Current through all regulations passed and filed through September 16, 2024
(A) Are indefinite
detainees or lifers eligible for benefits?
Some indefinite detainees or lifers released from detention may have a
status as refugees or may receive a status that makes them potentially eligible
for refugee cash assistance (RCA) or Ohio works first (OWF).
(B) Who are indefinite detainees
or lifers?
Indefinite detainees or lifers are non-citizens who, after having
served time for a criminal conviction and are given a final order of removal by
the department of homeland security (DHS) United States citizenship and
immigration services (USCIS), remain indefinitely in the United States (U.S.)
because their home country and no other country will accept them. An alien's
detention is limited to a period reasonably necessary to bring about the
alien's removal from the U.S. and does not permit indefinite detention.
(C) What shall an indefinite
detainee or lifer provide when applying for benefits?
(1) An "Order of Supervision" (USCIS I-220B)
in accordance with
8 C.F.R.
241.5 (8/2011). The order of
supervision should include the individual's alien
registration number and notation concerning exclusion, deportation or removal.
The order shall specify the conditions of supervision including but not limited
to a requirement that the alien:
(a) Report to
a specified officer periodically and provide relevant information under oath as directed;
(b) Continue efforts to obtain a travel
document and assist in obtaining a travel document;
(c) Report as directed for a mental or
physical examination or examinations as directed;
(d) Obtain advance approval of travel beyond
previously specified times and distances; and
(e) Provide DHS
with a written notice of any change of address .
(2)
Posting of
bond. An officer authorized to issue an order of suspension may require
the posting of a bond in an amount determined by the officer
to be sufficient to ensure compliance with the
conditions of the order, including surrender for removal.
(3) Employment authorization. An officer
authorized to issue an order of supervision may,
in his or her discretion, grant employment authorization
to an alien released under an order of supervision if
the officer finds that:
(a)
The alien cannot
be removed in a timely manner; or
(b)
The removal of
the alien is impracticable or contrary to public interest.
(D) What are the
responsibilities of the county agency?
The county agency shall:
(1)
Collect as much of the following information from the applicant as possible;
(a) Name;
(b) Alien registration number ("A
number");
(c) Date of
birth;
(d) Social security
number;
(e) Home country;
(f) Number on the I-94 "Arrival-Departure
Record";
(g) Parent's
name;
(h) Driver's license number;
and
(i) Copies of any immigration
documents.
(2) Call the
office of refugee resettlement (ORR) to inform them about the need for an eligibility
determination for an indefinite detainee.
(3) Send the collected information from the applicant and contact
information for the eligibility determiner handling the case at the county
agency to the ORR . The
ORR will work with the USCIS to determine the applicant's original status,
entry date and eligibility.
(4)
After information has been received by the county agency, the ORR may contact
the county agency for additional information. The ORR will notify the county
agency of the applicant's status, entry date and eligibility.
(5) Based upon the information received from
ORR, the county agency shall determine eligibility of the indefinite detainee
or lifer for RCA benefits in accordance with rule
5101:1-2-
40.1 of the Administrative Code or for OWF benefits in accordance with division 5101:1 of the
Administrative Code.