SNAP-HUMANITARIAN IMMIGRANT

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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.
LRB104 19920 KTG 33370 b

A BILL FOR

SB3167
LRB104 19920 KTG 33370 b
1

AN ACT concerning public aid.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Illinois Public Aid Code is amended by
5
changing Sections 16-1, 16-2, 16-3, 16-4, and 16-5 and by
6
adding Section 16-2.5 as follows:

7

(305 ILCS 5/16-1)
8

Sec. 16-1.
Benefits for
humanitarian immigrants and

9
foreign-born victims of trafficking, torture, or other serious
10
crimes.
In order to protect
humanitarian immigrants without
11
eligibility for federal public benefits and
persons who are
12
foreign-born victims of trafficking, torture, or other serious
13
crimes and to reduce the risk of further harm, exploitation,
14
and re-trafficking, beginning
on the effective date of this
15
amendatory Act of the 104th General Assembly

January 1, 2018
,
16
cash assistance provided under the Temporary Assistance for
17
Needy Families program established under Article IV of this
18
Code and benefits provided under the federal Supplemental
19
Nutrition Assistance Program (SNAP) shall be provided to such
20
persons and their derivative family members to the same extent
21
cash assistance and SNAP benefits are provided to
United
22
States citizens

individuals who are admitted to the United
23
States as refugees under Section 1157 of Title 8 of the United

SB3167
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LRB104 19920 KTG 33370 b
1
States Code
. To the extent that federal funding is not
2
available, any cash assistance or SNAP benefits provided under
3
this Article shall be paid from State funds. If changes made in
4
this Section require federal approval, they shall not take
5
effect until such approval has been received.
6
(Source: P.A. 99-870, eff. 8-22-16.)

7

(305 ILCS 5/16-2)
8

Sec. 16-2.
Eligibility
for cash assistance
.
Subject to
9
available funding, a foreign-born victim of trafficking,
10
torture, or other serious crimes and the individual's
11
derivative family members are eligible for cash assistance
or
12
SNAP benefits
under this Article if the individual:
13

(a) is not eligible, due to immigration status, for
14

comparable federal cash assistance
or SNAP benefits
and
15

has filed and been approved for, or is awaiting final
16

determination regarding:
17

(1) a formal application for T Nonimmigrant status
18

with the appropriate federal agency pursuant to
19

Section 1101(a)(15)(T) of Title 8 of the United States
20

Code, or is otherwise taking steps to meet the
21

conditions for federal benefits eligibility under
22

Section 7105 of Title 22 of the United States Code;
23

(2) a formal application with the appropriate
24

federal agency for status pursuant to Section
25

1101(a)(15)(U) of Title 8 of the United States Code;

SB3167
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LRB104 19920 KTG 33370 b
1

or
2

(3) a formal application with the appropriate
3

federal agency for status under Section 1158 of Title
4

8 of the United States Code; and
5

(b) is otherwise eligible for cash assistance
or SNAP
6

benefits
, as applicable.
7

A single adult without derivative family members shall
8
only be eligible for cash assistance
or SNAP benefits
under
9
this Article if the individual is not eligible, due to
10
immigration status, for comparable federal cash assistance
or
11
SNAP benefits
and has filed and been approved for, or is
12
awaiting final determination regarding:
13

(i) a formal application for T Nonimmigrant status
14

with the appropriate federal agency pursuant to Section
15

1101(a)(15)(T) of Title 8 of the United States Code, or is
16

otherwise taking steps to meet the conditions for federal
17

benefits eligibility under Section 7105 of Title 22 of the
18

United States Code; or
19

(ii) a formal application with the appropriate federal
20

agency for status pursuant to Section 1101(a)(15)(U) of
21

Title 8 of the United States Code.
22

Any individual, including any derivative family members,
23
residing in an institution or other setting that provides the
24
majority of the individual's daily meals is not eligible for
25
SNAP benefits.
26
(Source: P.A. 103-588, eff. 6-5-24; 104-2, eff. 6-16-25.)

SB3167
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LRB104 19920 KTG 33370 b
1

(305 ILCS 5/16-2.5 new)
2

Sec. 16-2.5.
Eligibility for SNAP benefits.
3

(a) Subject to available funding, a humanitarian immigrant
4
or foreign-born victim of trafficking, torture, or other
5
serious crimes and the individual's derivative family members,
6
if applicable, are eligible for SNAP benefits under this
7
Article if the applicant is not eligible for federal SNAP
8
benefits solely due to citizenship or immigration status
9
requirements but otherwise meets the financial and
10
nonfinancial factors of eligibility for SNAP, and either:
11

(1) the individual has filed, or is awaiting final
12

determination regarding:
13

(A) a formal application for T Nonimmigrant status
14

with the appropriate federal agency in accordance with
15

Section 1101(a)(15)(T) of Title 8 of the United States
16

Code, or is otherwise taking steps to meet the
17

conditions for federal benefits eligibility under
18

Section 7105 of Title 22 of the United States Code;
19

(B) a formal application with the appropriate
20

federal agency for status in accordance with Section
21

1101(a)(15)(U) of Title 8 of the United States Code;
22

or
23

(C) a formal application with the appropriate
24

federal agency for status in accordance with Section
25

1158 of Title 8 of the United States Code; or

SB3167
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LRB104 19920 KTG 33370 b
1

(2) the individual is:
2

(A) a refugee under Section 1157 of Title 8 of the
3

United States Code;
4

(B) an individual who has been granted asylum
5

under Section 1158 of Title 8 of the United States
6

Code;
7

(C) an individual whose deportation is being
8

withheld under Section 243(h) of the Immigration and
9

Nationality Act as in effect prior to April 1, 1997, or
10

whose removal is withheld under Section 1231(b)(3) of
11

Title 8 of the United States Code;
12

(D)(i) a spouse, widow, or child of a U.S. citizen
13

or a spouse or child of a lawful permanent resident who
14

has been battered or subjected to extreme cruelty by
15

the U.S. citizen or lawful permanent resident or by a
16

member of that relative's family who lived with them,
17

and the individual no longer lives with the abuser or
18

plans to live separately within one month of receipt
19

of assistance and whose need for assistance is due, at
20

least in part, to the abuse, or (ii) an individual
21

described in 8 U.S.C. 1641(c) and 22 U.S.C.
22

7105(b)(1)(C);
23

(E) an individual who has been approved for T
24

Nonimmigrant status with the appropriate federal
25

agency under Section 1101(a)(15)(T) of Title 8 of the
26

United States Code;

SB3167
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LRB104 19920 KTG 33370 b
1

(F) an individual who has been approved for U
2

Nonimmigrant status with the appropriate federal
3

agency under Section 1101(a)(15)(U) of Title 8 of the
4

United States Code;
5

(G) an American Indian born in Canada who
6

possesses at least 50% of blood of the American Indian
7

race to whom the provisions of Section 1359 of Title 8
8

of the United States Code apply;
9

(H) a member of an Indian tribe as defined in
10

Section 5304(e) of Title 25 of the United States Code
11

which is recognized as eligible for the special
12

programs and services provided by the U.S. to Indians
13

because of their status as Indians;
14

(I)(i) a Hmong or Highland Laotian tribal member
15

lawfully residing in the U.S. who was a member of a
16

Hmong or Highland Laotian tribe between August 5,
17

1964, and ending May 7, 1975;
18

(ii) the spouse, or surviving spouse of such Hmong
19

or Highland Laotian who is deceased; or
20

(iii) an unmarried dependent child of such Hmong
21

or Highland Laotian who is under the age of 18 or if a
22

full-time student under the age of 22; an unmarried
23

child under the age of 18 or if a full-time student
24

under the age of 22 of such a deceased Hmong or
25

Highland Laotian provided the child was dependent upon
26

him or her at the time of his or her death; or an

SB3167
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LRB104 19920 KTG 33370 b
1

unmarried disabled child age 18 or older if the child
2

was disabled and dependent on the person prior to the
3

child's 18th birthday. For purposes of this item
4

(iii), "child" means the legally adopted or biological
5

child of the person described in item (i);
6

(J) an Iraqi or Afghan special immigrant under 8
7

U.S.C. 1101(a)(27);
8

(K) an individual who is granted conditional entry
9

pursuant to section 203(a)(7) of the INA as in effect
10

prior to April 1, 1980;
11

(L) an individual who is granted parole into the
12

U.S. under 8 U.S.C. 1182(d)(5) for a period of at least
13

1 year; or
14

(M) a lawful permanent resident under 8 U.S.C.
15

1259, known as legalization through "registry."
16

(b) Any individual, including any derivative family
17
members, residing in an institution or other setting that
18
provides the majority of the individual's daily meals is not
19
eligible for SNAP benefits.

20

(305 ILCS 5/16-3)
21

Sec. 16-3.
Determination of eligibility.
(a)
The
22
Department shall determine that an applicant for cash
23
assistance
provided under Section 16-2 of this Article
or SNAP
24
benefits provided under
Section 16-2.5 of
this Article is
25
eligible for such benefits if the applicant meets the income

SB3167
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LRB104 19920 KTG 33370 b
1
guidelines and is otherwise eligible and
either: (1)
the
2
applicant has filed:
3

(1)

(A)
an application for T Nonimmigrant status
4

with the appropriate federal agency pursuant to
5

Section 1101(a)(15)(T) of Title 8 of the United States
6

Code, or is otherwise taking steps to meet the
7

conditions for federal benefits eligibility under
8

Section 7105 of Title 22 of the United States Code;
9

(2)

(B)
a formal application with the appropriate
10

federal agency for status pursuant to Section
11

1101(a)(15)(U) of Title 8 of the United States Code;
12

or
13

(3)

(C)
a formal application with the appropriate
14

federal agency for status under Section 1158 of Title
15

8 of the United States Code
.

; or

16

(2) the applicant, or a representative of the
17

applicant if the applicant is not competent, has provided
18

to the Department:
19

(A) a sworn statement that he or she is a
20

foreign-born victim of trafficking, torture, or other
21

serious crimes; and
22

(B) at least one item of additional credible
23

evidence, including, but not limited to, any of the
24

following:
25

(i) police, government agency, or court
26

records or files;

SB3167
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LRB104 19920 KTG 33370 b
1

(ii) news articles;
2

(iii) documentation from a social services,
3

trafficking, domestic violence program or rape
4

crisis center, or a legal, clinical, medical, or
5

other professional from whom the applicant or
6

recipient has sought assistance in dealing with
7

the crime;
8

(iv) a statement from any other individual
9

with knowledge of the circumstances that provided
10

the basis for the claim;
11

(v) physical evidence;
12

(vi) a copy of a completed visa application;
13

or
14

(vii) written notice from the federal agency
15

of receipt of the visa application.
16

(b) The Department may, in its discretion, provide cash
17
assistance or SNAP benefits pursuant to this Article to an
18
applicant who cannot provide additional evidence as set forth
19
in subparagraph (B) of paragraph (2) of subsection (a) if:
20

(1) the applicant, or a representative of the
21

applicant if the applicant is not competent, has provided
22

a sworn statement that he or she is a foreign-born victim
23

of trafficking, torture, or other serious crimes; and
24

(2) the Department determines that the applicant is
25

credible.
26
(Source: P.A. 99-870, eff. 8-22-16.)

SB3167
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LRB104 19920 KTG 33370 b
1

(305 ILCS 5/16-4)
2

Sec. 16-4.
Work requirements and exemptions.
3

(a) Persons
who are foreign-born victims of trafficking,
4
torture, or other serious crimes and who are
receiving cash
5
assistance or SNAP benefits under this Article shall be
6
subject to the same work requirements and work requirement
7
exemptions as other recipients of cash assistance or SNAP
8
benefits, provided that compliance with these requirements is
9
authorized by law.
10

(b) A person
receiving cash assistance or SNAP benefits
11
under this Article

who is a foreign-born victim of
12
trafficking, torture, or other serious crimes
shall be
13
exempted from any work requirements if
:
14

(1)
physical or psychological trauma related to or
15

arising from the trafficking, torture, or other serious
16

crimes impedes his or her ability to comply
; or

.

17

(2) the person does not have legal authorization to
18

work.

19
(Source: P.A. 99-870, eff. 8-22-16.)

20

(305 ILCS 5/16-5)
21

Sec. 16-5.
Termination of benefits.
(a)
Any cash
22
assistance
provided under Section 16-2 of this Article
or SNAP
23
benefits provided under
Section 16-2.5 of
this Article to
a
24
humanitarian immigrant or
a person who is a foreign-born

SB3167
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LRB104 19920 KTG 33370 b
1
victim of trafficking, torture, or other serious crimes and
2
his or her derivative family members shall be terminated if
3
there is a final denial of that person's visa or asylum
4
application under Section 1101(a)(15)(T), 1101(a)(15)(U), or
5
1158 of Title 8 of the United States Code.
The final denial of
6
an application must be the result of a final administrative or
7
judicial determination after all appeals and challenges have
8
been exhausted.

9

(b) A person who is a foreign-born victim of trafficking,
10
torture, or other serious crimes and his or her derivative
11
family members shall be ineligible for continued State-funded
12
cash assistance or SNAP benefits provided under this Article
13
if that person has not filed a formal application for status
14
pursuant to Section 1101(a)(15)(T), 1101(a)(15)(U), or 1158 of
15
Title 8 of the United States Code within one year after the
16
date of his or her application for cash assistance or SNAP
17
benefits provided under this Article. The Department of Human
18
Services may extend the person's and his or her derivative
19
family members' eligibility for medical assistance, cash
20
assistance, or SNAP benefits beyond one year if the Department
21
determines that the person, during the year of initial
22
eligibility (i) experienced a health crisis, (ii) has been
23
unable, after reasonable attempts, to obtain necessary
24
information from a third party, or (iii) has other extenuating
25
circumstances that prevented the person from completing his or
26
her application for status.

SB3167
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LRB104 19920 KTG 33370 b
1
(Source: P.A. 99-870, eff. 8-22-16; 100-201, eff. 8-18-17.)

2

Section 99.
Effective date.
This Act takes effect upon
3
becoming law.

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