No. Getting SNAP/food stamps will not hurt your immigration status or create a "public charge" problem. SNAP/Food stamps are not considered cash assistance benefits. Receiving these benefits also has no impact on your ability to become a U.S. citizen if you are planning to naturalize. Other non-cash programs also do not cause public charge problems, including school breakfast or lunch, Women Infant and Children (WIC) benefits, MassHealth (other than long term care), housing subsidies, job training, child care, shelters, disaster relief, and health clinic services.
Further, DTA workers are not authorized to report you or share information with immigration authorities unless you give written permission. The information on your application is private. 106 C.M.R. § 360.400.
In some cases, an immigrant may be in the United States "unlawfully"— but it is not up to DTA to make that determination. The only circumstance where DTA can determine that you are "known to be in the U.S. unlawfully" is when DTA has seen a copy of your final order of deportation or other formal document that proves you are not here legally. 106 C.M.R. § 362.240(B). In that limited situation DTA is authorized to report you to the Department of Homeland Security without your permission. 106 C.M.R. § 362.220 (first section).
You cannot be reported just because you do not have any documents showing a status or because you chose to not provide information on your status. If you are not sure about your status or need legal advice, consult an immigration specialist.
Additional Policy Guidance on Immigration Status and Public Charge
Additional Policy Guidance on Immigration Status and Public Charge
- DTA brochure, "What Non-Citizens Need to Know." DTA Field Operations Memo 2004-34 (Sept. 20, 2004)
- DTA policy confirming that DTA staff can report to USCIS only when an immigrant provides a final order of deportation; reporting is done through DTA Central. DTA Transitions (Jan. 2004)
- "Unlawfully residing" involves a Final Order of Deportation or other formal USCIS document that shows a determination made of unlawful status. DTA Transitions (Feb. 2002)
Other Resources on Public Charge
- The Department of Homeland Security, U.S. Citizen & Immigration Service fact sheet on public charge, October, 2009, on their website. Includes USCIS list of programs not subject to the public charge consideration, including SNAP/food stamp benefits, WIC and other non-cash benefits.
- USDA statements on public charge and nutrition benefits, available in 34 languages. See the English version of the USDA statement on their website. USDA has also notified all state SNAP agencies of USCIS guidance that receipt of SNAP benefits does not lead to "public charge"
- Additional sources for information on immigrants and public benefits can be found on the National Immigration Law Center, and Mass. Immigrant and Refugee Advocacy Coalition websites.
Produced by Patricia Baker, Laura Gallant, Deborah Harris, Rochelle Hahn Massachusetts Law Reform Institute Last updated January 2011
