8 CFR 1.3 - Lawfully present aliens for purposes of applying for Social Security benefits
| Cite as | 8 CFR 1.3 |
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19 practice notes
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Medicaid, Children's Health Insurance Programs, and Exchanges: Essential Health Benefits in Alternative Benefit Plans, Eligibility Notices, Fair Hearing and Appeal Processes for Medicaid and Exchange Eligibility Appeals and Other Provisions Related to Eligibility and Enrollment for Exchanges, Medicaid and CHIP, and Medicaid Premiums and Cost Sharing
...costs. As explained in the SHO, our policy is based on the definition provided in Department of Homeland Security (DHS) regulations at 8 CFR 1.3, used for purposes of Social Security benefits, with some modification appropriate to the Medicaid and CHIP We propose the following limited diffe......
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Texas v. United States, No. 15–40238.
...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......
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Casa De Md. v. U.S. Dep't of Homeland Sec., No. 18-1521
...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. § ......
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Texas v. United States, No. 15–40238.
...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, ––– F.Supp.3d at –––– n. 64, 2015 WL 648579, at *44 n. 64 ; see also 26 U.S.C. §......
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12 cases
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Texas v. United States, No. 15–40238.
...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......
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Casa De Md. v. U.S. Dep't of Homeland Sec., No. 18-1521
...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. § ......
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Dep't of Homeland Sec. v. Regents of the Univ. of Cal., No. 18-587
...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......
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Texas v. United States, No. 15-40238
...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
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Supreme Court Rules in Favor of DACA
...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
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Faithful execution and enforcement discretion.
...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) (......