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103.4 EXCHANGE OF INFORMATION WITH LAW ENFORCEMENT AGENCIES

A. The agency must provide the address of a current or former recipient when requested to do so by a Federal, State, or local law enforcement officer who furnishes the name of the recipient: *

1. who is fleeing to avoid prosecution, or custody, or confinement for a felony, or who is in violation of a condition of Federal, State or local probation or parole; or

2. who has information that is necessary for the officer in the conduct of official duties; and

3. when locating or apprehending the recipient is within the officer's official duties.

B. The record must be documented carefully regarding the release of the address. Documentation must include:

1. the name, badge number and law enforcement affiliation of the officer; and

2. a written request for the address. The form "Request for the Address of a TANF Recipient" (032-03-0560) located in the forms drawer may be used for this purpose.

103.5 RELEASE OF INFORMATION REGARDING PAST RECEIPT OF BENEFITS BY ALIENS* - Section 212(a)(4) of the Immigration and Nationality Act allows the denial of entry into the U.S. of any alien determined likely to become a public charge. If the U.S. Citizenship and Immigration Services (USCIS), the Department of State, or an immigration judge requests information regarding past receipt of AFDC or TANF benefits for the purpose of evaluating public charge risk, the local agency must deny the request unless the agency has the written consent of the alien.

103.6 RELEASE OF INFORMATION TO THE U.S.CITIZENSHIP AND IMMIGRATION SERVICES (USCIS) REGARDING ILLEGAL ALIENS** - If a representative of the USCIS requests information regarding an individual who the local agency knows is unlawfully in the U.S., the local agency must furnish the USCIS with identifying information. This information is limited to the name, address, and Social Security Number of the individual. This information will be reported to USCIS by a local department of social services only upon request by a USCIS representative.

For the local agency to know an individual is unlawfully in the U.S., the individual must have presented as part of the application or renewal process a Final Order of Deportation issued by USCIS or the Executive Office of Immigration Review. For purposes of informing USCIS of an illegal alien, only a Final Order of Deportation is sufficient proof of illegal status.

* 45 CFR 205.50(a)(1)(v) ** Public Law 104-193, Section 404

TANF Transmittal 65