The proposed rule, issued Feb. 29, 2000, is lengthy and, as they prepare to submit comments before the May 1, 2000, deadline, poverty law and immigrants’ rights advocates are still studying its potential impact.  What follows is a summary of some of the key issues raised by the proposed rule.

One proposal on immigrant sponsor deeming would drastically restrict access to food stamps for not only otherwise-eligible immigrants but also for U.S. citizen family members.  The USDA is proposing to count the income even of an ineligible immigrant’s sponsor when determining the eligibility of the rest of the household—i.e., when determining the eligibility of the U.S. citizen and eligible, nonsponsored immigrant household members who are applying.  Due to income restrictions in the Food Stamp Program, this provision would make most nonsponsored household members, including U.S. citizen children, ineligible for food stamps.

Another very restrictive provision would require a food stamp agency to deem 100 percent of a sponsor’s gross income to be available to an immigrant sponsored under the I-864 affidavit of support, with no income exclusions or deductions allowed for child support, housing, income taxes, or any other realistic financial obligations.  This would prevent many immigrants from qualifying for food stamps even though they do not actually benefit from the amount of income deemed available to them.

On the other hand, advocates were pleased that the USDA included a provision allowing states to maximize benefits for immigrant households that do qualify for food stamps.  The proposed rule allows states not to count the income of immigrants made ineligible by the 1996 welfare law in determining the food stamp eligibility and benefit level for the rest of the household.  Applying this state option would increase benefits to immigrant families, including the U.S. citizen members of those families.  It will also free up state food stamp replacement program dollars that can then be used to serve additional categories of needy immigrants and to provide more generous allotments.

In another helpful provision, the proposed rule appears to make lawful permanent residents with 40 qualifying quarters who enter the U.S. after Aug. 22, 1996, eligible for food stamps within 5 years of entry.  Quarters are credited by the Social Security Administration to workers in the U.S. who report to the agency income from self-employment or earned wages.  The number of quarters credited is based on the amount of those earnings, and LPRs credited with 40 quarters are entitled to exemptions from certain eligibility restrictions in various benefits programs, including food stamps.  Under the proposed rule, immigrants can be credited with quarters earned by a spouse or, in some circumstances, a parent, thus qualifying for 40 quarters immediately upon entry or at any time within the first 5 years after entry.

The proposed rule’s positive interpretation of the law could result in the receipt of food stamps by some LPRs who might otherwise need to wait 5 years after entry before obtaining benefits.  The rule also permits applicants who have difficulty establishing their 40 quarters to be eligible for food stamps for up to 6 months with documentation from the Social Security Administration (SSA) verifying that the SSA is investigating the matter.  This may benefit some LPRs who might otherwise be delayed in receiving food stamps.

Advocates are disappointed that the proposed rule does not exempt applicants from having to provide, on the application form, the Social Security numbers and immigration status information of household members not eligible and not applying for food stamps.  Many eligible children, in particular, live in households with family members who are in an immigration status that renders them ineligible for food stamps.  Advocates note that when agencies ask sensitive questions of nonapplicant family members, often the whole family is deterred from seeking assistance.  The rule should, therefore, ensure that information unnecessary to the application process is not collected and that barriers to access for U.S. citizens and eligible immigrants are minimized.

The proposed rule also addresses some language access concerns. Under these provisions, state agencies will be required to establish procedures to serve households in areas in which a substantial number of members of low-income households speak a language other than English.  But the rule does not emphasize the rights of limited English-proficient applicants and recipients under Title VI of the Civil Rights Act to equal access to the Food Stamp Program.  The regulations could, advocates believe, be strengthened in this area.

NILC and other organizations are drafting comments to be submitted by the May 1, 2000, close of the public comment period.