FNS Documents & Resources

The U.S. Department of Homeland Security proposes to prescribe how it determines whether a noncitizen is inadmissible to the United States under section 212(a)(4) of the Immigration and Nationality Act because they are likely at any time to become a public charge. 

The purpose of this memorandum is to provide state agencies and child nutrition program operators, including the National School Lunch Program, School Breakfast Program, Child and Adult Care Food Program, and Summer Food Service Program, with additional information and clarification on the administrative review process regarding the child nutrition label, watermarked CN label, and manufacturer’s product formulation statement.

The Department of Justice is publishing a proposed rule in this issue of the Federal Register which proposes to establish clear standards governing a determination that an alien is inadmissible or ineligible to adjust status, or has become deportable, on public charge grounds. Before the proposed rule becomes final, the Immigration and Naturalization Service is publishing its field guidance on public charge issues as an attachment to this notice. 

The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, restricts participation in most food assistance programs based on citizenship and alien status. WIC is specifically exempted from these restrictions, however, states have the option to limit participation to citizens and qualified aliens. 

The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 made a number of changes to the National School Lunch Act which governs the waiver process in the child nutrition programs. This memorandum identifies the changes and provides guidance to be used in developing and submitting waiver requests to the child nutrition division.