(Revised 04/1/04 ML #2914)
As a condition of eligibility for TANF, Food Stamps, and Medicaid, Section 121 of the Immigration Reform and Control Act of 1986 and Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) requires an individual to declare in writing, under penalty of perjury, that he or she is a citizen or national of the United States. If not a citizen or national, the individual must present documentation showing satisfactory immigration status. The immigration status must be verified by the county social service office with the Immigration and Naturalization Service (INS). Through this verification process, ineligible individuals will be eliminated from program participation.
INS makes the determination if an individual is an illegal alien. The worker does not make this determination and must not report an individual to INS as an illegal alien unless the following occurred:
Unlawful presence must be a finding of fact or conclusion of law that is made as part of a formal determination that is subject to administrative review on an alien’s claim, and
The finding or conclusion of unlawful presence must be supported by a determination by INS or the Executive Office of Immigration Review, such as a Final Order of Deportation.