N.J. Admin. Code § 10:87-3.8

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

Section 10:87-3.8 - Eligible aliens defined

(a) A documented alien is an individual with "documentation," supplied by the United States Citizenship and Immigration Services (USCIS), which supports the alien being in the United States. An undocumented alien is an individual who has no "documentation," supplied by USCIS to indicate his or her alien status.

(b) Immigrants shall meet the following two requirements to be eligible for NJ SNAP benefits in addition to other program requirements:

1. Be in a qualified alien category; and

2. Meet a condition that allows qualified aliens to get NJ SNAP benefits.

(c) A qualified alien in the context of NJ SNAP benefit eligibility is defined as an individual who falls into one of the categories required for qualified alien status (see (d) and (e) below).

(d) The following qualified aliens shall be eligible for participation in the NJ SNAP program, with the provision that all other eligibility requirements are met. If any of the qualified aliens listed at (d)1 through 5 below change their alien status to a qualified alien listed at (e) below, they would retain their exempt status and would not have to meet one of the special qualifying conditions at (f) below. The date of entry would remain at the original date of entry and not the date of the change of status.

1. An asylee, granted under Section 208 of the Immigration and Nationality Act (INA), P.L. 101-649, 8 U.S.C. §§ 1101 et seq.

2. A refugee admitted under 8 U.S.C. § 1157. The Trafficking Victims Protection Act of 2000 requires trafficking victims to be treated as refugees;

3. A deportee whose deportation is withheld under 8 U.S.C. §§ 1253(h) or 1251(b)3;

4. A Cuban or Haitian Entrant as defined in 8 U.S.C. § 11522, the Alien Refugee Education Assistant Act of 1980; and

5. An Amerasian Immigrant under 8 U.S.C. § 1101 et seq., the Foreign Operations, Export Financing and Related Program Appropriations Act.

(e) The following list of qualified aliens shall be required to meet one of the special criterion listed in (f) below to be eligible for participation in the NJ SNAP program:

1. A battered spouse, battered child, parent or child of a battered person with a petition pending under 8 U.S.C. § 1154(a)(1)(B)(ii) or (iii), or 8 U.S.C. § 1254(a)3 providing that the individual responsible for the battery or cruelty is not residing in the same household as the individual subjected to the battery or cruelty;

2. A lawfully admitted alien for permanent residence (I-551 form) (holders of green cards);

3. A paroled alien under 8 U.S.C. § 1182(d)(5) for at least one year; and

4. An alien granted conditional entry under 8 U.S.C. § 1153(a)7.

(f) The four qualified aliens listed under (e) above shall meet one of the special criteria listed below in order to be eligible to participate in the NJ SNAP program.

1. He or she is a lawfully admitted for permanent residence (LPR), who can be credited with 40 quarters of work (which is allowed to include the sum of LPR, plus parent and spouse);

2. He or she is a member of the military or has a military connection (veteran, active duty, spouse and children);

3. He or she is lawfully in the U.S., regardless of date of entry and under 18 years of age;

4. He or she is lawfully in the U.S., regardless of date of entry and receiving disability benefits;

5. He or she is lawfully in the U.S. on August 22, 1996 and 65 years of age or older on August 22, 1996; or

6. He or she is lawfully in the U.S. as a qualified alien, for at least five years.

(g) The following procedures regarding eligible aliens are to be followed:

1. To obtain history of immigrant status, ask client for his or her USCIS form G845-Supplement;

2. In order to be eligible for the NJ SNAP program, qualified aliens who are not immediately eligible, pursuant to (e)1 through 4 above, shall be required to meet special criteria listed under (f) above;

3. Persons are considered disabled for NJ SNAP purposes if they are receiving or certified to receive SSI, interim assistance pending SSI, Social Security disability, Federal or State disability retirement benefits for a permanent disability, veteran's disability benefits, or railroad retirement disability. In addition, persons receiving disability-related Medicaid, State or Federal supplemental assistance, and disability-related State General Assistance benefits may be considered disabled for NJ SNAP purposes if they are determined disabled using Federal SSI criteria. State General Assistance or medical programs that use a medical practitioner's statement in order to determine that an immigrant meets the SSI disability criteria shall meet the disability criteria under the NJ SNAP program.

4. For both six-month reporting and change reporting cases, if the CWA is aware of an alien child turning 18 years old during the certification period at the time the household is last recertified, the CWA shall act on the change according to 10:87-9.5. The CWA shall determine if the child remains eligible based on other NJ SNAP criterion as found at 10:87-3.8(f). If the household is on change reporting, the household is required to report the change within 10 days.

(h) The following aliens are eligible to participate in the NJ SNAP program, even if they are not qualified aliens, and are eligible for an indefinite period of time.

1. Certain Hmong or Highland Laotians (spouse and children); and

2. American Indians born in Canada to which Section 289 of INA ( 8 U.S.C. § 1359 ) applies, and members of an Indian tribe as defined in Section 4(e) of the Indian Self-Determination and Education Assistance Act (cross-border Indians) ( 25 U.S.C. § 450b(e) ).

N.J. Admin. Code § 10:87-3.8

Amended by R.1984 d.17, effective 2/6/1984.
See: 15 N.J.R. 1821(a), 16 N.J.R. 246(a).
Qualifying dates in regard to conditional entry, added.
Amended by R.1989 d.121, effective 2/21/1989.
See: 20 N.J.R. 2689(a), 21 N.J.R. 511(b).
Substantially amended.
Amended by R.1990 d.270, effective 5/21/1990.
See: 22 N.J.R. 139(a), 22 N.J.R. 1599(a).
Revised N.J.A.C. 10:87 reference to 2.20(c).
Amended by R.1993 d.62, effective 2/1/1993.
See: 24 N.J.R. 3207(b), 25 N.J.R. 584(a).
In (a)8, provides for restored benefits to temporary residents. Added (b).
Amended by R.1998 d.498, effective 10/5/1998.
See: 30 N.J.R. 1928(a), 30 N.J.R. 3669(b).
Rewrote the section.
Amended by R.2004 d.181, effective 5/17/2004.
See: 36 N.J.R. 28(a), 36 N.J.R. 2425(a).
Rewrote the section.
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 "Eligible aliens; listing".
Amended by R.2009 d.94, effective 3/16/2009.
See: 40 N.J.R. 5932(a), 41 N.J.R. 1245(b).
In the introductory paragraph of (d), substituted "(d)1" for "1" preceding "through 5"; and in (d)2, inserted "The" and substituted "2000" for "2002".
Administrative change.
See: 44 N.J.R. 1529(a).