303.27 Reporting Illegal Non-Citizens to USCIS (MAM)

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Within 10 calendar days, inform:

·       the U.S. of Citizenship and Immigration Services (USCIS) (attn.: Investigations) whenever an assistance group member is known to be an illegal non-citizen. "Illegality" implies that the non-citizen has either entered the country illegally or is illegally remaining in the U.S. DHHS staff "know" a non-citizen is illegal when the assistance group member's unlawful presence is supported by a finding of fact or conclusion of law.

·       the U.S. Attorney General when the non-citizen sponsor is sued for failure to support the non-citizen and a final civil judgment against the sponsor has been obtained.

Reporting Illegal Immigrants

Reporting is limited only to individuals applying for assistance. This may include household members who wish to be included in the assistance group. Report an illegal immigrant to USCIS when:

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

·       a duly authorized individual renders a finding of fact or conclusion of law indicating the applicant's presence is not lawful which is supported by a determination by USCIS or the Executive Office of Immigration Review. A formal order of deportation or removal presented by the household during the application or recertification process is evidence of the USCIS' support of the finding of unlawful presence.

Any members of the household who are excluded either by choice or by policy from the assistance group are not to be reported even when the supporting documentation is present.

Staff must not report an illegal immigrant to USCIS for a non-citizen's:

·       inability, unwillingness, or failure to verify non-citizen status. Deny the request for assistance for failure to provide necessary information; or

·       self-declaration of being illegally present in the U.S., unless accompanied by a determination by USCIS or the Executive Office of Immigration Review. If not accompanied by a finding of fact, the prerequisite of "knowing" the immigrant is illegal has not been met.

References: 45 CFR 233.50

Editorial Revisions Made: 04/2024