§ 26-2-111.8 — Eligibility of noncitizens for public assistance

Colorado § 26-2-111.8

• Jurisdiction: Colorado
• Title 26: Human
• Art.: Public Assistance

Text

(1) (a) The
general assembly hereby finds and declares that passage of the federal Personal
Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, requires the states to make certain decisions concerning qualified aliens and
their eligibility for certain types of public assistance.

(b) The goal of this section is to recognize that foreign-born legal residents
of the state of Colorado contribute to our society by working in our communities,
supporting local businesses, and paying taxes and should receive certain types of
public assistance for certain types of situations. Moreover, the state goal is to
provide the types of assistance that will enhance the state's ability to receive
federal financial participation, thereby reducing the ultimate burden on the state
and local government for emergency health and welfare needs.

(c) This section is also intended to encourage and support efforts to help
foreign-born legal residents of the state of Colorado to become citizens of the
United States.

(2) (a) Entry requirements. A qualified alien who entered the United States
before August 22, 1996, and who meets the eligibility criteria specified for a
particular public assistance program shall be eligible to receive public assistance
under the following programs as described in this article:

(I) The Colorado works program;

(II) The old age pension;

(III) Aid to the needy disabled; or

(IV) Aid to the blind.

(b) Five-year bar on receipt of benefits. A qualified alien who entered the
United States on or after August 22, 1996, shall be barred from receiving the
benefits described in paragraph (a) of this subsection (2) for a period of five years
after the date of entry into the United States, unless he or she meets the
exceptions set forth in the federal Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, Public Law 104-193, as amended.

(c) Deeming of sponsor income and resources. After five years, a qualified
alien described in paragraph (b) of this subsection (2) shall be eligible for benefits
under this article, but shall have sponsor income and resources deemed to the
individual or family under rules established by the state department pursuant to
section 26-2-137 (2).

(3) (Deleted by amendment, L. 2010, (HB 10-1384), ch. 218, p. 952, � 2,
effective July 1, 2010.)

(3.5) For benefits provided on and after January 1, 2014, the state
department may pursue repayment from the qualified alien's sponsor for old age
pension benefits provided to the qualified alien during the time that the sponsorship
affidavit of support is in effect as determined by United States citizenship and
immigration services, or its successor agency.

(4) A qualified alien may receive benefits under section 26-2-122.3 pursuant
to rules promulgated by the state department.

(5) Repealed.

(5.5) The county departments responsible for administering benefits
programs under the department of health care policy and financing and the
department of human services shall identify and review all current county guidance
materials, including forms, training materials, websites, and any other materials
that reference a prohibition on sponsorship as a condition of eligibility for benefits
and shall remove all such references from verbal and digital communications and
from all physical materials currently provided to applicants or beneficiaries.

(6) The state department shall encourage a qualified alien who is eligible to
submit an application for citizenship to submit such an application.

Legislative History

Source: L. 97: Entire section added, p. 1252, � 3, effective July 1. L. 2010: (1), (2), (3), (4), and (5) amended, (HB 10-1384), ch. 218, p. 952, � 2, effective July 1; (4) amended, (HB 10-1422), ch. 419, p. 2116, � 154, effective August 11; (3.5) added, (HB 10-1384), ch. 218, p. 955, � 5, effective January 1, 2014. L. 2017: (3.5) amended, (SB 17-294), ch. 264, p. 1410, � 94, effective May 25. L. 2023: (5) repealed and (5.5) added, (HB 23-1117), ch. 65, p. 232, � 4, effective August 7.