The degree to which unauthorized resident aliens should be accorded certain rights and privileges as a result of their residence in the United States, along with the duties owed by such aliens given their presence, remains the subject of debate in Congress. This report focuses on the policy and legislative debate surrounding unauthorized aliens' access to federal benefits. Unauthorized Population in the United States

Researchers at Pew Research Center estimate that there were 11.1 million unauthorized immigrants living in the United States in March 2014. Mixed-Immigration-Status Families

A noteworthy portion of the households headed by unauthorized aliens is likely to have U.S. citizen children, as well as spouses who may be legal permanent residents. As Figure 2 illustrates, the number of citizen children (i.e., under 18 years of age) in households headed by an unauthorized alien has grown from 2.7 million in 2003 to 4.5 million in 2010. Benefit Eligibility Rules

As mentioned before, most persons lacking legal authority to reside in the United States are not eligible for federally provided assistance. The law defines a federal public benefit as
(A) any grant, contract, loan, professional license, or commercial license provided by an agency of the United States or by appropriated funds of the United States; and (B) any retirement, welfare, health, disability, public or assisted housing, postsecondary education, food assistance, unemployment benefit, or any other similar benefit for which payments or assistance are provided to an individual, household, or family eligibility unit by an agency of the United States or by appropriated funds of the United States. The U.S. Receipt of Benefits

There is a widely held perception that many unauthorized migrants obtain federal benefits—despite the restrictions and verification procedures. Selected Issues

Although the law appears straightforward, the policy on unauthorized aliens' access to federal benefits is peppered with ongoing controversies and debates. Some center on demographics issues, such as how to treat mixed-immigration-status families. Others explore unintended consequences, most notably when tightening up the identification requirements results in denying benefits to U.S. citizens. Still others are debates about how broadly the clause "federal public benefit" should be implemented.
Federal law bars aliens residing without authorization in the United States from most federal benefits; however, there is a widely held perception that many unauthorized aliens obtain such benefits. The degree to which unauthorized resident aliens should be accorded certain rights and privileges as a result of their residence in the United States, along with the duties owed by such aliens given their presence, remains the subject of debate in Congress. This report focuses on the policy and legislative debate surrounding unauthorized aliens' access to federal public benefits.
Except for a narrow set of specified emergency services and programs, unauthorized aliens are not eligible for federal public benefits. The law (§401(c) of P.L. 104-193) defines federal public benefit as
any grant, contract, loan, professional license, or commercial license provided by an agency of the United States or by appropriated funds of the United States; and any retirement, welfare, health, disability, public or assisted housing, postsecondary education, food assistance, unemployment benefit, or any other similar benefit for which payments or assistance are provided to an individual, household, or family eligibility unit by an agency of the United States or by appropriated funds of the United States.
The actual number of unauthorized aliens in the United States is unknown. Researchers at Pew Research Center estimate that there were 11.1 million unauthorized immigrants living in the United States in March 2014. A noteworthy portion of the households headed by unauthorized aliens are likely to have U.S. citizen children, as well as spouses who may be legal permanent residents (LPRs), and are referred to as "mixed status" families. The number of U.S. citizen children in "mixed status" families has grown from 2.7 million in 2003 to 4.5 million in 2010. (This is the latest figure available as of the date of the report.)
Although the law appears straightforward, the policy on unauthorized aliens' access to federal public benefits is peppered with ongoing controversies and debates. Some center on demographic issues, such as how to treat mixed-immigration-status families. Others explore unintended consequences, most notably when tightening up the identification requirements results in denying benefits to U.S. citizens. Still others are debates about how broadly the clause "federal public benefit" should be implemented, particularly regarding tax credits and refunds.