Current through Register Vol. 56, No. 18, September 16, 2024
(a) The
following aliens are not eligible to participate in the NJ SNAP program:
1. Visitors, tourists, students and
diplomats;
2. Aliens residing under
Color of Law.
i. "Color of law" means aliens
that are in the United States prior to January 1, 1972, under statutory
authority and those allowed to remain in the United States by administrative
discretion;
3.
Undocumented aliens. Undocumented aliens are persons who either:
i. Entered the United States without
inspection at the border; or
ii.
Were lawfully admitted but have lost their status;
4. Aliens who have applied for eligible
status, but who have not yet been approved; and
5. Aliens whose status is questionable or
unverified.
(b) The CWA
shall report to the United States Citizenship and Immigration Services (USCIS)
a household member who has applied and who is ineligible to receive NJ SNAP
benefits, when that person is known to be in violation of the Immigration and
Naturalization Act,
8
U.S.C. §
1101 et seq. The reporting
containing the name, address, and other identifying information shall be
submitted no later than the 45th day of the calendar quarter after which it was
discovered. As there are four calendar quarters in a given year, that is, March
31, June 30, September 30, and December 31, the identifying information shall
be submitted by April 15, August 14, November 14 or February 14, respectively.
The information shall be reported to: Director, Policy Directives and
Instructions Branch, United States Citizenship and Immigration Services, 425 I
Street NW-Room 4034, Washington, DC 20536 (USCIS No. 2070-00).
1. Illegal aliens who must be reported are
only those applicants who the CWA knows are in violation of residency
requirements, based on a finding of fact or as a conclusion of the law, which
is supported by an official determination of the USCIS. The status of known
illegal aliens may also be officially determined based on a review by the
Executive Office of the USCIS, and supported by a Final Order of Deportation.
Only the United States Department of Justice can make a determination of an
alien's legal status. No other agency is so charged. The requirement to report
a known illegal immigrant is not applicable to anyone who is not part of the
household or is not applying for assistance. Applicants may be informed that
the CWA is required to report illegal aliens to the USCIS in cases where the
USCIS has made the determination that the alien is in the country
illegally.
2. When a person
indicates inability or unwillingness to provide documentation of alien status,
the CWA shall classify that person as an ineligible alien. In such cases the
CWA agency shall not continue efforts to obtain that documentation and shall
not report that individual to the USCIS.
