Oklahoma § 56-230.73 - Qualified aliens

§ 56-230.73. Qualified aliens

A. As used in this section:

1. "Legal immigrant" means an individual not born in the United

States and not a citizen of the United States whose entrance into

the United States has been approved by the Immigration and

Naturalization Service; and

2. "Qualified alien" shall have the same meaning as such term

is defined by Section 431(b) of the federal Personal Responsibility

and Work Opportunity Reconciliation Act of 1996, P.L. 104-193, as

amended.

B. 1. The Legislature hereby finds and declares that passage

of the federal Personal Responsibility and Work Opportunity

Reconciliation Act of 1996, P.L. 104-193, requires the states to

make certain decisions concerning legal immigrants and their

eligibility for certain types of public assistance.

2. The goal of this section is to recognize that foreign-born

legal residents of the State of Oklahoma contribute to our society

by working in our communities, supporting local businesses, and

paying taxes and should be eligible to receive certain types of

public assistance under certain conditions. Moreover, the state

goal is to provide the types of assistance that will enhance the

state's ability to receive federal financial participation, thereby

reducing the ultimate burden on the state and local government for

emergency health and welfare needs.

Oklahoma Statutes - Title 56. Poor Persons

3. This section is also intended to encourage and support

efforts to help foreign-born legal residents of the State of

Oklahoma to become citizens of the United States.

C. 1. A qualified alien who entered the United States before

August 22, 1996, shall be eligible to receive benefits under a state

program funded by Temporary Assistance for Needy Families Block

Grant Funds pursuant to Part A of Title IV of the federal Social

Security Act.

2. A qualified alien who entered the United States on or after

August 22, 1996, shall be barred from receiving the benefits

described in paragraph 1 of this subsection for a period of five (5)

years after the date of entry into the United States, unless such

alien meets the exceptions set forth in the federal Personal

Responsibility and Work Opportunity Reconciliation Act of 1996, P.L.

104-193, as amended. After five (5) years, the qualified alien

shall be eligible for benefits pursuant to the Statewide Temporary

Assistance Responsibility System (STARS), but shall have sponsor

income deemed to the individual or family pursuant to rules

promulgated by the Commission for Human Services.

D. 1. A qualified alien who entered the United States before

August 22, 1996, shall be eligible to receive benefits under the Old

Age Pension, the Aid to the Needy Disabled, and the Aid to the Blind

programs if such qualified alien meets the eligibility criteria for

such programs, other than citizen status.

2. A qualified alien who entered the United States on or after

August 22, 1996, shall be barred from receiving benefits under the

programs described in paragraph 1 of this subsection for a period of

five (5) years after the date of entry into the United States,

unless the alien meets the exceptions set forth in the federal

Personal Responsibility and Work Opportunity Reconciliation Act of

1996, P.L. 104-193, as amended. After five (5) years, the qualified

alien shall be eligible for benefits pursuant to such programs but

shall have sponsor income deemed to the person or family pursuant to

rules promulgated by the Commission for Human Services.

E. The Commission for Human Services shall encourage a

qualified alien who is eligible to submit an application for

citizenship to submit such an application.

F. 1. The Commission shall promulgate rules for the delivery

of emergency assistance to a person who:

a.

is a legal immigrant and a resident of the State of

Oklahoma,

b.

is not a citizen of the United States, and

c.

meets the eligibility requirements for assistance

pursuant to the Statewide Temporary Assistance

Responsibility System (STARS) program other than

citizen status and is not receiving any other public

assistance as specified by the Commission.

Oklahoma Statutes - Title 56. Poor Persons

2. Such emergency assistance may include, but need not be

limited to, the following forms of assistance:

a.

housing,

b.

food,

c.

short-term cash assistance, and

d.

clothing and social services for children.

G. 1. Sponsors shall be expected to meet their financial

commitments to the immigrants whom they sponsor and for whom they

sign affidavits of support.

2. The Commission shall also promulgate rules consistent with

this section and federal law to enforce sponsor commitments for

noncitizen applicants for or recipients of public assistance or

medical assistance.

H. In the event that after passage of this act federal law

authorizes extended benefits to aliens, the provision of this

section shall be modified and made consistent with the provisions of

federal law.

Added by Laws 1997, c. 414, § 26, eff. Sept. 1, 1997.