2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 58 - ELIGIBILITY VERIFICATION FOR ENTITLEMENTS ACT (§§ 4-58-101 — 4-58-110) › Section 4-58-103 - Verification of citizenship of applicants for benefits

(a)
(1)
Except where prohibited by federal law, every state governmental entity and local health department shall verify, in the manner provided in this chapter, that each applicant who is eighteen (18) years of age or older and applies for a federal, state, or local public benefit from the state governmental entity or local health department, is a United States citizen or lawfully present in the United States pursuant to the federal Immigration and Nationality Act (
8 U.S.C. § 1101
et seq.).
(2)
To satisfy the citizenship or lawful presence requirement of subdivision (a)(1), an applicant for a professional license or certificate that is issued pursuant to:
(i)
Title 63, chapter 6 or 9, for practice as a physician, may show that the applicant has applied for a valid visa that would authorize the applicant to work in the United States under federal law; or
(ii)
Title 57 may show that the applicant has a valid J-1 or F-1 student visa, as verified by the alcoholic beverage commission.
(b)
(1)
As provided in subdivision (b)(2), every state governmental entity or local health department shall include on all forms, electronic or otherwise, and all automated phone systems, a written or verbal statement:
(A)
Requiring an applicant for a federal, state or local public benefit to, under penalty of perjury, attest to the applicant's status as either:
(i)
A United States citizen; or
(ii)
A qualified alien; and
(B)
Describing the penalties for violations of this chapter.
(2)
Subdivision (b)(1) shall be implemented upon the entity's or local health department's first reprinting of applicable forms or updating of the electronic or automated phone systems, described in subdivision (b)(1), after October 1, 2012.
(c)
For an applicant who claims United States citizenship, the entity or local health department shall make every reasonable effort to ascertain verification of the applicant's citizenship, which may include requesting the applicant to present any one (1) of the following:
(1)
(A)
A valid Tennessee driver license or photo identification license issued by the department of safety; or
(B)
A valid driver license or photo identification license from another state where the issuance requirements are at least as strict as those in Tennessee, as determined by the department of safety;
(2)
An official birth certificate issued by a state, jurisdiction or territory of the United States, including Puerto Rico, United States Virgin Islands, Northern Mariana Islands, American Samoa, Swains Island, Guam; provided, that Puerto Rican birth certificates issued before July 1, 2010, shall not be recognized under this subdivision (c)(2);
(3)
A United States government-issued certified birth certificate;
(4)
A valid, unexpired United States passport;
(5)
A United States certificate of birth abroad (DS-1350 or FS-545);
(6)
A report of birth abroad of a citizen of the United States (FS-240);
(7)
A certificate of citizenship (N560 or N561);
(8)
A certificate of naturalization (N550, N570 or N578);
(9)
A United States citizen identification card (I-197, I-179);
(10)
Any successor document of subdivisions (c)(4)-(9); or
(11)
A social security number that the entity or local health department may verify with the social security administration in accordance with federal law.
(d)
(1)
For an applicant who claims qualified alien status, the applicant shall present two (2) forms of documentation of identity and immigration status, as determined by the United States department of homeland security to be acceptable for verification through the SAVE program; provided, that no entity or local health department is required to verify such applicant's documents through the SAVE program if two (2) such documents are presented unless otherwise required by federal law.
(2)
If an applicant who claims eligibility as a qualified alien is unable to present two (2) forms of documentation as described in subdivision (d)(1), then the applicant shall present at least one (1) such document that the entity or local health department shall then verify through the SAVE program or the SEVIS system.
(e)
Each state governmental entity or local health department shall maintain a copy of all documentation submitted by an applicant for verification in a manner consistent with the entity's or local health department's rules, regulations or policies governing storage or preservation of such documentation.
(f)
(1)
Any document submitted pursuant to subsections (c) or (d) shall be presumed to be proof of an individual's eligibility under this chapter until a final verification is received by the state governmental entity or local health department, and no entity or local health department shall delay the distribution of any federal, state or local benefit based solely on the pendency of final verification.
(2)
Upon receipt of a final verification that indicates that the applicant is not a United States citizen or qualified alien, the state governmental entity or local health department shall terminate any recurring benefit, and shall pursue any action applicable against the applicant pursuant to §
4-58-104
or §
4-58-105
.
(g)
The verification process required by this section shall be enforced without regard to race, religion, gender, ethnicity or national origin.
Amended by 2024 Tenn. Acts, ch. 921,s 1, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 281, s 1, eff. 4/28/2023.
Amended by 2022 Tenn. Acts, ch. 911, s 1, eff. 7/1/2022.
Amended by 2013 Tenn. Acts, ch. 120, Secs.s 2, s 3eff. 7/1/2013.
Acts 2012, ch. 1061, § 1.