§233.4. Verification of citizenship of applicants for public benefits
A.Except as prohibited by federal law, a state agency or political subdivision shall
verify that each applicant who applies for federal, state, or local public benefit is a person
who has been recognized as a citizen of the United States by birthright, naturalization, or any
other method provided for under applicable federal law or has satisfactory immigration status
as a qualified alien as defined in 8 U.S.C. 1641(b). B.For an applicant claiming United States citizenship or satisfactory immigration
status under 8 U.S.C. 1641(b), the state agency or political subdivision shall make every
reasonable effort to ascertain verification of the applicant's citizenship or immigration status. C.Upon the termination of any reas
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§233.4. Verification of citizenship of applicants for public benefits
A. Except as prohibited by federal law, a state agency or political subdivision shall
verify that each applicant who applies for federal, state, or local public benefit is a person
who has been recognized as a citizen of the United States by birthright, naturalization, or any
other method provided for under applicable federal law or has satisfactory immigration status
as a qualified alien as defined in 8 U.S.C. 1641(b).
B. For an applicant claiming United States citizenship or satisfactory immigration
status under 8 U.S.C. 1641(b), the state agency or political subdivision shall make every
reasonable effort to ascertain verification of the applicant's citizenship or immigration status.
C. Upon the termination of any reasonable opportunity period to verify citizenship
status or receipt of a final verification that indicates that the applicant is not a United States
citizen or lacks satisfactory immigration status and has entered the United States without
inspection or admission or remained beyond the expiration of his authorized period of stay,
the state agency or political subdivision shall:
(1) Refer the applicant's information, including unsatisfactory immigration status,
to United States Immigration and Customs Enforcement.
(2) Provide a monthly report compiling the information pursuant to Paragraph (1)
of this Subsection to the secretary of state for voter list maintenance purposes.
(3) Terminate any recurring federal, state, or local public benefits as defined in
Subsection E of this Section.
D. A state agency or political subdivision that administers federal or state public
benefits shall report at the end of each fiscal year to the president of the Senate, speaker of
the House of Representatives, governor, and David R. Poynter Legislative Research Library
on the results of the citizenship verification requirements of this Section. The report shall
include but not be limited to the number of individuals reported to United States Immigration
and Customs Enforcement and the number of individuals who had public assistance
terminated in accordance with this Section.
E. For the purposes of this Section, a federal, state, or local public benefit shall
include any retirement, welfare, health, disability, public or assisted housing, food assistance,
unemployment benefit, or any other similar benefit for which payments or assistance are
provided to an individual, household, or family eligibility unit by an agency of the United
States, this state, or a political subdivision of this state or by appropriated funds of the United
States, this state, or a political subdivision of this state.
F. For purposes of any benefits paid by any public pension or retirement system,
fund, or plan, the verification of a public employee's United States citizenship or satisfactory
immigration status at the time of their enrollment in a public pension or retirement system,
fund, or plan shall satisfy the verification requirements of Subsection A of this Section.