[Federal Register Volume 62, Number 238 (Thursday, December 11, 1997)]
[Notices]
[Pages 65285-65287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32438]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

[AG Order No. 2131-97]


Guidance on Standards and Methods for Determining Whether a 
Substantial Connection Exists Between Battery or Extreme Cruelty and 
Need for Specific Public Benefits

AGENCY: Department of Justice.

ACTION: Notice of guidance; rescission of prior order.

-----------------------------------------------------------------------

SUMMARY: The Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 (``PRWORA''), as amended by the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996, provides 
that certain categories of aliens who have been subjected to battery or 
extreme cruelty in the United States are

[[Page 65286]]

``qualified aliens'' eligible for certain federal, state, and local 
public benefits. To be qualified under this provision, an alien must 
demonstrate, among other things, that there is a substantial connection 
between the battery or extreme cruelty and the need for the public 
benefit sought. As initially enacted, the PRWORA vested in the Attorney 
General the authority to determine whether a substantial connection 
exists between the battery or extreme cruelty suffered by the alien or 
alien's child and the specific benefits sought by the alien. The 
Attorney General exercised that authority in Attorney General Order No. 
2097-97. Subsequent to the issuance of that Order, Congress passed the 
Balanced Budget Act of 1997, which amended the PRWOR to vest the 
authority for making substantial connection determinations in benefit 
providers, rather than the Attorney General. The Balanced Budget Act 
also requires the Attorney General to issue guidance to benefit 
providers on the standards and methods to be used in making substantial 
connection determinations. Pursuant to the Balanced Budget Act, this 
Notice rescinds Attorney General Order No. 2097-97 and provides 
guidance to benefit providers regarding substantial connection 
determinations.

DATES: This Notice is effective November 23, 1997.

FOR FURTHER INFORMATION CONTACT: Diane Rosenfeld, Senior Counsel, The 
Violence Against Women Office, United States Department of Justice, 950 
Pennsylvania Ave., Washington, D.C. 20530, (202) 616-8894.

SUPPLEMENTARY INFORMATION: Section 431(c) of the Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996 
(``PRWORA''), Public Law 104-193, as added by the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996, Public Law 104-208, 
and amended by sections 5571-72 and 5581 of the Balanced Budget Act of 
1997, Pub. L. 105-33, provides that certain categories of aliens who 
have been subjected to battery or extreme cruelty in the United States 
are ``qualified aliens'' eligible for certain federal, state, and local 
public benefits. To be a qualified alien under this provision, an alien 
must demonstrate that: (1) The Immigration and Naturalization Service 
or the Executive Office for Immigration Review has granted a petition 
or application field by or on behalf of the alien, the alien's child, 
or the alien child's parent under one of several subsections of the 
Immigration and Nationality Act (INA), or has found that a pending 
petition or application sets forth a prima facie case for relief under 
the applicable provision of the INA; (2) the alien, the alien's child, 
or the alien child's parent has been battered or subjected to extreme 
cruelty in the United States: (a) In the case of an abused alien, by 
the alien's spouse or parent, or by a member of the spouse or parent's 
family residing in the same household as the alien and the spouse or 
parent consents to or acquiesces in such battery or cruelty; (b) in the 
case of an alien whose child is abused, by the alien's spouse or 
parent, or by a member of the spouse or parent's family residing in the 
same household as the alien and the spouse or parent consents to or 
acquiesces in such battery or cruelty and the alien did not actively 
participate in the battery or cruelty; (c) in the case of an alien 
child whose parent is abused, by the parent's spouse or a member of the 
spouse's family residing in the same household as the parent and the 
spouse consents to or acquiesces in such battery or cruelty; (3) there 
is a substantial connection between the battery or extreme cruelty and 
the need for the public benefit sought and (4) the battered alien, 
child, or parent no longer resides in the same household as the abuser.
    As originally enacted, section 431(c) of the PRWORA vested in the 
Attorney General the responsibility for determining whether an alien 
applicant for benefits had demonstrated a substantial connection 
between the battery or extreme cruelty and the applicant's need for 
particular benefits. The Attorney General exercised that authority in 
Attorney General Order No. 2097-97, Determination of Situations that 
Demonstrate a Substantial Connection Between Battery or Extreme Cruelty 
and Need for Specific Benefits, 62 FR 39874 (July 24, 1997). In 
drafting this Determination, the Attorney General consulted with 
federal benefit-granting agencies that are implementing section 431(c) 
of PRWORA and with other interested parties.
    Subsequently, Congress enacted the Balanced Budget Act of 1997, 
which amended section 431(c) of the PRWORA to require that benefit 
providers, rather than the Attorney General, determine whether an 
applicant for benefits under this section has demonstrated a 
substantial connection between battery or extreme cruelty and the need 
for the particular benefit sought. Although section 5571 of the 
Balanced Budget Act transfers the authority to make substantial 
connection determinations from the Attorney General to the benefit 
provider, it directs the Attorney General to issue guidance to benefit 
providers on the standards and methods for making such 
determinations.\1\ That guidance is set forth below.
---------------------------------------------------------------------------

    \1\ Section 5571 also requires the Attorney General to issue 
guidance on the meaning of the terms ``battery'' and ``extreme 
cruelty'' as employed in the PRWORA, as amended. That information 
can be found in Exhibit B to Attachment 5 of the Interim 
Verification Guidance.
---------------------------------------------------------------------------

    This Notice of guidance is an ``interpretive rule'' and therefore 
is not subject to the notice and comment or delay in effective date 
requirements of 5 U.S.C. 553. This Determination is not a ``significant 
regulatory action'' under Executive Order 12866 and is not a ``major 
rule'' under 5 U.S.C. 804.

Guidance on Standards and Methods for Determining Whether a Substantial 
Connection Exists Between Battery or Extreme Cruelty and Need for 
Specific Public Benefits

    By virtue of the authority vested in me as Attorney General by law, 
including section 431(c) of the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996, as amended, I hereby issue the 
following guidance to federal, state, and local public benefit 
providers concerning the standards and methods to be used in 
determining whether an alien applicant for benefits demonstrates that 
there is a substantial connection between the battery or extreme 
cruelty suffered by the alien, the alien's child, or (in the case of an 
alien child) the alien's parent and the need for the public benefit(s) 
sought. The following list sets forth the circumstances under which I 
would find the existence of a substantial connection. Although this 
guidance is not binding upon benefit providers, it is intended to 
assist benefit providers in developing standards by which to make 
substantial connection determinations.
    (1) Where the benefits are needed to enable the applicant, the 
applicant's child, and/or (in the case of an alien child) the 
applicant's parent to become self-sufficient following separation from 
the abuser;
    (2) Where the benefits are needed to enable the applicant, the 
applicant's child, and/or (in the case of an alien child) the 
applicant's parent to escape the abuser and/or the community in which 
the abuser lives, or to ensure the safety of the applicant, the 
applicant's child, and/or (in the case of an alien child) the 
applicant's parent from the abuser;
    (3) Where the benefits are needed due to a loss of financial 
support resulting from the applicant's, his or her child's, and/or (in 
the case of an alien child) his or her parent's separation from the 
abuser;

[[Page 65287]]

    (4) Where the benefits are needed because the battery or cruelty, 
separation from the abuser, or work absences or lower job performance 
resulting from the battery or extreme cruelty or from legal proceedings 
relating thereto (including resulting child support or child custody 
disputes) cause the applicant, the applicant's child, and/or (in the 
case of an alien child) the applicant's parent to lose his or her job 
or require the applicant, the applicant's child, and/or (in the case of 
an alien child) the applicant's parent to leave his or her job for 
safety reasons;
    (5) Where the benefits are needed because the applicant, the 
applicant's child, and/or (in the case of an alien child) the 
applicant's parent requires medical attention or mental health 
counseling, or has become disabled, as a result of the battery or 
cruelty;
    (6) Where the benefits are needed because the loss of a dwelling or 
source of income or fear of the abuser following separation from the 
abuser jeopardizes the applicant's and/or (in the case of an alien 
child) the applicant's parent's ability to care for his or her children 
(e.g., inability to house, feed, or clothe children or to put children 
into day care for fear of being found by the abuser);
    (7) Where the benefits are needed to alleviate nutritional risk or 
need resulting from the abuse or following separation from the abuser;
    (8) Where the benefits are needed to provide medical care during a 
pregnancy resulting from the abuser's sexual assault or abuse of, or 
relationship with, the applicant, the applicant's child, an/or (in the 
case of an alien child) the applicant's parent and/or to care for any 
resulting children; or
    (9) Where medical coverage and/or health care services are needed 
to replace medical coverage or health care services the applicant, the 
applicant's child, and/or (in the case of an alien child) the alien's 
parent had when living with the abuser.

    Dated: November 23, 1997.
Janet Reno,
Attorney General.
[FR Doc. 97-32438 Filed 12-10-97; 8:45 am]
BILLING CODE 4410-10-M