HAR §17-655-40. Purpose

The purpose of this subchapter is to establish the citizenship and alienage requirements an individual or family shall meet to be eligible for financial and food stamp assistance. [Eff 3/19/93; am 8/1/94 ] (Auth: HRS §346-14) (Imp: HRS §346-14) §17-655-41 Citizens and aliens eligible for financial assistance. (a) In order to receive assistance, an otherwise eligible individual shall be: (1) A citizen of the United States. A citizen of the United States shall include: (A) The fifty states, the District of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands, and the Northern Mariana Islands; and (B) Nationals from American Samoa and Swain's Island. (2) An alien lawfully admitted for permanent residence as an immigrant under section 101(a)(20) of the INA (8 U.S.C. §1101(a)(20). (3) An alien granted asylum under section 208 of the INA. (4) A refugee admitted to the United States under section 207 of the INA. (5) An alien paroled into the United States under section 212(d)(5) of the INA for at least one year. (6) An alien whose deportation is being withheld under section 243(h) of the INA as in effect prior to April 1, 1997, or whose removal is being withheld under section 241(b)(3) of the INA. 655-26 (7) An alien granted conditional entry pursuant to section 203(a)(7) of the INA as in effect prior to April 1, 1980. (8) An alien who is a Cuban or Haitian entrant as defined in section 501(e) of the Refugee Education Assistance Act of 1980. (9) An American Indian born in Canada to whom the provisions of section 289 of the INA apply. (10) An American immigrant, pursuant to section 584 of the Foreign Operations, Export Financing and Related Program Appropriations Act of 1988. (11) An alien who or whose child or parent has been battered or subjected to extreme cruelty in the United States and otherwise satisfies the requirements of section 431(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. (12) An alien admitted under provisions of Public Law 99-239, the Compact of Free Association Act of 1985, with respect to the Republic of Palau or the Republic of the Marshall Islands or the Federated States of Micronesia. (13) An alien who is on active duty or has been honorably discharged from the U.S. Armed Forces, and that individual’s spouse and unmarried dependent children. (b) The following aliens shall be excluded from receiving assistance: (1) Visitors; (2) Tourists; (3) Diplomats; (4) Students who enter the United States temporarily with no intention of abandoning residence in a foreign country; and (5) Aliens unable to furnish the required identification. These aliens shall be advised that upon presentation of the proper documentation, the alien shall be eligible to 655-27 apply for assistance. [Eff 3/19/93; am 8/1/94; am 10/28/96; am 7/16/99 ] (Auth: HRS §346-14) (Imp: HRS §346-71; 7 C.F.R. §273.4; 45 C.F.R. §233.50; the Immigration and Nationality Act; Pub. L. No. 104-193 (1996)) §17-655-41.1 Citizens eligible for food stamp assistance. In order to receive assistance, an otherwise eligible individual shall be a citizen of the United States. A citizen of the United States shall include: (1) The fifty states, the District of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands and the Northern Mariana Islands; and (2) Nationals from American Samoa and Swain's Island. [Eff 10/28/96; am 7/16/99 ] Auth: HRS §346-14) (Imp: 7 C.F.R. §273.4; Pub. L. No. 104-193 (1996))