SOCIAL AND HEALTH SERVICES

(Economic Services Administration)

[Filed April 30, 2026, 1:02 p.m.]

Preproposal statement of inquiry was filed as WSR 25-23-018.

Title of Rule and Other Identifying Information: The department of social and health services (DSHS) is proposing amendments to WAC 388-424-0006 Citizenship and alien status—Date of entry, and 388-424-0020 How does my alien status impact my eligibility for federally funded basic food benefits?

Hearing Location(s): On June 9, 2026, at 10:00 a.m., virtually via Teams or call in. See the DSHS website at https://www.dshs.wa.gov/sesa/rpau/proposed-rules-and-public-hearings for the most current information.

Date of Intended Adoption: Not earlier than June 10, 2026.

Submit Written Comments to: DSHS rules coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, beginning noon on May 6, 2026, by June 9, 2026, at 5:00 p.m.

Assistance for Persons with Disabilities: Contact Shelley Tencza, rules consultant, phone 360-664-6036, TTY 711 relay service, email Tenczsa@dshs.wa.gov, by May 26, 2026, at 5:00 p.m.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These amendments revise supplemental nutrition assistance program eligibility rules to align with H.R.1, P.L. 119-21, which limit eligibility for noncitizens. The amendments make other changes to improve clarity, update policy, and better align our rules with state and federal laws.

Reasons Supporting Proposal: See above.

Rule is necessary because of federal law, H.R.1, P.L. 119-21.

Name of Proponent: DSHS, governmental.

Name of Agency Personnel Responsible for Drafting, Implemenation, and Enforcement: Margrette Toves, P.O. Box 45470, Olympia, WA 98504-5470, Margrette.toves@dshs.wa.gov.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. These rules are exempt as allowed under RCW 34.05.328 (5)(b)(vii) which states in part, "this section does not apply to rules of the department of social and health services relating only to client medical or financial eligibility and rules concerning liability for care of dependents.["]

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.061 because this rule making is being adopted solely to conform and/or comply with federal statute or regulations. Citation of the specific federal statute or regulation and description of the consequences to the state if the rule is not adopted: H.R.1, P.L. 119-21. Failure to change these rules would misalign with federal law.

Is exempt under RCW 19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party; rules are adopting or incorporating by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule; and rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect.

Is exempt under RCW 19.85.025(4).

Is exempt under RCW 34.05.328 (5)(b)(vii).

Explanation of exemptions: These amendments do not impact small businesses. They only impact DSHS customers.

Scope of exemption for rule proposal:

Katherine I. Vasquez

AMENDATORY SECTION(Amending WSR 25-08-068, filed 4/1/25, effective 5/2/25)

WAC 388-424-0006Citizenship and ((alien))immigration status—Date of entry.

(1) A person who physically entered the U.S. prior to August 22, 1996, and who continuously resided in the U.S. prior to becoming a "qualified alien" (as defined in WAC 388-424-0001) is not subject to the five-year bar on receiving TANF.

(2) A person who entered the U.S. prior to August 22, 1996, but became "qualified" on or after August 22, 1996, or who physically entered the U.S. on or after August 22, 1996, and who requires five years of residency to be eligible for federal ((Basic Food))basic food, can only count years of residence during which they were a "qualified alien."

(3) A person who physically entered the U.S. on or after August 22, 1996, is subject to the five-year bar for TANF unless exempt. The five-year bar starts on the date that "qualified" status is obtained.

(4) The following "qualified aliens," as defined in WAC 388-424-0001, are exempt from the five-year bar for food and cash programs:

(a) Amerasians;

(b) ((Asylees;))

(((c))) Cuban/Haitian entrants; and

(5) The following "qualified aliens," as defined in WAC 388-424-0001, are exempt from the five-year bar for TANF, but subject to the five-year bar for federal basic food until their status adjusts to lawful permanent resident (LPR):

(a) Asylees;

(((d)))(b) Persons granted withholding of deportation or removal;

(((e)))(c) Refugees;

(((f)))(d) Special immigrants from Iraq and Afghanistan;

(((g)))(e) Victims of trafficking who have been certified or had their eligibility approved by the federal U.S. Department of Health and Human Services (HHS); ((and))

(f) Individuals from Ukraine and their family members admitted as humanitarian parolees between February 24, 2022, and September 30, 2024, and whose parole has not been terminated by the secretary of the Department of Homeland Security (DHS), who are:

(i) Citizens or nationals of Ukraine;

(ii) Non-Ukrainian individuals who were habitually residing in Ukraine, and have documentation confirming last habitual residence in Ukraine;

(iii) A spouse or child of an individual described in subsections (i) and (ii) of this section who is paroled into the U.S. after September 30, 2023; or

(iv) An individual who is paroled into the U.S. after September 30, 2023, as a parent, legal guardian, or primary caregiver of an unaccompanied refugee minor or an unaccompanied child who meets the conditions described in subsections (i) and (ii) of this section.

(g) Afghan nationals paroled into the U.S. between July 31, 2021, and September 30, 2023, whose initial parole period has not expired or who have been granted re-parole: or

(i) An individual who was paroled into the U.S. after September 30, 2023, and is the spouse or child of an Afghan national as defined in subsection (g) of this section; or

(ii) An individual who was paroled into the U.S. after September 30, 2023, and who is the parent or legal guardian of an individual as defined in subsection (g) of this section who is determined to be an unaccompanied child.

(((h)))(6)((Lawful permanent residents))LPRs, parolees, or battered aliens, as defined in WAC 388-424-0001, who are also an armed services member or veteran as described in WAC 388-424-0007((; and

(i) Citizens of the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau.

(j) Individuals from Ukraine and their family members admitted as humanitarian parolees between February 24, 2022, and September 30, 2024, and whose parole has not been terminated by the secretary of the Department of Homeland Security (DHS), who are:

(i) Citizens or nationals of Ukraine;

(ii) Non-Ukrainian individuals who were habitually residing in Ukraine, and have documentation confirming last habitual residence in Ukraine;

(iii) A spouse or child of an individual described in subsections (i)-(ii) of this section who is paroled into the U.S. after September 30, 2023; or

(k) Afghan nationals paroled into the U.S. between July 31, 2021, and September 30, 2023, whose initial parole period has not expired or who have been granted reparole: or

(i) An individual who was paroled into the U.S. after September 30, 2023, and is the spouse or child of an Afghan national as defined in subsection (k) of this section; or

(ii) An individual who was paroled into the U.S. after September 30, 2023, and who is the parent or legal guardian of an individual as defined in subsection (k) of this section who is determined to be an unaccompanied child.)), are exempt from the five-year bar for TANF, but subject to the five-year bar for basic food when their status adjusts to LPR.

AMENDATORY SECTION(Amending WSR 25-08-068, filed 4/1/25, effective 5/2/25)

WAC 388-424-0020How does my ((alien))immigration status impact my eligibility for federally funded ((Basic Food))basic food benefits?

(1) If you are a U.S. citizen or U.S. national as defined in WAC 388-424-0001 and meet all other eligibility requirements, you may receive federal ((Basic Food))basic food benefits.

(2) If you are not a U.S. citizen or U.S. national, you must fall within (a) or (b) of this subsection, and meet all other eligibility requirements, ((in order)) to receive federal ((Basic Food))basic food benefits:

(a) You are a member of one of the following groups of lawful immigrants as defined in WAC 388-424-0001:

(i) Amerasian;

(ii) ((Asylee;

(iii))) Cuban or Haitian entrant;

(((iv) Deportation or removal withheld;

(v) Refugee;

(vi) Afghan nationals paroled into the U.S. between July 31, 2021, and September 30, 2023; or

(A) Their spouse or child paroled into the U.S. after September 30, 2023; or

(B) Their parent or legal guardian paroled into the U.S. after September 30, 2023, if they were an unaccompanied child when paroled into the U.S.;

(vii) Special immigrant from Iraq or Afghanistan;

(viii) Certified victim of trafficking;

(ix) Noncitizen))(iii) American ((Indian))Indians born outside of the U.S.;

(((x)))(iv) Hmong or Highland Lao tribal member; or

(((xi) Individuals from the Ukraine granted humanitarian parole between February 24, 2022, and September 30, 2024; or

(A) Their spouses and children paroled into the U.S. after September 30, 2023; or

(B) A parent, legal guardian, or primary caregiver of an unaccompanied refugee minor or an unaccompanied child who is paroled into the U.S. after September 30, 2023;

(xii)))(v) Citizens of the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau.

(b) You are a ((member of one of the following groups of qualified aliens))lawful permanent resident (LPR) as defined in WAC 388-424-0001 and one of the following applies to you:

(i) ((Conditional entrant;

(ii) Lawful permanent resident (LPR);

(iii) Paroled for one year or more; or

(iv) Abused spouse or child, parent of an abused child, or child of an abused spouse.

(v) And, one of the following also applies to you:

(A))) You have worked or can get credit for 40 Social Security Administration (SSA) work quarters - as described in WAC 388-424-0008;

(((B)))(ii) You are an active duty personnel or honorably discharged veteran of the U.S. military or you are the spouse, unmarried surviving spouse, or unmarried dependent child of someone who meets this requirement, as described in WAC 388-424-0007;

(((C)))(iii) You receive cash or medical benefits based on supplemental security income (SSI) criteria for blindness or disability;

(iv) You were initially granted status as a refugee, asylee (a person granted asylum), victim of trafficking, special immigrant, or were granted withholding of deportation as described in WAC 388-424-0001;

(v) You were initially an Afghan national paroled into the U.S. between July 31, 2021, and September 30, 2023; or

(A) Their spouse or child and were paroled into the U.S. after September 30, 2023; or

(B) Their parent or legal guardian if the Afghan national was an unaccompanied child when paroled into the U.S. and you were paroled into the U.S. after September 30, 2023;

(vi) You were initially an individual from Ukraine granted humanitarian parole between February 24, 2022, and September 30, 2024; or

(A) Their spouse or child and were paroled into the U.S. after September 30, 2023; or

(B) Their parent, legal guardian, or primary caregiver if the Ukrainian granted parole was an unaccompanied refugee minor or an unaccompanied child and you were paroled after September 30, 2023;

(((D)))(vii) You have lived in the U.S. as a "qualified alien" as described in WAC 388-424-0001 for at least five years((;)). The five-year count starts when (whichever is earlier between (A) and (B) of this subsection):

(A) You were granted LPR status; or

(B) Prior to being granted LPR status, you were granted status as a battered alien, conditional entrant, or parolee of at least one year.

(((E)))(viii) You are under age 18; or

(((F)))(ix) You were lawfully residing in the U.S. on August 22, 1996, and were born on or before August 22, 1931.

(3) If you are a legal immigrant not eligible for federal benefits under ((Basic Food))basic food only because of your ((alien))immigration status, you may be eligible for state-funded food assistance program (FAP) benefits under WAC 388-400-0050.