You have the right to apply for eligible household members, such as U.S. citizen children, and exclude from the application immigrant members who are not eligible or do not want to apply. When you apply, you need to indicate which household members are not seeking benefits.
DTA should not proceed with efforts to verify your status if you or other household members do not wish to apply. 106 C.M.R. § 362.220. DTA should only ask for proof of the U.S. citizenship of your children if "questionable." 106 C.M.R. § 362.210. However, even if you chose to not apply or are not eligible, as a person legally responsible for your children, you must provide DTA with information on your income and expenses.
- The fact that you are an immigrant does not make the U.S. citizenship of your children questionable. DTA cannot demand proof of their citizenship unless there is a reasonable basis for DTA to question it. Contact Legal Services if unreasonable demands for verification.
- The DTA paper SNAP/food stamp application has a section that allows applicants to identify immigrant household members not seeking benefits. If you are apply for benefits through the internet (the Virtual Gateway), there is no section to declare who is not applying. You can send a written statement with the other proofs sent in to clarify who is and is not applying for benefits. DTA should verbally ask this question during your interview or if you are applying in person.
- Although you are not required to give information on your own immigration status if you are not applying for benefits for yourself, your eligible children may get higher benefits if you have legal status and give DTA proof of that status. DTA uses a favorable income calculation for households that include ineligible but legally present immigrants residing with the food stamp household. See 106 C.M.R. §§ 362.220, 365.520(B), and How does DTA count the income of an ineligible immigrant who lives with eligible persons?
Additional Policy Guidance on mixed household eligibility
Additional Policy Guidance on mixed household eligibility
- Extensive guidance to DTA regarding right of non-citizen to not provide information on immigration status and opt out of SNAP/food stamp application, and to apply for just eligible family members. Guidance includes opt-out form, client brochure and resource list of agencies. DTA Field Operations Memo 2004-34 (Sept. 24, 2004)
- Advisory to workers that HHS Office of Civil Rights is concerned about DTA local office practices discouraging non-citizens from applying for themselves and/or eligible children. DTA Transitions (Jan. 2004)
- U.S. citizenship of children is not questionable solely because parents are immigrants. DTA Transitions (Mar. 2006)
- DTA must use favorable financial calculation for mixed households where parents provide information on legal status. DTA Transitions (Apr. 2005)
Produced by Patricia Baker, Laura Gallant, Deborah Harris, Rochelle Hahn Massachusetts Law Reform Institute Last updated January 2011
