SB3167 104TH GENERAL ASSEMBLY

LRB104 19920 KTG 33370 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3167

Introduced 2/2/2026, by Sen. Graciela Guzmán

SYNOPSIS AS INTRODUCED:

305 ILCS 5/16-1
305 ILCS 5/16-2
305 ILCS 5/16-2.5 new
305 ILCS 5/16-3
305 ILCS 5/16-4
305 ILCS 5/16-5

Amends the Survivor Support and Trafficking Prevention Article of the Illinois Public Aid Code. Extends eligibility for State funded cash assistance and SNAP benefits to humanitarian immigrants, subject to available funding, if they are not eligible for such benefits solely due to citizenship or immigration status requirements but otherwise meet the financial and nonfinancial factors of eligibility. Lists the classes of humanitarian immigrants eligible for SNAP benefits under the Article. Provides that any individual residing in an institution or other setting that provides the majority of the individual's daily meals is not eligible for SNAP benefits. Exempts persons who do not have legal authorization to work from the statutory work requirements. Makes other changes. Effective immediately.

A BILL FOR

AN ACT concerning public aid.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Public Aid Code is amended by changing Sections 16-1, 16-2, 16-3, 16-4, and 16-5 and by adding Section 16-2.5 as follows:

(305 ILCS 5/16-1)

Sec. 16-1. Benefits for humanitarian immigrants and foreign-born victims of trafficking, torture, or other serious crimes. In order to protect humanitarian immigrants without eligibility for federal public benefits and persons who are foreign-born victims of trafficking, torture, or other serious crimes and to reduce the risk of further harm, exploitation, and re-trafficking, beginning on the effective date of this amendatory Act of the 104th General Assembly January 1, 2018, cash assistance provided under the Temporary Assistance for Needy Families program established under Article IV of this Code and benefits provided under the federal Supplemental Nutrition Assistance Program (SNAP) shall be provided to such persons and their derivative family members to the same extent cash assistance and SNAP benefits are provided to United States citizens individuals who are admitted to the United States as refugees under Section 1157 of Title 8 of the United States Code. To the extent that federal funding is not available, any cash assistance or SNAP benefits provided under this Article shall be paid from State funds. If changes made in this Section require federal approval, they shall not take effect until such approval has been received.

(Source: P.A. 99-870, eff. 8-22-16.)

(305 ILCS 5/16-2)

Sec. 16-2. Eligibility for cash assistance. Subject to available funding, a foreign-born victim of trafficking, torture, or other serious crimes and the individual's derivative family members are eligible for cash assistance or SNAP benefits under this Article if the individual:

(a) is not eligible, due to immigration status, for comparable federal cash assistance or SNAP benefits and has filed and been approved for, or is awaiting final determination regarding:

(1) a formal application for T Nonimmigrant status with the appropriate federal agency pursuant to Section 1101(a)(15)(T) of Title 8 of the United States Code, or is otherwise taking steps to meet the conditions for federal benefits eligibility under Section 7105 of Title 22 of the United States Code;

(2) a formal application with the appropriate federal agency for status pursuant to Section 1101(a)(15)(U) of Title 8 of the United States Code; or

(3) a formal application with the appropriate federal agency for status under Section 1158 of Title 8 of the United States Code; and

(b) is otherwise eligible for cash assistance or SNAP benefits, as applicable.

A single adult without derivative family members shall only be eligible for cash assistance or SNAP benefits under this Article if the individual is not eligible, due to immigration status, for comparable federal cash assistance or SNAP benefits and has filed and been approved for, or is awaiting final determination regarding:

(i) a formal application for T Nonimmigrant status with the appropriate federal agency pursuant to Section 1101(a)(15)(T) of Title 8 of the United States Code, or is otherwise taking steps to meet the conditions for federal benefits eligibility under Section 7105 of Title 22 of the United States Code; or

(ii) a formal application with the appropriate federal agency for status pursuant to Section 1101(a)(15)(U) of Title 8 of the United States Code.

Any individual, including any derivative family members, residing in an institution or other setting that provides the majority of the individual's daily meals is not eligible for SNAP benefits.

(Source: P.A. 103-588, eff. 6-5-24; 104-2, eff. 6-16-25.)

(305 ILCS 5/16-2.5 new)

Sec. 16-2.5. Eligibility for SNAP benefits.

(a) Subject to available funding, a humanitarian immigrant or foreign-born victim of trafficking, torture, or other serious crimes and the individual's derivative family members, if applicable, are eligible for SNAP benefits under this Article if the applicant is not eligible for federal SNAP benefits solely due to citizenship or immigration status requirements but otherwise meets the financial and nonfinancial factors of eligibility for SNAP, and either:

(1) the individual has filed, or is awaiting final determination regarding:

(A) a formal application for T Nonimmigrant status with the appropriate federal agency in accordance with Section 1101(a)(15)(T) of Title 8 of the United States Code, or is otherwise taking steps to meet the conditions for federal benefits eligibility under Section 7105 of Title 22 of the United States Code;

(B) a formal application with the appropriate federal agency for status in accordance with Section 1101(a)(15)(U) of Title 8 of the United States Code; or

(C) a formal application with the appropriate federal agency for status in accordance with Section 1158 of Title 8 of the United States Code; or

(2) the individual is:

(A) a refugee under Section 1157 of Title 8 of the United States Code;

(B) an individual who has been granted asylum under Section 1158 of Title 8 of the United States Code;

(C) an individual whose deportation is being withheld under Section 243(h) of the Immigration and Nationality Act as in effect prior to April 1, 1997, or whose removal is withheld under Section 1231(b)(3) of Title 8 of the United States Code;

(D)(i) a spouse, widow, or child of a U.S. citizen or a spouse or child of a lawful permanent resident who has been battered or subjected to extreme cruelty by the U.S. citizen or lawful permanent resident or by a member of that relative's family who lived with them, and the individual no longer lives with the abuser or plans to live separately within one month of receipt of assistance and whose need for assistance is due, at least in part, to the abuse, or (ii) an individual described in 8 U.S.C. 1641(c) and 22 U.S.C. 7105(b)(1)(C);

(E) an individual who has been approved for T Nonimmigrant status with the appropriate federal agency under Section 1101(a)(15)(T) of Title 8 of the United States Code;

(F) an individual who has been approved for U Nonimmigrant status with the appropriate federal agency under Section 1101(a)(15)(U) of Title 8 of the United States Code;

(G) an American Indian born in Canada who possesses at least 50% of blood of the American Indian race to whom the provisions of Section 1359 of Title 8 of the United States Code apply;

(H) a member of an Indian tribe as defined in Section 5304(e) of Title 25 of the United States Code which is recognized as eligible for the special programs and services provided by the U.S. to Indians because of their status as Indians;

(I)(i) a Hmong or Highland Laotian tribal member lawfully residing in the U.S. who was a member of a Hmong or Highland Laotian tribe between August 5, 1964, and ending May 7, 1975;

(ii) the spouse, or surviving spouse of such Hmong or Highland Laotian who is deceased; or

(iii) an unmarried dependent child of such Hmong or Highland Laotian who is under the age of 18 or if a full-time student under the age of 22; an unmarried child under the age of 18 or if a full-time student under the age of 22 of such a deceased Hmong or Highland Laotian provided the child was dependent upon him or her at the time of his or her death; or an unmarried disabled child age 18 or older if the child was disabled and dependent on the person prior to the child's 18th birthday. For purposes of this item (iii), "child" means the legally adopted or biological child of the person described in item (i);

(J) an Iraqi or Afghan special immigrant under 8 U.S.C. 1101(a)(27);

(K) an individual who is granted conditional entry pursuant to section 203(a)(7) of the INA as in effect prior to April 1, 1980;

(L) an individual who is granted parole into the U.S. under 8 U.S.C. 1182(d)(5) for a period of at least 1 year; or

(M) a lawful permanent resident under 8 U.S.C. 1259, known as legalization through "registry."

(b) Any individual, including any derivative family members, residing in an institution or other setting that provides the majority of the individual's daily meals is not eligible for SNAP benefits.

(305 ILCS 5/16-3)

Sec. 16-3. Determination of eligibility. (a) The Department shall determine that an applicant for cash assistance provided under Section 16-2 of this Article or SNAP benefits provided under Section 16-2.5 of this Article is eligible for such benefits if the applicant meets the income guidelines and is otherwise eligible and either: (1) the applicant has filed:

(1) (A) an application for T Nonimmigrant status with the appropriate federal agency pursuant to Section 1101(a)(15)(T) of Title 8 of the United States Code, or is otherwise taking steps to meet the conditions for federal benefits eligibility under Section 7105 of Title 22 of the United States Code;

(2) (B) a formal application with the appropriate federal agency for status pursuant to Section 1101(a)(15)(U) of Title 8 of the United States Code; or

(3) (C) a formal application with the appropriate federal agency for status under Section 1158 of Title 8 of the United States Code. ; or

(2) the applicant, or a representative of the applicant if the applicant is not competent, has provided to the Department:

(A) a sworn statement that he or she is a foreign-born victim of trafficking, torture, or other serious crimes; and

(B) at least one item of additional credible evidence, including, but not limited to, any of the following:

(i) police, government agency, or court records or files;

(ii) news articles;

(iii) documentation from a social services, trafficking, domestic violence program or rape crisis center, or a legal, clinical, medical, or other professional from whom the applicant or recipient has sought assistance in dealing with the crime;

(iv) a statement from any other individual with knowledge of the circumstances that provided the basis for the claim;

(v) physical evidence;

(vi) a copy of a completed visa application; or

(vii) written notice from the federal agency of receipt of the visa application.

(b) The Department may, in its discretion, provide cash assistance or SNAP benefits pursuant to this Article to an applicant who cannot provide additional evidence as set forth in subparagraph (B) of paragraph (2) of subsection (a) if:

(1) the applicant, or a representative of the applicant if the applicant is not competent, has provided a sworn statement that he or she is a foreign-born victim of trafficking, torture, or other serious crimes; and

(2) the Department determines that the applicant is credible.

(Source: P.A. 99-870, eff. 8-22-16.)

(305 ILCS 5/16-4)

Sec. 16-4. Work requirements and exemptions.

(a) Persons who are foreign-born victims of trafficking, torture, or other serious crimes and who are receiving cash assistance or SNAP benefits under this Article shall be subject to the same work requirements and work requirement exemptions as other recipients of cash assistance or SNAP benefits, provided that compliance with these requirements is authorized by law.

(b) A person receiving cash assistance or SNAP benefits under this Article who is a foreign-born victim of trafficking, torture, or other serious crimes shall be exempted from any work requirements if:

(1) physical or psychological trauma related to or arising from the trafficking, torture, or other serious crimes impedes his or her ability to comply; or .

(2) the person does not have legal authorization to work.

(Source: P.A. 99-870, eff. 8-22-16.)

(305 ILCS 5/16-5)

Sec. 16-5. Termination of benefits. (a) Any cash assistance provided under Section 16-2 of this Article or SNAP benefits provided under Section 16-2.5 of this Article to a humanitarian immigrant or a person who is a foreign-born victim of trafficking, torture, or other serious crimes and his or her derivative family members shall be terminated if there is a final denial of that person's visa or asylum application under Section 1101(a)(15)(T), 1101(a)(15)(U), or 1158 of Title 8 of the United States Code. The final denial of an application must be the result of a final administrative or judicial determination after all appeals and challenges have been exhausted.

(b) A person who is a foreign-born victim of trafficking, torture, or other serious crimes and his or her derivative family members shall be ineligible for continued State-funded cash assistance or SNAP benefits provided under this Article if that person has not filed a formal application for status pursuant to Section 1101(a)(15)(T), 1101(a)(15)(U), or 1158 of Title 8 of the United States Code within one year after the date of his or her application for cash assistance or SNAP benefits provided under this Article. The Department of Human Services may extend the person's and his or her derivative family members' eligibility for medical assistance, cash assistance, or SNAP benefits beyond one year if the Department determines that the person, during the year of initial eligibility (i) experienced a health crisis, (ii) has been unable, after reasonable attempts, to obtain necessary information from a third party, or (iii) has other extenuating circumstances that prevented the person from completing his or her application for status.

(Source: P.A. 99-870, eff. 8-22-16; 100-201, eff. 8-18-17.)

Section 99. Effective date. This Act takes effect upon becoming law.