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PPI Intern1 feb29fsregs_immig.doc
Page 18
Section 11(e)(2)(B)(iv) of the Food Stamp Act (7 U.S.C. § 2020(e)(2)(B)(iv))
clearly allows states to require only the name, address, and signature of an
applicant in order to file a form. The proposed regulation effectively would
require the applicant also to answer immigration questions before filing its forms.
These are likely to be among the most complicated and sensitive questions on
the form. Although the SAVE statute requires these questions to be answered
for any household member before he or she may receive benefits, it should not
be required to start the application process. Many other questions (involving
income, resources, age, disability, etc.) must be answered prior to the
authorization of benefits. But only name, address, and a signature (attesting to
the accuracy of the name and address supplied) should be required to start the
process.
In addition, the final regulations should require that the application form make
clear that this attestation applies only to those members of the household that
are applying for food stamps, not to members the household identifies as
ineligible immigrants or to other non-applicants. Households commonly will
contain legal permanent resident (LPR) parents who are ineligible under
PRWORA, older LPR children whose eligibility was restored in 1998, and
younger children who are U.S. citizens because they were born in the U.S. The
parents could not sign the statement required by the proposed rules because
they are not eligible immigrants.
18
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"ocrText": "PPI Intern1 feb29fsregs_immig.doc\nPage 18\nSection 11(e)(2)(B)(iv) of the Food Stamp Act (7 U.S.C. § 2020(e)(2)(B)(iv))\nclearly allows states to require only the name, address, and signature of an\napplicant in order to file a form. The proposed regulation effectively would\nrequire the applicant also to answer immigration questions before filing its forms.\nThese are likely to be among the most complicated and sensitive questions on\nthe form. Although the SAVE statute requires these questions to be answered\nfor any household member before he or she may receive benefits, it should not\nbe required to start the application process. Many other questions (involving\nincome, resources, age, disability, etc.) must be answered prior to the\nauthorization of benefits. But only name, address, and a signature (attesting to\nthe accuracy of the name and address supplied) should be required to start the\nprocess.\nIn addition, the final regulations should require that the application form make\nclear that this attestation applies only to those members of the household that\nare applying for food stamps, not to members the household identifies as\nineligible immigrants or to other non-applicants. Households commonly will\ncontain legal permanent resident (LPR) parents who are ineligible under\nPRWORA, older LPR children whose eligibility was restored in 1998, and\nyounger children who are U.S. citizens because they were born in the U.S. The\nparents could not sign the statement required by the proposed rules because\nthey are not eligible immigrants.\n18"
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