Cover Memo for Regions To Use To Forward Guidance to State Directors

All States

This letter, and the accompanying guidance, was sent to all State food stamp directors shortly after October 15, 2002.

Over the next year, the Farm Security and Rural Investment Act of 2002 (Public Law 107-171), commonly referred to as the 2002 Farm Bill, restores food stamp eligibility to many legal immigrants who lost eligibility under the 1996 Welfare Reform legislation. While a small number of disabled aliens have already had their eligibility restored, the majority of legal immigrants will be affected on April 1, 2003, when qualified aliens who have been in the country for five years regain eligibility. The Food and Nutrition Service (FNS) is providing the enclosed supplementary implementing guidance early so that State agencies have sufficient lead-time for notifying households of the new law, training workers, and making the necessary computer adjustments.

The changes in section 4401 of the 2002 Farm Bill incrementally reinstate eligibility for three groups of qualified aliens who meet the program’s other requirements and who: 1) are receiving disability benefits for their condition (effective October 1, 2002); 2) are under the age of 18 regardless of date of entry into the country (effective October 1, 2003); or 3) have lived in the United States for five years within a qualified status (effective April 1, 2003). Together these changes build on this Administration’s commitment to ensure that all eligible low-income individuals and families have access to the nutritional assistance they need through the Food Stamp Program.

We strongly encourage State agencies to begin making the necessary plans for these restorations. In addition, we encourage State agencies to work with the advocate community on strategies, such as public service announcements, to inform low-income families and individuals about the new changes in food stamp eligibility affecting immigrants.

We recognize that implementing these changes poses particular challenges during a time when State and local resources are strained. Accordingly, the enclosed guidance provides for administrative flexibility and extensive relief on quality control. We believe that it is essential to commence actively preparing for the April 1 date now, and urge you to contact us if we can be of assistance.

Enclosure: Guidance for State Agencies in Implementing Immigrant Provisions

Last modified: 02/16/2012