National Campaign for Sustainable Agriculture

Partial Restoration of Benefits to Legal Immigrants

2002 Farm Bill-Section 4401

Program Description

Title IV, the Food Stamp Reauthorization Act of 2002, adds $6.4 billion in new funds to the Food Stamp Program and other nutrition programs over the next ten years, through a number of program enhancements. It gives states new flexibility to improve the Food Stamp Program for low-income residents and expands eligibility for approximately 400,000 legal immigrants.

Full implementation of these new provisions is important for families and communities. Each $5 in additional federally funded food stamp benefits generates approximately $10 in economic activity.

Program Administration

The U.S. Department of Agriculture's Food and Nutrition Service (USDA's FNS) has responsibility for overseeing the program, which is administered through the states. Local food stamp offices may be listed in the State or local government pages of the telephone book. The office should be listed under "Food Stamps," "Social Services," "Human Services," "Public Assistance," or a similar title. Or call your State's food stamp hotline (http://www.fns.usda.gov/fsp/contact_info/hotlines.htm). Most are toll-free numbers. You can also get information from USDA's toll-free number (1-880-221-5689).

Program Status

USDA will promulgate formal regulations, but its rulemaking process often takes several years to complete. Once USDA does propose rules, members of the public will have an opportunity to comment before final rules are issued. In the interim, USDA is providing states with policy guidance on implementing the new provisions. Some policy "question and answer" pieces have already been posted on the FNS web site.

How the Program is Funded

The Food Stamp Program is an entitlement program with mandatory funding. The actual amounts expended depend on the numbers of people who enroll.

Using the Program

In order to participate, an individual (or his/her representative) fills out an application, usually at a local public assistance office, and provides verification of certain household income and resources. Those who are not applying for benefits for themselves do not need to provide their own Social Security numbers, but will have to provide information about their income and assets.

Timeline for Application

States must begin accepting applications on March 1 for those legal immigrants who will become eligible on April 1, 2003. Many states will accept applications in February, although the benefits will not begin until April.

Who Qualifies

Section 4401 of the Act restores eligibility for certain "qualified immigrants," but phases in the restoration gradually:

Qualified immigrants will become eligible after they have lived in the U.S. for five years. By definition, this provision restores full eligibility for all refugees and asylees, who are already eligible for food stamps during their first seven years in the U.S. This provision became effective April 1, 2003.
Disabled qualified immigrants who receive a disability benefit (such as disability-related Medicaid) will be eligible, regardless of date of entry into the U.S. This restoration took effect October 1, 2002.
All qualified immigrant children became eligible for food stamps effective October 1, 2003. Sponsor deeming rules do not apply to children.

These restorations broaden legal immigrant eligibility that otherwise has been restricted to refugees and asylees for their first seven years, those legal immigrants with 40 quarters covered work history, those with a U.S. military service record, or those who were in the U.S. by August 22, 1996 and were 65 or older at that time, now a child, or now disabled.

U.S. citizen children who reside with ineligible legal immigrants have always been eligible, but they are underrepresented in Food Stamp caseloads. With more of their parents becoming eligible, their participation may also increase.

In addition to fitting one of the legal immigrant restoration categories described above, legal immigrants will need to satisfy the regular income and resource tests of the Food Stamp Program. Households with a member age 60 or older or disabled may have up to $3,000 in countable assets; other households may have up to $2,000. Special rules ignore much of the value of a vehicle owned by the household. Monthly income limits vary by household size: For a household of three, gross monthly income is limited to $1,628; net monthly income is limited to $1,252.

Who to Contact

Ellen Vollinger, Legal Director for the Food Research and Action Center (FRAC), 202- 986-2200 x3016, evollinger@frac.org

Food Research and Action Center, food stamp reauthorization http://www.frac.org/html/actioncenters/fsindex.html

USDA's Food Stamp page http://www.fns.usda.gov/fsp/