8 CFR 1.3 - Lawfully present aliens for purposes of applying for Social Security benefits

Cite as8 CFR 1.3
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19 practice notes
12 cases
  • Texas v. United States, No. 15–40238.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • November 9, 2015
    ...8 U.S.C. § 1611(b)(2)–(3) ).17 Brief for Appellants at 49 (citation omitted) (citing 42 U.S.C. § 405(c)(1)(B), (4), (5)(A)–(J) ; 8 C.F.R. § 1.3(a)(4)(vi) ; 20 C.F.R. §§ 422.104(a)(2), 422.105(a) ).18 Dist. Ct. Op., 86 F.Supp.3d at 654 n. 64 ; see also 26 U.S.C. § 32(c)(1)(E), (m) (stating t......
  • Casa De Md. v. U.S. Dep't of Homeland Sec., No. 18-1521
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • May 17, 2019
    ...abroad, social security benefits, and certain forms of public assistance. See 8 U.S.C. §§ 1182(d)(5)(A), 1611(b)(1), 1621(b)(1), (d) ; 8 C.F.R. §§ 1.3(a)(4)(vi), 212.5. DACA recipients also were eligible to receive employment authorization on a showing of economic necessity. See 8 U.S.C. § ......
  • Dep't of Homeland Sec. v. Regents of the Univ. of Cal., No. 18-587
    • United States
    • United States Supreme Court
    • June 18, 2020
    ...are considered "lawfully present" for purposes of, and therefore eligible to receive, Social Security and Medicare benefits. See 8 CFR § 1.3(a)(4)(vi) ; 42 CFR § 417.422(h) (2012).In November 2014, two years after DACA was promulgated, DHS issued a memorandum announcing that it would expand......
  • Texas v. United States, No. 15-40238
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • May 26, 2015
    ...Memo, supra note 7, at 4. 12. Brief of the United States at 49 (citations omitted) (citing 42 U.S.C. § 405(c)(1)(B), (4), (5)(A)-(J); 8 C.F.R. § 1.3(a)(4)(vi); 20 C.F.R. §§ 422.104(a)(2), 422.105(a)). 13. Texas, 2015 WL 648579, at *44 n.64; see also 26 U.S.C. § 32(c)(1)(E), (m) (stating tha......
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1 firm's commentaries
  • Supreme Court Rules in Favor of DACA
    • United States
    • JD Supra United States
    • June 22, 2020
    ...has no basis in law,” which indicates a move away from the more liberal interpretation that new applications will be allowed. 2 See 8 CFR §1.3(a)(4)(vi); 42 CFR§417.422(h) 3 Regents of the University of California v. DHS, No. 3:17-cv-05211 (N.D. C.A., Jan. 9, 2018) (order denying FRCP 12(b)......
1 books & journal articles
  • Faithful execution and enforcement discretion.
    • United States
    • University of Pennsylvania Law Review Vol. 164 Nbr. 7, June - June 2016
    • June 1, 2016
    ...aliens "lawfully present in the United States as determined by the Attorney General" from bar on receipt of Social Security benefits); 8 C.F.R. 1.3(a)(4)(vi) (2016) (defining "alien lawfully present in the United States" to include an alien in deferred action status); 42 C.F.R. 417.422(h) (......

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