IM-61      06/27/07

DEPARTMENT OF SOCIAL SERVICES
FAMILY SUPPORT DIVISION
P.O. BOX 2320
JEFFERSON CITY, MISSOURI

TO:	ALL COUNTY OFFICES
FROM:	JANEL R. LUCK, DIRECTOR
SUBJECT:	REPORTING ILLEGAL IMMIGRANTS FOOD STAMP MANUAL REVISION #24 1102.015.10 1105.010.02 1105.010.03 1105.010.10.15 1105.010.10.25.15 1105.010.10.35 1105.010.12 1105.010.15 1105.010.15.10 1105.010.15.15 1105.010.17 1105.010.20.20 1105.010.20.40 1105.097.00

DISCUSSION:

Clarification of policy has been received from the Food Nutrition Service (FNS) regarding reporting illegal immigrants to the United States Citizenship and Immigration Services (USCIS).

Effective immediately 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.

The eligibility specialist should first inform the EU that s/he may decline to declare citizenship and the effect for not declaring his/her citizenship. 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;
• DCN;
• 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.

The Food Stamp Manual sections discussing immigrant policy are revised. The revision includes changing INS to USCIS and the Food Stamp Manual section 1105.010.17 Reporting Illegal Immigrants is added to incorporate the change in reporting an illegal immigrant.

NECESSARY ACTION:

• Review this memorandum with appropriate staff.
• If it is reported by the EU that an illegal immigrant is in the EU and an order for deportation has been issued for that individual, report the illegal immigrant to the Food Stamp Program and Policy Unit.

KO