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All County Letter No. 25-92 Page Three
OVERVIEW OF CHANGES TO CALFRESH NONCITIZEN ELIGIBILITY
H.R. 1 did not change the definition of “qualified immigrants” or any other provision of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996 (8 USC § 1611, et seq.) which at the time resulted in the loss of federal nutrition benefits for certain noncitizens. Rather, H.R. 1 amended Section 6(f) of the Food and Nutrition Act of 2008 (7 U.S.C. § 2015(f)) to narrow SNAP eligibility to individuals who reside in the United States (U.S.) and fall within one of the following categories:
• Citizens of the United States (U.S.) This category includes individuals who are: o U.S. born citizens o Born a U.S. territory: Guam, Puerto Rico, and U.S. Virgin Islands o Naturalized • Noncitizen U.S. Nationals This category includes individuals who are not citizens of the U.S. but owe permanent allegiance to the U.S. Nationals can enter the U.S. at any time without going through immigration procedure. Presently, the term “national” applies to: o People born in American Samoa and Swain’s Island after December 21, 1952; and o Residents of the Northern Mariana Islands who choose not to become U.S. citizens. • Lawful Permanent Residents (LPRs) This category includes any noncitizen who is living in the U.S. under legally recognized and lawfully recorded permanent residence as an immigrant. Also known as “permanent resident alien”, “resident alien permit holder”, and “Green Card holder”. • Individuals who reside in the U.S. in accordance with a Compact of Free Association (COFA) agreement. This category includes lawfully present citizens of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau; and • Cuban and Haitian Entrants (CHEs) This category includes: o An individual granted parole as a Cuban-Haitian Entrant (status pending) or any other special status under the immigration laws for nationals of Cuba or Haiti (according to 45 CFR 401.2),regardless of the status of the individual at the time assistance or services are provided; o A national of Cuba or Haiti who is not subject to a final, non-appealable and legally enforceable removal order, and: Was paroled into the United States and has not acquired any other status under the Immigration and Nationality Act (INA); or Is in removal proceedings under the Immigration and Nationality Act; or