305.14 Special Category Non-Citizens Eligible Without Restriction (FSM)

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Certain non-citizens are eligible for Food Stamp benefits on the same basis as U.S. citizens (i.e., they do not have to be qualified aliens):

• U.S. Non-Citizen National: Individuals born in an outlying possession of the U.S. (American Samoa or Swain’s Island) on or after the date the U.S. acquired the possession.

• Native American Indians: Non-citizen members of a Federally-recognized Indian tribe as defined in section 4(e) of the Indian Self-determination and Education Assistance Act [25 USC 450(e)], or were born in Canada and are covered under the provisions of section 289 of the Immigration and Nationality Act (8 USC 1359), including Native Americans who are entitled to cross the United States border into Canada or Mexico. Native American and Canadian-born Indians must have at least 50% American Indian blood.

• Hmong or Highland Laotian Tribe Members: Hmong or Highland Laotian tribe members currently legally residing in the US who were tribal members at the time the tribe rendered assistance to US forces during the Vietnam military or rescue operation beginning August 5, 1964, and ending May 7, 1975*, and spouses or unremarried surviving spouses, and unmarried dependent children of the tribe member.

Also see Section 305.01, Definition of US Citizen.

References: 7 CFR 273.4(a)(2)-(4)