N.J. Admin. Code § 10:87-3.9

Current through Register Vol. 56, No. 21, November 4, 2024

Section 10:87-3.9 - Ineligible aliens

(a) The following aliens are not eligible to participate in the NJ SNAP program:

1. Visitors, tourists, students and diplomats;

2. Aliens residing under Color of Law.

i. "Color of law" means aliens that are in the United States prior to January 1, 1972, under statutory authority and those allowed to remain in the United States by administrative discretion;

3. Undocumented aliens. Undocumented aliens are persons who either:

i. Entered the United States without inspection at the border; or

ii. Were lawfully admitted but have lost their status;

4. Aliens who have applied for eligible status, but who have not yet been approved; and

5. Aliens whose status is questionable or unverified.

(b) The CWA shall report to the United States Citizenship and Immigration Services (USCIS) a household member who has applied and who is ineligible to receive NJ SNAP benefits, when that person is known to be in violation of the Immigration and Naturalization Act, 8 U.S.C. § 1101 et seq. The reporting containing the name, address, and other identifying information shall be submitted no later than the 45th day of the calendar quarter after which it was discovered. As there are four calendar quarters in a given year, that is, March 31, June 30, September 30, and December 31, the identifying information shall be submitted by April 15, August 14, November 14 or February 14, respectively. The information shall be reported to: Director, Policy Directives and Instructions Branch, United States Citizenship and Immigration Services, 425 I Street NW-Room 4034, Washington, DC 20536 (USCIS No. 2070-00).

1. Illegal aliens who must be reported are only those applicants who the CWA knows are in violation of residency requirements, based on a finding of fact or as a conclusion of the law, which is supported by an official determination of the USCIS. The status of known illegal aliens may also be officially determined based on a review by the Executive Office of the USCIS, and supported by a Final Order of Deportation. Only the United States Department of Justice can make a determination of an alien's legal status. No other agency is so charged. The requirement to report a known illegal immigrant is not applicable to anyone who is not part of the household or is not applying for assistance. Applicants may be informed that the CWA is required to report illegal aliens to the USCIS in cases where the USCIS has made the determination that the alien is in the country illegally.

2. When a person indicates inability or unwillingness to provide documentation of alien status, the CWA shall classify that person as an ineligible alien. In such cases the CWA agency shall not continue efforts to obtain that documentation and shall not report that individual to the USCIS.

N.J. Admin. Code § 10:87-3.9

Amended by R.1989 d.121, effective 2/21/1989.
See: 20 N.J.R. 2689(a), 21 N.J.R. 511(b).
Repeal and New Rule, R.2007 d.129, effective 5/7/2007.
See: 38 N.J.R. 4374(a), 39 N.J.R. 1719(a).
Section was "Ineligible aliens".
Amended by R.2009 d.94, effective 3/16/2009.
See: 40 N.J.R. 5932(a), 41 N.J.R. 1245(b).
In (a)2i, inserted "prior to January 1, 1972,"; in the introductory paragraph of (a)3, inserted ". Undocumented aliens are persons who are either:"; and added (a)3i and (a)3ii.
Administrative change.
See: 44 N.J.R. 1529(a).