CITIZENSHIP VERIFICATION REQUIREMENTS UNDER HB – 1023
August 2007
What does the law provide?
Effective August 1, 2006, all applicants and recipients for public benefits in the state of Colorado must prove their “lawful presence in the United States”at application or redetermination.
Who is exempt from this requirement?
Anyone under the age of 18.
What public benefits programs are included in HB-1023?
TANF/Colorado Works, CICP (Colorado Indigent Care Program), LEAP, OAP (Old Age Pension), AND (Aid to the Needy Disabled), CHP+ (for those over 18 and pregnant women), and others.
What public benefits programs are excluded from HB-1023?
Medicaid, Food Stamps, child care, child support, child welfare, Refugee Services, emergency medical care, disaster relief, immunizations, soup kitchens, crisis counseling, programs exempt from a citizenship verification requirement under federal law, etc.
How can individuals comply with HB-1023?
Applicants/recipients must provide both a 1) signed affidavit and 2) an acceptable form of identification. The affidavit must state that he/she is a U.S. citizen or legal permanent resident; or he/she is otherwise lawfully present in the U.S. pursuant to federal law. (State agencies have an affidavit form for clients to sign.) The affidavit need not be notarized.
What documents does HB-1023 require to prove identification?
Only the following four documents were specifically listed in the new law:
1) a valid Colorado driver’s license or Colorado identification card (current);
2) a United States military card or military dependent’s card;
3) a U.S. Coast Guard Merchant Mariner card; or
4) a Native American tribal document.
Has this list of four documents been supplemented?
Yes. The Colorado Department of Revenue (DOR) has expanded the list of acceptable documents to include:
Certificate verifying naturalized status, certificate verifying U.S. citizenship, valid driver’s license or state ID from states who verify lawful presence, and valid immigration documents verified through the SAVE (Systematic Alien Verification for Entitlements) program.
What states in the U.S. currently verify lawful presence before issuing a state driver’s license or state ID?
Alabama, Arizona, Arkansas, California, Connecticut, Delaware, District of Columbia, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New York, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Virginia, West Virginia, and Wyoming.
What is the Waiver Process, under HB-1023, and to whom is it available?
Individuals who cannot provide the required lawful presence documentation may request a waiver of the statute’s provisions in order to receive public benefits while attempting to obtain the documents. Individuals should provide DOR with all available citizenship documentation along with their affidavit and the waiver form. (See Waiver Form DR 4678 available on DOR website ( The waiver determination will be entered into the computer by DOR staff through an “Electronic Identification Indicator” (EII). The social services worker can than access the EII determination.
How much time is allowed to provide this documentation? Human Services and Health Care Policy and Financing only allow documentation to be presented within 10 business days or the application will be denied/terminated. If documentation is provided within 10 weeks of the denial, the client will be made eligible back to the date of application.
How does one obtain a ColoradoState Identification Card?
Currently DOR provides its “Guidelines for Proof of Age/Lawful Presence, Identity and Residency” on its website ( under Driver’s License FAQs. These Guidelines are expected to undergo significant changes, however, as a result of legislation passed in the 2007 state legislative session. Check the DOR website and for updates regarding implementation of HB 1313.
What is the SAVE Verification system?
All non-citizen applicants/recipients must now have their immigration documents verified through SAVE (the Systematic Alien Verification for Entitlements) program administered by the United States Citizenship and Immigration Services of the Department of Homeland Security.
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