Department of Human Services

Food Stamp Online  Policy Manual

Citizenship and Alien Status Requirement




Food Stamp Table of Contents


(a)   Citizens and eligible aliens


The Department shall allow participation in the program by any person who is a resident of the United States and one of the following:


1.      a United States citizen

2.      a naturalized citizen

3.      a United States non-citizen national

4.      an otherwise eligible Indian who:


(i)        is an American Indian born in Canada to whom the provisions of section 289 of the Immigration and Nationality Act (8 U.S.C. 1359) apply [This section gives certain Indians the right to move freely across the U.S. and Canadian borders, and exempts them from any immigration restrictions.] or

(ii)      is a member of an Indian tribe (as defined in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e). [This section applies to any Indian tribe, band, nation, or other recognized group or community which is recognized by the Bureau of Indian Affairs (BIA). This includes Indians who move freely across the borders between the U.S. and Canada and the U.S. and Mexico.]


Note:  If any Indians claim eligibility for food stamps, determine if the tribe, band, etc., is one recognized by the BIA.


5.      certain otherwise eligible Hmong or Highland Laotians as described below:  


(i)     an individual who is lawfully residing in the United States; and was a member of a Hmong or Highland Laotian tribe at the time that the tribe rendered assistance to the United States personnel by taking part in a military or rescue operation during the Vietnam era (as defined in section 101 of the title 38, United States Code);


(ii)   the spouse, or an unmarried dependent child, of such an individual; or


(iii)    the unremarried surviving spouse of such an individual who is deceased.


Glossary of Terms

Food Stamp Table of Contents