Programs may not impose different standards or procedures to determine who may receive benefits on the basis of race, color, national origin, disability, or age, or on the basis of sex in education programs. Employees may not require an African-American male to submit additional or different documents than what is asked of a white male to establish his legal status and eligibility for welfare benefits in the absence of evidence to warrant further inquiry. If a local welfare office accepts a particular INS Form to establish a white woman's eligibility for welfare benefits, the welfare office cannot require a Hispanic male applicant who submits the same form to provide additional proof of his legal status and eligibility for welfare benefits in the absence of evidence to warrant further inquiry. A provider of TANF assistance under a program requiring verification of qualified immigration status may not accept a self declaration of such status from applicants who appear to be of African origin, yet require all immigrants from Spanish speaking nations to submit INS documentation because of an assumption that these applicants are illegal aliens. A welfare provider's intake personnel may not report suspected illegal aliens to the INS on the basis of race, color, or national origin.
Independent evidence supporting such suspicions is necessary.
A county welfare office may not subject a Russian immigrant to alien verification requirements because of his national origin when the applicant is applying for benefits under a program that does not require such verification. Employees should not question the authenticity of documents submitted by applicants who are or appear to be Hispanic, in the absence of independent evidence to warrant such inquiry. All documents should be presumed to be authentic and legitimate, if they appear genuine on their face and relate to the individual. A welfare office may not refuse to provide translated written materials to applicants when a significant proportion are limited English proficient. Limited English proficient individuals are entitled to effective communication in a language and mode of communication understood by that individual.