• Federal Food Stamp Program requirements
• California Food Assistance Program (CFAP) requirements
• Sponsor deeming
• Public charge
• Verification of immigration status

In California, “qualified” immigrants, victims of trafficking and “U” visa applicants/holders (and a few other groups) get food stamps through one of two programs: either the regular, federally funded Food Stamp Program or the state-funded California Food Assistance Program (CFAP). [MPP § 63-403.] The regular Food Stamp Program restricts food stamp eligibility to immigrants who fall into certain categories. In contrast, CFAP is open to other qualified immigrants, trafficking victims and “U” visa applicant/holders who are ineligible for federal food stamps on the basis of their immigration status. Aside from who is eligible, the regular Food Stamp Program and CFAP differ only in whether the federal government or the state pays for the benefits.

Federal Food Stamp Program requirements

Many qualified immigrants can get federal food stamps if they are otherwise eligible. The general rule now is that immigrant adults can get federal food stamps after they have been in the United States in “qualified” immigrant status for five years, and some immigrants can get them right away. [8 U.S.C. § 1612(a)(2).] Children, people in certain humanitarian immigration categories (such as refugees and asylees), people with military connections, credit for 10 years of work history in the United States, and persons receiving disability benefits are eligible right away. [See FNS Guidance, pp 2-3.]

The rules about which immigrants can get federal food stamps have changed several times since 1996. The 2002 Farm Bill restored eligibility to many legal immigrants. [See FNS summary, Section 4401 changes.] As a result, the federal food stamp regulations on immigrant eligibility, last revised in 2000, are no longer complete. Although all of the immigrants listed in the 2000 regulations remain eligible [see 7 C.F.R. § 273.4(a)], many more are now eligible as well. [8 U.S.C. § 1612(a)(2); FNS Guidance, pp. 2-3.] Until FNS issues new regulations, use the January 2003 FNS Guidance on non-citizen eligibility as a reference.

Most legal immigrants must (1) be a “qualified immigrant”; AND (2) meet a condition that allows the qualified immigrant to get federal food stamps.

Qualified immigrants are:

• lawful permanent residents (LPRs), including Amerasian immigrants; or
• refugees, asylees, persons granted withholding of deportation, conditional entry (in effect prior to Apr. 1, 1980), or paroled for at least one year, and ; or
• Cuban/Haitian entrants; or
• certain battered spouses and children.

[8 U.S.C. § 1641(b),(c); FNS Guidance, pp 1-2.] There is a brief period in which Iraqis and Afghanis who had been employed by the US (translators and interpreters) with Special Immigrant Visas (SIVs) can be eligible for Food Stamps. The time period for eligibility is six to eight months depending on eligibility criteria. ACL 08-35.

Qualified immigrants must also meet ONE of the following conditions to receive federal food stamps:

• have been in the United States as a qualified immigrant for five years; or
• be under 18; or
• be receiving disability-related assistance (as defined in the Food Stamp Program; see the section of this guide about how “disabled” is defined); or
• have one of the following immigration statuses:
  • refugee
  • asylee
  • person granted withholding of deportation or removal
  • Cuban or Haitian entrant
  • victim of trafficking
  • Amerasian
  • lawful permanent resident (LPR) who used to have one of the above immigration statuses; or
• be a veteran of the United States military, or a member of the United States military, or a spouse or child of a person in the military or a veteran; or
• be a lawful permanent resident with at least 40 quarters of work in the United States (see Section 8); or
• be a member of a Hmong or Laotian tribe that fought with the United States military during the Vietnam War, who is lawfully residing in the United States; or
• on Aug. 22, 1996, have been 65 years or older and lawfully residing in the United States (i.e., born before August 22, 1931); or
• be an American Indian with certain rights to cross the border between the United States and Canada or Mexico.

[8 U.S.C. § 1612(a)(2); FNS Guidance pp 1-3.]

In addition, the following categories of legal immigrants do NOT have to meet the qualified-immigrant test to receive federal food stamps:

• certain Hmong or Highland Laotians who are lawfully present in the United States, with their spouses and children;
• certain cross-border American Indians with treaty rights to cross between Canada or Mexico and the United States; and
• victims of a severe form of trafficking in persons, who are eligible to the same extent as refugees.

[8 U.S.C. 1612 (a)(2)(K); FNS Guidance, pp 1-3 and 33-34.]

California Food Assistance Program (CFAP) requirements

All qualified immigrants, victims of trafficking, and “U” visa applicants/holders who are not eligible for federal food stamps because of their immigration status are eligible for CFAP. [MPP § 63-403.] This includes eligible, noncitizen victims of human trafficking prior to certification for federal food stamps, and victims of domestic violence or other serious crimes (“U” visa applicants/holders). [Welf. & Inst. Code §§ 14005.2, 13283, 18945; All County Letters 06-60 and 08-15; All County Information Notice I-41-07.]

Sponsor deeming

Immigrants who entered the United States after December 19, 1997 may have sponsors who are legally required to support them. In some cases, if the immigrant applies for food stamps, the food stamp office may consider the sponsor’s income and resources as if these were available to the immigrant (called “sponsor deeming”). The deeming requirements apply only to some LPRs whose sponsor has signed a legally binding affidavit of support, the U.S. Citizenship and Immigration Services (USCIS) Form I-864), on or after December 19, 1997. Note that there are important exceptions to these deeming rules. [7 C.F.R. § 273.4(c); 8 C.F.R. §§ 213a and 299; FNS Guidance pp 10-17; MPP § 63-403.2.] (For related information, see the section about treatment of resources of a sponsored non-citizen.)

The deeming rules for CFAP are more generous than the deeming rules for federal food stamps.

Public charge

A “public charge” is someone who is likely to depend on the government for support. Receiving food stamps does not make an immigrant a “public charge.” [FNS Guidance, pp 26-27; see also the USCIS summary, A Quick Guide to Public Charge and Receipt of Public Benefits (October 18, 1999) (an immigrant will not be considered a public charge for using food stamps).] This means that an immigrant to the United States will not be deported, denied entry to the country, or denied lawful permanent residence status on public charge grounds, due to his receipt of food stamps. Similarly, lawful receipt of food stamps will not affect an immigrant’s ability to naturalize. [FNS Guidance, pp 26-27.]

Verification of immigration status

The food stamp office is required to verify the immigration status of individuals who are applying for food stamp benefits, but may not require applicants to provide information about the citizenship or immigration status of any non-applicant. The food stamp office may not deny benefits to an applicant because a non-applicant family or household member has not disclosed her citizenship or immigrant status. [FNS Guidance, p 28.]

If an applicant cannot provide acceptable verification of United States citizenship and the household can provide a reasonable explanation for the lack of verification, the food stamp office must accept a signed statement, under penalty of perjury, from a third party. [FNS Guidance, at p 29.]