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DHS/USCIS RIN: 1615-AA05 Publication ID: Fall 2008 
Title: Definition of the Term "Lawfully Present" for Purposes of Eligibility for Public Benefits 
Abstract: Section 401(a) of the Personal Responsibility and Work Reconciliation Act of 1996 (PRWORA) provides that, with limited exceptions, only qualified aliens, as defined under section 431, may receive certain Federal public benefits. Section 401(b)(2) provides an exception that allows aliens who are "lawfully present in the United States" to receive Social Security benefits under title II of the Social Security Act. PRWORA, and other laws, use the term "lawfully present" in other benefit-related contexts as well. The Department of Justice published an interim final rule on September 6, 1996, which amended then-INS regulations to define the term "an alien who is lawfully present in the United States" so that the Social Security Administration may determine which aliens are eligible for benefits under title II of the Social Security Act. DHS now plans to issue a final rule to complete the rulemaking action. 
Agency: Department of Homeland Security(DHS)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 8 CFR 103   
Legal Authority: 5 USC 552    31 USC 9701    5 USC 552a    8 USC 1101    8 USC 1103    8 USC 1201    8 USC 1252 note    8 USC 1252B    8 USC 1304    8 USC 1356   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Interim Final Rule  09/06/1996  61 FR 47039   
Interim Final Rule Comment Period End  11/05/1996    
Final Action  To Be Determined    
Additional Information: CIS No. 1792-96 Transferred from RIN 1115-AE51
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, State 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Mark Phillips
Residence and Naturalization Division Chief
Department of Homeland Security
U.S. Citizenship and Immigration Services
Office of Policy and Strategy, 5900 Capital Gateway Drive, Suite 4S190,
Camp Springs, MD 20588-0009
Phone:240 721-3000