Subdivision 1. General citizenship requirements. (a) To be eligible for MFIP, a member of the assistance unit must be a citizen of the United States, a qualified noncitizen as defined in section 256J.08, or a noncitizen who is otherwise residing lawfully in the United States.
(b) A qualified noncitizen who entered the United States on or after August 22, 1996, is eligible for MFIP. However, TANF dollars cannot be used to fund the MFIP benefits for an individual under this paragraph for a period of five years after the date of entry unless the qualified noncitizen meets one of the following criteria:
(1) was admitted to the United States as a refugee under United States Code, title 8, section 1157;
(2) was granted asylum under United States Code, title 8, section 1158;
(3) was granted withholding of deportation under the United States Code, title 8, section 1253(h);
(4) is a veteran of the United States armed forces with an honorable discharge for a reason other than noncitizen status, or is a spouse or unmarried minor dependent child of the same; or
(5) is an individual on active duty in the United States armed forces, other than for training, or is a spouse or unmarried minor dependent child of the same.
(c) A person who is not a qualified noncitizen but who is otherwise residing lawfully in the United States is eligible for MFIP. However, TANF dollars cannot be used to fund the MFIP benefits for an individual under this paragraph.
(d) For purposes of this subdivision, a nonimmigrant in one or more of the classes listed in United States Code, title 8, section 1101(a)(15), or an undocumented immigrant who resides in the United States without the approval or acquiescence of the United States Citizenship and Immigration Services, is not eligible for MFIP.
Subd. 2. Noncitizens; food portion. State dollars shall fund the food portion of a noncitizen's MFIP benefits when federal Supplemental Nutrition Assistance Program (SNAP) dollars cannot be used to fund those benefits. The assistance provided under this subdivision, which is designated as a supplement to replace lost benefits under the federal SNAP, must be disregarded as income in all programs that do not count SNAP benefits as income where the commissioner has the authority to make the income disregard determination for the program.
Subd. 3. Benefits funded with state money. Legal adult noncitizens who have resided in the country for four years or more as a lawful permanent resident, whose benefits are funded entirely with state money, and who are under 70 years of age, must, as a condition of eligibility:
(1) be enrolled in a literacy class, English as a second language class, or a citizen class;
(2) be applying for admission to a literacy class, English as a second language class, and is on a waiting list;
(3) be in the process of applying for a waiver from the United States Citizenship and Immigration Services of the English language or civics requirements of the citizenship test;
(4) have submitted an application for citizenship to the United States Citizenship and Immigration Services and is waiting for a testing date or a subsequent swearing in ceremony; or
(5) have been denied citizenship due to a failure to pass the test after two attempts or because of an inability to understand the rights and responsibilities of becoming a United States citizen, as documented by the United States Citizenship and Immigration Services or the county.
If the county social service agency determines that a legal noncitizen subject to the requirements of this subdivision will require more than one year of English language training, then the requirements of clause (1) or (2) shall be imposed after the legal noncitizen has resided in the country for three years. Individuals who reside in a facility licensed under chapter 144A, 144G, 245A, or 256I are exempt from the requirements of this subdivision.
1997 c 85 art 1 s 7; 1997 c 203 art 12 s 7; 3Sp1997 c 1 s 1; 1998 c 407 art 6 s 37; 1999 c 159 s 78,79; 1999 c 245 art 6 s 14,15; 1Sp2001 c 9 art 10 s 66; 2002 c 379 art 1 s 114; 1Sp2003 c 14 art 1 s 106; 2007 c 13 art 1 s 25; 1Sp2019 c 9 art 1 s 42; 7Sp2020 c 1 art 6 s 25
Structure Minnesota Statutes
Chapters 245 - 267 — Public Welfare And Related Activities
Chapter 256J — Minnesota Family Investment Program
Section 256J.01 — Establishing Minnesota Family Investment Program.
Section 256J.02 — Federal Tanf Block Grant.
Section 256J.021 — Separate State Program For Use Of State Money.
Section 256J.06 — Community Involvement.
Section 256J.08 — Definitions.
Section 256J.09 — Applying For Assistance.
Section 256J.10 — Mfip Eligibility Requirements.
Section 256J.11 — Citizenship.
Section 256J.12 — Minnesota Residence.
Section 256J.13 — Minor Child In Assistance Unit; Physical Presence.
Section 256J.14 — Eligibility For Parenting Or Pregnant Minors.
Section 256J.15 — Other Eligibility Conditions.
Section 256J.21 — Income Limitations.
Section 256J.24 — Family Composition; Assistance Standards; Exit Level.
Section 256J.26 — Persons Ineligible; Vendor Payments.
Section 256J.28 — Supplemental Nutrition Assistance Program.
Section 256J.30 — Applicant And Participant Requirements And Responsibilities.
Section 256J.31 — Applicant And Participant Rights; County Agency Duty.
Section 256J.315 — County And Tribal Cooperation.
Section 256J.32 — Documenting, Verifying, And Recertifying Eligibility.
Section 256J.33 — Prospective And Retrospective Mfip Eligibility.
Section 256J.34 — Calculating Assistance Payments.
Section 256J.35 — Amount Of Assistance Payment.
Section 256J.351 — Housing Assistance Grants; Forecasted Program.
Section 256J.36 — Allocation For Unmet Need Of Other Household Members.
Section 256J.37 — Treatment Of Income And Lump Sums.
Section 256J.39 — Payment Provisions; Vendor Payments.
Section 256J.395 — Vendor Payment Of Shelter Costs And Utilities.
Section 256J.396 — Support From Parents Of Minor Caregivers Living Apart.
Section 256J.40 — Fair Hearings.
Section 256J.415 — Notice Of 12 Months Of Tanf Assistance Remaining.
Section 256J.42 — 60-month Time Limit; Exemptions.
Section 256J.425 — Hardship Extensions.
Section 256J.45 — Orientation.
Section 256J.49 — Employment And Training Services; Definitions.
Section 256J.50 — County Duties.
Section 256J.51 — Employment And Training Service Provider Appeal.
Section 256J.515 — Overview Of Employment And Training Services.
Section 256J.521 — Assessment; Employment Plans.
Section 256J.53 — Postsecondary Education As Approved Work Activity.
Section 256J.531 — Basic Education; English As A Second Language.
Section 256J.54 — Minor Parents; Employment Plan.
Section 256J.545 — Family Violence Waiver Criteria.
Section 256J.55 — Participant Requirements, Rights, And Expectations.
Section 256J.561 — Universal Participation Required.
Section 256J.57 — Good Cause Exemption From Sanction.
Section 256J.575 — Family Stabilization Services.
Section 256J.61 — Reporting Requirements.
Section 256J.621 — Work Participation Cash Benefits.
Section 256J.626 — Mfip Consolidated Fund.
Section 256J.645 — Indian Tribe Mfip Employment Services.
Section 256J.66 — On-the-job Training.
Section 256J.67 — Community Work Experience.
Section 256J.68 — Injury Protection For Work Experience Participants.
Section 256J.69 — Grant Diversion.
Section 256J.72 — Nondisplacement In Work Activities.
Section 256J.74 — Relationship To Other Programs.
Section 256J.75 — County Of Financial Responsibility Policies.
Section 256J.751 — County Performance Management.
Section 256J.77 — Aging Of Cash Benefits.
Section 256J.78 — Tanf Demonstration Projects Or Waiver From Federal Rules And Regulations.