration of the
> qualified alien's or victim's renewed eligibility.
>
> '(ii) SPECIAL RULE IN CASE OF PENDING OR APPROVED NATURALIZATION
> APPLICATION- With respect to eligibility for benefits for the
> specified program described in paragraph (3)(A), paragraph (1) shall
> not apply during fiscal years 2009 through 2011 to an alien described
> in one of clauses (i) through (v) of subparagraph (A) or a victim of
> trafficking in persons (as defined in section 107(b)(1)(C) of division
> A of the Victims of Trafficking and Violence Protection Act of 2000
> (Public Law 106-386) or as granted status under section
> 101(a)(15)(T)(ii) of the Immigration and Nationality Act), if such
> alien or victim (including any such alien or victim rendered
> ineligible for the specified Federal program described in paragraph
> (3)(A) during the period beginning on August 22, 1996, and ending on
> September 30, 2008, solely by reason of the termination of the 7-year
> period described in subparagraph (A)) has filed an application for
> naturalization that is pending before the Secretary of Homeland
> Security or a United States district court based on section 336(b) of
> the Immigration and Nationality Act, or has been approved for
> naturalization but not yet sworn in as a United States citizen, and
> the Commissioner of Social Security has verified, through procedures
> established in consultation with the Secretary of Homeland Security,
> that such application is pending or has been approved.'.

**SEC. 3. COLLECTION OF UNEMPLOYMENT COMPENSATION DEBTS RESULTING FROM
FRAUD.**

> \(a\) In General- Section 6402 of the Internal Revenue Code (relating
> to authority to make credits or refunds) is amended by redesignating
> subsections (f) through (k) as subsections (g) through (l),
> respectively, and by inserting after subsection (e) the following new
> subsection:
>
> '(f) Collection of Unemployment Compensation Debts Resulting From
> Fraud-
>
> '(1) IN GENERAL- Upon receiving notice from any State that a named
> person owes a covered unemployment compensation debt to such State,
> the Secretary shall, under such conditions as may be prescribed by the
> Secretary\--
>
> '(A) reduce the amount of any overpayment payable to such person by
> the amount of such covered unemployment compensation debt;
>
> '(B) pay the amount by which such overpayment is reduced under
> subparagraph (A) to such State and notify such State of such person's
> name, taxpayer identification number, address, and the amount
> collected; and
>
> '(C) notify the person making such overpayment that the overpayment
> has been reduced by an amount necessary to satisfy a covered
> unemployment compensation debt.
>
> If an offset is made pursuant to a joint return, the notice under
> subparagraph (C) shall include information related to the rights of a
> spouse of a person subject to such an offset.
>
> '(2) PRIORITIES FOR OFFSET- Any overpayment by a person shall be
> reduced pursuant to this subsection\--
>
> '(A) after such overpayment is reduced pursuant to\--
>
> '(i) subsection (a) with respect to any liability for any internal
> revenue tax on the part of the person who made the overpayment;
>
> '(ii) subsection (c) with respect to past-due support; and
>
> '(iii) subsection (d) with respect to any past-due, legally
> enforceable debt owed to a Federal agency; and
>
> '(B) before such overpayment is credited to the future liability for
> any Federal internal revenue tax of such person pursuant to subsection
> (b).
>
> If the Secretary receives notice from a State or States of more than
> one debt subject to paragraph (1) or subsection (e) that is owed by a
> person to such State or States, any overpayment by such person shall
> be applied against such debts in the order in which such debts
> accrued.
>
> '(3) OFFSET PERMITTED ONLY AGAINST RESIDENTS OF STATE SEEKING OFFSET-
> Paragraph (1) shall apply to an overpayment by any person for a
> taxable year only if the address shown on the Federal return for such
> taxable year of the overpayment is an address within the State seeking
> the offset.
>
> '(4) NOTICE; CONSIDERATION OF EVIDENCE- No State may take action under
> this subsection until such State\--
>
> '(A) notifies by certified mail with return receipt the person owing
> the covered unemployment compensation debt that the State proposes to
> take action pursuant to this section;
>
> '(B) provides such person at least 60 days to present evidence that
> all or part of such liability is not legally enforceable or due to
> fraud;
>
> '(C) considers any evidence presented by such person and determines
> that an amount of such debt is legally enforceable and due to fraud;
> and
>
> '(D) satisfies such other conditions as the Secretary may prescribe to
> ensure that the determination made under subparagraph (C) is valid and
> that the State has made reasonable efforts to obtain payment of such
> covered unemployment compensation debt.
>
> '(5) COVERED UNEMPLOYMENT COMPENSATION DEBT- For purposes of this
> subsection, the term 'covered unemployment compensation debt' means\--
>
> '(A) a past-due debt for erroneous payment of unemployment
> compensation due to fraud which has become final under the law of a
> State certified by the Secretary of Labor pursuant to section 3304 and
> which remains uncollected for not more than 10 years;
>
> '(B) contributions due to the unemployment fund of a State for which
> the State has determined the person to be liable due to fraud and
> which remain uncollected for not more than 10 years; and
>
> '(C) any penalties and interest assessed on such debt.
>
> '(6) REGULATIONS-
>
> '(A) IN GENERAL- The Secretary may issue regulations prescribing the
> time and manner in which States must submit notices of covered
> unemployment compensation debt and the necessary information that must
> be contained in or accompany such notices. The regulations may specify
> the minimum amount of debt to which the reduction procedure
> established by paragraph (1) may be applied.
>
> '(B) FEE PAYABLE TO SECRETARY- The regulations may require States to
> pay a fee to the Secretary, which may be deducted from amounts
> collected, to reimburse the Secretary for the cost of applying such
> procedure. Any fee paid to the Secretary pursuant to the preceding
> sentence shall be used to reimburse appropriations which bore all or
> part of the cost of applying such procedure.
>
> '(C) SUBMISSION OF NOTICES THROUGH SECRETARY OF LABOR- The regulations
> may include a requirement that States submit notices of covered
> unemployment compensation debt to the Secretary via the Secretary of
> Labor in accordance with procedures established by the Secretary of
> Labor. Such procedures may require States to pay a fee to the
> Secretary of Labor to reimburse the Secretary of Labor for the costs
> of applying this subsection. Any such fee shall be established in
> consultation with the Secretary of the Treasury. Any fee paid to the
> Secretary of Labor may be deducted from amounts collected and shall be
> used to reimburse the appropriation account which bore all or part of
> the cost of applying this subsection.
>
> '(7) ERRONEOUS PAYMENT TO STATE- Any State receiving notice from the
> Secretary that an erroneous payment has been made to such State under
> paragraph (1) shall pay promptly to the Secretary, in accordance with
> such regulations as the Secretary may prescribe, an amount equal to
> the amount of such erroneous payment (without regard to whether any
> other amounts payable to such State under such paragraph have been
> paid to such State).
>
> '(8) TERMINATION- This section shall not apply to refunds payable
> after the date which is 10 years after the date of the enactment of
> this subsection.'.
>
> \(b\) Disclosure of Certain Information to States Requesting Refund
> Offsets for Legally Enforceable State Unemployment Compensation Debt
> Resulting From Fraud-
>
> \(1\) GENERAL RULE- Paragraph (3) of section 6103(a) of such Code is
> amended by inserting '(10),' after '(6),'.
>
> \(2\) DISCLOSURE TO DEPARTMENT OF LABOR AND ITS AGENT- Paragraph (10)
> of section 6103(l) of such Code is amended\--
>
> \(A\) by striking '(c), (d), or (e)' each place it appears in the
> heading and text and inserting '(c), (d), (e), or (f)',
>
> \(B\) in subparagraph (A) by inserting ', to officers and employees of
> the Department of Labor for purposes of facilitating the exchange of
> data in connection with a request made under subsection (f)(5) of
> section 6402,' after 'section 6402', and
>
> \(C\) in subparagraph (B)\--
>
> \(i\) by inserting '(i)' after '(B)'; and
>
> \(ii\) by adding at the end the following:
>
> '(ii) Notwithstanding clause (i), return information disclosed to
> officers and employees of the Department of Labor may be accessed by
> agents who maintain and provide technological support to the
> Department of Labor's Interstate Connection Network (ICON) solely for
> the purpose of providing such maintenance and support.'.
>
> \(3\) SAFEGUARDS- Paragraph (4) of section 6103(p) of such Code is
> amended\--
>
> \(A\) in the matter preceding subparagraph (A), by striking '(l)(16),'
> and inserting '(l)(10), (16),';
>
> \(B\) in subparagraph(F)(i), by striking'(l)(16),' and inserting
> (F)(i), by striking '(l)(16),' and inserting '(l)(10), (16),'; and
>
> \(C\) in the matter following subparagraph (F)(iii)\--
>
> \(i\) in each of the first two places it appears, by striking
> '(l)(16),' and inserting '(l)(10), (16),';
>
> \(ii\) by inserting '(10),' after 'paragraph (6)(A),'; and
>
> \(iii\) in each of the last two places it appears, by striking
> '(l)(16)' and inserting '(l)(10) or (16)'.
>
> \(c\) Expenditures From State Fund- Section 3304(a)(4) of such Code is
> amended\--
>
> \(1\) in subparagraph (E), by striking 'and' after the semicolon;
>
> \(2\) in subparagraph (F), by inserting 'and' after the semicolon; and
>
> \(3\) by adding at the end the following new subparagraph:
>
> '(G) with respect to amounts of covered unemployment compensation debt
> (as defined in section 6402(f)(4)) collected under section 6402(f)\--
>
> '(i) amounts may be deducted to pay any fees authorized under such
> section; and
>
> '(ii) the penalties and interest described in section 6402(f)(4)(B)
> may be transferred to the appropriate State fund into which the State
> would have deposited such amounts had the person owing the debt paid
> such amounts directly to the State;'.
>
> \(d\) Conforming Amendments-
>
> \(1\) Subsection (a) of section 6402 of such Code is amended by
> striking '(c), (d), and (e),' and inserting '(c), (d), (e), and (f)'.
>
> \(2\) Paragraph (2) of section 6402(d) of such Code is amended by
> striking 'and before such overpayment is reduced pursuant to
> subsection (e)' and inserting 'and before such overpayment is reduced
> pursuant to subsections (e) and (f)'.
>
> \(3\) Paragraph (3) of section 6402(e) of such Code is amended in the
> last sentence by inserting 'or subsection (f)' after 'paragraph (1)'.
>
> \(4\) Subsection (g) of section 6402 of such Code, as redesignated by
> subsection (a), is amended by striking '(c), (d), or (e)' and
> inserting '(c), (d), (e), or (f)'.
>
> \(5\) Subsection (i) of section 6402 of such Code, as redesignated by
> subsection (a), is amended by striking 'subsection (c) or (e)' and
> inserting 'subsection (c), (e), or (f)'.
>
> \(e\) Effective Date- The amendments made by this section shall apply
> to refunds payable under section 6402 of the Internal Revenue Code of
> 1986 on or after the date of enactment of this Act.

[←](http://www.govtrack.us/congress/billtext.xpd?bill=h110-2608#change-12%23change-12)[→](http://www.govtrack.us/congress/billtext.xpd?bill=h110-2608#change-14%23change-14)

Amend the title so as to read: 'An Act to amend section 402 of the
Personal Responsibility and Work Opportunity Reconciliation Act of 1996
to provide, in fiscal years 2009 through 2011, extensions of
supplemental security income for refugees, asylees, and certain other
humanitarian immigrants, and to amend the Internal Revenue Code of 1986
to collect unemployment compensation debts resulting from fraud.'.

Attest:

Secretary.

110th CONGRESS

2d Session

H.R. 2608

AMENDMENTS

Speaker of the House of Representatives.

[←](http://www.govtrack.us/congress/billtext.xpd?bill=h110-2608#change-14%23change-14)[→](http://www.govtrack.us/congress/billtext.xpd?bill=h110-2608#change-16%23change-16)

Vice President of the United States and

President of the Senate.

**Attachment II**

> **Kaplan v Chertoff Settlement**

**NOTICE OF SETTLEMENT AGREEMENT**

**IN CLASS ACTION FOR NON-CITIZENS WHO HAVE**

**RECEIVED OR ARE RECEIVING SUPPLEMENTAL SECURITY INCOME**

**[KAPLAN, ET AL. v. CHERTOFF, ET AL.]{.underline}, Civil Action No.
06-5304**

**IN THE UNITED STATES DISTRICT COURT**

**FOR THE EASTERN DISTRICT OF PENNSYLVANIA**

**TO:** All non-United States citizens who are receiving or have
received Supplemental Security Income ("SSI") and are or will be subject
to the seven-year limit on receiving SSI pursuant to 8 U.S.C. §
1612(a)(2)(A) (such as refugees and asylees), prior to becoming a
naturalized United States citizen.

You are hereby notified that a **Stipulation and Agreement of Settlement
and Release** has been signed by the parties, resolving the claims that
have been brought on your behalf in this law suit.

**[Purpose Of This Notice]{.underline}**

This notice has two purposes: 1) to tell you about the settlement; and
2) to tell you how to obtain more information, including a copy of the
full settlement agreement.

**[Background]{.underline}**

This class action lawsuit ("[Kaplan]{.underline}") was filed on December
6, 2006, to challenge alleged delays by the government in adjudicating
applications for adjustment of status ("Form I-485") and naturalization
("Form N-400") for those who are receiving or have received SSI benefits
and the resulting actual or potential cut-off of SSI benefits. The
parties have reached a settlement that the Court has approved.

**[Description Of Settlement Agreement]{.underline}**

The following description is only a summary of the key points in the
settlement agreement. Information on obtaining a copy of the full,
proposed agreement is provided after this summary. The Effective Date of
the agreement is **March 5, 2008**. The duration of the settlement
agreement will be for two (2) years and eleven (11) months from the
Effective Date.

The key terms of the settlement agreement provide that any class member
may request Expedited Processing from the United States Citizenship and
Immigration Service ("USCIS") for pending applications for
naturalization or adjustment of status, or for future applications for
naturalization or adjustment of status filed during the pendency of the
Settlement Agreement, if six months have elapsed since the filing of the
pertinent application without a decision. USCIS will request priority
processing of any pending or future security checks and provide the
earliest available appointment for applications requiring an
appointment. If an Oath of Allegiance is required, USCIS will administer
or schedule the Oath at the next available opportunity.

USCIS will also, through identifying information provided by SSA,
attempt to identify individuals whose SSI benefits have been terminated
or will be terminated in the near future and have pending applications
for naturalization or adjustment of status. Where those individuals are
positively identified, USCIS will automatically expedite their pending
application. The automatic expedites will take place close to the end of
the first year of the Settlement Agreement.

If a class member has a pending Form I-485 or Form N-400 and has
received or is receiving SSI benefits, he or she (or his or her
representative) may call USCIS at 1-800-375-5283 ("the USCIS I-800
number") and request Expedited Processing. Expedited Processing may also
be requested in writing or by going to the local USCIS office.

After the Effective Date of the agreement (March 5, 2008) if Expedited
Processing has already been requested, but the applicant has not
received notice of a decision, he or she may call the USCIS 1-800 number
to verify that an Expedite has been initiated in his or her case. If 45
days have passed since the call to the USCIS 1-800 number with no
response, or if the response from USCIS was unsatisfactory, class
members should contact Class Counsel.

The agreement further provides that, in consideration of the other
provisions in the agreement, class members release all defendants from
all "settled claims." For a complete description of the releases and
"settled claims," you should obtain a full copy of the settlement
agreement. Defendants do not admit any wrongdoing, fault or liability,
nor may their agreement to the preservation of the March 29, 2007
decision on the motion to dismiss be construed as either party's
acceptance of any of the findings of fact or conclusions of law
contained in that decision. The settlement agreement cannot be used
against defendants as evidence of any presumption, concession or
admission of any liability, negligence, fault or wrongdoing in future
actions.

**[For Further Information]{.underline}:**

Copies of the proposed settlement may be obtained from: 1) The USCIS
website (**www.uscis.gov**); 2) the SSA website
(**www.socialsecurity.gov**); and local community-based and non-profit
organizations through USCIS' Community Relations Program.

> **[Attorneys' Names and Addresses for Defendants and
> Plaintiffs]{.underline}:**
>
> For the Plaintiffs: For the Defendants:

Jonathan M. Stein, Esq. Elizabeth J. Stevens, Esq.

Community Legal Services, Inc. Office of Immigration Litigation

of Philadelphia Civil Division, Department of Justice

1424 Chestnut Street P.O. Box 878

Philadelphia, PA 19102 Ben Franklin Station

Washington, DC 20044

**Attachment III**

**USCIS Questions & Answers re the Kaplan v Chertoff Settlement**

# **EXPEDITED PROCESSING AVAILABLE FOR CERTAIN SUPPLEMENTAL SECURITY INCOME (SSI) BENEFICIARIES** {#expedited-processing-available-for-certain-supplemental-security-income-ssi-beneficiaries .Facsimile-Line}

*SSI Beneficiaries can request expedited processing of Forms I-485 and
N-400*

**Q: Why is expedited processing available for SSI beneficiaries?**

A: U.S. Citizenship and Immigration Services (USCIS) recently entered
into a settlement agreement in a national class action, *Kaplan, et al.
v. Chertoff, et al.*, CV 06-5304. The suit was brought by non-U.S.
citizens who had lost or who were about to lose their eligibility for
Supplemental Security Income (SSI) based on a statutory seven-year
limit, and who were unable to become naturalized U.S. citizens before
the loss of SSI benefits.  Under the settlement agreement USCIS will
expedite I-485 (Application to Register Permanent Residence or Adjust
Status*)* -- commonly referred to as 'green card' applications -- and
N-400 (Application for Naturalization) of current or former Supplemental
Security Income (SSI) beneficiaries if the application has been pending
with USCIS for more than six months.

**Q: What is expedited processing under the Kaplan Settlement?**

A: Expedited processing includes USCIS requesting an accelerated FBI
Name Check and prioritizing any USCIS internal actions, such as
scheduling an interview. USCIS will work with the Social Security
Administration (SSA) to identify people who have lost or who will lose
their SSI benefits within the next year and who already have an I-485 or
N-400 pending with USCIS. USCIS will then expedite those cases even if
the applicant has not yet requested expedited processing and if the
application has not been pending for six months. Information on the
Kaplan Settlement is available at
[www.uscis.gov/kaplan](http://www.uscis.gov/kaplan).

**Q: What if I am a non-citizen who has lost my SSI benefits and am
waiting for my N-400 or I-485 to be processed?**

A: If you are a non-citizen who has lost eligibility for SSI benefits
based on a statutory seven-year limit, and you have filed an I-485 or
N-400 with USCIS, you may request expedited processing of your pending
application at any time, regardless of when you lost SSI benefits. USCIS
is working with SSA to identify people who have lost or who will lose
their SSI benefits within the next year and who already have an I-485 or
N-400 pending with USCIS. USCIS will then expedite those cases even if
the applicant has not yet requested expedited processing and the
application has not been pending for six months.

**Q: How will USCIS contact non-citizen SSI beneficiaries with pending
applications who have lost their SSI benefits?**

A: USCIS and SSA will mail a blue letter to people who have lost their
SSI benefits due to the seven-year statutory limit. The letter will
explain that they need to do the following:

-   File an I-485 or N-400, if eligible

-   Be aware of the fee waiver application process

-   For those who already have a pending application, how to request
    expedited processing

**Q: What should I include with my I-485 or N-400 form? **

A:  If you receive a blue letter from USCIS about your eligibility for
expedited processing, you should include that letter when you mail your
form to USCIS.  If you do not receive a blue letter from USCIS about the
Kaplan settlement, you should include any other documents showing proof
that that you are receiving or have received SSI benefits.

**Q: How do I contact USCIS to request expedited processing based on my
eligibility as a non-citizen beneficiary of SSI?**

A: There are several ways you can contact USCIS to request expedited
processing:

-   Call the USCIS National Customer Service Center at 1-800-375-5283.

-   Make an InfoPass appointment at
    [www.infopass.uscis.gov](http://www.infopass.uscis.gov/) and come to
    your local USCIS Field Office in person. Our website,
    [www.uscis.gov](http://www.uscis.gov/), has a list of all field
    office locations.

-   Mail a request for expedited processing to the office where your
    I-485 or N-400 is pending once you receive a USCIS receipt notice
    for your application. To find out where your application is pending,
    please call 1-800-375-5283.

-   Include a written request for expedited processing when you submit
    your application, however be aware that this method may take longer
    to process.

> Whichever option you choose, please let USCIS know that you are
> requesting expedited processing based on your SSI status.

**Q: If I am a non-citizen receiving SSI benefits and I just submitted
an N-400 or I-485, can I apply for expediting processing now or must I
wait until my application has been pending for over six months?**

A: Customers may request expediting processing at any time, but USCIS
will not start the expedite process until the application has been
pending for over six months.

**Q: If an applicant is eligible for SSI, will USCIS automatically waive
fees?**

A: No, however, USCIS is aware that applicants in the Kaplan class
receive or have received SSI. SSI is a federal means-tested benefit and
generally means that household incomes are at or below the poverty
level, and that individuals are age 65 or over, or disabled. Therefore,
applicants are likely to establish eligibility for a fee waiver. USCIS
asks that class members write a large notation, "KAPLAN" on the outside
of mailing envelopes containing either the I-485 or N-400 and the fee
waiver request.

**Q: What happens if I have changed addresses and never receive the blue
letter?**

A: It is vital that customers keep USCIS informed of their current
address. It is critically important to ensure that correspondence with
USCIS can be maintained. Customers who move must submit a free AR-11
Change of Address Form with USCIS within 10 days of their move. USCIS
will check for an updated address for any blue letters that have been
returned to USCIS within 90 days of mailing.

**Q: When did the Kaplan Settlement take effect, and how long will it
last?**

A: The settlement took effect March 5, 2008 and will remain in effect
until February 5, 2011.

**Q: Does this mean that if I am a non-citizen receiving SSI benefits, I
will become a citizen?**

A: Expedited processing will ensure that USCIS prioritizes processing
these forms. However, it is not a guarantee that the benefit will be
granted. USCIS still needs to make sure that applicants meet eligibility
requirements before the benefit can be granted.

**Q: Can I visit a Service Center or the National Benefit Center to ask
questions about this settlement?**

A: No. If you believe you may be eligible for expedited processing under
the Kaplan Settlement Agreement, then please call the USCIS National
Customer Service Center at 1-800-375-5283, or you may make an InfoPass
appointment to visit your local public field office.

**Attachment IV**

**USCIS Update** May 15, 2008

## 

USCIS SETTLES KAPLAN CLASS ACTION

SSI Beneficiaries can request expedited processing of Forms I-485 and
N-400

##  WASHINGTON---U.S. Citizenship and Immigration Services (USCIS) has entered into a settlement agreement in a national class action, Kaplan, et al. v. Chertoff, et al., CV 06-5304, which was filed in the U.S. District Court for the Eastern District of Pennsylvania. 

## 

## The suit was brought by non-U.S. citizens who had lost or who were about to lose their eligibility for Supplemental Social Income (SSI) based on a statutory seven-year limit found at 8 U.S.C. §1612(a)(2)(A), and who were unable to become naturalized U.S. citizens before the loss of SSI benefits. In addition to DHS and USCIS, the Federal Bureau of Investigation (FBI) and the Social Security Administration (SSA) are part of the settlement agreement. The class was represented by attorneys at Community Legal Services in Philadelphia, the HIAS and Council Migration Services in Philadelphia, Ballard Spahr Andrews & Ingersoll LLP, pro bono counsel, and the Sargent Shriver National Center on Poverty Law. The settlement agreement took effect March 5, 2008, and will remain in effect until February 5, 2011. 

Under the settlement agreement USCIS will expedite Applications to
Register Permanent Status or Adjust Status (Form I-485) -- commonly
referred to as 'green card' applications -- and Applications for
Naturalization (Form N-400) of current or former SSI beneficiaries if
the application has been pending with USCIS for more than six months.
Expedited processing includes USCIS requesting an accelerated FBI Name
Check as well as prioritizing other USCIS internal actions, such as the
scheduling of an interview. USCIS will work with SSA to identify
individuals who have lost or who will lose their SSI benefits within the
next year and who already have an I-485 or N-400 pending with USCIS.
USCIS will then expedite those cases even if the applicant has not yet
requested expedited processing and even if the application has not been
pending for six months.

If you are not a U.S. citizen currently receiving SSI benefits or you
have had your benefits terminated or suspended due to the seven-year
limit, you can request expedited processing of your I-485 or N-400 by
calling the USCIS toll free number at (800) 375-5283 or (800) 767-1833
(TTY), or by contacting your local USCIS office in person or in writing.
You should keep a record of this call or contact.

If you have not yet filed an I-485 or N-400 and are eligible to do so,
you may also apply for a fee waiver when you file the application. You
may also request expedited processing when you file the application. Be
sure to write the word "KAPLAN" on the outside of the mailing envelope
of your application.

To learn more about becoming a U.S. citizen, applying for adjustment of
status, or to receive information about fee waivers, visit USCIS
websites at
[**www.uscis.gov/naturalization**](http://www.uscis.gov/naturalization),
[**www.uscis.gov/greencard**](http://www.uscis.gov/greencard), and
[**www.uscis.gov/feewaiver**](http://www.uscis.gov/feewaiver). General
information can also be obtained by contacting the National Customer
Service Center at (800) 375-5283.

-- USCIS --

[^1]: Pursuant to section 2 of the "SSI Extension for Elderly and
    Disabled Refugees Act" a trafficking victim is an individual who
    meets the definition at 22 U.S.C. § 7105(b)(1)(C) or who has been
    granted status under section 101(a)(15)(T)(ii) of the INA.