208.009. Illegal aliens prohibited from receiving any state or local public benefit--proof of lawful residence required--temporary benefits permitted, when--exceptions for nonprofit organizations.
Illegal aliens prohibited from receiving any state or local publicbenefit--proof of lawful residence required--temporary benefitspermitted, when--exceptions for nonprofit organizations.
208.009. 1. No alien unlawfully present in the United States shallreceive any state or local public benefit, except for state or local publicbenefits that may be offered under 8 U.S.C. 1621(b). Nothing in thissection shall be construed to prohibit the rendering of emergency medicalcare, prenatal care, services offering alternatives to abortion, emergencyassistance, or legal assistance to any person.
2. As used in this section, "public benefit" means any grant,contract, or loan provided by an agency of state or local government; orany retirement, welfare, health, disability, housing, or food assistancebenefit under which payments, assistance, credits, or reduced rates or feesare provided. The term "public benefit" shall not include postsecondaryeducation public benefits as defined in section 173.1110, RSMo, anymunicipal permit, or contracts or agreements between public utilityproviders and their customers or unemployment benefits payable underchapter 288, RSMo. The unemployment compensation program shall verify thelawful presence of an alien for the purpose of determining eligibility forbenefits in accordance with its own procedures.
3. In addition to providing proof of other eligibility requirements,at the time of application for any state or local public benefit, anapplicant who is eighteen years of age or older shall provide affirmativeproof that the applicant is a citizen or a permanent resident of the UnitedStates or is lawfully present in the United States. Such affirmative proofshall include documentary evidence recognized by the department of revenuewhen processing an application for a driver's license, a Missouri driver'slicense, as well as any document issued by the federal government thatconfirms an alien's lawful presence in the United States. In processingapplications for public benefits, an employee of an agency of state orlocal government shall not inquire about the legal status of a custodialparent or guardian applying for a public benefit on behalf of his or herdependent child who is a citizen or permanent resident of the UnitedStates.
4. An applicant who cannot provide the proof required under thissection at the time of application may alternatively sign an affidavitunder oath, attesting to either United States citizenship or classificationby the United States as an alien lawfully admitted for permanent residence,in order to receive temporary benefits or a temporary identificationdocument as provided in this section. The affidavit shall be on orconsistent with forms prepared by the state or local government agencyadministering the state or local public benefits and shall include theapplicant's Social Security number or any applicable federal identificationnumber and an explanation of the penalties under state law for obtainingpublic assistance benefits fraudulently.
5. An applicant who has provided the sworn affidavit required undersubsection 4 of this section is eligible to receive temporary publicbenefits as follows:
(1) For ninety days or until such time that it is determined that theapplicant is not lawfully present in the United States, whichever isearlier; or
(2) Indefinitely if the applicant provides a copy of a completedapplication for a birth certificate that is pending in Missouri or someother state. An extension granted under this subsection shall terminateupon the applicant's receipt of a birth certificate or a determination thata birth certificate does not exist because the applicant is not a UnitedStates citizen.
6. An applicant who is an alien shall not receive any state or localpublic benefit unless the alien's lawful presence in the United States isfirst verified by the federal government. State and local agenciesadministering public benefits in this state shall cooperate with the UnitedStates Department of Homeland Security in achieving verification of analien's lawful presence in the United States in furtherance of thissection. The system utilized may include the Systematic Alien Verificationfor Entitlements Program operated by the United States Department ofHomeland Security. After an applicant's lawful presence in the UnitedStates has been verified through the Systematic Alien Verification forEntitlements Program, no additional verification is required within thesame agency of the state or local government.
7. The provisions of this section shall not be construed to requireany nonprofit organization duly registered with the Internal RevenueService to enforce the provisions of this section, nor does it prohibitsuch an organization from providing aid.
8. Any agency that administers public benefits shall provideassistance in obtaining appropriate documentation to persons applying forpublic benefits who sign the affidavit required by subsection 4 of thissection stating they are eligible for such benefits but lack the documentsrequired under subsection 3 of this section.
(L. 2008 H.B. 1549, et al., A.L. 2009 H.B. 390)Effective 7-07-09