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OKDHS Home > Library > Policy > OAC 340 > Chapter 50. Supplemental Nutrition Assistance Program > 5. Non-Financial Eligibility Criteria > 8.1. Ineligible and illegal aliens
340:50-5-8.1. Ineligible and illegal aliens
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Revised 6-1-11

 

     Aliens not identified as qualified aliens per  OAC 340:50-5-67(3) are not eligible for food benefits.  The worker considers the income of ineligible aliens as available to the household.  All aliens who are in the United States unlawfully, must be reported to the United States Citizenship and Immigration Services (USCIS).  • 1

INSTRUCTIONS TO STAFF 340:50-5-8.1

 

Revised 6-1-11

 

1.  Determinations of immigration status are the responsibility of the United States Citizenship and Immigration Services (USCIS).  The Family Support Services Division (FSSD) Supplemental Nutrition Assistance Program (SNAP) Section, per Section 11(e)(16) of the Food and Nutrition Act of 2008, reports to USCIS the names and addresses of food benefit applicants and/or recipients who are determined to be residing in the U.S. unlawfully.

(1) The worker is not required to report:

(A) applicants and/or recipients who are undocumented and appear to be residing in the U.S. unlawfully; or

(B) persons who are not applicants or recipients who are not required to declare their citizenship status.

(2) The worker reports to FSSD the names and addresses of applicants and/or recipients who:

(A) admit illegal aliens are present in the household AND present USCIS documentation that is determined to be forged; or

(B) present a formal order of deportation or removal.

(3) The eligibility of households that include undocumented aliens is determined in the same manner as households that do not have undocumented persons.

(4) The requirement to report applicants and/or recipients who are residing in the U.S. unlawfully is not used to discourage participation in SNAP.
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Last Updated:  10/19/2011
Oklahoma Department of Human Services
Street address: Sequoyah Memorial Office Building, 2400 N. Lincoln Blvd., Oklahoma City, OK 73105
Mailing address: P.O. Box 25352, Oklahoma City, OK 73125
(405) 521-3646
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