TO: All Executive Directors
FROM: Ronald S. Flagg, President
DATE: January 31, 2025
SUBJECT: Restrictions on Legal Assistance to Non-Citizens and Exceptions

In the 1996 Appropriations Act, Congress established clear statutory restrictions and limited exceptions governing the provision of legal assistance to non-citizens by LSC grant recipients. In 1998, 2000, 2003, and 2006, Congress enacted new exceptions including eligibility for survivors of human trafficking, battery, extreme cruelty, sexual assault, or who otherwise qualify for a non-immigrant U visa (abused persons helpful to law enforcement) or T visa (survivors of severe forms of trafficking cooperating with law enforcement). The purpose of this Program Letter is to remind LSC grant recipients of these restrictions and exceptions as provided in 45 C.F.R. Part 1626—Restrictions on Legal Assistance to Aliens and Program Letter 24-1.

General Prohibition

LSC grant recipients are generally prohibited from providing legal assistance to non-citizens using any funds. Pub. L. 104-134, title V, § 504 Section 504(a)(11), 110 Stat. 1321-50, 1321-53 (1996); Pub. L. 105-119, title V, § 502(a)(2), 111 Stat. 2440, 2510 (1998) (incorporated by reference annually thereafter); see also 45 C.F.R. Parts 1626 (citizenship and eligibility) and 1610 (use of non-LSC funds).

Special Considerations

Notwithstanding the general prohibition, Congress established specific exceptions allowing LSC grant recipients to serve certain non-citizen populations. Many of the exceptions allow LSC grant recipients to serve non-citizens based on their status. Examples of eligibility based on immigration status include lawful permanent residents, refugees, and H-2A and H-2B visa holders. Pub. L. 104-134, title V, § 504(a)(11)(A), (C), and (E); see also 45 C.F.R. §§ 1626.5, 1626.11; Program Letter 14-2. Other statutory exceptions permit eligibility for anyone, including non-citizens, in need of legal assistance due to many types of abuse, including human trafficking, battery, extreme cruelty, and sexual assault. The statutory exceptions include people who other wise qualify for a non-immigrant U visa for abused persons helpful to law enforcement or for a non-immigrant T visa for survivors of severe forms of trafficking cooperating with law enforcement. Finally, in 2022, Congress passed two laws authorizing certain Afghan and Ukrainian citizens or habitual residents of those countries who have been paroled into the United States to receive benefits available to refugees, including legal assistance. Those exceptions are summarized below.

1. Survivors of Domestic Violence, Sexual Assault, and Human Trafficking

Under the 2005 Violence Against Women Act (VAWA) Amendments, LSC grant recipients may provide legal assistance to certain non-citizen survivors of domestic violence, sexual assault, and human trafficking in the United States, as well as survivors of other crimes qualifying them for a U visa. Pub. L. 109-162, 119 Stat. 2960, 2979-80 (Jan. 5, 2006). Legal assistance must be directly related to helping the survivor escape, remedy, or mitigate the effects of the abuse or criminal behavior. This includes, but is not limited to, obtaining protective orders, resolving child custody disputes, securing housing, accessing public benefits, or pursuing contempt actions.

Under the Trafficking Victims Protection Act (TVPA), as amended, LSC grant recipients may provide legal assistance to non-citizen survivors of severe forms of human trafficking. 22 U.S.C. § 7105(b)(1)(B)(i). In such cases, grant recipients may provide any legal assistance
permitted under LSC’s governing statutes.

2. Certain Afghan and Ukrainian Parolees

Recent legislative actions, including the “Extending Government Funding and Delivering Emergency Assistance Act” and the “Additional Ukraine Supplemental Appropriations Act,” authorize humanitarian assistance to Afghan and Ukrainian citizens and habitual residents fleeing conflict. Congress provided that individuals paroled into the United States under those statutes qualify for benefits available to refugees admitted under Section 207 of the Immigration and Nationality Act (INA) for the duration of the individual’s parole. One of those statutory benefits is eligibility for legal services from an LSC grantee (subject to all other eligibility requirements). 45 C.F.R. § 1626.5(c). See Advisory Opinions AO-2022-001 and AO-2022-003. Once parole expires, grant recipients must reassess the eligibility of these individuals under 45 C.F.R. Part 1626.

Compliance and Reporting

LSC grant recipients must document and report all instances of legal assistance provided under these exceptions to ensure transparency and compliance with LSC guidelines. 45 C.F.R. §§ 1626.4(e) & 1626.12; LSC Case Service Handbook, Chapter V: Documentation Requirements.

Legal Information

The LSC eligibility requirements discussed above apply when an LSC grant recipient provides legal assistance to a client specific to the client’s unique circumstances. LSC Case Service Handbook (§§ 2.2 Definition of Legal Assistance and 2.3 Definition of Legal Information). However, LSC grant recipients may provide generic information about legal rights and responsibilities to the public. See 45 C.F.R. § 1638.4(a). When providing legal information, grant recipients should carefully consider the best way to do so consistent with the needs of the client-eligible community and the goals of their LSC grant. In some cases, another community organization might be better situated to address the topic. Grant recipients are encouraged to consult with LSC when drafting legal information to ensure compliance with their LSC grant and LSC’s governing statutes and regulations.

LSC is committed to ensuring that grant recipients understand and adhere to these restrictions and exceptions. If you have any questions or concerns regarding this Program Letter or require further guidance, please contact Will A. Gunn, General Counsel, at gunnw@lsc.gov.