Further, although subsequent legislation, the green bay packers nfl full over print shirt such as Congress’s expansion of SNAP, expanded eligibility of public benefits to certain aliens,
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The receipt of public benefits by household members is not considered as part of an alien’s application, although such receipt is excluded from the alien’s household income, the green bay packers nfl full over print shirt assets, and resources. Several commenters observed that U.S. born children often qualify for and receive assistance, because their immigrant parents are struggling. The commenters stated that DHS should not penalize the parents or the children for accepting public benefits that were legally available to them. One commenter questioned the legality of the rule and stated that the Supreme Court in Plyler v. Doe held that states cannot discriminate against children on the basis of undocumented status. The commenter said numerous other cases have held that children cannot be penalized for their parentage (e.g., Levy v. Louisiana, 391 U.S. 68 and Clark v. Jeter, 486 U.S. 456 ). Interim Field Guidance is consistent with congressional intent and case law and should not be abandoned.
One commenter noted that the 1999 Interim Field Guidance’s exclusion of certain public health, nutrition, and in-kind community service programs was consistent with the intent of Congress as expressed in its 1996 Conference Report regarding PRWORA and that rule was a departure from this intent. These provision and others restoring or providing public benefit access to immigrants are incorporated to the statutory provisions governing PRWORA, 8 U.S.C. 1611. Therefore, this rule is informed by all the documentation and data presented before the 1999 Interim Field Guidance, as well as relevant subsequent legislation, and relevant case law. DHS would note that precedential decisions and other materials cited by DHS do not lose persuasive value for purposes of DHS’s interpretation simply because they were also addressed in the 1999 proposed rule and 1999 Interim Guidance.