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FOOD AND NUTRITION SERVICES CERTIFICATION ELIGIBILITY REQUIREMENTS FNS 227 NON-CITIZEN REQUIREMENTS

36 Section 227 Change #1-2026 February 1, 2026 noncitizen may participate up to six months based on their statement of earnings for 40 quarters. 227.10 REPORTING REQUIREMENTS This section describes the requirements for reporting certain information to U.S. Citizenship and Immigration Services (USCIS) and the confidentiality protections that apply to applicant and participant information. A. What Must Be Reported to USCIS 1. State agencies are required to notify USCIS when: • The agency determines that a household member is ineligible to receive SNAP benefits because that member is not lawfully present in the United States; • The State agency determines a non-citizen is indigent and therefore exempt from sponsor deeming; or • The State agency obtains a final civil judgment against the sponsor. 2. Declining to provide documentation of immigration status is NOT a valid reason for referral. The applicant who declines to present documentation of immigration status will not receive benefits and therefore there is no reason to seek further verification of their non-citizen status. See 7 CFR 273.4(b)(2). • USDA guidance has affirmed that State agencies may report for unlawful presence only those non-citizens who have applied for SNAP benefits – not other household members, and not adults applying strictly for their children. 3. Specific Guidance for Compliance with Reporting Requirements. On September 28, 2000, an Interagency Notice was published in the Federal Register (65 FR 58301) that provided guidance for compliance with Section 404 of PRWORA. The Interagency Notice clarified that a government entity “knows” that a non-citizen is not lawfully present in the U.S. 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 DHS or the Executive Office for Immigration Review, such as a Final Order of Deportation. See 7 CFR 273.4(b)(1). 4. Protecting Civil Rights. Conforming to the Interagency Notice allows State agencies to comply with Federal law while protecting the individual civil and privacy rights of the SNAP applicant, while also ensuring that USDA policies are consistently applied throughout the United States.