Social Security Legislative Bulletin

Number: 110-39
Date: October 1, 2008

On September 30, 2008, President Bush signed into law H.R. 2608, the “SSI Extension for Elderly and Disabled Refugees Act,” (P.L. 110-328). On September 17, 2008, the House approved the Senate amendments to the previously House-passed language. (See Legislative Bulletins 110-4, 110-35 and 110-36.)

Following are the Supplemental Security Income (SSI) provisions:

•  Extends the 7-year SSI eligibility period for refugees, asylees, and certain other humanitarian immigrants (including victims of human trafficking) to 9 years for the period October 1, 2008 through September 30, 2011. In order to qualify for the extension, certain noncitizens would be required to sign a declaration indicating that they have made a good faith effort to pursue U. S. citizenship (as determined by the Secretary of Homeland Security in consultation with the Commissioner of Social Security).

•  The 2-year extension also applies retroactively to those noncitizens whose SSI had previously ceased solely due to the expiration of the 7-year period. For these individuals, SSI benefits would be paid prospectively, monthly over the duration of the noncitizen's renewed eligibility.

•  Defines noncitizens (qualified aliens or victims of human trafficking) eligible for the 2-year extension as follows:

•  Lawful permanent residents who have held such status for less than 6 years, and such status has not been abandoned or rescinded (as verified through the Commissioner in consultation with the Secretary of Homeland Security).

•  Noncitizens who have applied to become lawful permanent residents within 4 years from the date they began to receive SSI (as verified through the Commissioner in consultation with the Secretary of Homeland Security).

•  Cuban and Haitian entrants, as defined in section 501(e) of the Refugee Education Assistance Act of 1980.

•  Noncitizens who have had their deportation withheld by the Secretary of Homeland Security under section 243(h) of the Immigration and Nationality Act (as in effect on December 31, 1996) or whose removal is withheld under section 241(b)(3) of such Act.

•  Noncitizens who have not attained age 18, or those who are age 70 or older.

•  Provides that noncitizens (qualified aliens or victims of human trafficking) who are under age 18 are exempt from the requirement to sign a declaration indicating that they have made a good faith effort to pursue U. S. citizenship.

•  Exempts from the time-limited SSI eligibility period (during the 3-year window of October 1, 2008 through September 30, 2011) specified noncitizens (as defined above) if they have naturalization applications pending or if they are awaiting the citizenship swearing-in ceremony, as verified by the Commissioner in consultation with the Secretary of Homeland Security. The exemption also applies to individuals with applications pending who were previously rendered ineligible due to expiration of the 7-year period.

•  Effective October 1, 2008 and expires September 30, 2011.

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