CSBG does not limit eligibility based on immigration status. All immigrants regardless of their immigration status may receive CSBG services, unless another statute authorizes the exclusion of non-citizens. OCS Information Memorandum (IM) 30. IM 30 makes clear that “non citizens, regardless of their alien status, should not be banned from Community Services Block Grant programs based solely on their alien status unless such exclusion is already authorized by another statute.” When referring to “another statute,” the IM means a federal law other than the PRWORA, as the Department of Health and Human Services (HHS) has established per IM 30 that CSBG is not covered by PRWORA and thus is not one of the federal public benefit programs requiring immigrant eligibility. Thus, in the absence of any independent federal law restricting access to CSBG-funded services, CSBG programs should be available to immigrant clients. CAAs do not need to inquire into, collect, or retain any immigration information in relation to CSBG programs.

Public Charge

CSBG is excluded from a public charge determination because it is not included in the Public Charge Rule. This means that receiving CSBG services should not result in any negative immigration-related consequences for a recipient.

Head Start Preschool and Early Head Start are not considered federal public benefits under PRWORA and therefore are not subject to PRWORA’s eligibility restrictions. The Head Start Program Performance Standards (HSPPS) eligibility criteria do not require verification of the immigration status or citizenship of any child, parent, or guardian for participation in any Head Start Preschool and Early Head Start programs. See 45 C.F.R. 1302.12. Any child otherwise eligible for Head Start may enroll without regard to their or their parent/guardians’ immigration status.

Public Charge

Head Start Preschool and Early Head Start are excluded from a public charge determination because they are not included in the Public Charge Rule. This means that receiving Head Start Preschool and/or Early Head Start services should not result in any negative immigration-related consequences for a recipient or their family.

The Department of Housing and Urban Development (HUD) Public Housing and Section 8 services are considered a “federal public benefit” under PRWORA and therefore restrict eligibility to individuals with the following immigration statuses:

• U.S. citizens
• Lawful permanent residents (LPRs)
• Lawful temporary residents under the general amnesty program created by the Immigration Reform and Control Act of 1986
• Refugees, asylees, and persons granted withholding of deportation/removal
• Victims of trafficking
• Parolees
• Citizens of Micronesia, the Marshall Islands, and Palau
• Qualified battered immigrants
• Cuban/Haitian entrants (arguably eligible and have been granted access to public housing in some jurisdictions)

Families may reside in HUD Public Housing or Section 8 housing if at least one member of the family has an eligible immigration status. 24 C.F.R. §§ 5.500, et seq. If only a portion of household members are eligible, the subsidy will be pro-rated based on the portion of eligible household members, resulting in a higher rent paid by the tenants.

Those declaring an eligible status must provide proof of status and Social Security Numbers (SSNs). 24 C.F.R. § 5.216; HUD PIH 2018-24. Immigration documents are verified for current tenants and new applicants, but not for household members who do not claim eligibility because of their immigration status. Household members who do not claim eligibility do not need to reveal why they are ineligible, such as not having a documented immigration status. Public housing agencies are not required to report information relating to those ineligible for services to the Department of Homeland Security (DHS) except in extremely rare circumstances as described under the Recordkeeping and Reporting section of this resource.

Public Charge

HUD Public Housing and Section 8 are excluded from a public charge determination because they are not included in the Public Charge Rule. This means that residing in HUD Public Housing and receiving Section 8 services should not result in any negative immigration-related consequences for a recipient.

All households or family units which include at least one U.S. citizen or “qualified” immigrant are eligible for LIHEAP and WAP services, except for the weatherization of multi-unit buildings. Families living in multi-unit buildings are eligible for LIHEAP and WAP without regard to the immigration status of those living in the units. Cooling centers also have no immigration restrictions. “Qualified” immigrants are defined in Section 431 of PRWORA, 8 U.S.C. 1641(b), to include:

• Lawful permanent residents (LPRs)
• Refugees, asylees, persons granted withholding of deportation/removal
• Persons granted conditional entry (in effect prior to April 1, 1980)
• Persons paroled into the United States for at least one year
• Cuban/Haitian entrants (as defined in section 501(e) of the Refugee Education Assistance Act of 1980)
• Certain battered spouses and children (as defined in 8 U.S.C. 1641(c))
• Certain victims of trafficking (as defined in 8 U.S.C. 1641(c)(4)) and their derivative beneficiaries
• Individuals who lawfully reside in the U.S. pursuant to a COFA

If only a portion of household members are eligible because of their immigration status, LIHEAP assistance may be pro-rated based on the portion of eligible household members, depending on the state. For a CAA to pro-rate LIHEAP benefits, the state must permit pro-rated assistance (as encouraged by HHS), and the LIHEAP benefits must be reasonably able to be pro-rated. For example, a CAA can pro-rate energy bill reductions based on the portion of eligible household members, which will result in a higher energy bill than if all household members were eligible.

CAAs may use LIHEAP funds to pay for the full amount of an arrearage to reconnect services or prevent the disconnection of home energy services for an eligible household member to ensure the availability of home energy services, even if the eligible member resides with ineligible household members. CAAs may also provide eligible household members with other LIHEAP services that a CAA cannot pro-rate such as the purchase/repair/replacement of a heating or air-conditioning unit, weatherization services, and other minor home energy-related repairs.

LIHEAP grantees must document, verify and include the LIHEAP benefit amount calculation of all household members—regardless of eligibility. However, grantees must exclude ineligible household members from the total household count when determining the benefit. LIHEAP IM 2023-03.

Previous WAP guidance directed grantees to review LIHEAP guidance with respect to immigrant eligibility to receive weatherization benefits. Weatherization Program Notice (WPN) 22-3. The Department of Energy therefore appears to default to LIHEAP’s guidance with respect to serving immigrants with WAP funding.

Public Charge

LIHEAP and WAP are excluded from a public charge determination because they are not included in the Public Charge Rule. This means that receiving LIHEAP and/or WAP services should not result in any negative immigration-related consequences for a recipient or their family.

CAAs may wish to engage with their state, as states can use their own funds to provide coverage to individuals who are not eligible under federal policies. This is often implemented in stages, e.g., first with coverage for children or seniors.

A growing number of states are also expanding eligibility for various programs at the state level and providing assistance to immigrants who are not eligible for federally-funded services. Section 1332 of the Affordable Care Act (ACA) permits states to apply for state innovation waivers. The purpose of these waivers is to allow states to take different approaches to meeting the ACA’s goal of providing residents with access to quality and affordable health insurance. Because the ACA excludes immigrants from purchasing either subsidized or full cost plans on health insurance marketplaces, one way some states used such innovation waivers is to waive immigration-based eligibility restrictions for access to healthcare marketplaces. These waivers can therefore help provide immigrants access to quality and affordable health insurance.

For those programs with no eligibility restrictions, such as CSBG, CAAs are not required to collect and hold information relating to citizenship status. In this case, CAAs may consider identifying recipients based on randomly-generated identification numbers to retain privacy and security for immigrant clients, rather than using SSNs, for example.

CAAs providing services in connection with programs that have eligibility restrictions for immigrants and require the collection of immigration status information should be aware of their obligations and responsibilities with respect to such information. PRWORA requires certain entities to report to U.S. Citizenship and Immigration Services (USCIS) (formerly known as the Immigration and Naturalization Service (INS)) any individual who the entity, under certain specified programs, “knows is not lawfully present in the United States.” 8 U.S.C. 1614 (PRWORA Sec. 404); 5 Fed. Reg. 58301 (Sep. 28, 2000).

The entities required to report under PRWORA include:

1. State agencies that administer a block grant under part A of Title IV of the Social Security Act;
2. The Social Security Administration (SSA), only with respect to the Supplemental Security Income (SSI) program under Title XVI of the Social Security Act;
3. State agencies responsible for an SSI Optional State Supplementation under the SSI program if the state has entered into an agreement with SSA for Federal administration of payments under that program pursuant to section 16169(a) of the Social Security Act;
4. HUD, only with respect to the Public and Assisted Housing Program provided under the United States Housing Act; and
5. Any public housing agency that enters into a contract for assistance under section 6 or 8 of Title I of the United States Housing Act.

It is very unlikely that a CAA will have immigration reporting obligations, but CAAs should know that other entities they interact with may have such obligations. To protect the privacy and security of immigrant clients, CAAs should only collect and share immigration information when specifically required. For example, if an individual discloses that they are not legally present in the U.S. and the CAA is not required to report that, the CAA should not record that immigration information but may simply indicate in the relevant notes that the individual is ineligible.

• The National Immigration Law Center (NILC) is the legal expert on immigrant eligibility for public benefits, both state and federal. NILC’s Economic Support webpage includes many helpful resources addressing immigrant eligibility for public benefits, including a regularly updated table that provides an overview of immigrant eligibility for federal programs.
• Keep Your Benefits offers an interactive guide to help CAA staff or clients weed through the confusion regarding which public benefit programs impact a public charge determination.
• Section 1332: State Innovation Waivers provides further information on state innovation waivers, including application and pass-through funding tools and resources.
• CAPLAW’s other immigration-related resources include:
  • New Proposed Public Charge Rule Codifies 1999 Guidance
  • CAPLAW Public Charge FAQ: Understanding the New Rule and its Implications for CAA Clients
  • Tips for Responding to ICE Inquiries