COMMENT DUE DATE:  

December 10, 2007

DATE: 

November 29, 2007

Laura Brown    FSSD    (405) 521-4396

Dena Thayer   PMU Manager   (405) 521-4326

Pat McCracken   PMU Specialist   (405) 522-1017

RE:  

Non-APA WF 07-KK

It is very important that you provide your comments regarding the DRAFT COPY of policy by the comment due date. Comments are directed to *STO.LegalServices.Policy@okdhs.org. 

The proposed policy is  Non-APA .  This proposal is not subject to the Administrative Procedures Act

The proposed revisions to Instructions to staff are effective 11-1-07.

CHAPTER 50. FOOD STAMP PROGRAM

Subchapter 5. Non-Financial Eligibility Criteria

Part 1. Household Definition

OAC 340:50-5-8.1 [INSTRUCTIONS TO STAFF ONLY REVISED]

SUMMARY:

340:50-5-8.1 Instructions to staff are revised to remove the prohibition against workers reporting undocumented aliens directly to the United States Citizenship and Immigration Services (USCIS).

SUBCHAPTER 5. NON-FINANCIAL ELIGIBILITY CRITERIA

PART 1. HOUSEHOLD DEFINITION

 

340:50-5-8.1. Ineligible and illegal aliens

Revised 5-12-05

Aliens not identified as qualified aliens in OAC 340:50-5-67(3) are not eligible for food stamp benefits.Income and resources of ineligible aliens are considered 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 5-12-0511-1-07

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

(1) The worker does 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) individuals 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 individuals.

(4) The requirement to report applicants and/or recipients who are residing in the U.S. unlawfully is not used to discourage participation in the Food Stamp Program.