Assistance to Immigrant Families: Foodstamps

Immigrant Policy Project

The Federal and State Nutritional Assistance to Immigrant Families in a Post-Welfare World

Prepared by Laurie Hoogeveen
April 26, 2001

Thirty-one million people, including 12 million children, in the United States are food insecure, according the United States Department of Agriculture analysis of the Census Bureau annual food security survey (1). One avenue through which these individuals can alleviate their food insecurity is food stamps. However, some of these food insecure individuals are denied access to food stamps due to citizenship status. In addition, only 38% of citizen children living in immigrant families are receiving the food stamp benefits for which they are eligible (2).

Current and Pending Federal Legislation

The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) made most noncitizens ineligible for food stamps. Approximately one-third of these noncitizens were restored eligibility for food stamps by the Agriculture Research, Extension, and Education Reform Act of 1998. Immigrants remaining ineligible for food stamps are children who entered the U.S. after August 22, 1996, adults (18-64), those who entered the U.S. after August 22, 1996 and became disabled or reached aged 65, and refugees after seven years. (For more information about the details of these bills, see the Issue Brief on Nutritional Assistance--01/01/99.)

Regulations implementing the food stamp provisions of these bills were implemented by Food and Nutrition Services of the U.S. Department of Agriculture on November 21, 2000 (3). The 80-page regulation addresses several issues relating to immigrant access to food stamps, removing some of the barriers for eligible legal immigrants and eligible members of mixed legal status households. According to the regulation, states have the option to include only a pro rata share of immigrant household income if the immigrants are ineligible for food stamps under the pre-1996 law. If immigrants were made ineligible by the 1996 law, states can decide to count a pro rata share or none of the immigrant household income, but the benefit cannot exceed the amount the immigrant would have been eligible for prior to the 1996 law. The regulation also explains immigrant sponsor deeming and exempts indigent immigrants and battered immigrants from deeming for 12 months.

As part of a broader initiative, federal legislation entitled "Healthy Solutions for America's Hardworking Families," the Nutrition Assistance for Working Families and Seniors Act of 2001 would restore food stamp benefits to all legal immigrants who would otherwise be eligible. In addition to restoring immigrant access to food stamps, this bill would also make some changes to nutrition services for all recipients. By adjusting the family size standard deduction, the proposed legislation would end the child penalty. The bill would also count child support as part of the existing food stamp earnings disregard, thereby encouraging families receiving food stamps be paid child support. Over a period of three years, the minimum food stamp benefit would be increased from $10 to $25. To assist those moving from welfare to work, the bill would create a state option to initiate a fixed six-month transitional food stamp benefit. Finally, the bill would improve the availability and dissemination of food stamp eligibility and access information. Sens. Edward Kennedy (D-Massachusetts), James Jeffords (R-Vermont), and Lincoln Chafee (R-Rhode Island) introduced the bill in the Senate as S 583 on March 21.

As a result of the implementation of PRWORA, subsequent amendments, and previous legislation, the following people are eligible for food stamps:

Citizens;

Lawful permanent residents who can demonstrate 40 qualifying quarters of work;

Refugees, asylees, those whose deportation has been withheld, and Cuban, Haitians and Amerasians during their first seven years in the United States;

Veterans, active duty military, their spouses, and dependents;

Elderly immigrants who were 65 or older and present in the United States as of August 22, 1996;

Immigrants residing in the United States as of August 22, 1996, who meet the Food Stamp program's definition of disabled, regardless of when they became disabled;

Immigrant children under age 18 who were in the United States as of August 22, 1996;

Hmong and highland Lao tribe members who assisted the United States armed forces during the Vietnam War, their spouses, dependent children, and unremarried widow(er)s of those deceased; and

Certain Native Americans born in Canada or Mexico who are entitled under treaty law to reside in the United States.

State Programs and Initiatives

In 1999, Title VII of P. L. 105-18 gave states the option to purchase federal food stamps for noncitizens made ineligible for food stamp benefits solely because of their citizenship status. The following states restored benefits to some or all of those made ineligible because of their citizenship status.

States Purchasing Food Stamps for Legal Immigrants (dark gray)

States with Legislative Initiatives (light gray)

Maine, Minnesota, Nebraska, Washington, and Wisconsin extend food stamp benefits to all legal immigrants who are ineligible for Federal Food Stamps solely because of their citizenship status and regardless of date of entry. In Minnesota, non-citizens ineligible for Federal Food Stamps solely because of citizenship can receive state-funded food assistance in one of two ways. If they are eligible for the Minnesota Family Investment Program (MFIP), they qualify for food assistance through this program. If they are not eligible for MFIP, they may receive food assistance through the Minnesota Food Assistance Program (MFAP). During FY00, MFAP served 9,914 cases at a total cost of $1,073,604. However, as of July 1, 2002, only those persons 50 years of age or older will qualify for benefits under MFAP. In addition, as of July 1, 2001, legal noncitizens will no longer be eligible for state-funded assistance under MFIP. Wisconsin appropriated $4.6 million for FY98-99, and served around 4,500 noncitizens per month prior to the Agriculture Research, Extension, and Education Reform Act of 1998 and nearly 1,000 noncitizens per month after this law took effect.

California extends food stamp benefits to all eligible legal immigrants who were admitted to the United States on or before August 22, 1996, under its California Food Assistance Program (CFAP). Legal immigrants, who entered the United States after August 22, 1996, may be eligible for benefits if their sponsors are deceased, disabled, or abusive. Battered immigrants are also eligible for food stamps. In 1999, California passed a law to provide food stamps to all noncitizens who were made ineligible solely due to their citizenship status. The program was set to run from October 1, 1999, to September 30, 2001. A bill is currently in the California Assembly to extend these benefits indefinitely (CA AB 989). In FY99, California served 253,250 non-citizens, which is 11.6% of their total served population. California also served 70,340 refugees (3.2% of their total) (4). To continue to provide the California Food Assistance Program, the California 2000-2001 budget includes $51.1 million.

Massachusetts has created the State Supplemental Food Stamp Program (SSFSP) to provide state-funded food stamps to noncitizens who would otherwise be eligible for food stamps. In order to receive these benefits, the noncitizen must reside in Massachusetts continuously for 60 days before applying or reapplying. Those noncitizens receiving SSFSP benefits are not subject to the deeming requirements of the Federal Food Stamp Program. For FY01, Massachusetts appropriated $7,753,772 for its State Supplemental Food Stamp Program, down from the previous year's appropriation of $8,460,369.

Connecticut also extends food stamp benefits to legal immigrants who entered the United States prior to April 1, 1998, and are ineligible for federal food stamps solely because of citizenship. Immigrants entering the United States after April 1, 1998, must be residents of Connecticut for six months before they are eligible to receive food stamps from the state of Connecticut. Connecticut's provision of food stamps to legal immigrants was appropriated approximately $2.2 million for FY01.

Illinois provides food stamps for elderly immigrants (60-64 years of age) if the person was in the United States before August 22, 1996. In addition, immigrant parents of eligible children are provided food stamps if they were present in the Unite States before August 22, 1996.

Elderly immigrants ages 60-68 are eligible to receive food stamps from New York if they have lived in the same county or New York City since August 22, 1996. Also, for FY99-00, New York's Assembly proposed $12 million of its TANF surplus be used to provide alternative food assistance to legal immigrant parents of TANF eligible children.

If a child under the age of 18 entered the United States on or after August 22, 1996, Maryland will provide food stamps to them if they would otherwise be eligible. Missouri provides food stamps to legal immigrant TANF recipients.

New Jersey extends food stamp benefits through its Supplementary Food Stamp Program to immigrant parents or guardians of children if they entered the United States before August 22, 1996. The legislature provided a fiscal estimate during the debate of the bill that created this program; it recommended that $6.7 million be appropriated for the New Jersey Supplementary Food Stamp Program.

Rhode Island provides benefits to legal immigrant residents of Rhode Island who were such residents before August 22, 1996.

To qualify for Ohio's State-Funded Food Stamp Program for Qualified Aliens, a qualified alien must 1) be ineligible for federal food stamps solely because of his/her citizenship status, 2) be eligible for supplemental security income benefits, 3) have been residing in Ohio as of and since August 22, 1996, and 4) have resided in the United States for seven years and be pursuing naturalization.

Elderly immigrant residents of Texas might be eligible for food stamps if they 1) entered the United States before August 22, 1996, 2) became 65 after that date but before March 1, 1998, and 3) received federal food stamps during any month from September 1996 to August 1997. A bill (TX H 1218) currently in the Texas House of Representatives would restore food stamp benefits to qualified aliens who were either 65 or older or eligible for food stamps for any time during the last month they received them before the change in law.

States with pending legislation to restore benefits to immigrants.

Hawaii H 367: This bill initiates a program to assist limited English proficient eligible immigrants as they apply for naturalization/citizenship. Program would specifically target immigrants who have lost benefits due to their citizenship status.

Oregon S 797: This bill would require that the income of ineligible household members be disregarded when calculating eligible members' food stamp benefits.

1. Andrews, Margaret, et. al. Household Food Security in the United States 1999. Economic Research Service/U.S. Department of Agrictulture, 1999. (Back to Text)

2. Castner, Laura. Trends in FSP participation Rates: Focus on 1994 To 1998. U.S. Department of Agriculture, November 2000. (Back to Text)

3. Food Stamp Program, 65 Fed. Reg. 70201, to be codified at 7 C.F.R. 273.4(c)(3)(iv) (Back to Text)

4. Food Stamps Characteristics Survey: Federal Fiscal Year 1999. California Department of Social Services, 2000. (Back to Text)