Posted on July 31, 2006

100,000 Will Have To Prove Status

Myung Oak Kim, Rocky Mountain News, July 28, 2006

A new immigration law that takes effect Tuesday will require more than 100,000 people served by the Colorado Department of Human Services to prove that they are in the country legally.

Foster care parents, child care providers, welfare and low-income energy-assistance recipients, and a wide range of mentally and developmentally disabled and elderly clients will need to comply with stricter ID requirements created by House Bill 1023.

State lawmakers, during a special legislative session that ended July 10, passed the landmark law — designed to prevent illegal immigrants from receiving taxpayer-funded benefits — that is expected to be signed soon by Gov. Bill Owens.

Starting Tuesday, people applying for most DHS benefits, as well as current recipients filing the required annual recertification, will need to sign an affidavit attesting to their legal immigration status.

They will also need to provide a Colorado driver’s license or state-issued ID (or a U.S. Merchant Mariner card or a Native American tribal document).

The new law won’t apply to people receiving federal food stamps because federal law supersedes state law, and federal law allows recipients to use a wider variety of IDs to qualify.

The new law exempts people receiving emergency services and children under 18.

The agency is awaiting guidance on whether programs for the elderly under the Older Americans Act, such as home-delivered meals and in-home services, will be affected by HB 1023, said DHS spokeswoman Liz McDonough.

“It’s a difficult law to implement because, No. 1, it’s not been done by any other state . . . and the time frame has been a challenge,” she said.


About 500,000 people receive benefits through DHS.