THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

Office for Elementary, Middle, Secondary and Continuing Education
School Operations and Management
Child Nutrition Program Administration
Room 55, Albany, New York 12234-0055
Tel (518) 474-3956 Fax (518) 473-0018
Web address: www.nysed.gov/cn/cnms.htm

                                                                                           

To: School Food Service Directors/Managers
 
From:
 
Frances O'Donnell
 
Date:
 
October, 2005
 
Subject: Enrollment in Child Nutrition Programs Does Not Affect Immigration Status

    There may be children in your school district or non-public school who are eligible for free or reduced price meals, but whose parents have not applied for them for fear of jeopardizing their immigration status.

    In order to reach these parents and clarify the situation, the Immigration and Naturalization Service (INS) has issued a regulation that assures legal immigrants that participating in the National School Lunch Program or School Breakfast Program, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), Food Stamps and other supplementary and emergency food assistance programs will not result in an individual being considered a "public charge."  Being rendered a public charge under immigration statutes could affect admissibility, adjustment of status and deportation.  Some non-citizens and their families may be denying themselves public benefits for which they are eligible, including disaster relief, treatment of communicable diseases, immunization and children's nutrition and health care programs, potentially causing considerable harm to themselves and the general public.  If you have questions regarding this issue, contact your respective Child Nutrition Representative.