16 Del. Admin. Code § 9000-9036
[273.11(a)]
DSS participates in the SAVE Program established by the Immigration and Naturalization Service (INS) in order to verify the validity of documents provided by aliens applying for food stamp benefits. The central data files utilized are maintained by INS.
Use information obtained through the SAVE Program only for the purposes of:
Before benefits can be approved, a signature from a household member must be obtained on the application (Form 100) certifying all household members are U.S. citizens or aliens in lawful immigration status. For each member designating "alien" (i.e., non-citizen) status, access the Alien Status Verification Index (ASVI) database to verify the alien's documented status through the SAVE Point-of-Contact (POC) person located in the Deputy Director's Office for Service Delivery in the Lewis Building. Requests for verification can be mailed (using form SAVE-1) to the SAVE POC.
When either of the following conditions exist, secondary (manual) verification procedures must instead be utilized:
Secondary verification is accomplished through use of Form (INS) G- 845, submitted along with photocopies of documentation presented to DSS by the alien. This secondary verification procedure is also to be used whenever the client's documented alien status has not been verified successfully through ASVI or significant discrepancies exist between data on the ASVI file and the information provided by the alien applicant.
Provide an applicant alien with a reasonable opportunity to submit acceptable documentation of eligible alien status prior to the 30th day following the date of application. A reasonable opportunity is at least ten (10) days from the date DSS requests an acceptable document. An alien who has been given a reasonable opportunity to submit acceptable documentation and has not done so as of the 30th day following the date of application cannot be certified for benefits until documentation has been submitted. However, if the ten-day reasonable opportunity period does not lapse before the 30th day following the date of application, provide the household with benefits no later than 30 days following the date of application if the household is otherwise eligible.
The written consent of the alien applicant is not required as a condition for DSS to contact INS to verify the validity of documentation.
Submit INS Form G- 845, with an attached photocopy of the alien's document to the Division's SAVE Point-of-Contact person whenever the initial automated access does not confirm the validity of the alien's documentation or a significant discrepancy exists between the data provided by ASVI and the information provided by the applicant. Pending such responses from either the ASVI or INS Form G- 845, do not delay, deny, reduce, or terminate the alien's eligibility for benefits on the basis of the individual's alien status.
If it is determined that the alien is not in an eligible alien status, take action, including proper notices to the household, to terminate, deny, or reduce benefits. Provide households the opportunity to request a fair hearing under DSSM 5000 prior to any adverse action.
Document the use of SAVE in the casefile. While awaiting a response from SAVE, notate the date of the verification request or retain a copy of the INS Form G- 845 sent to INS. Once the SAVE response is received, enter the ASVI Query Verification Number or file a copy of the INS- annotated Form G- 845. Whenever the response from automated access to the ASVI directs the eligibility worker to initiate secondary verification, show documentation of the ASVI Query Verification Number in the record and file a copy of the INS Form G- 845.
Once signed, the Affidavit of Citizenship or Lawful Immigration Status does not need to be signed at each recertification unless the individual is in a temporary INS status.
16 Del. Admin. Code § 9000-9036