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U.S. Department of Agriculture Issues Policy Clarifications That Facilitate Immigrant Access to Food Assistance

APRIL 7, 2009


     Immigrants who are eligible for federal nutrition assistance often face daunting obstacles in their attempts to complete the application process for the Supplemental Nutrition Assistance Program (SNAP, formerly the Food Stamp Program).  The Food and Nutrition Service (FNS) of the U.S. Department of Agriculture (USDA) recently issued policies that seek to reduce two of the access barriers faced by eligible immigrant households.  One is national guidance on verification of a sponsor's income, and another is a letter to one state clarifying procedures for verification of an immigrant's income.

     The nationally distributed policy, "Whether Verification of Sponsor's Income is Required to Determine Indigence," clarifies that sponsored immigrants who are seeking the indigence exemption to deeming (for immigrants who would go hungry or homeless without assistance) should not be required to provide information about a sponsor's income before the agency determines whether the immigrant is indigent.  Such verification is an unnecessary barrier given that federal food stamp regulations stipulate that the immigrant is considered indigent if all income actually provided does not exceed 130 percent of the poverty income guidelines for the household's size.  The memo is consistent with USDA's previous guidance, which indicated that immigrants who are exempt from sponsor deeming are not required to provide verification of a sponsor's income.  An immigrant who is indigent is exempt from sponsor deeming.

     Second, a memo to the Food Stamp (SNAP) Director in the Mid-Atlantic Regional office regarding a Virginia policy corrects that state's practice of refusing to accept a pay stub bearing a different name and Social Security number as proof of earnings.  The memo,  "Household Member's Name Differs from the Name Contained on the Earnings Statement Used to Verify Income," reminds states that such documentation is being used to prove earnings, not to prove identity.  The letter also reminds states that federal rules call for states to be flexible in their verification requirements, to assist households in proving income, and to accept any "reasonable" documentary evidence.

     For more information, contact Dinah Wiley, public benefits policy attorney.

 

 

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