8 C.F.R. §1.3 - Lawfully present aliens for purposes of applying for Social Security benefits
| Cite as | 8 C.F.R. §1.3 |
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14 cases
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Texas v. United States, Civil Action No. 1:18-CV-00068
...and a pre-existing regulation defining "lawfully present in the United States" includes "alien currently in deferred action status."8 8 C.F.R. § 1.3(a)(4)(vi).Additionally, deferred action status makes recipients eligible to apply for work authorization pursuant to a pre-existing regulation......
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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, Civil Action No. 1:18-CV-00068
...or she can become eligible for a Social Security number, along with its attendant benefits.9 20 C.F.R. §§ 422.104(a)(2), 422.105(a) ; 8 C.F.R. § 1.3(a)(4)(vi). Further, DACA recipients are also eligible for certain state benefits, such as a Texas driver's license and access to Texas's state......
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State ex rel. Brnovich v. Maricopa Cnty. Cmty. Coll. Dist. Bd., 1 CA–CV 15–0498
...in 8 U.S.C. [§] 1641(b)," thereby unequivocally limiting those aliens' eligibility solely to federal Social Security benefits. See 8 C.F.R. § 1.3(a)(1), (4)(vi). And, although DACA recipients may be eligible for Social Security benefits, they are specifically precluded from receiving federa......
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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) (......