A United States citizen is an individual who was born anywhere in the United States or its territories, including Puerto Rico, Guam and the U.S. Virgin Islands. Individuals from the American Samoa or Swain's Island are also considered U.S. citizens for benefits purposes.
An individual who was born in another country and was granted U.S. citizenship through the naturalization process is also a U.S. citizen. 106 C.M.R. § 362.200.
In addition, there are persons who have "derived citienship" which is based on the U.S. citizenship of their parents. If an individual was born abroad and at least one of the biological parents was a U.S. born citizen at the time of the child's birth and lived in the U.S. at any time prior to the birth, the individual has derived citizenship. An individual born abroad also has "derived citizenship" where both parents naturalized to U.S. citizenship before the child turned age 18. 106 C.M.R. § 362.210. These individuals do not need to petition for U.S. citizenship or naturalize in order to be considered a U.S. citizen and is eligible for SNAP/food stamp benefits.
Under the SNAP/food stamp program, you are not required to verify U.S. citizenship unless the information provided is questionable. 106 C.M.R. § 362.210. The program rules allow you to self-declare, under penalty of perjury, that you are a U.S. citizen. DTA must accept this certification unless there is some basis for it being questionable. See What if I am having trouble getting all the proofs, or the proofs get to DTA late? The recent changes in the federal Medicaid law which require verification of U.S. citizenship do not affect SNAP/food stamps program.
Advocacy Reminders
- Persons born in Puerto Rico do not need to re-verify identity, age, date of birth or U.S. citizenship unless information provided is questionable. Recent actions by the Commonwealth of Puerto Rico to void birth certificates issued prior to July 2010 should not affect most SNAP/food stamp applicants or recipients.
- It may be helpful to ask an individual born abroad if either of his or her parents were a U.S. citizen or if they naturalized before he or she turned age 18. Some clients may not know they have "derived" citizenship.
Additional Policy Guidance on Citizenship
Additional Policy Guidance on Citizenship
- Federal medical law effective July 2006 requiring Medicaid/MassHealth recipients verify U.S. citizenship does not affect SNAP/food stamp households. DTA Field Operations Memo 2007-25 (March 21, 2007)
- U.S. citizenship of children is not questionable solely because parents are immigrants. DTA Transitions (Mar. 2006)
- Foreign-born children of U.S.-born and/or naturalized U.S. citizens are themselves U.S. citizens and meet the SNAP/food stamp eligibility requirements. DTA Transitions (May 2006)
- DTA guidance on handling cases for individuals with voided Puerto Rican birth certificates; U.S. citizenship can be self-declared unless questionable. DTA Field Operations Memo 2010-49 (Nov. 1, 2010)
Produced by Patricia Baker, Laura Gallant, Deborah Harris, Rochelle Hahn Massachusetts Law Reform Institute Last updated January 2011
