10/08/2024
Policy Memo
This Policy Memo provides updates to the following policy memos and manual release:
- Policy Memo, Victims of Trafficking, Torture or Other Serious Crimes (VTTC) - Processing Now Available in IES, dated 04/22/2024.
- Policy Memo, Verifications Required for Victims of Trafficking, Torture, or Other Serious Crimes (VTTC) Assistance Programs - Clarification, dated 04/02/2024.
- Policy Memo, Cash and Food Assistance for Non-Citizen Victims of Trafficking, Torture, or Other Serious Crimes (VTTC) - Clarification, dated 02/24/2023.
- Policy Memo, Cash and Food Assistance for Non-Citizen Victims of Trafficking, Torture, or Other Serious Crimes (VTTC), dated 02/21/2018.
- MR #17.19: Medical Benefits for Non-Citizen Victims of Trafficking, Torture or Other Serious Crimes, dated 12/13/2017.
Summary:
- Effective 06/05/2024, Illinois Public Act 103-0588 implemented changes to the Victims of Trafficking, Torture and Other Serious Crimes.
- Changes to the VTTC Cash, Food Assistance and Medical programs are effective with applications and redeterminations received on or after 06/05/2024.
- Applications:
- Applications received prior to 06/05/2024 should be processed according to previous policy guidance.
- Applications received on or after 06/05/2024, should be processed according to new policy guidance provided in this memo.
- Redeterminations:
- Redeterminations with a certification period ending 05/31/2024 and received prior to 06/05/2024 should be processed according to previous policy guidance.
- Redeterminations with a certification period ending 06/30/2024 or after should be processed according to the new policy guidance provided in this memo.
- IES changes will be implemented in January 2025.
Beginning 06/05/2024, Illinois Public Act 103-588 amended eligibility for VTTC State Medical, Cash, and Food benefits in four ways:
- Eliminates eligibility for individuals preparing to file an application for a T or U visa or to seek asylum.
- Eliminates eligibility for single adults who have no derivative family members.
- Excludes all individuals residing in an institution or shelter that provides 50% or more of the individual's daily meals from receiving VTTC State Food.
- VTTC programs are now subject to the availability of funds.
Note: See PM 04-05-04: Residents of Institutions, for policy regarding residential facilities that provide meals as part of its normal service. A resident of a shelter that provides 2 or more meals per day as part of it's service is not eligible for VTTC State Food.
Application Processing
Initial applications for Cash, Food Assistance and Medical programs received prior to 06/05/2024 will continue to be processed without any change to policy, subject to availability of funds. Cash and State Food EDGs approved prior to 06/05/2024 will continue to receive benefits through the end of their certification period.
Upon redetermination of the Cash, Food Assistance and Medical programs under VTTC, each individual will be subject to the new eligibility criteria.
Note: Any VTTC Cash, State Food and/or Medical EDG that was processed and pending prior to 06/05/2024, should be completed using criteria based on date of receipt of the application. If the VCL criteria is not met or the individual fails to return requested documents, the application should be denied.
Special Units and FCRCs
Action Memo, VTTC Cash and State Food EDGs - Processing Resumed, dated 07/02/2024, is still active and Special Units and FCRCs should continue to follow application processing guidance included in the aforementioned Action Memo.
Eligibility
For an adult to be eligible for Cash, State Food and/or Medical under the VTTC program, they must meet all other non-financial and financial criteria and both of the following:
- Individual has filed an application for one of the following statuses with the appropriate federal agency:
- T visa
- U visa, or
- Asylum; and
- Have derivative family members (DFMs) included in their application for USCIS status.
Note: For individuals to be eligible for State Food, they must not be residing in an institution or shelter that provides 50% or more of the individual's daily meals.
Example #1: Helga and her two minor children enter the U.S. on 05/14/2024 and after placement in a shelter (no meals provided) and meeting with an advocate, Helga submits an application for Cash, Food and Medical coverage for herself and her minor children on 06/07/2024. She indicated she has filed for a T visa and provides filed copies of her I-914 and I-914 Supplement A applications for each child.
Expected IES Outcome: Due to failure to meet Citizenship/USCIS criteria for federal benefits, TANF, SNAP and FamilyCare Assist are denied. After meeting all other factors of eligibility except citizenship and providing proper USCIS verifications, Helga and her two children are approved for VTTC Cash (TANF) and State Food. Helga is covered under AABD Medical with a (V) Special indicator while both minor children are included in All KIDS Assist for medical benefits under PM 03-01-02-k: Other Noncitizen Children (All Kids).
Example #2: Matilda enters the U.S. on 06/01/2024 and after arriving in Illinois she applies for Food Assistance on 06/29/2024. Along with her application she provides an I-589 Notice of Receipt indicating she has filed an application for asylum.
Expected IES Outcome: Due to failure to meet Citizenship/USCIS criteria for federal benefits, SNAP is denied. While Matilda meets some factors of eligibility for the VTTC programs including filing an application for asylum, she is a single adult without DFMs, therefore VTTC State Food is denied also.
Example #3: Geraldo who is a single adult submits his redetermination for Cash, Food and Medical coverage timely on 06/12/2024 with his certification period ending 06/30/2024. He indicates no changes and is still awaiting a decision on his asylum application from USCIS filed earlier this year.
Expected IES Outcome: Geraldo submitted his redetermination timely and indicated his status has not changed and he is still awaiting a decision at the federal level on his asylum request. The VTTC program eligibility requirements changed, and Geraldo no longer meets the criteria as he has no DFMs. The VTTC Cash and State Food EDGs should close for failure to meet criteria for the program. Geraldo's Medical EDG AABD (T) would continue under the AATV program.
Example #4: Jose and his three minor children enter the U.S. on 06/03/2024 and are temporarily staying at a shelter that provides three meals per day and snacks. Jose applies for Cash, Food and Medical coverage on 06/05/2024 for himself and minor children. Jose provides documentation that he has submitted applications for asylum for himself and children.
Expected IES Outcome: Due to failure to meet Citizenship/USCIS status for federal benefits, TANF, SNAP and federal medical benefit are denied. After proper USCIS verifications are received and other eligibility factors met, Jose and his children are approved for VTTC Cash (TANF), AABD (V) for Jose while the children receive medical benefits under AK Assist under PM 03-01-02-k: Other Noncitizen Children (All Kids); the VTTC State Food EDG is denied as the family receives 50% or more of their meals from the shelter in which they currently reside.
Verifications
Beginning 06/05/2024, the USCIS status criteria is limited to foreign-born victims of trafficking, torture, or other serious crimes who have submitted an application to the appropriate federal agency for a T or U visa or to seek Asylum which includes derivative family members. Valid verifications are as follows:
T Visa Applicants
- USCIS Form I-797 Notice of Action - review to determine status of application.
- issued to communicate receipt, approval or rejection of an applications or petitions.
- I-914 Receipt Notice
- Copy of filed I-914 application for T Visa submitted to USCIS;
- with I-914, Supplement A, Application for Family Member of T-1 Recipient.
- Printouts of case status queries from the USCIS website.
- Written notice from the federal agency of receipt of the visa application.
- Correspondence from USCIS regarding applications, such as but not limited to:
- appointment notices; or
- requests for evidence (RFE).
- Certification Letter issued by Office of Refugee Resettlement (ORR) through Health and Human Services (HHS).
- Verification of Certification Letter is required by calling the HHS Trafficking Verification Line at 866-401-5510.
U Visa Applicants
- USCIS Form I-797 Notice of Action - review to determine status of application;
- issued to communicate receipt, approval or rejection of an applications or petitions.
- I-918 Receipt Notice
- Copy of filed I-918 application for U Visa submitted to USCIS;
- with I-918, Supplement A, Petition for Qualifying Family Member of U-1 Recipient.
- Printouts of case status queries from the USCIS website.
- Written notice from the federal agency of receipt of the visa application.
- Correspondence from USCIS regarding applications, such as but not limited to:
- appointment notices; or
- requests for evidence (RFE).
- Verification via the SAVE Portal
Asylum Applicants
There are several ways an individual may seek asylum in the US, therefore the verifications may vary based on the manner in which an individual seeks asylum. While the manner in which an individual seeks asylum is not relevant to IDHS programs, below is an example of some verifications which may provide proof of application for asylum, but is not limited to:
- USCIS Form I-797 Notice of Action - review to determine status of application.
- issued to communicate receipt, approval or rejection of an applications or petitions.
- I-589 Receipt Notice
- For "Filed" copies of I-589 Asylum application, based on filing method:
- Online Filing - Uploaded On stamp with date/time and the Base City. The side of each page will contain a statement such as: "EOIR - 1 of 16" indicating the page number; or
- Paper Filing - Copy of file stamped I-589 application for Asylum submitted to USCIS with I-730, Refugee/Asylee Relative Petition (DFMs).
- Printouts of case status queries from the USCIS website.
- Written notice from the federal agency of receipt of the asylum application.
- USCIS Biometrics notice indicating the appointment is for an Asylum application.
- Employment Authorization Document (EAD) based on pending asylum application from USCIS indicated with category (c)(8);
- Letter from EOIR stating they received the Asylum application/filing.
- Copy of EOIR Record of Proceedings showing an application was filed.
IES
The eligibility changes in the statute will be implemented in IES in January 2025.
[signed copy on file]
Dulce M. Quintero
Secretary-Designate, Illinois Department of Human Services
Elizabeth M. Whitehorn
Director, Illinois Department of Healthcare and Family Services