MORE IMMIGRANTS CAN ACCESS THE FOOD STAMP PROGRAM

Beginning on April 1, 2003, low-income immigrants who have resided legally in the United States for 5 years or longer can begin receiving food stamp benefits. Eligible immigrants can start the application process immediately.

The Food Stamp Reauthorization Act of 2002 restored eligibility to certain categories of legal immigrants who had been disqualified from program participation as part of changes made in 1996.

The first major wave of food stamp immigrant restoration begins in April, when low-income lawful permanent residents (“green card” holders) and other immigrants who have had legal status in the U.S. for at least 5 years become newly eligible for food stamps. Also, starting on October 1, 2003, low-income legal immigrant children not already receiving food stamps become potentially eligible for these benefits, no matter how long they’ve been in the U.S.

Immigrants who were already eligible prior to last year’s food stamp reauthorization act continue to be eligible – refugees, asylees, Cuban-Haitian entrants, Amerasian immigrants, persons granted withholding of deportation, North American Indians born in Canada, and green card holders with sufficient work history in the U.S. (“40 quarters” test) or on active military duty or with honorable discharge status.

The Nutrition Consortium is hopeful that the change in the federal food stamp rules will bring many struggling immigrant families back into the Food Stamp Program. Additionally, according the Consortium’s Executive Director, Edie Mesick: “Communities will benefit economically from the infusion of additional federal dollars into local grocery stores, bodegas and farmers markets.”

However, immigrants face unique issues when dealing with government assistance programs. Immigrants are often reluctant to apply for food stamps but the INS has made clear that receipt of food stamps does not affect an immigrant’s INS or citizenship status.

Another issue facing immigrant households is that some members may be eligible for food stamps – such as U.S. citizen children – while a parent may not be. The Food Stamp Program allows the ineligible person to apply for benefits on behalf of any eligible household members. Yet nationwide only 38% of eligible citizen children living with non-citizen adults received food stamp benefits in 2000.

New York State has the second highest immigrant population in the nation – over 2 million people – according to U.S. Census Bureau data, and over 1/3 of New York’s poor and near-poor children live in non-citizen families.

The United States Department of Agriculture (USDA) administers the Food Stamp Program and pays 100% of the benefits. In order to qualify for food stamp benefits, households must meet food stamp income and resource rules and all other food stamp requirements. Households without a disabled or elderly member (age 60 or older) member must have gross income at or below 130% of the federal poverty level – no more than $23,532/year for a family of 4.

Households with elderly or disabled members may qualify even if their gross income exceeds these guidelines, depending on their shelter and medical expenses.

Households apply for food stamp benefits by filling out an application form and giving it to their local county department of social services (DSS) or, in New York City, to the Human Resources Administration (HRA). Food stamp application forms can be obtained at these agencies.

Immigrants who become eligible for food stamps can file applications at any time. The New York State Office of Temporary and Disability Assistance has a toll-free hotline (1-800-342-3009) in English and Spanish which can direct potential applicants to their local DSS or HRA office; the hotline can also refer callers to community agencies for assistance through the food stamp application process. Immigrants who speak languages other than English or Spanish can call the state’s Immigration Hotline – staffed by operators fluent in 16 different languages -- at 1-800-566-7636 for more information.