Department of Human Services

Food Stamp OnlinePolicy Manual

Citizenship and Alien Status Requirement

Revised:

6.12

INELIGIBLE ALIENS

Food Stamp Table of Contents

1240-1-3-.13

All aliens other than those listed in 1240-1-3-.12 are ineligible for Food Stamps. They shall not be included in an assistance group.

 

The ineligible alienís income will be prorated evenly among the household and the ineligible alienís share would not be counted to the remaining household. The ineligible alienís resources shall be counted in full to the remaining household as shown in Section 1240-1-2-.02-(4)-(b) for Food Stamps.

 

If the caseworker is unable to verify immigration status, the alien is ineligible to receive benefits. If the alien declines or fails to present documentation of immigration status or the caseworker is unable to obtain verification of the alienís status, the alien should not be assumed to be an illegal alien. However, without appropriate documentation, we cannot determine eligibility for benefits.

 

Simply declining to provide documentation of immigration status is not a valid reason for referral to BCIS. An illegal alien would only be referred to BCIS when the alien presents documentation that he/she is an illegal alien (such as a formal order of deportation).

 

When the caseworker refers an illegal alien to BCIS, the referral must be in writing with a copy sent to State Office, Food Stamp Policy Section. In the referral, the caseworker must document the reason for the referral, along with the alienís name and address.

 

Glossary of Terms

Food Stamp Table of Contents