Immigrants who come to the United States under the auspices of sponsors—whether a family member or any other person who signs a legally enforceable affidavit of support—are subject to “sponsor deeming.” Sponsor deeming refers to taking into account the income and resources of the sponsor in determining the immigrant’s eligibility for government benefit programs.

The 1996 immigration law requires new family-related immigrants to produce affidavits of support from their sponsors, and these affidavits are legally enforceable. Sponsors are required to have an income of 125 percent of the federal poverty level, unless they are active duty personnel, in which case they must have an income of 100 percent of the federal poverty level. If an immigrant receives government benefits without meeting sponsor deeming requirements, the agency that provided the benefits may sue the sponsor for reimbursement.

Sponsor deeming now applies to immigrant eligibility for TANF, SSI, Food Stamps and Medicaid. It remains in effect until the immigrant receives citizenship or has been employed for 40 quarters in the United States.