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Revisiting Shapiro: Welfare Magnets and State Residency Requirements in the 1990s
Authors:Allard   Scott W.
Abstract:The Personal Responsibility and Work Opportunity ReconciliationAct of 1996 (PRWORA) generated renewed interest in welfare racesto the bottom as states received greater discretion over eligibilitystandards for new residents. Despite U.S. Supreme Court decisionsfinding welfare-residency requirements unconstitutional andmounting empirical evidence that welfare benefits do not attractpoor migrants, state policymakers have enacted welfare-reformplans that treat newcomers differently as authorized in PRWORA.This article reviews the existing research on welfare migration,current state-residency requirements, and central constitutionalissues surrounding such requirements. With the likelihood thatcourts will have the final word on the current round of statewelfare-residency requirements, it is essential that empiricalresearch on welfare magnets examine the issues central to thecases currently moving through the judicial system.
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