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DOJ/INS

RIN: 1115-AE99

Publication ID: Fall 2001

Title: Verification of Eligibility for Public Benefits
Abstract: This regulatory action requires entities (other than nonprofit charitable organizations) providing Federal public benefits (with certain exceptions) to verify by examining documents and using an INS automated verification system that alien applicants are eligible for the benefits under Federal benefit reform legislation. This rule also sets forth provisions by which State or local governments can verify whether aliens applying for State or local public benefits are eligible for such benefits under Federal laws. In addition, the rule establishes procedures for verifying the U.S. nationality of individuals applying for benefits in a fair and nondiscriminatory manner. The Interim Verification Guidelines were published as a notice on 11/17/97 at 62 FR 61344. The guidelines set forth procedures that benefit-granting agencies can use to verify U.S. citizens, non-citizen nationals, and qualified aliens for eligibility under title IV of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) prior to issuance of final regulations. The proposed rule for the Verification of Eligibility for Public Benefits was published on 8/04/98 at 63 FR 41662. The changes made in response to the comments received on the proposed rule were significant enough and dealt with complex and important issues that another opportunity to comment is warranted. The next version of the rule will be issued as an interim rule, rather than a final rule, in order to implement the statutory directive to promulgate verification regulations and start the subsequent 2-year period in which Federal public benefit granting agencies must come into compliance. The interim rule is in the concurrence process and has not yet been published.
Agency: Department of Justice(DOJ)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 8 CFR 104
Legal Authority: 8 USC 1103 8 USC 1642

Legal Deadline:

Action	Source	Description	Date
Final	Statutory	Statutory deadline to promulgate regulations for State and local public benefits was previously 11/03/98. Deadline for regulations for Federal public benefits was 02/22/98.	02/22/1998
NPRM	Statutory		11/03/1997

Timetable:

Action	Date	FR Cite
NPRM-INS No. 1902-98	08/04/1998	63 FR 41662
NPRM Comment Period End	10/05/1998
Interim Rule-INS No. 1902-98	12/00/2001

Additional Information: INS No. 1902-98 should be referenced for any inquiries concerning this rulemaking action.
Regulatory Flexibility Analysis Required: No	Government Levels Affected: Federal, Local, State
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
Agency Contact: John Nahan Director, SAVE Branch, Files and Forms Management Division Department of Justice Immigration and Naturalization Service 425 I Street NW, Ullico Building, 1st Floor, Washington, DC 20536 Phone:202 514-2317