Use the following protocols developed by the Minnesota Department of Children, Youth, and Families (DCYF) regarding the release of data to the federal government. These protocols were developed to define the respective responsibilities for state and county agencies and Tribal Nations for gathering information about non-citizens and sharing information with the federal government.

Under Minnesota’s state-supervised county-administered public benefits structure, reporting to the federal government is the responsibility of the State. County agencies, and Tribal Nations participating in the administration of programs such as Tribal MFIP and SNAP, have duties to follow the processes and procedures set forth in the statewide system. Different federal programs have different reporting requirements which the State must follow.

REQUIRED REPORTING

DCYF has the responsibility under federal law to report information about certain undocumented immigrants who are applying for particular federal benefits in specific circumstances. The duty to report never applies to nonapplicants, who are family or household members seeking benefits on behalf of other eligible people in the household but are not seeking benefits themselves. The reporting requirement is only applicable to certain federal programs, including TANF (federally-funded MFIP), SNAP, SSI and public housing. Minnesota health care and other state programs do not have reporting requirements regarding non-citizen applicants.

County agencies and Tribal Nations must report to the Minnesota Department of Children, Youth, and Families (DCYF) information on any person applying for the above federal benefits who is known to be unlawfully present in the United States.

You will know that a non-citizen is not lawfully present in the United States ONLY when unlawful presence that is made as part of a formal determination, subject to administrative review, on a non-citizen’s claim for federal benefits. The finding of unlawful presence must be supported by a determination by USCIS or the Executive Office of Immigration Review (EOIR) under the U.S. Department of Justice. Do not consider a non-citizen to be known to be unlawfully present in the United States under any other circumstances. A Systematic Alien Verification for Entitlements (SAVE) response showing no record on a person, or an immigration status making the person ineligible for benefits is NOT a finding of fact or conclusion of law that the person is not lawfully present. Do not assume a non-citizen is unlawfully present in the United States if the unit indicates that a unit member is here unlawfully without verification, or if the unit member chooses not to submit documentation, or if the documentation submitted does not evidence a lawful immigration status, or if any individual household member withdraws their request for benefits.

USE OF SAVE

DO NOT use SAVE to verify immigration status unless you have first determined that the applicant meets all other eligibility factors, the applicant’s reported immigration status and documentation are consistent with one another, and the applicant has presented acceptable immigration documentation which evidences an immigration status or class of admission that would be eligible for the benefits. See 0031.30 (Verifications – Acceptable Immigration Documents) and 0031.30.01 (Verifications - When to Run SAVE).

Eligibility workers must use the USCIS SAVE system for verification of immigration eligibility for benefits. Users granted access to SAVE must comply with all training and other requirements for its use and are only authorized to use SAVE for the purpose of determining the eligibility of persons applying for benefits. Eligibility workers are not authorized to otherwise contact the Department of Homeland Security, or its agencies USCIS or ICE, to verify or report immigration status unless the applicant provides express written authorization to do so, for data privacy reasons. (See also EPM 2.1.2.2.1 for health care protocols).

REPORTING PROCEDURE

If you receive verification from USCIS that a non-citizen is known to be unlawfully present in the United States as a finding of fact or conclusion of law as part of a formal government determination, submit ALL of the following information to DCYF:

●	Complete name.
●	Address.
●	Case number.
●	A copy of the formal determination of unlawful presence by USCIS or EOIR. If the verification is a SAVE response indicating the person is subject to a Final Deportation Order or has a similar status, submit a screen print of the response.

Submit this information to:

●	DCYF: legalandcompliance.dcyf@state.mn.us

For reasons of data privacy and protection, the Minnesota Department of Children, Youth, and Families, as the state entity responsible for implementing the applicable public benefits programs, has the unique authority and responsibility in law of reporting any unlawful presence known to either agency to the federal government.

County agencies and Tribal Nations must comply with government data practices, data privacy and civil rights laws as they administer the state’s programs. Misapplication of policy and protocols could lead to serious violations of federal and state law, particularly concerning an individual’s civil rights on the basis of national origin.

Failure to comply with these protocols regarding federal reporting requirements may result in legal liability, violation of user agreements for SAVE, and penalties for data privacy and security violations, which may include disciplinary action, termination of funds, and other civil and criminal actions.