RIGHTS OF IMMIGRANTS APPLYING FOR TAFDC AND FOOD STAMPS

On September 20, 2004, the Department of Transitional Assistance issued detailed guidance to all field workers on how to screen TAFDC and Food Stamp applications for families with immigrant members not seeking benefits for themselves. The DTA instructions were issued in Field Operations Memo 2004-34 - a copy of which is available at the following link: http://www.masslegalservices.org/docs/2004-34.pdf

DTA also conducted trainings for ALL 750 food stamp workers during the last week of September to review this policy, as well as hear presentations on the woefully low FS rate amongst immigrant-headed households, cultural awareness practices in other states, and services available from refugee and immigrant groups. This new policy was issued in response to advocates documenting repeated problems of DTA workers insisting on immigration documents and SSNs for undocumented parents seeking benefits only for their eligible children. It was also issued in response to a Legal Services complaint filed with the HHS Office of Civil Rights involving DTA staff violating Title VI national origin non-discrimination policies.

The New Policy:

Applicants for TAFDC and/or Food Stamps must be asked by DTA staff UP FRONT if there are any household members NOT applying for TAFDC or food stamps. DTA has developed a screening form to ask this question. The applicant does NOT need to give immigration status information or social security number information for any family member NOT seeking benefits. The worker must STOP asking for information. The worker must also give the applicant an information and resource brochure. A Food Stamp or TAFDC applicant must still provide DTA financial and other information required, but he or she cannot be harassed or denied for lack of SSN or immigrant status information.

NOTE - This new policy is not limited to undocumented immigrants. Legal immigrants who may not want cash benefits for themselves for fear of “public charge” - such as immigrants applying for adjustment of status or legal permanent resident adults with family sponsors - may want to just apply for their kids. Keep in mind, however, in many cases, if an immigrant does have pending or legal status, their food stamp benefits may be higher if they give information on status - even if not applying to get benefits.

Please call or email Pat Baker (pbaker@mlri.org) or Katy Mastman at MLRI (Kmastman@mlri.org) if you see any cases of DTA local office workers not following this new policy.

- Adapted from an e-mail from Patricia Baker, Mass Law Reform Institute, 10/20/04.