305.29 Reporting Illegal and Indigent Aliens (FSM)

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Within 10 calendar days, inform:

• U.S. Citizenship and Immigration Services (USCIS) (attn.: Investigations) whenever an * assistance group member is known to be an illegal alien. DFA 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 alien sponsor is sued for failure to support the alien and a final civil judgment against the sponsor has been obtained.

• the U.S. Attorney General when it is determined that an alien is indigent and consequently exempt from sponsor-to-immigrant deeming. See FSM 611.04, Exceptions to the Sponsor-to-Immigrant Deeming Principles.

Reporting Illegal Immigrants:

Report an illegal immigrant to USCIS when:

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• 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.

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

• inability or unwillingness 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: 7 CFR 273.4(b), 8 USC 1644