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Lawyers Manual - Unified Court System

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Helping Immigrant Victims Access Federal and State Public Benefits 363<br />

applicant that the immigration service has found the individual to be unlawfully<br />

residing in the US. The evidence would basically have to be a non-appealable<br />

Order of Deportation, since anything less than that is not proof of a finding by<br />

immigration authorities that an individual is unlawfully in the US. 26 In all other<br />

cases, including where the immigrant cannot provide any documentation<br />

showing legal residence, the information provided to the eligibility worker in<br />

the context of an application for benefits should be protected by the privacy and<br />

confidentiality rules of the social services law.

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