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COMBINED MANUAL

ISSUE DATE 12/2014

PROTOCOLS FOR REPORTING UNDOCUMENTED PEOPLE

0011.03.27.03

MFIP, DWP: Use the following protocols developed by the Department of Human Services (DHS) regarding the release of data to the U.S. Citizenship and Immigration Services (USCIS). These protocols were developed to define the respective responsibilities for DHS and county agencies for gathering information about such non-citizens and sharing information with USCIS.

County agencies must report to DHS, information on any person known to be unlawfully present in the United States. This means you will know that a non-citizen is not lawfully present in the United States ONLY when the unlawful presence is a finding of fact or conclusion of law that is made as part of a formal determination, subject to administrative review, on a non-citizen’s claim for benefits under this program. That finding of unlawful presence must be supported by a determination by USCIS or the Executive Office of Immigration Review, such as a Final Order of Deportation. Do not consider a non-citizen to be known to be unlawfully present in the United States under any other circumstances. A Systematic Alien Verification (SAVE) response showing no service record on a person or an immigration status making the person ineligible for benefits is NOT a finding of fact or conclusion of law that the person is not lawfully present. Do not assume a non-citizen is unlawfully present in the United States if the unit indicates that a unit member is here unlawfully without USCIS verification.

DO NOT contact USCIS to verify immigration status unless you have determined that the applicant meets all other program requirements, and the client would be eligible for benefits if the immigration status requirement is met. Client cooperation or authorization is not required for contacting USCIS in the context of SAVE verification. See 0010.18.11.03 (Systematic Alien Verification (SAVE)). In all other situations, the client must provide a written authorization to contact USCIS. See 0010.18 (Mandatory Verifications), 0010.18.01 (Mandatory Verifications - Cash Assistance), 0011.03.27 (Undocumented and Non- Immigrant People).

When you receive verification from USCIS that a non-citizen is known to be here unlawfully, submit the following information to DHS:

● Complete name.

● Address.

● Case number.

● A copy of the USCIS verification of any person whom the USCIS has verified is here unlawfully. If the verification is a SAVE response indicating the person is subject to a Final Deportation Order or has a similar status, submit a screen print of the response.

Submit this information to:

DHS Civil Rights Coordinator Minnesota Department of Human Services 444 Lafayette Road St. Paul, Minnesota 55155-3812

Also see 0010.18 (Mandatory Verifications), 0010.18.01 (Mandatory Verifications - Cash Assistance), 0010.18.15 (Verifying Lawful Permanent Residence), 0011.03.12 (Non-Citizens - Lawful Permanent Residents), 0011.03.17 (Non-Citizens - Public Charge), 0011.03.27 (Undocumented and Non-Immigrant People).

SNAP: Follow MFIP, DWP. In addition, see 0010.18.02 (Mandatory Verifications - SNAP).

MSA, GA, GRH: No provisions.