# 8.139.410.9 NMAC: Section 9. Citizenship And Immigration Status For Eligibility

> New Mexico · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/SREGS_NM_T8_C139_P410_S9

## Section

- **Citation:** 8.139.410.9 NMAC
- **Heading:** Section 9. Citizenship And Immigration Status For Eligibility
- **Jurisdiction:** New Mexico
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** NMAC / Title 8 (SOCIAL SERVICES) / Chapter 139 (FOOD STAMP PROGRAM) / Part 410 (GENERAL RECIPIENT REQUIREMENTS - NONFINANCIAL ELIGIBILITY) / Section 9

## Text

Participation in SNAP is limited to individuals who live in the United States and who are U.S. citizens or are otherwise eligible per the criteria below. The department will determine eligibility for non-citizens in accordance with 7 CFR 273.2 and 7 CFR 273.4. No individual is eligible to participate in SNAP unless that individual is otherwise eligible and is: A. A U.S. citizen; B. A U.S. non-citizen national; C. An individual who is: (1) a member of Hmong or Laotian tribe during the Vietnam era, when the tribe militarily assisted the U.S.; (including a spouse, surviving spouse, or child of tribe member) who are lawfully present in the U.S.; (2) an American Indian born in Canada who possesses at least fifty percent of blood of the American Indian race to whom the provisions of section 289 of the Immigration and Nationality Act apply; or a member of an Indian tribe as defined at section 4(e) of 25 U.S.C. 450b(e) which is recognized as eligible for the special programs and services provided by the U.S. to Indians because of their status as Indians; or (3) a victim of human trafficking and their derivative beneficiaries, in accordance with 7 CFR 273.4(a)(5); or D. A qualified immigrant meeting the criteria in Subsection D, Paragraph (2) below: (1) A qualified immigrant is a: (a) lawful permanent resident; (b) refugee; (c) asylee; (d) person granted withholding of deportation or removal; (e) conditional entrants, (in effect prior to April 1, 1980); (f) person paroled into the U.S
and their derivative beneficiaries, in accordance with 7 CFR 273.4(a)(5); or D. A qualified immigrant meeting the criteria in Subsection D, Paragraph (2) below: (1) A qualified immigrant is a: (a) lawful permanent resident; (b) refugee; (c) asylee; (d) person granted withholding of deportation or removal; (e) conditional entrants, (in effect prior to April 1, 1980); (f) person paroled into the U.S. for at least one year; (g) Cuban/Haitian entrants; (h) battered spouses and children with a pending or approved self-petition for an immigrant visa and whose need for benefits has a substantial connection to the battery or cruelty (including qualified parents, spouses, and children of same), or battered spouses and children with an application for cancellation of removal or suspension of deportation, and whose need for benefits has a substantial connection to the battery or cruelty (including qualified parents, spouses, and children of same). (2) Qualified immigrants are eligible only if they: (a) were 65 or older and were lawfully residing in the U.S. on August 22, 1996, or (b) are under age 18, or (c) have been in “qualified” immigrant status for at least five years, or (d) are lawful permanent residents who have worked or can be credited with 40 qualifying quarters of employment, or (e) were granted refugee or asylum status or withholding of deportation/removal; or (f) are a Cuban/Haitian entrant, or Amerasian immigrant, or (g) are receiving blindness or disability-related assistance or (h) are a veteran, active duty military; or the spouse, or the surviving spouse who has not married, or the child. (i) are in Iraqi or Afghan special immigrant status. E. Verification of immigrant status is determined in accordance with 7 CFR 273.2(f) and reasonable opportunity is provided pursuant to 7 CFR 273.2(f)(1)(c). F. Reporting undocumented aliens: (1) HSD shall inform the local DHS office only when an official determination is made that any individual who is applying for or receives benefits is present in the U.S
raqi or Afghan special immigrant status. E. Verification of immigrant status is determined in accordance with 7 CFR 273.2(f) and reasonable opportunity is provided pursuant to 7 CFR 273.2(f)(1)(c). F. Reporting undocumented aliens: (1) HSD shall inform the local DHS office only when an official determination is made that any individual who is applying for or receives benefits is present in the U.S. in violation of the INA. An official determination that an undocumented immigrant is in the U.S. in violation of the INA is only made when: (a) the undocumented alien’s unlawful presence is a finding of fact or conclusion of law that is made by HSD as part of a formal determination about the individual’s eligibility; and (b) HSD's finding is supported by a determination by DHS or the executive office of immigration review (EOIR) that the non-citizen is unlawfully residing in the US, such as a final order of 8.139.410 NMAC 4 deportation. (2) A systematic alien verification for entitlements (SAVE) response showing no service record on an individual or an immigration status making the individual ineligible for a benefit is not a finding of fact or conclusion of law that the individual is not lawfully present. (3) Undocumented immigrant status is considered reported when ISD enters the information about the non-citizen into the household's computer file. (4) When a household indicates inability or unwillingness to provide documentation of immigrant status for any household member, HSD must classify that member as an ineligible immigrant. When a person indicates inability or unwillingness to provide documentation of immigrant status, HSD must classify that person as an ineligible immigrant. In such cases HSD must not continue efforts to obtain that documentation. [8.139.410.9 NMAC - Rp, 8.139.410.9 NMAC, 11/1/2023] 8.139.410.10 RESIDENCE A. Households may be an active member in only one SNAP household in any month, with the exception of residents of a domestic violence shelter. B
s to provide documentation of immigrant status, HSD must classify that person as an ineligible immigrant. In such cases HSD must not continue efforts to obtain that documentation. [8.139.410.9 NMAC - Rp, 8.139.410.9 NMAC, 11/1/2023] 8.139.410.10 RESIDENCE A. Households may be an active member in only one SNAP household in any month, with the exception of residents of a domestic violence shelter. B. Domestic violence shelter: Any individual who is a resident of a domestic violence shelter may participate as a member in more than one SNAP household simultaneously, provided that the shelter resident(s) left a household which contained the abusive individual. C. Residence duration: No residence duration requirement will be imposed on any household. D. Fixed residence or mailing address: An otherwise eligible household is not required to live in a permanent dwelling or have a fixed mailing address as a condition of eligibility. E. Intent to reside: An intention to reside permanently in New Mexico is not required as a condition for participation in SNAP. However, a specific temporary purpose, such as vacationing in New Mexico, does not satisfy the residence requirement. F. Verification of residency: Verification of residence should, whenever possible, be made in conjunction with the verification of other information. This can be done through such documents as rent receipts, mortgage bills, utility expenses, or identification papers which show the name and address of the applicant. Collateral contacts or other documentary evidence can be accepted to verify residence. Any document or collateral contact which reasonably establishes the household's residence must be accepted. No requirement for a specific type of verification may be imposed. G. Lack of verification in unusual cases: The residence requirement will be verified, except in unusual circumstances, such as homeless households, some migrant farmworker households, where verification of residence cannot reasonably be accomplished
al contact which reasonably establishes the household's residence must be accepted. No requirement for a specific type of verification may be imposed. G. Lack of verification in unusual cases: The residence requirement will be verified, except in unusual circumstances, such as homeless households, some migrant farmworker households, where verification of residence cannot reasonably be accomplished. [8.139.410.10 NMAC - Rp, 8.139.410.10 NMAC, 11/1/2023] 8.139.410.11 NONCONCURRENT RECEIPT OF ASSISTANCE (DUAL PARTICIPATION) A. In no event may an individual receive food stamp benefits in more than one household in the state of New Mexico in the same month, with the exception of women and children in battered women's shelters (Subsection B of 8.139.410.10 NMAC). In addition, an individual may not receive food stamp benefits in the state of New Mexico and any other state, or the territories of Guam, the Virgin Islands, or Puerto Rico, in the same month. An individual or household participating in a commodity distribution program administered by any Indian tribal organization (ITO) on an Indian reservation is not eligible to receive food stamp benefits in the same month that commodities are received. A household need not be living on the Indian reservation to participate in an Indian tribal commodities program. If an ISS determines that an individual or household has received food stamp benefits to which it was not entitled because of dual participation, a claim will be filed for any month in which there was an over-issuance of food stamp benefits. B. Disqualification for receipt of multiple benefits: A finding that an individual has received multiple food stamp benefits simultaneously as a result of an administrative disqualification hearing and IPV, or a conviction in federal or state court, will result in a ten year disqualification period. The income and resources of the disqualified individual will continue to count in their entirety to the household while the individual remains in the home
finding that an individual has received multiple food stamp benefits simultaneously as a result of an administrative disqualification hearing and IPV, or a conviction in federal or state court, will result in a ten year disqualification period. The income and resources of the disqualified individual will continue to count in their entirety to the household while the individual remains in the home. [8.139.410.11 NMAC - Rp, 8.139.410.11 NMAC, 11/1/2023] 8.139.410.12 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) GENERAL WORK REQUIREMENTS: Any SNAP recipient may be subject to general work requirements. SNAP recipients who do not meet a federal exemption must meet the general work requirements in accordance with Subsection C of this 8.139.410 NMAC 5 section. Federal exemptions from general work requirements are found at 7 Code of Federal Regulation (CFR) 273.7(a)(6) and (b). A. General Work requirements: ISD will administer the general work requirements in accordance with 7 CFR 273.7. As a condition of eligibility for participation in SNAP, every household member who does not qualify for a federal exemption, must meet general work requirements as outlined in Subsection C of this section. B. General work requirement exemptions: Federal exemptions from general work requirements are found at 7 CFR 273.7(a)(6) and 273.7(b). Physical and mental unfitness for the federal exemption is defined as an individual who has a mental or physical illness or disability, temporary or permanent, which reduces their ability to financially support themselves
s outlined in Subsection C of this section. B. General work requirement exemptions: Federal exemptions from general work requirements are found at 7 CFR 273.7(a)(6) and 273.7(b). Physical and mental unfitness for the federal exemption is defined as an individual who has a mental or physical illness or disability, temporary or permanent, which reduces their ability to financially support themselves. Unfitness can be: (1) obvious to ISD and documented in the case file; or (2) not obvious to ISD, but is documented by a physician, physician's assistant, nurse, nurse practitioner, a licensed or certified psychiatrist or a licensed or certified psychologist, or social worker as being unfit to work; the claim of physical or mental unfitness must be substantiated by written documentation identifying the physical or mental condition and certifying that the person is unfit for employment. C. Compliance with general work requirements: An individual who is not temporarily waived or exempt in accordance with 7 CFR 273.7(a)(6) and (b) must: (1) register for work at the time of application and every 12 months thereafter; all SNAP participants are considered registered for work with the head of household’s signature on an application or recertification form for SNAP participation; (2) participate in an E&T program to the extent required by law; (3) participate in a workfare program if assigned by the department; (4) provide ISD or E&T program service provider with information regarding employment status, participation in E&T program status, or availability for work; (5) report to an employer referred to by ISD or its designee if the potential employment meets the suitability requirements in accordance with 7 CFR 273.7(h); (6) accept a bona fide offer of suitable employment at a site or plant not subject to a strike or lockout, at a wage equal to the higher of the federal or state minimum wage or eighty percent of the wage that would have governed had the minimum hourly rate of the Fair Labor Standards Act been applicable to the
ential employment meets the suitability requirements in accordance with 7 CFR 273.7(h); (6) accept a bona fide offer of suitable employment at a site or plant not subject to a strike or lockout, at a wage equal to the higher of the federal or state minimum wage or eighty percent of the wage that would have governed had the minimum hourly rate of the Fair Labor Standards Act been applicable to the offer of employment; and (7) not voluntarily and without good cause quit a job of 30 or more hours a week or reduce work effort to less than 30 hours a week within the 30 day period prior to the household’s application date, or any time after filing an application, or any time during the household's certification period in accordance with 7 CFR 273.7(a)(vii). D. Failure to comply with SNAP general work requirements: An individual who is not exempt who refuses or fails without good cause, to comply with the SNAP general work requirements is ineligible to participate in SNAP, and will be considered an ineligible household member, in accordance with 7 CFR 273.1(b)(7). Prior to placing a disqualification for noncompliance with the work requirements, good cause will be determined in accordance with 7 CFR 273.7(i). When determining whether or not good cause applies to voluntary quit, voluntary quit will be evaluated up to the 30 day period prior to applying for SNAP benefits and at any time thereafter. Within 10 calendar days of establishing that the noncompliance was without good cause, ISD must provide the individual with a notice of adverse action, as specified in 7 CFR 273.13. A participant who corrects the failure of compliance during the notice of adverse action 13-day time period shall not have the disqualification imposed against the household member. (1) Consequences of non-compliance with work requirements will be in accordance with 7 CFR 273.7(f)
was without good cause, ISD must provide the individual with a notice of adverse action, as specified in 7 CFR 273.13. A participant who corrects the failure of compliance during the notice of adverse action 13-day time period shall not have the disqualification imposed against the household member. (1) Consequences of non-compliance with work requirements will be in accordance with 7 CFR 273.7(f). (a) For the first occurrence of noncompliance, the individual will be disqualified for three months; (b) For the second occurrence of noncompliance, the individual will be disqualified for six months; and (c) For the third or subsequent occurrence of noncompliance, the individual will be disqualified for 12 months. (2) Treatment of income and resources: All the income and resources of an individual disqualified for non-compliance with general work requirements will be counted to determine the household’s income and resource maximum levels and benefit amount in accordance with 8.139.520 NMAC. (3) Households shall not be considered categorically eligible if any benefit group member is disqualified for failure to comply with general work requirements in accordance with 8.139.420.8 NMAC. 8.139.410 NMAC 6 E. Fair hearings: Each individual or household has the right to request a fair hearing to appeal a denial, reduction or termination of benefits due to a determination of nonexempt status or a state agency determination of failure to comply with SNAP work requirements, in accordance with 7 CFR 273.7(f)(6). [8.139.410.12 NMAC - Rp, 8.139.410.12 NMAC, 11/1/2023] 8.139.410.13 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) EMPLOYMENT AND TRAINING PROGRAM (E&T): ISD will administer the E&T program requirements in accordance with 7 CFR 273.7(e). SNAP participants may choose to voluntarily participate in any of the E&T services available. Volunteers can participate to the extent that they wish and will not be subject to any E&T disqualification
C, 11/1/2023] 8.139.410.13 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) EMPLOYMENT AND TRAINING PROGRAM (E&T): ISD will administer the E&T program requirements in accordance with 7 CFR 273.7(e). SNAP participants may choose to voluntarily participate in any of the E&T services available. Volunteers can participate to the extent that they wish and will not be subject to any E&T disqualification. Participants who incur expenses that are reasonably necessary and directly related to participation in the E&T program will be reimbursed up to the monthly limit as determined by ISD, in accordance with 7 CFR 273.7(d)(4).

## Nearby sections

- [8.139.410.1 NMAC Section 1. Issuing Agency](https://www.frixlaw.com/law-library/statutes/SREGS_NM_T8_C139_P410_S1.md)
- [8.139.410.2 NMAC Section 2. Scope](https://www.frixlaw.com/law-library/statutes/SREGS_NM_T8_C139_P410_S2.md)
- [8.139.410.3 NMAC Section 3. Statutory Authority](https://www.frixlaw.com/law-library/statutes/SREGS_NM_T8_C139_P410_S3.md)
- [8.139.410.5 NMAC Section 5. Effective Date](https://www.frixlaw.com/law-library/statutes/SREGS_NM_T8_C139_P410_S5.md)
- [8.139.410.6 NMAC Section 6. Objective](https://www.frixlaw.com/law-library/statutes/SREGS_NM_T8_C139_P410_S6.md)
- [8.139.410.8 NMAC Section 8. Enumeration (Social Security Number)](https://www.frixlaw.com/law-library/statutes/SREGS_NM_T8_C139_P410_S8.md)
- [8.139.410.9 NMAC Section 9. Citizenship And Immigration Status For Eligibility](https://www.frixlaw.com/law-library/statutes/SREGS_NM_T8_C139_P410_S9.md)
- [8.139.410.14 NMAC Section 14. Requirements For Able Bodied Adults](https://www.frixlaw.com/law-library/statutes/SREGS_NM_T8_C139_P410_S14.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SREGS_NM_T8_C139_P410_S9. Check the current official text before relying on it. Not legal advice.