Lawful presence

Colorado law requires verification of lawful presence* in the United States of all persons 18 years of age or older before providing public benefits. Organizations administering public benefits must receive the following from benefit recipients:
  • A valid form of identification.
  • An affidavit stating the recipient is lawfully present.

Documents acceptable as proof of lawful presence

Download the list of documents.

Lawful presence affidavit






More information on verifying lawful presence can be found in the program manuals for Cancer Prevention and Early Detection Health Navigation and Clinical Services, and WISEWOMAN.

*In accordance with 8 U.S.C. § 1642(d) the services provided by nonprofit, charitable organizations are exempt from lawful presence verification requirements pursuant to 8 USC §§ 1611 and 1621 for provision of federal, state or local public benefits. Non-profit charitable organizations receive this designation from the Internal Revenue Service. To meet the requirements of this exemption, the organization must be both a non-profit and a charitable organization. To be a non-profit, the organization must have a 501(c)(3) designation. Federally Qualified Health Centers (FQHCs) that are not solely government owned are also exempt from lawful presence verification requirements for the services that are within the federally authorized scope for an FQHC pursuant to 42 U.S.C. § 254b(b)(1) (definition of required primary health services). Organizations must submit documentation of status to CDPHE.