When the Congress enacted major welfare reforms in 1996 under the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA), new rules were added to public benefits programs making it harder for immigrants with legal status to receive public benefits such as food stamps and Medicaid. Undocumented immigrants had been prior to 1996 and continue to be barred from most public benefits programs. The Welfare Due Process Project, in conjunction with Nebraska Appleseed’s Immigrant Integration and Civic Participation Project work to help individuals, community service providers and the larger community understand the rules that apply to immigrants in need of assistance from these programs as they move toward self-sufficiency.

Immigrants & Public Benefits Under LB 403

In March, 2009, the Nebraska Unicameral passed Legislative Bill 403 (LB 403). LB 403 has two distinct parts. First, LB 403 requires state agencies or political subdivisions to verify the lawful presence of applicants for “public benefits.” Second, LB 403 requires state agencies or political subdivisions to verify the work eligibility status of new employees. This posting will focus on the first requirement.

The verification requirement under LB 403 calls for state agencies and political subdivisions to verify the lawful presence of applicants for “public benefits”. Unfortunately, LB 403 defines public benefit in a way that makes it difficult to understand which public benefits will be affected by the bill. Due to this ambiguous definition the affect of LB 403 on public benefits may seem considerable. However, the benefits that many providers give might be unaffected by LB 403. Under federal law, many public benefits, such as Medicaid or Food Stamps, already require a verification of immigration status. This means that LB 403 will have no affect on many public benefit programs. LB 403 also contains a number of exemptions where lawful presence will not need to be verified. For example, public benefits like emergency medical care and programs necessary for the protection of life and safety will be unaffected by the bill. These are only a few examples. The point is, the affect of LB 403 may not be as far reaching as many people suppose.

Nebraska Appleseed has done a significant amount of research on LB 403 and how it might affect public benefits in Nebraska. Appleseed would like to be a resource for you in the coming days when LB 403 goes into effect. If you have questions about how LB 403 might affect your agency or clients we would like to hear from you. We have an LB 403 informational training that can be given upon request and we are also available to answer any questions or concerns.

If you would like to request a training, or if you have questions about LB 403, please contact James A. Goddard at 402 438 8853 x108 or jgoddard@neappleseed.org.

New Education Opportunities for Nebraska

Nebraska Legislature passes and the governor signs LB 458 – a bill that will make it possible for Aid to Dependent Children (ADC) participants to pursue an Associates Degree beyond 12 months.

Learn More | Hear Appleseed’s “Choosing Education” radio advertisement

The Welfare Due Process Project is designed to provide legal advice and assistance to those who are having problems dealing with public assistance programs.

Request an outreach presentation by the WDPP - Please fill out our on-line request form.

Receive print materials such as WDPP brochures, handbooks, and reports. Please fill out our on-line request form or click the links below the document title on the form to download.