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

37 Section 227 Change #1-2026 February 1, 2026 In reporting unlawful presence under Section 11(e)(15) of the Food and Nutrition Act of 2008, as amended, State agencies must also adhere to the Civil Rights compliance provisions of Section 11(c) of the Act. Reporting unlawful presence should never give rise to discrimination. Four major civil rights laws (the Age Discrimination Act of 1975, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, and Title VI of the Civil Rights Act of 1964) apply to all aspects of SNAP. SNAP is subject to these laws. Under no circumstances may a SNAP household member be reported as being unlawfully present based on race or national origin or on a suspicion that the member is present in the U.S. in an undocumented status because of the individual’s appearance or because the individual speaks limited English or is proficient in another language. B. Reporting Procedures Local Department of Social Services (DSS) offices must make a report to the Division of Child and Family Well-Being (DCFW) if it determines that there are non-citizens who are illegally present in the United States, only in the situation described above where the DSS office has received specific evidence from EOIR such as a Final Order of Deportation. It is only necessary to send a report to the office when non-citizens who are not legally present in the United States are identified in this manner. Such reports will be made by the director or designee of the county DSS. Upon receipt and review, the Deputy Director of Nutrition of NCDHHS DCFW will forward the relevant and policy-compliant reports to the USCIS. If a report is necessary, it must include the person’s name, address, the reason for the referral and any other identifying information, including supporting documentation, and be sent to: NC Department of Health and Human Services Division of Child and Family Well-Being 2416 Mail Service Center Raleigh, NC 27699-2416 ATTN: Deputy Director of Nutrition, Brian P. Hogan C. Confidentiality of Citizenship/Non-citizen Status All rules of confidentiality must be applied in regard to citizenship/noncitizen status. It is a breach of confidentiality to discuss the citizenship/noncitizen status of an individual with employers, landlords, etc.