Okla. Admin. Code § 340:50-5-67

Current through Vol. 42, No. 4, November 1, 2024

Section 340:50-5-67 - Citizenship and alien status

(a) Per Section 273.4 of Title 7 of the Code of Federal Regulations (7 § C.F.R. 273.4), to be eligible for food benefits a person must be:

(1) a United States (U.S.) citizen;

(2) a U.S. non-citizen national;

(3) an alien who is both qualified and eligible; or

(4) an alien not required to meet qualified alien status.

(b) Pursuant to Section 71 of Title 56 and Section 20j of Title 74 of the Oklahoma Statutes, all persons 14 years of age and older must declare whether they are residing in the U.S. lawfully and may be required to sign Form 08MP005E, Citizenship Affidavit, per OAC 340:65-3-1(g).

(c) Ineligible or illegal aliens are not eligible to receive Supplemental Nutrition Assistance Program (SNAP) food benefits. An ineligible alien is an alien who does not meet eligible alien status, per (a)(3) or (4) of this Section or is determined to be an ineligible sponsored alien, per Oklahoma Administrative Code (OAC) 340:50-5-49.

(1) When a household is unwilling or unable to provide alien status documentation for any household member, the alien is considered an ineligible alien and is not eligible for food benefits. No further efforts to obtain documentation are made.

(2) The worker prorates the income of the ineligible or illegal aliens among all household members, per 7 § C.F.R. 273.11(c)(3) and OAC 340:50-7-29(d)(2).

(3) Oklahoma Human Services is responsible for reporting to the U.S. Citizenship and Immigration Services (USCIS) any alien it "knows" is not lawfully present in the U.S., per 7 C.F.R. § 273.4(b). OKDHS only "knows" an alien is not present legally when the alien applies for SNAP benefits and it is determined as a finding of fact or a conclusion of law that the alien is present in violation of the Immigration and Nationality Act. OKDHS must support this determination with a formal determination by USCIS or the Executive Office of Immigration Review, such as a Final Order of Deportation.

Okla. Admin. Code § 340:50-5-67

Amended at 8 Ok Reg 3463, eff 7-31-91 (emergency); Amended at 9 Ok Reg 1933, eff 5-1-92 (emergency); Amended at 9 Ok Reg 3405, eff 5-13-92 (preemptive); Amended at 9 Ok Reg 2473, eff 6-25-92; Amended at 14 Ok Reg 220, eff 10-1-96 (preemptive); Amended at 15 Ok Reg 165, eff 11-1-97 (emergency); Amended at 15 Ok Reg 1623, eff 5-11-98; Amended at 15 Ok Reg 3744, eff 8-1-98 (emergency); Amended at 16 Ok Reg 293, eff 11-23-98 (preemptive); Amended at 19 Ok Reg 1767, eff 6-14-02; Amended at 25 Ok Reg 265, eff 11-1-07 (emergency); Amended at 25 Ok Reg 937, eff 6-1-08; Amended at 28 Ok Reg 850, eff 6-1-11

Amended by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/15/2021