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Minnesota Department of Human Services Child Care Assistance Program (CCAP) Policy Manual
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4.15 Citizenship and Immigration Status

ISSUE DATE: 12/2014

Citizenship or immigration status of the child seeking assistance can affect eligibility. United States citizens are always eligible if they meet other eligibility criteria. Eligibility of non-citizens depends on the setting where child care will be provided and their United States Citizenship and Immigration Services (USCIS) classification. See Chapter 7.12 (Verifying Citizenship and Immigration Status) for information on how to verify immigration status.

Citizenship and immigration status do not affect a non-citizen’s eligibility to participate in Head Start or non-postsecondary educational programs. Consequently, when child care assistance will be used to pay for child care in a setting subject to public educational standards, such as Head Start or a pre-kindergarten or a school-age care program operated under public education standards, citizenship or immigration status does not have to be determined or verified.

The child is the beneficiary of child care assistance benefits. Therefore, when child care is provided in a setting not subject to public educational standards, the county must verify only the citizenship and immigration status of the child for whom child care assistance is sought. Do not ask for citizenship or immigration information from anyone in the family other than the child for whom child care assistance is sought.

Immigration status can change. Check with participants at appropriate intervals to see if the child’s status has changed. For example:

Check when the citizenship waiting period is over.

Check at the ending date for non-citizens who are granted status with an ending date.

Non-citizens are people present in the United States who have not attained United States citizenship by birth or naturalization. Non-citizen children who are lawfully residing in the United States meet the technical requirement for immigration status. Non-citizens fall into the following broad categories:

LAWFUL PERMANENT RESIDENTS (LPR): LPRs are immigrants who have been granted permission to live and work in the United States on a permanent basis.

PEOPLE FLEEING PERSECUTION: Includes refugees, people granted asylum or withholding of deportation (or removal), Cuban or Haitian entrants, and Amerasian immigrants from Vietnam.

LAWFULLY RESIDING NON-CITIZENS: Includes people with permission to live and work in the United States on a temporary basis, such as people granted parole, temporary protected status (TPS), deferred enforced departure (DED), or other temporary status.

NON-IMMIGRANT: People such as tourists, students, business visitors, diplomats, and others who have permission to enter the United States for a limited period of time, but have not abandoned their residence in their home country.

UNDOCUMENTED PEOPLE: People who do not have permission to enter or stay in the United States.

Deny assistance when:

The setting where child care will be or is being provided is not subject to public educational standards (such as a Head Start or a pre-kindergarten or a school-age care program operated under public education standards).

AND

The county cannot verify that any of the children for whom assistance is being sought or paid have a citizenship or immigration status that makes them eligible for child care assistance.

LEGAL AUTHORITY
Minnesota Rules 3400.0040

Minnesota Statutes 119B.025

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© 2017 Minnesota Department of Human Services Updated: 12/11/14 1:48 PM | Accessibility | Terms/Policy | Contact DHS | Top of Page | Updated: 12/11/14 1:48 PM