DEPARTMENT OF REVENUE Taxpayer service Division - Tax Group RULES FOR EVIDENCE OF LAWFUL PRESENCE 1 CCR 201-17 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] 1. Definitions 1.1. Applicant - Any natural person eighteen years of age or older seeking non-exempt Public Benefits for themselves as set forth in §24-76.5-102 and 103 C.R.S. [Emer. Eff 08/01/2006] 1.2. Benefit Agency - Agency of the state or of any political subdivision of the state of Colorado providing Public Benefits as defined in §24-76.5-102 C.R.S. [Emer. Eff 08/01/2006] 1.3. Department - The Colorado Department of Revenue. [Emer. Eff 08/01/2006] 1.4. Director - The Executive Director of the Colorado Department of Revenue. [Emer. Eff 08/01/2006] 1.5. Electronic Identification Indicator - An entry, valid until March 1, 2007, located in the Department’s Driver’s License System database that indicates either Applicant’s lawful presence or insufficient evidence of lawful presence. [Emer. Eff 08/01/2006] 1.6. Immigration Documents - Any of the following: [Emer. Eff 08/01/2006] 1.6.1. Unexpired Foreign Passport bearing an unexpired “Processed for I-551” stamp or with an attached unexpired “Temporary I-551” visa. [Emer. Eff 08/01/2006] 1.6.2. Unexpired Foreign Passport accompanied by an “I-94” indicating a specific future “until” date. [Emer. Eff 08/01/2006] 1.6.3. “I-94” with refugee or asylum status. [Emer. Eff 08/01/2006] 1.6.4. Unexpired “Resident Alien” card, “Permanent Resident” card, “Temporary Resident” card, or “Employment Authorization” card. [Emer. Eff 08/01/2006] 1.7. Request for Waiver - Request form (attached as an exhibit to these rules and incorporated herein) completed by an Applicant seeking a determination of lawful presence by the Department and resulting in an Electronic Identification Indicator. The Request for Waiver must be accompanied by all documents that Applicant can produce to verify name and proof of lawful presence. [Emer. Eff 08/01/2006] 1.8. SAVE - The Systematic Alien Verification for Entitlements Program administered by the United States Citizenship and Immigration Services of the Department of Homeland Security. [Emer. Eff 08/01/2006] 2. Identification Documents 2.1. A first time Applicant or Applicant seeking to reapply for public benefits on or after August 1, 2006 may demonstrate lawful presence by both executing the affidavit required in §24-76.5-103(4)(b) C.R.S. and producing: [Emer. Eff 08/07/2006] 2.1.1. One of the forms of identification set forth in §24-76.5-103(4)(a) C.R.S., except that for purposes of §24-76.5-103(4)(a)(1), a Valid Colorado Driver’s License or Identification Card includes only a current Driver’s License, Minor Driver’s License, Probationary Driver’s License, Commercial Driver’s License, Restricted Driver’s License, Instruction Permit or Identification Card; [Emer. Eff 08/07/2006] 2.1.2. Alternative Identification allowed until March 1, 2007, as follows: [Emer. Eff 08/07/2006] 2.1.2.1. Certificate verifying naturalized status Issued by an authorized agency of the United States bearing Applicant’s intact photograph impressed with the raised embossed seal of the issuing agency; [Emer. Eff 08/07/2006] 2.1.2.2. Certificate verifying United States citizenship issued by an authorized agency of the United States bearing Applicant’s intact photograph impressed with the raised embossed seal of the issuing agency; [Emer. Eff 08/07/2006] 2.1.2.3. Valid Driver’s License or Identification Card bearing Applicant’s photograph issued by one of the following: Alabama, Arizona, Arkansas, California, Connecticut, Delaware, District of Columbia, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New York, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Virginia, West Virginia, and Wyoming; [Emer. Eff 08/07/2006] 2.1.2.4. Valid Immigration Documents demonstrating Lawful Presence and verified through SAVE. [Emer. Eff 08/07/2006] 3. Waiver Process 3.1. A first time Applicant or Applicant seeking to reapply for public benefits on or after August 1, 2006 and before March 1, 2007, may demonstrate lawful presence by both executing the affidavit required in §24-76.5-103(4)(b) C.R.S. and being verified with an Electronic Identification Indicator (“EII” ). [Emer. Eff 08/07/2006] 3.1.1. Applicants who qualify for this EII process are those who: [Emer. Eff 08/07/2006] 3.1.1.1. due to chronic health or medical condition, lacks sufficient mobility to appear in person to apply for a Colorado Driver’s License or Identification Card, [Emer. Eff 08/07/2006] 3.1.1.2. due to lack of a permanent physical address in Colorado, does not qualify for a Colorado Driver’s License or Identification Card, or [Emer. Eff 08/07/2006] 3.1.1.3. may lack sufficient documentation to receive a Colorado Driver’s License or Identification Card. [Emer. Eff 08/07/2006] 3.1.2. Upon receipt of a Request for Waiver together with all supporting documentation The Department will establish the Electronic Identification Indicator. Until March 1, 2007, any Benefit Agency may rely on electronic verification of lawful presence from the Department evidenced by the Electronic Identification Indicator. [Emer. Eff 08/07/2006] 3.1.3. The Benefit Agency is responsible for verifying that their Applicant is the same individual indicated as being lawfully present with an Electronic Identification Indicator. [Emer. Eff 08/07/2006] 3.2. A state agency may apply to the director for a waiver for a specific program under which the applicant’s lawful presence will be verified through a related state or federal program contemporaneous to the current application. Likewise, a local agency may request a waiver from the director for a specific program under which the applicant’s lawful presence will be verified through a related local, state or federal program contemporaneous to the current application. [Emer. Eff 08/07/2006] 4. Required Advisement 4.1. A Benefit Agency awarding benefits based on Alternative Identification set forth in 2.1.2. above or the Electronic Identification Indicator must advise Applicant of the following: [Emer. Eff 08/01/2006] 4.1.1. Under current Colorado law, in order to receive benefits beyond March 1, 2007, Applicant must produce one of the forms of identification set forth in §24-76.5-103(4)(a) C.R.S.; [Emer. Eff 08/01/2006] 4.1.2. As soon as possible, Applicant should begin working diligently to secure the appropriate identification document; and [Emer. Eff 08/01/2006] 4.1.3. A determination of eligibility for benefits based on an Alternative Identification or the Electronic Identification Indicator in no way constitutes a representation that Applicant has provided sufficient information or documentation to support the issuance of one of the forms of identification set forth in §24-76.5-103(4)(a) C.R.S. [Emer. Eff 08/01/2006] ___________________________________________________ Editor’s Notes History Emer. entire rule Eff. 08/01/2006. Emer. sections 2 - 3 Eff. 08/07/2006.