404 Reporting Illegal Aliens

The county department may report unlawful presence only those non-citizens who have applied for food assistance benefits; not other household members, and not adults applying strictly for their children. In making this determination, guidance and clarification is stated in an Interagency Notice published in the Federal Register (65 FR 58301). It states, "A government entity "knows" that a non-citizen is not lawfully present in the United States only when the entity's finding or conclusion of unlawful presence is made as part of a formal determination by the entity, is subject to administrative review and is supported by a determination of the Department of Homeland Security (DHS) or the Executive Office for Immigration Review, such as a Final Order of Deportation." If the county department "knows" as explained in the Interagency Notice that a non-citizen is not lawfully present in the United States, then the county department must report to INS only the non-citizen who is present in the United States in violation of the IN A. Suspected unlawful presence of non-citizens must not be reported if the county department does not have verification of a formal determination of unlawful presence.[5]