ParaRegs-Food-Stamps-Citizenship-Aliens-Residency

Code

Effective

ParaReg Text

230-1



A noncitizen is ineligible for FS until acceptable documentation is provided unless:

 

(A)       The county welfare department (CWD) has submitted a copy of a document provided by the household to INS for verification.  Pending such verification, the CWD cannot delay, deny, reduce or terminate the individual's benefits on the basis of the individual’s immigration status; or

 

(B)       The applicant or CWD has submitted a request to a federal agency for verification of information that bears on the individual's eligible noncitizen's status.  The CWD shall certify the individual pending the results of the investigation for up to six months from the date of the original request for verification.

 

(§63-300.55(b)(4), effective June 1, 2001, renumbered to §63-300.5(e)(2)(D) effective February 21, 2002)

230-2



The county welfare department (CWD) shall provide noncitizen applicants with a reasonable opportunity to submit acceptable documentation of their noncitizen status by the 30th day following the date of application. A reasonable opportunity must be at least 10 days from the date of the CWD's request for an acceptable document. When the noncitizen applicant is not provided with a reasonable opportunity by the 30th day following the date of application, the CWD must provide the household with benefits no later than 30 days following the date of application, provided the household is otherwise eligible. (§63-300.55(b)(5), effective June 1, 2001, renumbered to §63-300.5(e)(2)(E) effective February 21, 2002)

231-1



When a household's statement is questionable that one or more of its members are United States citizens, the household shall be asked to provide acceptable verification. Acceptable forms of verification include birth certificates, religious records, certificates of citizenship or naturalization provided by the Immigration and Naturalization Service or United States passports. (§63-300.532(a), renumbered to §63-300.5(g) effective February 21, 2002)

231-2



Participation in the FS Program is limited to individuals who are either United States (U.S.) citizens or eligible noncitizens.

For the purpose of qualifying as a U.S. citizen, the U.S. is defined as the 50 states and the District of Columbia, Puerto Rico, Guam, and the Virgin Islands. Additionally, citizens of American Samoa, Swain’s Island and the Northern Mariana Islands who reside in the U.S. shall be considered to have met the citizenship eligibility requirements.

(§63-405, effective November 1, 1998)

232-1

REVISED 12/04

 

A noncitizen who is a lawful resident of the U.S. and meets any of the following requirements is eligible for participation in the federal food stamp program:

 

Section 63-405.11 qualified noncitizen and §63-405.12 Indefinite Eligibility OR

 

Section 63-405.2 Indefinite Eligibility

 

A "qualified noncitizen" is a person who is:

 

.111     Lawfully admitted to the U.S. for permanent residence under the Immigration and Nationality Act (INA),

 

.112     A refugee under §207 of the INA,

 

.113     An asylee under §208 of the INA,

 

.114     A noncitizen who had deportation withheld under §243(h) of the INA (before April 1, 1997) or under §241(b)(3) of the INA on or after April 1, 1997,

 

.115     A Cuban or Haitian entrant as defined in §501(e) of the Refugee Education Assistance Act of 1980.

 

.116     A conditional entrant under §203(a)(7) of the INA as in effect prior to April 1, 1980.

 

.117     A parolee under §212(d)(5) of the INA for at least one year

 

.118     A battered spouse and/or unmarried dependent child and/or child of a battered parent, per Handbook §63-405.5.

 

Indefinite Food Stamp Eligibility Criteria:

 

.121     A person who can be credited with 40 qualifying quarters of coverage, per §63-405.4.

 

.122     A veteran, his/her spouse, the unmarried dependent child of the veteran, or the unmarried surviving spouse of a veteran, per §63-405.3.

 

.123      A person under 18 years of age regardless of the date of entry into the U.S.

 

.124     A person who was lawfully residing in the U.S. on August 22, 1996 and who is disabled or blind but not receiving SSI.

 

.125     A person who was lawfully in the U.S. on August 22, 1996 and was 65 years or older at that time.

 

.126     A person who lawfully resided in the U.S. for five years beginning on the date of entry.

 

.2         The following noncitizens are eligible for food stamps for an indefinite period even if they are not qualified noncitizens specified in §63-405.11

 

Any individual who is lawfully residing in the United States, who was a member of a Hmong or Highland Laotian tribe at the time that the tribe rendered assistance to United States personnel [emphasis added] by taking part in a military or rescue operation during the Vietnam era (as defined in Title 38, United States Code (USC) §101); as well as the spouse or unmarried dependent children of such person, or the unremarried surviving spouse of such deceased person; or

 

Any member of an Indian tribe (as defined in §4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)) who is recognized as eligible for special programs and services provided to U.S. to Indians because of their status as Indians; or

 

An American Indian born in Canada to whom the provisions of §289 of the INA (8. U.S.C. 1359) apply.

 

(§63-405.1, .11, .12 and .2 effective October 1, 2003)

232-2A



Federal law (the Agricultural Research, Extension and Education and Reform Act of 1998, or AREERA) was signed into law on June 23, 1998.  It restored federal FS eligibility for certain noncitizens who were no longer FS eligible under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, or PRWORA.  PRWORA was modified by the FS Reauthorization Act of 2002.

 

Qualified citizens (as defined in §431 of PRWORA) who meet one of the following criteria may be eligible for the federal FS program effective November 1, 1998.

 

o          Blind or disabled noncitizens who were legally residing in the U.S. on August 22, 1996.  Effective October 1, 2002, the date of legal residence for these noncitizens is irrelevant.

 

o          Elderly (i.e., at least 65 years of age by August 22, 1996) noncitizens who were legally residing in the U.S. on August 22, 1996.

 

o          Children under 18 years of age who were legally residing in the U.S. on August 22, 1996.  Effective October 1, 2003, the date of legal residence is irrelevant.

 

o          Refugees, asylees, Cuban/Haitian entrants, persons whose deportation is withheld, and Amerasians, for seven years after entry into the U.S.

 

In addition, the following noncitizens are potentially eligible for federal FS benefits for an indefinite period of time, even if they are not qualified noncitizens.

 

o          Hmong or Highland Laotian tribal members who aided U.S. personnel during the Vietnam War if they are lawfully residing in the U.S., and their spouses, widows and unmarried dependent children.

 

o          Cross-border Native Americans.

 

Effective April 1, 2003, legal noncitizens who have been in the U.S. For five or more years are potentially eligible for federal FS.  (All-County Letter (ACL) No. 98-76, September 25, 1998, implementing Public Law (PL) 105-185, June 23, 1998; All-County Information Notice I-56-02, July 25, 2002, implementing the FS Reauthorization Act of 2002)

232-2B



Federal FS benefits are restored to three categories of legal non-citizens over a three-step phase-in process.

 

On October 1, 2002, Public Law (P.L.) 107-171 §4401 (a)(i) restores legal noncitizens who are disabled to federal benefits regardless of date of entry into the United States.

 

The definition of “disability” under The Food Stamp Reauthorization Act of 2002 is blind or disabled (as defined in paragraph (2) or (3) of §1614(a) of the Social Security Act (42 United States Code (USC) §1382c(a)). The Food and Nutrition Service (FNS) issued Administrative Notice 02-39 stating that this means “receives blind or disability benefits”. The FNS further states that the benefit program must use the same disability criteria as the Supplemental Security Income (SSI) program (See §§63-102e(1)(B) through (K). Note that CAPI meets this criteria.

 

The definition of disability for Legal non-citizens is more stringent than disability requirements for resource limits or exemptions from work registration requirements. §63-405.134 previously required a physician’s statement as verification of disability for qualified noncitizens. Although the regulations regarding noncitizens residing in the U.S. prior to August 22, 1996 have not changed, federal guidance regarding the restoration of noncitizens who arrived in the country on or after August 22, 1996 makes it clear that receipt of benefits is required rather than a physician’s statement.

 

The resource limit for households with a disabled member is raised from $2,000 to $3,000 to match that of households with an elderly member. The definition of disabled is different from that discussed in partial restoration of noncitizens.  (See §§63-102(e)(1)(B) through (K)).

 

(All-County Letter No. 02-67, September 3, 2002, implementing PL 107-171, §§4401(a)(i) and 4107)

232-2C



Federal law provides that:

 

Any individual who is lawfully residing in the United States, who was a member of a Hmong or Highland Laotian tribe at the time that the tribe rendered assistance to United States personnel [emphasis added] by taking part in a military or rescue operation during the Vietnam era (as defined in Title 38, United States Code (USC) §101); as well as the spouse or unmarried dependent children of such person, or the unmarried surviving spouse of such deceased person; meets alien residency requirements for participation in the FS Program.  (8 USC §1602(a)(2)(K), §402(a)(2) of the PRWORA of 1996; §63-405.211, February 1, 1999, to be effective November 1, 1998, per §63-031.2)

 

232-4



The legal resident alien can meet the 40 calendar quarters of qualifying employment by using his/her own quarters.  The alien may also combine his/her own quarters with the quarters of a spouse (for work performed during their marriage, as long as the spouses remain married to each other, or one spouse is deceased), or by combining the quarters from his/her own employment, the spouse's employment and the employment of a parent (for work performed while the alien was under the age of 18, including when the alien was unborn).  After January 1, 1997, quarters are not counted if the individual received any federal  [emphasis added] means-tested public benefits.  (§63-405.112(e), changed to §63-405.4, March 2, 2000)

 

The CDSS has issued detailed regulations describing how the rule, paraphrased above, should be implemented by the counties.  The counties are instructed to ask the following:

 

".411    How long has the applicant noncitizen, and if necessary, the applicant noncitizen's parents (up through the quarter the applicant turned 18, including credits earned before the child was born) and/or spouse (for work performed during their marriage and the noncitizen remains married to such spouse or such spouse is deceased) lived in the United States?  If the period of time is more than 10 years, it is not necessary to ask question B (Section 63-405.412).  Skip to question C (Section 63-405.413).  However, if the period of time is less than 10 years, question B (Section 63-405.412) shall be asked.

 

“.412    Did the applicant noncitizen, the applicant noncitizen’s parents (up through the quarter the applicant turned 18, including credits earned before the child was born) and/or spouse (for work performed during their marriage and the noncitizen remains married to such spouse or such spouse is deceased) ever perform work for a United States business or the U.S. government, while not residing in the United States?  If so, for how many calendar quarters or years?  If an applicant noncitizen neither lived in the U.S. at least 10 years, or worked for a United States business or the U.S. government while living in another country; or it the combination of years lived in the United States and worked for a United States business or the U.S. government while living in another country totals less than 10 years, then the applicant noncitizen shall be denied food stamps.  If the total is at least 10 years, then question C (Section 63-405.413) shall be asked.

 

“.413    In how many of the years reported in answer to question A (Section 63-405.411) did the applicant noncitizen, the applicant noncitizen’s parents (up through the quarter the applicant turned 18, including credits earned before the child was born) and/or spouse (for work performed during their marriage and the noncitizen remains married to such spouse or such spouse is deceased) earn money through work?  If the answer is at least 10 years, or if the answer combined with the answer to question B (Section 63-405.412) is at least 10 years, then the earnings of the noncitizen whose eligibility is in question shall be verified before eligibility is established, except as specified in Section 63-405.112(g)(2).  If the total is less than 10 years, then the applicant noncitizen shall be denied food stamps.”

 

(§63-405.4, effective March 2, 2000)

232-4A

REVISED 10/04

In determining whether legal immigrants who are not U.S. citizens have met the 40-qualifying quarter work history exception, the following policies apply:

 

1.         The term "quarter" means three calendar months ending with March 31, June 30, September 30, and December 31 of any year.

 

2.         For 1978 and later, "credits" are based solely on the total yearly amount of earnings.  "Credits" were formerly called "quarters of coverage".

 

A current year quarter may be used.  Use the current year amount to determine the number of quarters, but do not credit calendar quarters that have not ended.

 

3.         Prior to 1978, one credit was earned for each quarter in which an individual was paid $50 or more; four credits were earned for each year net earnings from self-employment were $400; one credit was earned for each $100 in agricultural wages paid in each year from 1955 through 1977, limited to four credits in any year.

 

(All-County Letter (ACL) No. 96-68, December 11, 1996, Attachment 1; ACL No. 97-78, December 15, 1997; ACL No. 98-91, December 3, 1998; Handbook §63-405.112(e)(2)(A), revised to Handbook §63-405.43)

232-4B



A legal noncitizen may be credited with a quarter of coverage, in order to meet the 40 credit requirement, even if Social Security taxes were not withheld from the individual's wages. However, satisfactory evidence of such earnings must be presented. Acceptable documentation includes the taxpayer's copy of the W-2 or W-2c forms, or a copy of the individual's federal or state income tax return (with attached W-2 or W-2c), or employer-prepared wage statements. (All-County Information Notice No. I-07-98, February 3, 1998)

232-4C



Legal resident, noncitizen applicants who are spouses can meet the 40 work quarter requirement by combining qualifying quarters. (All-County Information Notice No. I-62-96, December 9, 1996; §63-405.4 as revised February 1, 1999)

232-4D



For purposes of meeting the 40-credit requirement for legal aliens eligibility, a child (of any age) can use the quarters which are attributable to the child's parent prior to the time the child turned 18, including those earned prior to the child's birth. (All-County Information Notice No. I-57-97, September 10, 1997, §63-405.4, as revised February 1, 1999)

232-5



Cuban/Haitian entrants (as defined in §501(e) of the Refugee Education Assistance Act of 1980) and Amerasian immigrants (admitted pursuant to §584 of Public Law 202, as amended by Public Law 100-461), are eligible aliens for purposes of the FS program for seven (formerly five) years from the date of receiving such status. After the seven-year period has expired, these individuals must possess 40 credits of Social Security benefits, or veteran status, to be eligible for FS benefits. (Public Law (PL) 105-33, §§5302 and 5306; All-County Information Notice No. I-07-98, February 3, 1998, as amended by PL 105-185, June 23, 1998 and All-County Letter (ACL) No. 98-76, September 25, 1998; §63-405.124, .125, effective November 1, 1998, per §63-031.2, revised effective June 1, 2001)

232-6



Individuals who served in the Philippine Commonwealth Army during World War II, or as Philippine Scouts following that war, are considered "veterans" for purposes of §63-405.112(d) now §63-405.3. They are, therefore, potentially eligible for FS benefits as legal aliens who meet alien eligibility requirements. (Public Law 105-33; All-County Information Notice No. I-07-98, February 3, 1998; §63-405.3, effective November 1, 1998)

232-7A



The following noncitizens whether "qualified" or not, are potentially eligible for FS:

 

.21       A member of a Hmong or Highland Laotian tribe at the time the tribe rendered assistance to U.S. personnel by taking part in a military or rescue operation during the Vietnam era, and the spouse or unmarried dependent child or the unmarried surviving spouse of such deceased tribal member, as long as lawfully residing in the U.S.  Under Subsection .212(a), a child means the legally adopted or biological child of the above described Hmong or Highland Laotian.  An unmarried dependent "child" is under the age of 18, or a full-time student under the age of 22, or certain other children of deceased tribe members, or certain disabled children over age 18.  (Subsection .212(d))

 

.22       A member of an Indian tribe (under §4(e) of the Indian Self-Determination and Education Assistance Act), including Native Americans who are entitled to cross the border into Mexico or Canada; and an American Indian born in Canada to whom the provisions of §289 of the Immigration and Naturalization Act (8 United States Code §1359) apply.

 

(§63-405.2, issued February 1, 1999 to be effective November 1, 1998 per §63-031.2, and revised March 2, 2000, retroactive to November 1, 1998 per §63-032.3; definition of child and unmarried dependent child added effective June 1, 2001)

232-8



It is the CDSS position, based on federal instruction, that noncitizen children of naturalized citizens are ineligible for federal FS benefits until a certificate of naturalization is issued. It is also the CDSS position that such children, when under 18 or over 65 years of age, should be provided with FS benefits under the California Food Assistance Program. (All-County Information Notice No. I-07-98, February 3, 1998)

232-8A



Federal law provides that a child born outside of the United States of alien parents becomes a citizen of the United States upon the naturalization of both parents. (8 United States Code (USC) §1432(a)(1))

232-9



In determining the number of Social Security credits earned in a year (beginning in 1997) when the individual earning those credits also received federally [ emphasis added] means-tested benefits, add all the earned credits and then subtract credits during those quarters in which the means-tested benefits were received. Thus, as of calendar year 1998, if the individual earned $5000 in July 1997 (which equals four credits) and also received means-tested benefits in September 1997, the individual would be entitled to three (four minus one) credits. (All-County Information Notice No. I-07-98, February 3, 1998)

232-10



The Two Parent Family CalWORKs program and CFAP are state programs, are not considered "federally means tested", and thus any Social Security credits earned while in receipt of those benefits are counted in determining federal FS eligibility for purposes of meeting the 40-quarter qualifying employment standard for certain legal nonresidents. (§63-405.4; All-County Information Notice No. I-13-01, February 15, 2001)

232-11



It is not necessary, in all instances, to obtain a Consent for Release of Information form in order to access Quarters of Coverage Information from the Social Security Administration (SSA). The Balanced Budget Act, Public Law No. 105-33, provided authority for the SSA to release work information to another public agency without a signed consent form. (All-County Information Notice No. I-07-98, February 3, 1998)

233-1



The CDSS issued emergency FS regulations which provided as follows:

 

"A portion of the income and the resources of a sponsor and the sponsor's spouse if he or she has executed INS form I-864 or I-864A, shall be deemed to be the unearned income and resources of a sponsored noncitizen and shall be considered in determining the eligibility and/or benefit level of the household of which the sponsored noncitizen is a member.

 

".491    The sponsored noncitizen is subject to the sponsorship provisions until the sponsored noncitizen:

 

"(a)      achieves United States citizenship through naturalization; or

 

"(b)      has 40 qualifying quarters as specified in Section 63-405.4; or

 

"(c)      is no longer a noncitizen lawfully admitted for permanent residence and leaves the United States; or

 

"(d)      dies.

 

"(1)      The sponsor's support obligation also terminates when the sponsor dies."

 

(§63-503.49, effective June 1, 2001)

233-2



Some sponsored noncitizens (as defined in §63-102(s)(8)) are exempt from FS sponsorship provisions.  These are:

 

(a)        A noncitizen who is participating in the FS Program as a member of his/her sponsor's household or a noncitizen whose sponsor is participating separate and apart from the noncitizen.

 

(b)        A noncitizen who is sponsored by an organization or group.

 

(c)        A noncitizen who is not required to have a sponsor under the Immigration and Nationality Act.

 

(d)        An indigent noncitizen as determined to have income (as set forth in §§63-102(l)(11) and 63-503.492(d)) that does not exceed 130% of the poverty guideline for the household size..

 

(1)        For a 12-month period beginning on the date a noncitizen is determined to be indigent, only the actual amount of income or resources provided to the noncitizen by the sponsor shall be treated as income to the noncitizen.  This 12-month period is renewable.

 

(e)        Certain battered noncitizens, as specified in §63-405.5.

 

(§63-503.492, effective June 1, 2001, and revised effective March 1, 2002)

233-2A

REVISED 10/04

 

While the County Welfare Department (CWD) is awaiting receipt or verification from the alien of the information necessary to carry out the provisions of §63-503.49, the sponsored alien shall be ineligible to participate until all necessary facts are obtained. (§63-503.494(a), revised and renumbered effective February 21, 2002)

233-2B



Federal regulations exclude indigent aliens (called noncitizens in State regulations) from sponsored alien provisions in the FS program using the following criteria:

 

"An indigent alien that the State agency has determined is unable to obtain food and shelter taking into account the alien's own income plus any cash, food, housing, or other assistance provided by other individuals, including the sponsor(s).  For purposes of this paragraph (c)(3)(iv), the phrase 'is unable to obtain food and shelter' means that the sum of the eligible sponsored alien's household's own income, the cash contributions of the sponsor and others, and the value of any in-kind assistance the sponsor and others provide, does not exceed 130 percent of the poverty income guideline for the household's size.  The State agency must determine the amount of income and other assistance provided in the month of application.  If the alien is indigent, the only amount that the State agency must deem to such an alien will be the amount actually provided for a period beginning on the date of such determination and ending 12 months after such date.  Each indigence determination is renewable for additional 12-month periods."

 

(7 Code of Federal Regulations §273.4(c)(3)(iv), effective January 20, 2001, to be implemented by June 1, 2001)