EES Policy No. 21-11-12

RE: Afghan Parolees Now Eligible for TANF, Food Assistance and Child Care

Policy Memo

Contact Persons: Janelle Harper, Angela Stinson or Sally Hargis

From:  Sandra Kimmons

KEESM Reference: 2140, 2142, 2146.4, 2146.6, 4120

Date:  November 1, 2021

Revised November 12, 2021 and March 8, 2022

 Other:

Primary DCF Areas Affected: Food Assistance, TANF, Child Care

Where Posted on Web: http://content.dcf.ks.gov/ees/KEESM/
Policy Memo/policy_memo_list.htm

 

On September 30, 2021, Congress passed the Afghanistan Supplemental Appropriations Act, 2022 (Public Law 117-43) and Immigration and Nationality Act under section 207. Additional guidelines have been issued by the Department of Health and Human Services, Administration for Children and Families, Office of Refugee Resettlement and USDA Food and Nutrition Service, regarding access to such assistance for the resettlement of non-special immigrant parolees (non-SI paroles) who have assisted the U.S. Government overseas, have now been relocated to the United States and the mandatory federal requires associated with providing or denying access to such individuals in the Temporary Assistance for Needy Families (TANF) program, Food Assistance (FA) program, and Child Care program. Section 2502 of this legislation provides that Afghan humanitarian parolees (also known as non-SI parolees) are now eligible to receive federal benefits, including TANF, Food Assistance and Child Care, from the date of enactment. The Immigration and Nationality Act under section 207 provides that Afghan nationals, citizens, or those who last habitually lived in Afghanistan who are granted parole between July 31, 2021 and September 30, 2022 are eligible to receive resettlement assistance, entitlement program (including Food Assistance), and other benefits available to refugees admitted. These individuals are not subject to the five-year waiting period and are immediately eligible for benefits as long as they meet all financial and non-financial eligibility requirements. The following individuals are eligible for TANF, Food Assistance and Child Care until March 31, 2023, (or the term of parole, whichever is longer) in the same way a refugee is eligible for TAN, Food Assistance and Child Care:

  • Afghan citizens and nations paroled into the US between July 31, 2021 and September 30, 2022.
  • Their spouses or children paroled after September 30, 2022 and
  • Their parents or guardians paroled after September 30, 2022, if the Afghan citizen or national is an unaccompanied child.

A revision was published on February 18, 2022 that contains updates regarding the eligibility of Afghan nationals and additional guidance on accessing documentation for this population.

  1. New categories of ORR-eligible Afghan populations

    In addition to Afghan refugees, asylees, and Special Immigrant Visa holders delineated in ORR PL 16-01, the following list contains new categories of ORR-eligible Afghan populations.

    1. Afghan individuals with SI/SQ Parole
    2. Afghan individuals with Special Immigrant (SI) Conditional Permanent Residence
    3. Afghan humanitarian parolees (AHP) admitted to the United States on or after July 31, 2021, due to urgent humanitarian reasons or significant public benefit

ORR PL 22-02 – Additional ORR-Eligiblility

ORR PL 22-10 – Afghan Populations Eligibility

Required documentation is proof of humanitarian parole and date it was received. Types of proof include a Form I-94 noting Humanitarian Parole (per INA section 212(d)(5)(A)), a foreign passport with DHS/CBP admission stamp noting “OAR”, or a foreign passport with DHS/CBP admission stamp noting “OAW”. Each individual in a family applying for TANF, Food Assistance or Child Care benefits should bring their own proof and the date their humanitarian parole was granted. See ORR (Office of Refugee Resettlement) link below:

Afghanistan Parolees TANF Eligibility – PI 10-18-21

ORR Benefits for Afghan Humanitarian Parolees

Documentation Requirement for Afghan humanitarian parolees (also known as non-SI parolees) program considerations:

  1. Staff will follow the same process they use now and enter the information provided by SAVE.
  2. Afghan non-SI/SQ parolees may have an “OAR” or “OAW” notation in the parole stamp in their foreign passport.
    1. This means that the Afghan is an Afghan Humanitarian Parolee and not an Afghan Special Immigrant.

The information below shows the appropriate workaround in KEES for these I-94s (I-94 or I-94A) for KEES considerations:

  • USCIS document: Arrival/Departure Record (I-94,I-94A)
  • Section Code: No Section Code
  • I-94 Number/ Admission Number: Enter the record number for I-94
  • Country of Citizenship: Afghanistan
  • Date of entry: Enter as appears on I-94
  • Country of Issuance: Afghanistan
  • Initial SAVE status: Refugee Secondary SAVE status: Other
  • Journal: Afghan Parolee arrived in the US on xx/xx/2021. I -94 indicates OAR or OAW admission code.
  • Non-Citizen Page: Client temporarily coded as refugee so the case can be processed, and benefits authorized.

Staff can use any of the SI or SQ section codes, with the exception of S19 and SQ9. These should approve the client without needing to meet the five-year bar. The SI and SQ section codes should dynamically populate for the I-94, I-94A, and I-551 USCIS documents.

Non-Citizenship Page