Ineligible Noncitizens

Definition [63-403.15, 63-402.221]

The noncitizens listed below are NOT eligible for CalFresh.

Visitors, tourists, diplomats and students who enter the U.S. temporarily with no intention of abandoning their residence in a foreign country. (Documentation: USCIS form I-94 annotated with any letter A through S. [Refer to Common-Place Handbook, [Refer to “Non-Immigrants,” page 11-22].]
In the U.S. due to voluntary departure in lieu of deportation or an indefinite stay of deportation. [Documentation: letter from USCIS or court order]
TRS noncitizens.
Has no documentation or the USCIS annotation is not sufficient to determine eligible noncitizen status.
PRUCOL noncitizen.
Any sponsored noncitizen who fails to provide a complete SAR 22 with income verification.
Any noncitizen who does not meet the criteria to be an eligible noncitizen. Refer to Eligible Non-citizens.

Reminder: CFAP eligibility must be explored for all noncitizens who do not meet the federal CalFresh program criteria. Refer to CFAP Requirements [63-403].

Treatment of Ineligible Noncitizens [63-503.442]

A household containing individuals excluded as ineligible noncitizens shall have its eligibility and monthly allotments for any remaining household members determined as follows:

All of the excluded noncitizen’s income, except the excluded person's prorated share, shall be counted in the CalFresh budget. [Refer to “Excluded and Non-household Members,” page 10-1], for examples and a complete discussion.]
When a CalFresh household receives a combined undifferentiated payment (e.g. joint earnings) with an ineligible noncitizen excluded member, the combined payment must be prorated. Refer to Combined Payments for a chart showing the correct proration method for combined payments.]

Noncitizens Under Order of Deportation

Regulation [63-405.8]

Noncitizens under an order of deportation shall be reported to the USCIS.
A referral to USCIS is required for any member of the CalFresh or applicant household who is ineligible to receive CalFresh because that member is in the U.S. under an order of deportation. “Household member” means a person:

Whose name appears on the application or other documents, and
Who would have been a CalFresh household member except for his/her noncitizen status.

EWs may discover that a noncitizen is under order of deportation by:

The noncitizen's or other household member's admission, and/or
Statements on CalFresh documents, and/or
Presentation of USCIS documents showing that the noncitizen is under order of deportation.

Procedure

If the EW discovers an order of deportation prior to the withdrawal of an application:

The household may withdraw the application.
The EW must still refer the noncitizen to USCIS. The EW shall complete the following steps.

Complete a memo with two copies for each noncitizen under order of deportation, including at least:
1. Name
2. Address
3. Date of birth
4. Evidence/circumstances which indicate that the noncitizen is under order of deportation.
Send original and one copy of the memo to:
1. CalFresh Coordinator, 5th Floor, 333 W. Julian Street
Keep one copy in the case file.

This is the ONLY situation when an undocumented noncitizen is referred to USCIS without the approval of the noncitizen.

Interviewing [63-300.4]

Questions that are not relevant to the determination of CalFresh eligibility or benefit level are prohibited.

EWs shall only ask questions pertaining to proper documentation of noncitizen status for purposes of establishing eligibility for CalFresh benefits. Asking the applicant/recipient if a household member is “an illegal alien/immigrant” or “has an order of deportation” is not relevant to CalFresh eligibility or benefit level.

EWs shall not pursue further clarification or verification unless requested to do so by the recipient.

Noncitizens who refuse or fail to provide appropriate documentation shall NOT be referred to USCIS.

Withdrawal

If a noncitizen applicant does NOT want the Social Services Agency to contact USCIS to verify his/her immigration status, the household must be given the option of withdrawing its application or participating without that member of the household. If the household chooses to exclude the individual, that individual is treated as an ineligible noncitizen. Refer to Ineligible Noncitizen, Ineligible ABAWD and SSN Excluded Members for treatment of this individual’s income.

Disclosure of Information to U.S. Consulate General Offices

The United States Consulate General Offices are mandated to refuse the visa application of any noncitizen who they believe is likely to become a public charge. In carrying out this function, they may ask if the visa applicant or visa applicant’s sponsor:

Is a current or former recipient of CalFresh, or
Owes a debt to the program.

The household MUST submit a WRITTEN authorization before any information may be disclosed to a U.S. Consulate General Office. A “Authorization for Release of Information” (CSF 13) form is recommended.

If a noncitizen makes a voluntary donation to FCS to repay legitimate CalFresh benefits, the Consulate General Office can ONLY be notified of the donated funds, if authorized IN WRITING to do so by the household.

Repayment of Legitimate CalFresh Benefits

Definition

Legitimate CalFresh benefits are benefits to which the individual was entitled and do not need to be repaid.

Repayment Policies

If an individual sends in a payment to repay legitimate CalFresh benefits, the following action must be taken:

Have the payment returned to the sender.
Send an FS 20 “You Do Not Owe Anything for Receiving CalFresh Benefits” to advise the individual that there is no debt.
Send an FS 21 “Release Form”.

Voluntary Donations

The FS 21 form is used if the individual wishes to make a voluntary donation to the federal government to repay benefits previously received. The FS 21 indicates that the signer understands:

There is no debt,
He/she is relinquishing all rights to the donated funds,
That the donation to FCS is not returnable, and
That he/she agrees that the funds are donated with no expectation of something in return from any governmental entity.

Only after the FS 21 release form is signed by the payer, can a donation be accepted on behalf of FCS when there is no outstanding claims. The check or money order MUST be made payable to Food and Consumer Services or FCS. Fiscal will forward the payment along with the original FS 21 to the appropriate FCS office.

Since the payment is a voluntary donation rather than repayment of a claim, the individual may pay all or part of the legitimate CalFresh benefits previously received by the household.

Note: The voluntary donation procedure may be used by ANY individual (whether an noncitizen or not) who wishes to repay all or part of the legitimate CalFresh benefits previously received by the household.