Citizens of the United States are potentially eligible for
participation in SNAP, provided they meet other eligibility requirements. Most
non-citizens must be in a qualified non-citizen status and meet one (1)
additional condition to be eligible for participation in the Program. Some
classes of non-citizens are eligible for participation without having to meet
an additional condition.
A. Citizens
and Non-Citizen Nationals
1. The following
individuals are considered United States citizens:
a. A person born in the United States or in
the District of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands or the
Mariana Islands;
b. A person who
has become a citizen through the naturalization process;
c. A person born outside of the United States
to at least one (1) U.S. citizen parent; and
d. A child under eighteen (18) years of age
adopted or born outside the U.S. with a parent who is a U. S. citizen, who has
been admitted as a lawful permanent resident, and is in the legal and physical
custody of a parent who is a U.S. citizen.
2. Although not considered U.S. citizens,
non-citizen nationals have the same potential eligibility for SNAP as U.S.
citizens. Non-citizen nationals are those individuals born in an outlying
possession of the United States (either American Samoa or Swain's Island) on or
after the date the U.S. acquired the possession, or a person whose parents are
U.S. non-citizen nationals.
B. Non-Citizens
Qualified non-citizens and certain groups of non-citizens who
are not qualified are eligible for participation under certain
conditions.
Some qualified non-citizens must also meet an additional
condition, as outlined in Section 4.305, B, 3, to be eligible for
participation. Each of the following categories of qualified non-citizens
stands alone for the purposes of determining eligibility. If eligibility
expires under one (1) eligible category, the local office shall determine if
eligibility exists under another category.
1. Qualified Non-Citizen Status
The following classes of non-citizens, based on the
immigration status of an individual, are defined as a qualified non-citizen.
The non-citizen shall be qualified as listed below at the time the non-citizen
applies for, receives, or attempts to receive SNAP benefits.
A non-citizen under the age of eighteen (18) that is in a
qualified alien status, as outlined in paragraphs A and B of this subsection,
shall be eligible for participation in the program without having to meet an
additional requirement. Once the non-citizen turns eighteen (18), the
eligibility of the non-citizen shall be reviewed.
a. A non-citizen in one (1) of the following
qualified non-citizen statuses is not required to meet an additional condition
to be eligible for participation in the Program and is eligible for
participation indefinitely from the date the non-citizen obtains qualified
non-citizen status or enters the U.S. in a qualifying status.
1) A refugee who is admitted to the United
States under 8 U.S.C.
1157.
2) Victims of trafficking, under the
Trafficking Victims Protection Act of 2000, as amended, certified by the U.S.
Department of Health and Human Services Office of Refugee Resettlement (ORR).
This person shall have a certification letter.
a) ORR issues a letter of eligibility for
adults and children under the age of eighteen (18). A trafficked minor shall
have either an interim assistance letter or an eligibility letter from ORR to
be eligible for SNAP. The local office shall accept these letters in place of
Department of Homeland Security documentation.
b) Certification letters and eligibility
letters do not expire; however, interim assistance letters that are provided to
children are valid for ninety (90) calendar days from the effective date of the
letter. ORR may extend the interim eligibility an additional thirty (30)
calendar days. Children with an interim assistance letter can only receive SNAP
benefits until the expiration of the period established in the interim
letter.
c) The local office can
verify the status of these individuals through SAVE.
3) Asylees granted asylum under Section 208
of the INA, which is codified throughout Title 8 of the United States Code. The
U.S. Code does not include any later amendments to or editions of the
incorporated material. Copies of the federal laws are available for inspection
as defined in 4.000.
4) A
non-citizen whose deportation is being withheld under
8 U.S.C.
1224(H) as in effect prior
to April 1, 1997, or whose removal is withheld under
8 U.S.C.
1231(B)(3).
5) Retroactive to August 22, 1996, Cuban or
Haitian entrants under 8
U.S.C.
1522(E).
6) Retroactive to August 22, 1996, Amerasians
under 8 U.S.C
1612..
7) Iraqi and Afghan Special Immigrants (SIV)
Special immigrant status under
8 U.S.C.
1101(A)(27) may be granted
to Iraqi and Afghan nationals who have worked on behalf of the U.S. Government
in Iraq or Afghanistan. The Department of Defense Appropriations Act of 2010
(DODAA), P.L.
111-118,
Section
8120enacted on December 19, 2009 provides
that SIVs are eligible for all benefits to the same extent and the same period
as refugees.
b.
Non-citizens in one (1) of the following qualified non-citizen statuses are
required to meet an additional condition (see Section 4.305, B, 3) to be
eligible for participation in the Program.
1)
Lawfully Admitted for Permanent Residence (LPRs) under the Immigration and
Nationality Act (INA). LPRs are holders of Green Cards. If a non-citizen is in
a qualified non-citizen status as outlined in paragraph a. of this section and
later adjusts to LPR status, the non-citizen does not have to meet an
additional condition to be eligible for participation and shall remain eligible
based on the previous qualified status.
2) Paroled into the United States under
8 U.S.C.
1182(d)(5) for at least one
(1) year.
3) Granted conditional
entry pursuant to 8 U.S.C.
1153(a)(7) as in effect
before April 1, 1980.
4) A
non-citizen who has been battered or subjected to extreme cruelty in the U.S.
by a family member with whom the non-citizen resides, such as by a spouse, a
parent, or a member of the spouse or parent's family. This qualified alien
status also extends to a non-citizen whose child has been battered or subjected
to battery or cruelty or to a non-citizen child whose parent has been battered.
To establish eligibility, the local office shall determine
that the non-citizen has satisfied three (3) requirements. Spouses and children
who have applied for or have been granted protection under the Violence Against
Women Act will meet these requirements.
a) The battered non-citizen(s) shall show
that he/he has an approved or pending petition which makes a prima facie case
for immigration status in one (1) of the following categories:
i) United States Citizenship and Immigration
Services (USCIS) Form I-130, last modified July 20, 2021, petition for alien
relative, filed by their spouse or the child's parent, which is incorporated by
reference. No later editions or amendments are incorporated. This form is
available at no cost from the USCIS at
https://www.USCIS.gov/I-130. The form
is also available for public inspection and copying at the Food and Energy
Assistance Division Director, Colorado Department of Human Services, 1575
Sherman Street, 3rd Floor, Denver, Colorado 80203;
ii) Form I-130, as incorporated by reference
above, petition as a widow(er) of a U.S. citizen;
iii) Self-petition under the Violence Against
Women Act (including those filed by a parent on behalf of an abused child),
USCIS Form I-360, last modified June 9, 2020, which is incorporated by
reference. No later editions or amendments are incorporated. This form is
available at no cost from the USCIS at
https://www.USCIS.gov/I-360. The form
is also available for public inspection and copying at the Food and Energy
Assistance Division Director, Colorado Department of Human Services, 1575
Sherman Street, 3rd Floor, Denver, Colorado, 80203; or,
iv) An application for cancellation of
removal or suspension of deportation filed as a victim of domestic
violence.
b) There is
substantial connection between the battery or extreme cruelty and the need for
SNAP benefits; and
c) The battered
non-citizen, child, or parent no longer resides in the same home as the
abuser.
2. Eligible Non-Citizens Not in a Qualified
Status:
The following classes of non-citizens are not defined as
having a qualified status but are potentially eligible for participation in
SNAP without having to meet an additional condition (see Section 4.305, B, 3).
All other classes of non-citizens that are not in a qualified status are not
eligible for participation in SNAP.
a.
Certain American Indians Born Abroad
American Indians born abroad in Canada living in the U.S.
under Section 289 of the INA or non-citizen members of a federally recognized
Indian tribe under Section 4(e) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C.
450(B)(E) who are recognized
as eligible for the special programs and services provided by the U.S. to
Indians because of their status as Indians.
This provision was intended to cover Native Americans who are
entitled to cross the U.S. border between Canada and/or Mexico. It was intended
to include but is not limited to the St. Regis Band of the Mohawk in New York
State, the Micmac (also known as Mi'kmaq) in Maine, the Abenaki in Vermont, and
the Kickapoo in Texas.
b.
Hmong or Highland Laotian Tribal Members
An individual lawfully residing in the U.S. who was a member
of a Hmong or Highland Laotian tribe that rendered assistance to U.S. personnel
by taking part in a military or rescue operation during the Vietnam era (August
5, 1964 - May 7, 1975). This category includes:
1) Spouse or surviving spouse of a deceased
Hmong or Highland Laotian Tribal Member who is not remarried; and/or,
2) Unmarried dependent child of Hmong or
Highland Laotian Tribal Member who is: under the age of eighteen (18) or a
full-time student under the age of twenty-two (22);
3) Unmarried child under the age of eighteen
(18) or a full-time student under the age of twenty-two (22) of a deceased
Hmong or Highland Laotian Tribal Member, provided the child was dependent upon
them at the time of the Hmong or Highland Laotian tribal member's death;
or,
4) Unmarried child with
disabilities age eighteen (18) or older if the child with disabilities had a
disability and was dependent on the person prior to the child's eighteenth
(18th) birthday.
A) For purposes of this
paragraph, "child" means the legally adopted or biological child of the person
described in this section as a Hmong or Highland Laotian Tribal
Member.
3. Additional Conditions
Non-citizens in a qualified status as outlined in subsection
4.305, B, 1, are required to meet one additional condition to be eligible for
participation in the Program. At the time the non-citizen applies for SNAP,
they need only satisfy one of the following conditions to be eligible:
a. Five (5) Years of Residence
The non-citizen has lived in the U.S. in a qualified
non-citizen status for five (5) years. The five (5) year waiting period begins
on the date the non-citizen obtains status as a qualified non-citizen or enters
the U.S. in a qualifying status.
b. Forty (40) Qualifying Work Quarters
A person shall have satisfied this additional condition if
they are lawfully admitted for permanent residence while already possessing
credit for forty (40) qualifying work quarters as defined under Title II of the
Social Security Act. In some cases, an applicant may have work from employment
that is not covered by Title II of the Social Security Act, but which is
countable toward the forty (40) quarters test, and there are also cases in
which SSA records do not show current year's earnings. Such quarters are still
countable for the forty (40) quarter test, but the individual non-citizen shall
be responsible for providing evidence needed to verify the quarters.
1) The sum of work quarters can include:
a) Quarters the non-citizen worked;
b) Quarters credited from the work of a
parent of such a non-citizen while the non-citizen was under eighteen (18),
which includes quarters worked before the non-citizen was born or adopted;
or
c) Quarters credited from the
work of the non-citizen's spouse. Quarters are only creditable to the
non-citizen for work performed by his or her spouse if the couple is still
legally married, or if the spouse becomes deceased while married to the
non-citizen, and the work being credited to the non-citizen was performed after
the marriage began.
If a couple divorces prior to determination of SNAP
eligibility, a spouse may not get credit for quarters of their spouse. However,
if the local office determines eligibility of a non-citizen based on the
quarters of the spouse, and then the couple divorces, the non-citizen's
eligibility continues until the next re-certification. At that time, the local
office shall determine the non-citizen's eligibility without crediting the
non-citizen with the former spouse's quarters of coverage.
2) The sum of work quarters cannot
include:
a) Quarters in which not enough
income was earned to qualify, or,
b) Quarters earned after December 31, 1996,
cannot be counted if the non-citizen, during the quarter, received SNAP or any
other federal means-tested public benefits, such as Medicaid, SSI, TANF, or
state Children's Health Insurance Program.
c. Children Under Eighteen (18)
A non-citizen under eighteen (18) years of age in a qualified
non-citizen status who lawfully resides in the U.S. When the non-citizen turns
eighteen (18), non-citizen eligibility shall be reviewed.
d. Blind or Person with Disabilities
A non-citizen who is blind or a person with a disability if
the non-citizen is receiving benefits or assistance for their condition
regardless of entry date.
e. Born on or before August 22, 1931 who
lawfully resided in the U.S. on August 22, 1996.
f. Military Connection
1) Qualified non-citizens with a military
connection, including an individual who is lawfully residing in a state and is
on active duty, other than training, in the military, excluding national guard;
or,
2) An honorably discharged
veteran, as defined in Section
101 of Title 38, U.S.C, whose discharge is not
because of immigration status, who fulfills the minimum active-duty service
requirements. This includes an individual who died in active military duty,
naval or air service. This provision extends to the spouse, un-remarried
surviving spouse, and unmarried dependent children. A discharge "under
honorable conditions," which is not the same as an honorable discharge, does
not meet this requirement.
3) The
definition of "veteran" shall also include:
a. An individual who served before July 1,
1946, in the organized military forces of the Commonwealth of the Philippines
while such forces were in the service of the Armed Forces of the U.S. or in the
Philippine Scouts; or,
b. An
individual who is on active duty (other than active duty for training) in the
Armed Forces of the United States, or the spouse of such a person;
or,
c. The spouse of a veteran who
served at least twenty-four (24) months in the Armed Forces. This includes the
spouse of a deceased veteran, provided the marriage fulfilled the requirements
of 38 U.S.C.
1304, and the spouse has not remarried;
or
d. An unmarried dependent child
of a veteran who is under the age of eighteen (18) or, if a full-time student,
under the age of twenty-two (22); or,
e. Unmarried dependent child of a deceased
veteran provided such child was dependent upon the veteran at the time of the
veteran's death; or an unmarried child with disabilities age eighteen (18) or
older if the child with disabilities was disabled and dependent upon the
deceased veteran prior to the child's eighteenth (18th) birthday.
1. For purposes of this provision, "child"
means the legally adopted or biological child of the veteran.
4.305.1
Non-Citizens Ineligible for
Participation in SNAP
The following non-citizens are not eligible to participate in
SNAP as a member of any household.
A.
Non-citizens who are lawfully present in the U.S. but not in a qualified
status, such as students and H-1B Visa workers;
B. Undocumented non-citizens (e.g.,
individuals who entered the country as temporary residents and overstayed their
visas or who entered without a visa);
C. Non-citizen visitors;
D. Tourists;
E. Diplomats;
F. Students who enter the U.S. temporarily
with no intention of abandoning their residence in a foreign country;
G. Individuals granted temporary protection
status (TPS), unless in some other qualifying status;
H. Citizens of nations under Compact of Free
Association agreements (Palau, Micronesia, and the Marshall Islands) who have
been admitted under those agreements are not qualified non-citizens. These
individuals may otherwise reside, work, and study in the U.S.; and,
I. Individuals with U Visas, including minor
children under the age of eighteen (18), are ineligible as they have temporary
status and are not considered qualified non-citizens. However, if the
individual adjusts to qualified non-citizen status, such as LPR or battered
immigrant status, then the individual's non-citizen eligibility shall be
reviewed under the new status.
4.305.2
Households Containing a
Sponsored Non-Citizen Member
A. The
provisions of this section apply only to those non-citizens for whom a sponsor
has executed an affidavit of support (INS Form I-864 or I-864A) on behalf of
the non-citizen pursuant to Section 213A of the Immigration and Nationality Act
(INA) on or after December 19, 1997. Prior to this time, affidavits of
supports, known as I-134s, were not legally binding; therefore, the sponsor
could not be legally compelled to support the non-citizen based on an affidavit
of support signed prior to December 19, 1997.
B. Definition of a Sponsor
1. Sponsored non-citizens are those
non-citizens lawfully admitted for permanent residence into the United States
who have been sponsored by an individual for entry into the country.
2. A sponsor is a person who executed an
affidavit(s) of support (INS Form I-864 or I-864A) or another form deemed
legally binding by the Department of Homeland Security on behalf of a
non-citizen as a condition of the non-citizen's entry or admission to the
United States as a permanent resident. Date of entry or admission means the
date established by the Immigration and Naturalization Service (INS) as the
date the sponsored non-citizen was admitted for permanent
residence.
C. Only when a
sponsored non-citizen is an eligible non-citizen will the local office consider
the income and resources of the sponsor and sponsor's spouse available to the
household. For purposes of determining eligibility and benefit level of a
household of which an eligible sponsored non-citizen is a member, the local
office shall deem the income and resources of the sponsor and the sponsor's
spouse, if they have executed USCIS Form I-864 or I-864A, as the unearned
income and resources of the sponsored non-citizen.
D. Calculating Sponsor Income
1. The total gross income and resources of a
sponsor and sponsor's spouse shall be considered as unearned income and
resources of a sponsored non-citizen for a period until the person's
citizenship is obtained; or until the non-citizen has worked or can receive
credit for forty (40) work quarters under Title II of the Social Security Act;
or the sponsor dies.
The spouse's income and resources shall be counted even if
the sponsor and spouse were married after the signing of the
agreement.
2. The monthly
income of the sponsor and the sponsor's spouse to be considered toward the
non-citizen shall be the total monthly earned and unearned income of the
sponsor and spouse at the time the household containing the sponsored
non-citizen member applies for or is recertified for Program participation and
shall be calculated as follows:
a. Reduced by
an amount equal to twenty percent (20%) of the earned income of the sponsor and
the sponsor's spouse; and,
b. An
amount equal to the SNAP monthly gross income eligibility limit for a household
equal in size to the sponsor, the sponsor's spouse, and any other person who is
claimed or could be claimed by the sponsor or the sponsor's spouse as a
dependent for federal income tax purposes; and,
c. If a sponsored non-citizen can demonstrate
to the local office's satisfaction that his or her sponsor is the sponsor of
other non-citizens, the local office shall divide the deemed income and
resources of the sponsor and the sponsor's spouse by the number of such
sponsored non-citizens.
3. If the sponsored non-citizen has already
reported gross income information on his/her sponsor in compliance with the
sponsored non-citizen rules of another state assistance program, and the local
office is aware of the amounts that income amount shall be used for SNAP
deeming purposes. However, the local office shall limit allowable reductions to
the total gross income of the sponsor and the sponsor's spouse prior to
attributing an income amount to the non-citizen. The only reduction will be
twenty percent (20%) earned income amount for that portion of the income
determined as earned income of the sponsor and the sponsor's spouse and an
amount equal to the SNAP monthly gross income eligibility limit for a household
equal in size to the sponsor, the sponsor's spouse, and any other person who is
claimed or could be claimed by the sponsor or the sponsor's spouse as a
dependent for federal income tax purposes.
4. Actual money paid to the non-citizen by
the sponsor or the sponsor's spouse shall not be considered as income to the
non-citizen unless the amount paid exceeds the amount already considered as
income as above. Only the portion that exceeds the income already considered
shall be added to that income.
5.
If the non-citizen changes sponsors during the certification period, a change
shall be processed to consider the new sponsor's income and resources toward
the non-citizen as soon as possible after the information is verified. The
previous sponsor's income and resources shall be used until such determination;
however, should any present sponsor become deceased, that sponsor's income and
resources shall not be attributed to the non-citizen.
6. Total resources of the sponsor and the
sponsor's spouse shall be considered as resources to the non-citizen reduced by
one thousand five hundred dollars ($1,500).
E. The counting of a sponsor's income and
resource provisions do not apply to a non-citizen who is:
1. A member of his or her sponsor's SNAP
household;
2. Sponsored by an
organization or group as opposed to an individual;
3. Not required to have a sponsor under the
Immigration and Nationality Act (INA), such as a refugee, a parolee, an asylee,
or a Cuban or Haitian entrant;
4.
Considered as an "indigent" non-citizen;
An indigent non-citizen is a non-citizen who has been
determined to be unable to obtain food and shelter which totals to an amount
exceeding one hundred thirty percent (130%) of the federal poverty level, as
defined in section 4.401.1. A non-citizen who is receiving in-kind benefits
that exceed the gross income level for the household size shall not be
considered indigent. The noncitizen's own income plus any cash, food, housing,
or other assistance provided by other individuals, including the sponsor, will
be counted in making this determination.
For purposes of this provision, the sum of the eligible
sponsored non-citizen household's own income, the cash contributions of the
sponsor and others, and the value of any in-kind assistance from the sponsor
and others, shall not exceed one hundred thirty percent (130%) of the poverty
income guideline for the household's size. The local office shall determine the
amount of income and other assistance provided in the month of application. If
the non-citizen is below one hundred thirty percent (130%) of the federal
poverty level, the only amount that the local office shall consider deemed to
such a non-citizen will be the amount provided by the sponsor for a period
beginning on the date of such determination and ending twelve (12) months after
such date. Each determination is renewable for additional twelve (12) month
periods. The local office shall notify the U.S. attorney general of each such
determination, including the names of the sponsor and the sponsored non-citizen
involved.
5. A child of a
battered parent is exempt from the provision of sponsorship. A battered
non-citizen spouse, non-citizen parent of a battered child, or child of a
battered non-citizen will not have sponsor's income and resources counted
during a twelve (12) month period after the local office determines that the
battering is substantially connected to the need for benefits, and the battered
individual does not live with the batterer. After twelve (12) months, the local
office shall not deem the batterer's income and resources if the battery is
recognized by a court or the INS and has a substantial connection to the need
for benefits, and the non-citizen does not live with the batterer;
6. Had been sponsored but has since obtained
citizenship;
7. A person whose
sponsor has died; or,
8. Who has
worked or can receive credit for a total of forty (40) work quarters under
Title II of the Social Security Act.
F. Verification Requirements
The local office shall verify the following information at
the time of initial application and recertification:
1. The income and resources of the
non-citizen's sponsor and the sponsor's spouse (if the spouse is living with
the sponsor) at the time of the non-citizen's application for SNAP.
2. The names (and alien registration numbers)
of other non-citizens for whom the sponsor has signed an affidavit of support
or similar agreement.
3. The number
of dependents who are eligible to be claimed for federal income tax purposes by
the sponsor and the sponsor's spouse.
4. The name, address, and phone number of the
non-citizen's sponsor.
G.
Awaiting Verification
1. Until the
non-citizen provides information or verification necessary to determine
eligibility, the sponsored non-citizen shall be ineligible. When such
verification is provided, the local office shall act on the information as a
reported change in household circumstances. The eligibility of any remaining
household members shall be determined. The income and resources of the
ineligible non-citizen (excluding the attributed income and resources of the
non-citizen's sponsor and sponsor's spouse) shall be treated in the same manner
as a disqualified member as set forth in Section 4.411.1 and considered
available in determining the eligibility and benefit level of the remaining
household members.
2. If the
sponsored non-citizen refuses to cooperate in providing and/or verifying needed
information, other adult members of the non-citizen's household shall be
responsible for providing and/or verifying the information. If the information
or verification is subsequently received, the local office shall act on the
information as a reported change. If the same sponsor is responsible for the
entire household, the entire household is ineligible until such time as the
needed information is provided and/or verified. The local office shall assist
the non-citizen in obtaining verification provided the household is cooperating
with the local office.
H.
Sponsored Non-Citizen's Responsibility
1.
During the period the sponsored non-citizen is subject to deeming, the eligible
sponsored non-citizen shall be responsible for obtaining the cooperation of
their sponsor, for providing the local office, at the time of application
and/or recertification, the information and/or documentation necessary to
calculate income and resources attributable to the non-citizen's household. The
eligible sponsored non-citizen shall be responsible for providing the names (or
other identifying factors) of other non-citizens for whom the non-citizen's
sponsor has signed an agreement to support. The local office shall attribute
the entire amount of income and resources to the eligible sponsored non-citizen
until they provide the information required.
2. The local office will determine how many
of such non-citizens are SNAP applicants or participants and initiate
appropriate proration. The eligible sponsored non-citizen shall also be
responsible for reporting the required information about the sponsor and
sponsor's spouse should the non-citizen obtain a different sponsor during the
certification period. The eligible sponsored non-citizen shall report changes
in income should the sponsor or sponsor's spouse change or lose employment or
become deceased during the certification period. The local office shall act on
the information as a reported change in household circumstances as set forth in
Section 4.604.
4.305.3
Reporting Undocumented
Non-Citizens
A. The local office shall
immediately inform the local USCIS office whenever personnel responsible for
the certification or recertification of households determine that any member of
a household is ineligible to receive SNAP because the member is present in the
United States in violation of immigration laws.
B. In determining whether the member is
present in the United States in violation of immigration laws, caution shall be
exercised to ensure that the determination is not made merely on the
non-citizen's inability or unwillingness to provide documentation of
non-citizen status. When a person indicates an inability or unwillingness to
provide documentation of non-citizen status, the local office shall not
continue efforts to obtain documentation other than that necessary to obtain
information on the income and resources to be made available to remaining
members of the household.
C.
Because many non-citizens who are legally present in the United States are not
eligible for SNAP, eligibility technicians are cautioned that a determination
that a person is an ineligible non-citizen is not equivalent to a determination
that a person is a non-citizen present in the United States in violation of
immigration laws.
D. When and if a
SNAP eligibility technician is able, based on information that becomes
available to him/her in the process of reviewing a household's eligibility for
SNAP, to determine that a member or members of that household are in fact
non-citizens present in the United States in violation of the immigration laws,
the eligibility technician will report the determination to their supervisor.
The report to USCIS, if made, shall be in writing.
This rule does not permit the reporting to USCIS on mere
suspicion or prejudice. Firm evidence that a household is illegally in the U.S.
would be required. A person known to be a non-citizen in the United States in
violation of the Immigration and Nationality Act is only known to have such
status when they are found in this country and are known to have a final order
of deportation outstanding against them. An outstanding order of deportation is
final when it is not subject to appeal because the relevant statutory appeal
period of ten (10) days has expired or because there are no lawful grounds upon
which an appeal may be based or because the available administrative and/or
judicial appeals have been exhausted, and the order is not subject to review
under the limited standards of reopening for consideration.
E. The failure to report a non-citizen
illegally present in the United States in violation of immigration laws to
USCIS will not be considered a quality assurance error or assessed as an
administrative deficiency.
Notes
10 CCR 2506-1-4.305
37
CR 15, August 10, 2014, effective 9/1/2014
37
CR 21, November 10,2014, effective 12/1/2014
38
CR 23, December 10, 2015, effective 1/1/2016
39
CR 01, January 10, 2016, effective
2/1/2016
39
CR 05, March 10, 2016, effective
4/1/2016
39
CR 07, April 10, 2016, effective
5/1/2016
39
CR 15, August 10, 2016, effective
9/1/2016
39
CR 17, September 10, 2016, effective
10/1/2016
39
CR 19, October 10, 2016, effective
11/1/2016
39
CR 23, December 10, 2016, effective
1/1/2017
40
CR 11, June 10, 2017, effective
7/1/2017
40
CR 17, September 10, 2017, effective
10/1/2017
41
CR 15, August 10, 2018, effective
9/1/2018
40
CR 23, December 10, 2017, effective
12/30/2018
42
CR 01, January 10, 2019, effective
2/1/2019
42
CR 03, February 10, 2019, effective
3/15/2019
42
CR 17, September 10, 2019, effective
10/1/2019
42
CR 18, October 10, 2019, effective
10/1/2019
42
CR 23, December 10, 2019, effective
12/30/2019
43
CR 01, January 10, 2020, effective
1/30/2020
43
CR 05, March 10, 2020, effective
2/7/2020
43
CR 07, April 10, 2020, effective
4/30/2020
43
CR 21, November 10, 2020, effective
11/30/2020
44
CR 21, November 10, 2021, effective
11/30/2021
45
CR 05, March 10, 2022, effective
3/30/2022
45
CR 19, October 10, 2022, effective
10/1/2022
45
CR 19, October 10, 2022, effective
11/1/2022
45
CR 21, November 10, 2022, effective
11/30/2022
46
CR 17, September 10, 2023, effective
9/30/2023
