Page 25
DEPARTMENT OF HUMAN SERVICES FAMILY INVESTMENT ADMINISTRATION SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) MANUAL CITIZENSHIP AND IMMIGRATION STATUS Section 120 Page 25
120.16 Ineligible Immigrants A. All other immigrants are ineligible for SNAP. Ineligible immigrant populations include, but are not limited to: a. Visitors, tourists, students, and diplomats; b. Refugees, Asylees, and Parolees (unless they are an LPR); c. Those admitted under color of law; i. "Admitted under color of law" refers to individuals, often government officials, who have been permitted to reside in the United States indefinitely under a specific immigration status, such as deferred action or voluntary departure. d. Immigrants who have applied for eligible status, but who have not been approved; and e. Immigrants who have a questionable or unverified status. B. An immigrant can apply on behalf of other people in the household. Under federal law, you may only verify the immigration status of the people who will actually receive benefits. 120.17 Federal Requirements to Report Individuals with Deportation Orders A. Federal regulations (CFR 273.4(b)(1)), require the agency to inform the local USCIS office immediately whenever a case worker determines that any member of a household is ineligible to receive SNAP benefits because the member is present in the U.S. in violation of the INA. B. Section 1631(e)(9) of the Social Security Act (42 U.S.C. § 1383(e)(9)) stipulates that the names, addresses, and other identifying information of any individual who is known to be unlawfully in the U.S. must be reported at least four (4) times per year. C. The Interagency Notice (Responsibility of Certain Entities to Notify the Immigration and Naturalization Service of any Alien who the Entity “Knows” is not Lawfully Present in the United States, 65 Fed. Reg. 58301 (September 28, 2000) details under what circumstances an agency is considered to “know” that an individual is here in violation of the INA. “Knowing” that an individual is unlawfully present in the U.S. means REVISED JANUARY 2026