California Department of Social Services - State Hearings Division
Notes from the Training Bureau - December 2, 1998

Effective September 1, 1998, the CFAP program provides state-funded food stamps to legal non-citizens whose immigration status meets the eligibility criteria of the federal food stamp program in effect on August 21, 1996, but were not eligible for federal food stamp benefits solely due to immigration status under PRWORA. The initial CFAP program approved state-funded food stamps for immigrants over age 65 and under age 18. The CFAP that became effective September 1 provides food stamp benefits for applicable immigrants between the ages of 18 and 65. Due to a change in federal law, almost all those receiving CFAP prior to September 1 will have federal food stamp eligibility reinstated effective November 1, 1998.

Per ACL 98-76, the President signed Public Law 105-185, the Agricultural Research, Extension and Education Reform Act of 1998 (AREERA) on June 23, 1998. This law became effective on November 1, 1998. AREERA restores federal food stamp eligibility to certain noncitizens who lost such eligibility under PRWORA. Those noncitizens who will be eligible for federal food stamps include:

In addition, AREERA authorized federal food stamp benefits for Hmong/Lao tribal members who aided U.S. personnel during the Vietnam War and are lawfully residing in the U.S. as well as their spouses, widows and unmarried dependent children. Also, cross-border Native Americans who are entitled to cross the U.S. border into Canada or Mexico are eligible for food stamp benefits. Both of these groups are eligible for federal food stamps for an indefinite period even if they are not qualified noncitizens (The list of categories of qualified aliens is an attachment to ACL 98-65).

AREERA also extends from five years to seven years federal food stamp eligibility for refugees, asylees, Cuban/Haitian entrants, persons granted withholding of deportation, and Amerasians.