This Article analyzes the color of law standard in determining eligibility of noncitizens for public benefits, and outlines the impact of the Immigration Reform and Control Act of 1986 on benefit eligibility. The author reviews the legislative history and judicial construction of the standard, and proposes a working definition of "permanently residing. . . under color of law" that would include those aliens with implied or express permission to remain in the country, but exclude undocumented aliens and those who are temporarily present.
Walking a Gray Line: The Color of Law Test Governing Noncitizen Eligibility for Public Benefits,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol24/iss2/6