3-001.03G Reporting Undocumented Aliens

475 NAC 3-001.03G

The worker must immediately inform the local CIS office whenever personnel responsible for the certification or recertification of households determine that an applicant or recipient is ineligible to receive food stamp benefits because the member is present in the United States in violation of the Immigration and Nationality Act. When a household member declines to provide documentation of his/her alien/citizenship status, that member should be considered as an ineligible alien. In these cases, the worker must not continue efforts to obtain that documentation.

An alien is known to be "illegal" only when the unlawful presence in the United States is a finding of fact or conclusion of law that is made by the entity as part of a formal determination subject to administrative review. In addition, that finding or conclusion of unlawful presence must be supported by a determination by the Service or the Executive Office of Immigration Review, such as the Final Order of Deportation. A SAVE response showing no record on an individual or an immigration status making the individual ineligible for food stamps is not a finding of fact or conclusion of law that the individual is not lawfully present. Failure of the household to provide information regarding immigration or citizenship status is also not a finding of fact and would not be reported to CIS.

{9/4/02}