Illegal immigrants are not reported to USCIS unless these criteria are met:
- it is specifically reported by the EU that an illegal immigrant is present in the EU, and
- a formal determination has been made by USCIS or the Executive Office of Immigration Review, such as a final order of deportation.
If the EU declares an individual is an illegal immigrant, ask if there is a final order of deportation. If the EU declares there is a final order of deportation, report the illegal immigrant. If the EU declares there is not a final order of deportation, do not report the illegal immigrant.
NOTE: Failing to provide documentation, declining to declare citizenship or SAVE response indicating there is no record on the individual does not mean the individual is an illegal immigrant. This only means we do not know the citizenship/immigrant status of the individual. Do not report these individuals to USCIS.
Counties must report the illegal immigrant meeting the above criteria to the Food Stamp Program and Policy Unit within 10 days of the discovery with the following information:
- Individual’s name;
- Individual’s address; and
- any other identifying information the individual presented to the county.
The Food Stamp Program and Policy Unit will report the information to the appropriate USCIS office.