Food & Nutrition Service Proposes Rule Creating "De Facto" SSN Requirement

IMMIGRANTS & PUBLIC BENEFITS

Food and Nutrition Programs

FOOD & NUTRITION SERVICE PROPOSES RULE CREATING "DE FACTO" SSN REQUIREMENT
Immigrants’ Rights Update, Vol. 13, No. 8, December 28, 1999

The Food and Nutrition Service (FNS) of the U.S. Dept. of Agriculture has proposed regulations regarding the Women, Infants, and Children (WIC) program that create a de facto requirement that states collect Social Security numbers (SSNs) from WIC participants. The National Immigration Law Center has submitted comments to the FCS urging it to encourage WIC participation without requiring Social Security numbers. The letter reminds the agency that such requirements have previously discouraged large numbers of immigrants from participating in vital safety net programs for which they are eligible.

The proposed regulations, which are intended to address dual participation by some individuals in the WIC program, would require states to compile lists of suspected dual participants every quarter. The proposed rule’s introduction also suggests that requiring SSNs from applicants and participants is the best way to comply with the requirement.

The comment letter observes that the SSN has come to be viewed in many immigrant communities as a proxy for immigration status and a means through which the government collects information about immigrants and their family members in order to enforce immigration laws. Declines in immigrant participation rates for programs like Medicaid, food stamps, and other services can be traced to the perception that the use of such benefits will lead to immigration complications. "This damaging perception will only become deeper with regard to WIC if participants are required to supply SSNs," the comment letter states.

The letter also points out that the Office of Civil Rights (OCR) in the U.S. Dept. of Health and Human Services holds a similar view with respect to SSNs. The OCR has taken the position that requiring SSNs causes decreases in social service program participation that have disparate impacts on immigrants. Requiring SSNs for WIC participation may become a serious civil rights issue, the letter asserts, as discrimination against prospective participants on the basis of national origin may result.