California Code of Regulations
Title 10 - Investment
Chapter 6.50 - Personal Responsibility and Work Opportunity Reconciliation
Section 4005 - Limitations on Public Benefits for Aliens
Universal Citation: 10 CA Code of Regs 4005
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) All eligibility requirements contained herein shall be applied without regard to the race, creed, color, gender, religion, disability, or national origin of the individual applying for the public benefit.
(b) Pursuant to Section 411 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub. L. No. 104-193(PRWORA)), (8 U.S.C. sec. 1621), and notwithstanding any other provision of this division, aliens who are not qualified aliens, nonimmigrant aliens under the Immigration and Nationality Act (INA) (8 U.S.C. sec. 1101 et seq.), or aliens paroled into the United States under Section 212(d)(5) of the INA (8 U.S.C. sec. 1182(d)(5)) for less than one year, are not eligible to receive loans under the Fishing Fleet Loan program (Fish and Game Code section 9100), except as provided in 8 USCS 1621(c)(2).
(c) A qualified alien is an alien who, at the time he or she applies for, receives, or attempts to receive a public benefit, is, under Section 431(b) and (c) of the PRWORA (8 U.S.C. sections 1641(b) and (c), any of the following:
(1) An alien who is lawfully admitted for
permanent residence under the INA (8 U.S.C. sec. 1101 et seq.).
(2) An alien who is granted asylum under Section
208 of the INA (8 U.S.C. sec.
1158).
(3) A refugee who is admitted to the United States
under Section 207 of the INA (8
U.S.C. sec. 1157).
(4) An alien who is paroled into the United States
under Section 212(d)(5) of the INA (8 U.S.C. sec.
1182(d)(5)) for a period of at
least one year.
(5) An alien whose
deportation is being withheld under Section 243(h) of the INA (8 U.S.C. Sec.
1253(h)) (as in effect
immediately before the effective date of
Section 307
of division C of
Public Law
104-208) or Section 241(b)(3) of such Act
(8 U.S.C. sec.
1251(b)(3)) (as amended by
Section
305(a) of division C of
Public Law
104-208).
(6) An alien who is granted conditional entry
pursuant to Section 203(a)(7) of the INA as in effect prior to April 1, 1980.
(8 U.S.C. sec.
1153(a)(7)) (See editorial note
under 8 U.S.C. sec.
1101, "Effective Date of 1980
Amendment.")
(7) An alien who is a Cuban
or Haitian entrant (as defined in Section 501(e) of the Refugee Education Assistance
Act of 1980 (8 U.S.C. sec.
1522 note)).
(8) An alien who meets all of the conditions of
subparagraphs (A), (B), (C), and (D) below:
(A)
The alien has been battered or subjected to extreme cruelty in the United States by
a spouse or a parent, or by a member of the spouse's or parent's family residing in
the same household as the alien, and the spouse or parent of the alien consented to,
or acquiesced in, such battery or cruelty. For purposes of this subsection, the term
"battered or subjected to extreme cruelty" includes, but is not limited to being the
victim of any act or threatened act of violence including any forceful detention,
which results or threatens to result in physical or mental injury. Rape,
molestation, incest (if the victim is a minor), or forced prostitution shall be
considered as acts of violence.
(B)
There is a substantial connection between such battery or cruelty and the need for
the benefits to be provided in the opinion of the Office of Planning and Research.
For purposes of this subsection, the following circumstances demonstrate a
substantial connection between the battery or cruelty and the need for the benefits
to be provided:
1. The benefits are needed to
enable the alien to become self-sufficient following separation from the
abuser.
2. The benefits are needed to
enable the alien to escape the abuser and/or the community in which the abuser
lives, or to ensure the safety of the alien from the abuser.
3. The benefits are needed due to a loss of
financial support resulting from the alien's separation from the abuser.
4. The benefits are needed because the battery or
cruelty, separation from the abuser, or work absences or lower job performance
resulting from the battery or extreme cruelty or from legal proceedings relating
thereto (including resulting child support, child custody, and divorce actions)
cause the alien to lose his or her job or to earn less or to require the alien to
leave his or her job for safety reasons.
5. The benefits are needed because the alien
requires medical attention or mental health counseling, or has become disabled, as a
result of the battery or extreme cruelty.
6. The benefits are needed because the loss of a
dwelling or source of income or fear of the abuser following separation from the
abuser jeopardizes the alien's ability to care for his or her children (e.g.,
inability to house, feed, or clothe children or to put children into day care for
fear of being found by the abuser).
7.
The benefits are needed to alleviate nutritional risk or need resulting from the
abuse or following separation from the abuser.
8. The benefits are needed to provide medical care
during a pregnancy resulting from the abuser's sexual assault or abuse of, or
relationship with, the alien and/or to care for any resulting children.
9. Where medical coverage and/or health care
services are needed to replace medical coverage or health care services the alien
had when living with the abuser.
(C) The alien has a petition that has been
approved or has a petition pending which sets forth a prima facie case for:
1. status as a spouse or child of a United States
citizen pursuant to clause (ii), (iii), or (iv) of Section 204(a)(1)(A) of the INA
(8 U.S.C. setion. 1154(a)(1)(A)(ii), (iii) or (iv)),
2. classification pursuant to clause (ii) or (iii)
of Section 204(a)(1)(B) of the INA (8 U.S.C. section 1154(a)(1)(B)(ii) or
(iii)),
3. suspension of deportation and adjustment of
status pursuant to section 244(a)(3) of the INA (8 U.S.C. sec.
1254 as in effect prior to April 1, 1997
[Pub.L.
104-208,
sec.
501 (effective Sept. 30, 1996, pursuant to sec.
591); Pub.L.
104-208,
sec.
304 (effective April 1, 1997, pursuant to sec.
309); Pub.L.
105-33,
sec.
5581 (effective pursuant to sec. 5582)]
(incorrectly codified as "cancellation of removal under section 240 A of such Act [8
USCS Sec. 1229 b] (as in effect prior to April 1, 1997)."
4. status as a spouse or child of a United States
citizen pursuant to clause (i) of Section 204(a)(1)(A) of the INA (8 U.S.C. s
1154(a)(1)(A)(i)) or classification pursuant to clause (i) of Section 204(a)(1)(B)
of the INA (8 USC section
1154(a)(1)(B)(i), or
5. cancellation of removal pursuant to Section 204
A(b)(2) of the INA (8 U.S.C.
section
1229b(b)(2)).
(D) For the period for which benefits are sought,
the individual responsible for the battery or cruelty does not reside in the same
household or family eligibility unit as the individual subjected to the battery or
cruelty.
(9) An alien who
meets all of the conditions of subparagraphs (A), (B), (C), (D) and (E) below:
(A) The alien has a child who has been battered or
subjected to extreme cruelty in the United States by a spouse or a parent of the
alien (without the active participation of the alien in the battery or cruelty), or
by a member of the spouse's or parent's family residing in the same household as the
alien, and the spouse or parent consented or acquiesced to such battery or cruelty.
For purposes of this subsection, the term "battered or subjected to extreme cruelty"
includes, but is not limited to being the victim of any act or threatened act of
violence including any forceful detention, which results or threatens to result in
physical or mental injury. Rape, molestation, incest (if the victim is a minor), or
forced prostitution shall be considered as acts of violence.
(B) The alien did not actively participate in such
battery or cruelty.
(C) There is a
substantial connection between such battery or cruelty and the need for the benefits
to be provided in the opinion of the Office of Planning and Research. For purposes
of this subsection, the following circumstances demonstrate a substantial connection
between the battery or cruelty and the need for the benefits to be provided:
1. The benefits are needed to enable the alien's
child to become self-sufficient following separation from the abuser.
2. The benefits are needed to enable the alien's
child to escape the abuser and/or the community in which the abuser lives, or to
ensure the safety of the alien's child from the abuser.
3. The benefits are needed due to a loss of
financial support resulting from the alien's child's separation from the
abuser.
4. The benefits are needed
because the battery or cruelty, separation from the abuser, or work absences or
lower job performance resulting from the battery or extreme cruelty or from legal
proceedings relating thereto (including resulting child support, child custody, and
divorce actions) cause the alien's child to lose his or her job or to earn less or
to require the alien's child to leave his or her job for safety reasons.
5. The benefits are needed because the alien's
child requires medical attention or mental health counseling, or has become
disabled, as a result of the battery or extreme cruelty.
6. The benefits are needed because the loss of a
dwelling or source of income or fear of the abuser following separation from the
abuser jeopardizes the alien's child's ability to care for his or her children
(e.g., inability to house, feed, or clothe children or to put children into day care
for fear of being found by the abuser).
7. The benefits are needed to alleviate
nutritional risk or need resulting from the abuse or following separation from the
abuser.
8. The benefits are needed to
provide medical care during a pregnancy resulting from the abuser's sexual assault
or abuse of, or relationship with, the alien's child and/or to care for any
resulting children.
9. Where medical
coverage and/or health care services are needed to replace medical coverage or
health care services the alien's child had when living with the
abuser.
(D) The alien meets
the requirements of subsection (c)(8)(C) above.
(E) For the period for which benefits are sought,
the individual responsible for the battery or cruelty does not reside in the same
household or family eligibility unit as the individual subjected to the battery or
cruelty.
(10) An alien child
who meets all of the conditions of subparagraphs (A), (B), and (C) below:
(A) The alien child resides in the same household
as a parent who has been battered or subjected to extreme cruelty in the United
States by that parent's spouse or by a member of the spouse's family residing in the
same household as the parent and the spouse consented or acquiesced to such battery
or cruelty. For purposes of this subsection, the term "battered or subjected to
extreme cruelty" includes, but is not limited to, being the victim of any act or
threatened act of violence including any forceful detention, which results or
threatens to result in physical or mental injury. Rape, molestation, incest (if the
victim is a minor), or forced prostitution shall be considered acts of
violence.
(B) There is a substantial
connection between such battery or cruelty and the need for the benefits to be
provided in the opinion of the Office of Planning and Research. For purposes of this
subsection, the following circumstances demonstrate a substantial connection between
the battery or cruelty and the need for the benefits to be provided:
1. The benefits are needed to enable the alien
child's parent to become self- sufficient following the separation from the
abuser.
2. The benefits are needed to
enable the alien child's parent to escape the abuser and/or the community in which
the abuser lives, or to ensure the safety of the alien child's parent from the
abuser.
3. The benefits are needed due
to a loss of financial support resulting from the alien child's parent's separation
from the abuser.
4. The benefits are
needed because the battery or cruelty, separation from the abuser, or work absences
or lower job performance resulting from the battery or extreme cruelty or from legal
proceedings relating thereto (including resulting child support, child custody, and
divorce actions) cause the alien child's parent to lose his or her job or to earn
less or to require the alien child's parent to leave his or her job for safety
reasons.
5. The benefits are needed
because the alien child's parent requires medical attention or mental health
counseling, or has become disabled, as a result of the battery or extreme
cruelty.
6. The benefits are needed
because the loss of a dwelling or source of income or fear of the abuser following
separation from the abuser jeopardizes the alien child's parent's ability to care
for his or her children (e.g., inability to house, feed, or clothe children or to
put children into day care for fear of being found by the abuser).
7. The benefits are needed to alleviate
nutritional risk or need resulting from the abuse or following separation from the
abuser.
8. The benefits are needed to
provide medical care during a pregnancy resulting from the abuser's sexual assault
or abuse of, or relationship with, the alien child's parent and/or to care for any
resulting children.
9. Where medical
coverage and/or health care services are needed to replace medical coverage or
health care services the alien child's parent had when living with the
abuser.
(C) The alien child
meets the requirements of subsection (c)(8)(C) above.
(d) For purposes of this section, "nonimmigrant" is defined the same as in Section 101(a)(15) of the INA (8 U.S.C. sec. 1101(a)(15)).
(e) For purposes of establishing eligibility for public benefits under the Fishing Fleet Loan Program (Fish and Game Code section 9100), all of the following must be met:
(1) The applicant
must declare himself or herself to be a citizen of the United States a qualified
alien under subsection (c), a nonimmigrant alien under subsection (d), or an alien
paroled into the United States for less than one year under Section 212(d)(5) of the
INA (8 U.S.C. sec.
1182(d)(5)). The applicant shall
declare that status through use of the "Statement of Citizenship, Alienage, and
Immigration Status for State Public Benefits" Form, which form is identified as CTCA
Form 046, June 17, 1998 edition, and hereby incorporated by reference.
(2) The applicant must present documents of a type
acceptable to the Immigration and Naturalization Service (INS) which serve as
reasonable evidence of the applicant's declared status. A fee receipt from the INS
for replacement of a lost, stolen, or unreadable INS document is reasonable evidence
of the alien's declared status.
(3) The
applicant must complete and sign the "Statement of Citizenship, Alienage, and
Immigration Status for State Public Benefits," Form.
(4) Where the documents presented do not on their
face reasonably appear to be genuine or to relate to the individual presenting them,
the government entity that originally issued the documents shall be contacted for
verification. With regard to naturalized citizens and derivative citizens presenting
certificates of citizenship and aliens, the INS is the appropriate government entity
to contact for verification. The Office of Planning Research shall request
verification from the INS by filing INS Form G-845 with copies of the pertinent
documents provided by the applicant with the local INS office. If the applicant has
lost his or her original documents or presents expired documents or is unable to
present any documentation evidencing his or her immigration status, the applicant
shall be referred to the local INS office to obtain documentation.
(5) The type of documentation referred to the INS
for verification pursuant to INS Form G-845 shall include the following:
(A) The document presented indicates immigration
status but does not include an alien registration or alien admission
number.
(B) The document is suspected to
be counterfeit or to have been altered.
(C) The document includes an alien registration
number in the A60 000 000 (not yet issued) or A80 000 000 (illegal border crossing)
series.
(D) The document is one of the
following: an INS Form I-181b notification letter issued in connection with an INS
Form I-181 Memorandum of Creation of Record of Permanent Residence, an
Arrival-Departure Record (INS Form I-94) or a foreign passport stamped "PROCESSED
FOR I-551, TEMPORARY EVIDENCE OF LAWFUL PERMANENT RESIDENCE" that INS issued more
than one year before the date of application for a loan under the Fishing Fleet Loan
program (Fish and Game Code section
9100).
(6) If the INS advises that the applicant has
citizenship status or immigration status which makes him or her a qualified alien, a
nonimmigrant or alien paroled for less than one year under section 212(d)(5) of the
INA, the INS verification shall be accepted. If the INS advises that it cannot
verify that the applicant has citizenship status or an immigration status that makes
him or her a qualified alien, a nonimmigrant or an alien paroled for less than one
year under section 212(d)(5) of the INA, benefits shall be denied and the applicant
notified pursuant to the regular procedures of the Fishing Fleet Loan program (Fish
and Game code section 9100) as may be applicable, of his or her rights to appeal the
denial of benefits.
(f) Pursuant to Section 434 of the PRWORA (8 U.S.C. sec. 1644), where the Office of Planning and Research reasonably believes that an alien is unlawfully in the State based on the failure of the alien to provide reasonable evidence of the alien's declared status, after an opportunity to do so, said alien shall be reported to the Immigration and Naturalization Service.
(g) Provided that the alien has completed and signed the "Statement of Citizenship, Alienage, and Immigration Status for State Public Benefits," Form under penalty of perjury, eligibility for the Fishing Fleet Loan program (Fish and Game Code 9100), shall not be delayed, denied, reduced or terminated while the status of the alien is verified.
(h) Pursuant to Section 432(d) of the PRWORA (8 U.S.C. sec. 1642(d)), a nonprofit charitable organization that provides federal, state or local public benefits shall not be required to determine, verify, or otherwise require proof of eligibility of any applicant or beneficiary with respect to his or her immigration status or alienage.
(i) The Director shall notify the applicant by certified letter that the applicant is ineligible for a public benefit pursuant to subsections (b) and (e), or that the public benefit is terminated or suspended pursuant to subsections (b) and (e). The letter shall include the following:
(1) The name and address of
the applicant.
(2) The reason for the
ineligibility and/or termination or suspension of the public benefit.
(3) A copy of Section
4001, Title 10, California Code of
Regulations.
(4) A statement informing
the applicant that he or she has the right to request a hearing to contest the
Director's decision pursuant to the procedure described in subsection
(j).
(j) An applicant who has been denied a loan in any of the above enumerated programs based solely on the applicant's immigration status, may request a hearing to appeal that decision. The request for a hearing shall be in writing and shall be submitted to the Director of the Office of Planning and Research no later than fifteen (15) calendar days following the mailing of the subsection (i) letter. The hearing shall be conducted as follows:
(1) The applicant shall have the right
to be represented by legal counsel at the hearing.
(2) The proceedings of the hearing shall be
recorded by an electronic tape recording system.
(3) At the hearing the Office's representative and
the applicant may make statements and submit evidence regarding the applicant's
eligibility.
(4) The Director or his or
her designee may ask the Office's representative and the applicant questions
regarding the applicant's eligibility.
(5) At or within 10 days following the conclusion
of the hearing, the Director or his or her designee shall make a decision which
contains findings or reasons for the decision.
(6) The Office shall provide the applicant, by
certified mail, a copy of the Director's or his or her designee's
decision.
(7) The applicant may request
judicial review by filing a writ of mandate in accordance with provisions of the
Code of Civil Procedure.
1. New section filed 10-13-99; operative 11-12-99 (Register 99, No. 42). For prior history see chapter 6.51, section 4005.
Note: Authority cited: Section 14024, Corporations Code; Sections 15330(b) and 15399.16, Government Code; and 16 U.S.C. Section 21201 et seq. Reference: Sections 15330(b) and 15399.12- 15399.13, Government Code; Section 14070(e), Corporations Code; and 8 U.S.C. Sections 1621, 1641 and 1642.
Disclaimer: These regulations may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
