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Tuesday, January 12, 2010

Q&A: Can HPRP funds be used to assist illegal immigrants? If so, what type of identification documentation is acceptable?

In accordance with Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, an alien (a person who is not a U.S. citizen or national) may be eligible for assistance under HPRP only if he or she is a “qualified alien” (defined in 8 U.S.C. 1641). This means that no entity that receives funds under HPRP may knowingly provide HPRP assistance to an alien who is not a qualified alien.
The law requires all state and local governments that directly administer HPRP assistance to first verify that an alien is a qualified alien before using HPRP funds to assist him or her. Nonprofit organizations that administer HPRP assistance are not required, but may, verify that an alien is a qualified alien in order to provide him or her with HPRP assistance. However, if a nonprofit organization pursues verification, it must follow the requirements set forth in the interim guidance published by the Department of Justice.
For more information on these requirements (including documentation), see the “Interim Guidance on Verification of Citizenship, Qualified Alien Status, and Eligibility under Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996,” 63 Federal Register 61344 (Nov. 17, 1997), available at http://www.gpoaccess.gov/fr/advanced.html. (Select 1997 Federal Register and search for page 61344. Scroll down through the list provided to find “Interim Guidance of Verification of Citizenship, Qualified Alien.”)
Grantees/subgrantees with additional questions are encouraged to contact their local US Citizenship and Immigration Services (USCIS) office. An office locator is available at https://egov.uscis.gov/crisgwi/go?action=offices

1 comment:

  1. HPRP administrators... "are not required, but may, verify that an alien is a qualified alien in order to provide him or her wiht HPRP assistance." This seems to provide a loop hole. If a program does not ask if a person is a qualified alien, then assistance can be provided, as long as the program staff do not "know." However, we also get photo ids and social security numbers of all the participants. The person can refuse to provide that documentation. But, I do not see how program staff could do a complete application without, at some point, coming to "know," or at least strongly suspect that a person is not a qualified alien. Is my sense about this valid, in others' opinion?

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