S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8318
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 27, 2023
                                ___________
 
 Introduced  by  M. of A. GONZALEZ-ROJAS -- read once and referred to the
   Committee on Social Services
 
 AN ACT to amend the social services law, in relation to eligibility  for
   the temporary assistance to needy families block grant program, safety
   net assistance and medical assistance for certain noncitizens

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraphs (vi) and (vii) of paragraph (a)  of  subdivi-
 sion  1 of section 122 of the social services law, as amended by chapter
 669 of the laws of 2022, are amended and a new  subparagraph  (viii)  is
 added to read as follows:
   (vi)  a  noncitizen  granted  status as a Cuban and Haitian entrant as
 defined in section 501(e) of the federal Refugee Education Act  of  1980
 within the previous five years with respect to benefits under the tempo-
 rary  assistance  to  needy families block grant program, and safety net
 assistance and within the previous seven years with respect  to  medical
 assistance; [and]
   (vii) a noncitizen admitted to the United States as an Amerasian immi-
 grant  as  described  in  section  402(a)(2)(A)  of the federal personal
 responsibility and work opportunity reconciliation act  of  1996  within
 the  previous  five  years  with respect to benefits under the temporary
 assistance to needy families block grant program, and safety net assist-
 ance and within the previous seven years with respect to medical assist-
 ance[.]; AND
   (VIII) A NONCITIZEN AND THEIR  SPOUSE  AND  UNMARRIED  CHILDREN  UNDER
 TWENTY-ONE YEARS OF AGE, WHO ENTERED THE UNITED STATES WITHIN THE PREVI-
 OUS  FIVE  YEARS WITH RESPECT TO BENEFITS UNDER THE TEMPORARY ASSISTANCE
 TO NEEDY FAMILIES BLOCK GRANT PROGRAM, AND SAFETY NET ASSISTANCE PROGRAM
 AND WITHIN THE PREVIOUS SEVEN YEARS WITH RESPECT TO MEDICAL  ASSISTANCE,
 PROVIDED SUCH NONCITIZEN:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13331-01-3
 A. 8318                             2
              

 
   (1)  (A)  HAS  BEEN  CONFIRMED AS A VICTIM OF HUMAN TRAFFICKING BY THE
 OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE AND THE DIVISION OF CRIMI-
 NAL JUSTICE SERVICES, PURSUANT TO SECTION FOUR  HUNDRED  EIGHTY-THREE-CC
 OF THIS CHAPTER; OR
   (B)  HAS  PROVIDED A SWORN STATEMENT THAT THE NONCITIZEN IS A FOREIGN-
 BORN VICTIM OF TRAFFICKING OR DOMESTIC VIOLENCE AND OTHER SERIOUS CRIMES
 FOR WHICH IMMIGRATION RELIEF IS AVAILABLE VIA PURSUIT OF A T OR U  VISA,
 VIOLENCE  AGAINST  WOMEN  ACT  RELATED  PETITION OR APPLICATION, SPECIAL
 IMMIGRANT JUVENILE STATUS, OR APPLICATION FOR ASYLUM, IN ADDITION TO  AT
 LEAST ONE ITEM OF CORROBORATING EVIDENCE, INCLUDING, BUT NOT LIMITED TO:
   (I) A WRITTEN NOTICE FROM THE FEDERAL AGENCY CONFIRMING RECEIPT OF THE
 T  OR U VISA APPLICATION, VIOLENCE AGAINST WOMEN ACT RELATED PETITION OR
 APPLICATION, SPECIAL IMMIGRANT JUVENILE STATUS, CLAIM THAT THE  NONCITI-
 ZEN IS A VICTIM OF TORTURE, OR APPLICATION FOR ASYLUM; OR
   (II) ATTESTATION FROM AN ATTORNEY OR SERVICE PROVIDER THAT THE NONCIT-
 IZEN  IS  A  VICTIM OF HUMAN TRAFFICKING, DOMESTIC VIOLENCE OR ANY OTHER
 CRIMES THAT FORM THE BASIS FOR APPLYING FOR A T  OR  U  VISA,  FILING  A
 VIOLENCE  AGAINST  WOMEN ACT RELATED PETITION OR APPLICATION, FILING FOR
 SPECIAL IMMIGRANT JUVENILE STATUS, A VICTIM OF  TORTURE,  OR  FILING  AN
 APPLICATION  FOR  ASYLUM  AND THAT THE NONCITIZEN IS ON THE WAITING LIST
 FOR LEGAL OR SOCIAL SERVICES RELATED TO  SUCH  VICTIMIZATION;  PROVIDED,
 HOWEVER,  THAT IF AN ATTORNEY WHO PROVIDED A NONCITIZEN WITH AN ATTESTA-
 TION UNDER THIS SUBCLAUSE IS NO LONGER ABLE TO REPRESENT THE  NONCITIZEN
 FOR THESE IMMIGRATION NEEDS, THE NONCITIZEN MAY SUBMIT A NEW ATTESTATION
 FROM  ANOTHER  ATTORNEY, WHICH WILL START ANEW THE DEADLINE TO APPLY FOR
 IMMIGRATION RELIEF.
   (2) (A) FOR A NONCITIZEN WHO HAS FILED A PETITION OR  APPLICATION  FOR
 IMMIGRATION  RELIEF  PURSUANT  TO  SUBCLAUSE  (B)  OF CLAUSE ONE OF THIS
 SUBPARAGRAPH, BENEFITS ISSUED PURSUANT TO  THIS  SUBPARAGRAPH  SHALL  BE
 AVAILABLE  TO  THE  NONCITIZEN  AND  THEIR SPOUSE AND UNMARRIED CHILDREN
 UNDER TWENTY-ONE YEARS OF AGE FOR THE DURATION  THAT  SUCH  NONCITIZEN'S
 IMMIGRATION-RELATED PETITION OR APPLICATION IS PENDING. FOR PETITIONS OR
 APPLICATIONS  THAT  REMAIN PENDING TWO YEARS AFTER THE INITIAL FILING OF
 SUCH PETITION OR APPLICATION, THE  ADMINISTERING  ENTITIES  ISSUING  THE
 TEMPORARY  ASSISTANCE  TO NEEDY FAMILIES BLOCK GRANT PROGRAM, THE SAFETY
 NET ASSISTANCE PROGRAM OR MEDICAL  ASSISTANCE  TO  ELIGIBLE  NONCITIZENS
 SHALL ISSUE REQUESTS FOR CONFIRMATION OF PENDING STATUS.
   (B)  FOR  NONCITIZENS WHO HAVE NOT YET FILED A PETITION OR APPLICATION
 FOR IMMIGRATION RELIEF PURSUANT TO SUBCLAUSE (B) OF CLAUSE ONE  OF  THIS
 SUBPARAGRAPH,  BENEFITS  ISSUED  PURSUANT  TO THIS SUBPARAGRAPH SHALL BE
 AVAILABLE FOR UP TO TWO YEARS FOR THE NONCITIZEN AND  THEIR  SPOUSE  AND
 UNMARRIED  CHILDREN  UNDER  TWENTY-ONE YEARS OF AGE. SUCH BENEFITS SHALL
 DISCONTINUE IF THERE IS A FINAL ADMINISTRATIVE DENIAL  OF  THE  IMMIGRA-
 TION-RELATED  PETITION  OR  APPLICATION  UNDER  SECTION  1101(A)(15)(T),
 1101(A)(15)(U), 1101(A)(27)(J), 1101(A)(51),  1158,  OR  1229B(B)(2)  OF
 TITLE 8 OF THE UNITED STATES CODE.
   § 2. This act shall take effect immediately.