Speech #1050067168

President. I would like to clarify two items of concern in the budget agreement. Last year. when Congress passed the welfarereform bill. it granted States the authority to deny State and local public benefits to certain immigrants. Included in that bill was a provision that exempts nonprofit charitable organizations from verifying immigration status. The conference report on the budget bill explicitly grants the States authority to require immigrants to provide proof of eligibility for State and local public benefits. This new provision allows States to "require an applicant for State and local public benefits (as defined in section 411(c)) to provide proof of eligibility". Section 411(c) refers to the definition of State and local benefits in title IV of the welfare bill. It is my understanding that this provision does not grant the States authority to require charities to conduct immigration verification for State and local public benefits. The nonprofit exemption in section 432 of the welfare bill explains that a nonprofit charity. in providing "any State or local public benefit (as defined in Section 411(c)) * * * Is not required under this title to determine. verify. or otherwise require proof of eligibility * * *." As Congress has plenary power in the immigration arena. it seems that States may not add a requirement for charities to verify immigration status without express authority from Congress. States were not granted that authority in last years welfare bill. and States are not granted that authority in this budget bill. Since the clarification of State verification authority is being inserted into title IV of the welfare reform law. the nonprofit exemption applies. Authority. if any. to require charities to conduct immigration verification would have to be found in a distinct. express grant of Federal authority outside title IV of the welfare bill. I would also like to clarify that under the conference report on. the budget bill. refugees. asylees. and certain other immigrants currently receiving SSI will not lose their eligibility for SSI. Section 402 of last years welfare law Instituted a bar on SSI for certain qualified aliens. Section 402(a)(2)(A) created an exception to this bar for refugees. Refugees can receive SSI benefits for five years from the date they are admitted into the United States. The conference report on the budget bill modifies these provisions in two ways. First. the conference report extends the refugee exception from 5 years to 7 years. An additional. separate provision of the conference report. section 402(a)(2)(E). creates a new exception to the bar on SSI benefits which reinstates SSI benefits for qualified aliens receiving benefits on August 22. 1996. For refugees. these are two independent sources of SSI eligibility. It is my understanding that refugees not receiving SSI benefits on August 22. 1996 will qualify for SSI through section 402(a)(2)(A) for a period of 7 years. Refugees already receiving SSI benefits on August 22. 1996 will be eligible to keep those benefits. even after their 7 years has expired. under section 402(a)(2)(E) without regard to the 7 year cutoff. Thank you for letting me briefly clarify those two points. Mr.