Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 301 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) RULES › FS-1 and FS-100's › 100 - INTRODUCTION; GENERAL PROGRAM REQUIREMENTS/NONFINANCIAL ELIGIBILITY FACTORS › Section 144-301-100-FS 111-2 - Resolving Questionable Citizenship Status and Verifying Alien Status

Current through 2024-29, July 17, 2024
GENERAL RULE
- Only U.S. citizens and
						certain aliens are eligible for benefits. The presence of an ineligible alien
						or individual with unverified status does not prohibit the remaining members of
						a household from being certified.
REPORTING ILLEGAL ALIENS
If the Department has verifiable knowledge that an alien
						applicant or household member is in the United States illegally, this must be
						reported to the Immigration and Naturalization Service. Verifiable knowledge
						would mean that the deportation notice has been seen.
Field staff are to report to Central Office any
						information concerning verifiable knowledge of an illegal alien. Central Office
						is responsible for reporting such situations to INS.
Note: Alien status must be verified.
RESOLVING QUESTIONS ABOUT CITIZENSHIP STATUS -
For the purpose of citizenship, the U.S. is defined
						as:
The fifty states and District of Columbia, Puerto Rico,
						Guam, Virgin Islands, and the Northern Mariana Islands. In addition, nationals
						from American Samoa or Swain's Islands are regarded as U.S. citizens.
Children born outside the U.S. are considered citizens if
						both parents are citizens.
North American Indians who are not U.S. citizens, who
						enter the U.S. from Canada, must provide verification of Indian status and
						Canadian citizen status. Verify each family member's status.
As a condition of eligibility, an adult representative of
						each household shall certify in writing, under penalty of perjury that all
						members of the household are either citizens or are aliens eligible to receive
						Food Supplement benefits.
If the household cannot obtain the necessary forms of
						verification and the household can provide a reasonable explanation as to why
						verification is not available, the state agency must accept, under penalty of
						perjury, from a third party indicating a reasonable basis for personal
						knowledge that the member in question is a U.S. Citizen or Non-Citizen National
						(persons, and their offspring, born on American Samoan or Swain's Islands). The
						signed statement must contain a warning of the penalties for helping someone
						commit fraud. This attestation does
not
apply to alien
						status.
Absent verification or third party attestation of U. S.
						citizenship or non-citizen national status, the member whose status is not
						determined is ineligible to participate until the issue is resolved. The
						remaining members of the household may still be eligible.
CITIZENSHIP STATUS AND PROGRAM
						ELIGIBILITY
Non-citizens who are in the United States temporarily,
						including visitors, tourists, diplomats, students and undocumented immigrants
						are not eligible for Food Supplement benefits.
STATE-FUNDED PROGRAM FOR SOME LEGAL
						NON-CITIZENS***:
PLEASE NOTE: ***the "State-funding" column of the
						table within refers back to this section.
For purposes of this section, the following definitions
						apply:
1.
Non-Citizen:
					 Note:
There are many terms that describe non-citizens. However, no one
					 term describes all of those who may be eligible for the Food Supplement Program
					 (FSP). Accordingly, this rule uses the term "non-citizen" throughout to
					 describe any individual present in the United States who is not a U.S. citizen,
					 and is a qualified alien (as per USDA Non-Citizen Eligibility Guidance - see
					 definition below) who either does or does not meet the criteria for
					 Federally-funded FSP (i.e. has or has not been in the U.S. for 5 years). In
					 addition to qualified aliens, the term non-citizen will include asylum seekers
					 (including their children under 18 years old, if any). Specifically, see table
					 below.
2.
Non-Citizens: Who
					 Qualifies for FSP?
For purposes of the Federally-funded and
						State-funded FSP:
a)
Qualified Alien
(as per USDA Non-Citizen Eligibility Guidance) "is
					 a non-citizen who has one of the following immigration statuses: 
					 
													Lawfully Admitted for Permanent
						  Residence
													 Asylees
													 Parolees
													 Deportation Withheld
													 Conditional Entrants
													 Cuban or Haitian Entrants
													 Battered Non-Citizens
													 Refugees
													 Trafficking Victims
													 Iraqi and Afghan Special Immigrants"
Please see table, below, for further verification
						information.
For the State-funded FSP only:
a)
Asylum Seeker (AS)
					 (defined as per U.S. Citizenship and Immigration Services, USCIS):
A
					 non-citizen who has arrived in the United States seeking protection because
					 they have suffered persecution or fear that they will suffer persecution due
					 to: 
					 
													Race
													Religion
													Nationality
													Membership in a particular social group
													Political opinion
The AS will file a form I 589, "Application for Asylum
						and for Withholding of Removal" with the appropriate USCIS center.
Verification
: The AS will receive an I 797
						receipt and approval notice from USCIS to confirm receipt of the asylum
						application. The AS will also receive a notice for an interview.