305.23 Reporting Illegal Aliens to USCIS (AAM)

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DHHS will notify the following groups within 10 calendar days:

•       The United States Citizenship and Immigration Services (USCIS) (attn.: Investigations) whenever a household or assistance group (AG) member proves to be an illegal alien or in any of the following situations:

-    Illegally remaining in the U.S.; or

-    USCIS documents presented by the household during the application process are determined to be forged;

•       The U.S. Attorney General’s office when the alien’s sponsor is sued for failure to provide support and a final civil judgment against the sponsor has been obtained.

Example:

A formal order of deportation or removal presented by the AG during the application or redetermination process is evidence of the USCIS support of the finding of an unlawful presence.

Exception:

Inability or unwillingness to verify noncitizen status is not sufficient for a determination of illegality.

References: He-W 601.01; He-W 606.02; 45 CFR 233.50; 42 USC 1320b-7(d); 8 USC 1644

Editorial Revisions Made: 11/2023