(a) An individual is not eligible to receive SNAP benefits unless the individual is a resident of the United States who meets at least one (1) of the following:
- (1) Is a citizen or national of the United States.
(2) Is an alien lawfully admitted for permanent residence (as defined in 8 U.S.C. 1101(a)(20) as an immigrant (as defined in 8 U.S.C. 1101(a)(15)), not including the following:
- (A) An alien visitor.
- (B) A tourist.
- (C) A diplomat.
- (D) A student.
- (E) Any other individual admitted temporarily without intent to abandon the individual's residence in a foreign country.
- (3) Is an alien who has been granted the status of Cuban or Haitian entrant, as set forth in Section 501(e) of the Refugee Education Assistance Act of 1980.
- (4) Is an individual lawfully residing in the United States in accordance with a Compact of Free Association under 8 U.S.C. 1612(b)(2)(G).
- (b) The division shall verify that an individual is eligible for SNAP benefits under subsection (a) and 7 U.S.C. 2015(f) during enrollment and eligibility recertification by verifying citizenship or eligible alien status using the Social Security Administration database or the Systematic Alien Verification for Entitlements (SAVE) online service.
(c) If the division is unable to verify eligibility under subsection (b), the division shall verify citizenship through an acceptable form of proof of citizenship or eligible alien status. An acceptable form of proof includes the following:
- (1) A certified birth certificate.
- (2) United States passport.
(3) United States Citizenship and Immigration Services documentation.
The individual shall submit the documentation to the division required for verification under this subsection.
- (d) The division shall submit to the United States Department of Agriculture information concerning any household member for whom the division is unable to verify eligible citizenship or immigration status, regardless of whether the household member is applying to participate in SNAP as a member of the household.
(e) Notwithstanding any option set forth in 7 CFR 273.11(c)(3), the division:
- (1) shall consider the entire income and financial resources of any individual determined to be ineligible to participate in SNAP under subsection (a) or 7 U.S.C. 2015(f) when determining the eligibility and benefit allotment of the household of which the individual is a member; and
- (2) may not prorate or exclude the income or financial resources of the ineligible individual.
As added by P.L.63-2026, SEC.6.