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    "ocrText": "PPI Intern1 - feb29fsregs_immig.doc\nPage 21\nprovide means-tested public benefits (including food stamps) to an immigrant to\nseek repayment from that immigrant's sponsor if the sponsor signed a Form I-\n864 Affidavit of Support. However, the government agency that provided the\nbenefits is not required to compel repayment and may decide to forego\naltogether any attempt to compel the sponsor to reimburse the agency. 23 The\nproposed rules do not contain any guidance on implementing this provision.\nAt a minimum, the rules should clarify that the agency may not seek\nreimbursement for food stamp benefits provided to a sponsored immigrant from\na sponsor who resides in the same household as the immigrant. This would be\nconsistent with a provision already in the proposed rules that exempts these\nhouseholds from sponsor deeming (proposed 7 C.F.R. § 273.4(c)(3)(i)). Since\nfood stamps are provided with federal funds, the rule should also specify that\nany collections from sponsors must be returned to the federal government.\n1 65 Fed. Reg. 10856 (February 29, 2000),\nhttp://www.fns.usda.gov/fsp/regulations/noncitizen.pdf.\n2\nUnited States Department of Agriculture, Food and Nutrition Service, Office of\nAnalysis, Nutrition, and Evaluation, Who is Leaving the Food Stamp Program? An\nAnalysis of Caseload Changes from 1994 to 1997, March 1999.\n3\nAccording to USDA estimates, approximately 790,000 immigrants had lost eligibility\nfor food stamps by 1998. For these immigrants, the average benefit loss was $75 a\nmonth. The Agricultural Research, Extension, and Education Reform Act, enacted on\nNovember 1, 1998, restored benefits to an estimated 210,000 legal immigrants.\n4\nScott Cody, The Effect of Welfare Reform on Legal Permanent Resident Alien Food\nStamp Recipients, Mathematica Policy Research, Inc. (Draft: October 1998).\nApproximately 1.9 million immigrants received food stamps in fiscal year 1996 prior to\nimplementation of the PRWORA changes.\n5\nImmigrants in any of these categories, except for members of Hmong/Highland Lao\ntribes and cross-border Native Americans, must also be \"qualified aliens\" to be eligible\nfor food stamps. \"Qualified aliens\" include: legal permanent residents, asylees,\nrefugees, immigrants paroled into the United States for more than one year, immigrants\nwhose deportation is being withheld, Cuban/Haitian entrants, and certain battered\nspouses and children.\n6\n\"Deeming\" refers to the process by which some portion of a sponsor's income and\nresources are counted in determining a sponsored immigrant's eligibility and benefits.\nUnder deeming in most public assistance programs, some portion of a sponsor's\nincome and resources is typically counted regardless of their actual availability to the\nimmigrant.\n7 The welfare law includes exceptions to deeming for \"indigent\" immigrants and certain\nbattered spouses and children. For indigent immigrants, deeming is limited to the\n21"
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