Garcia

concurring separately:

I concur in Judge Schroeder’s opinion for the court. Her analysis is irrefutable. I believe, however, that it is also unnecessary. “Immediately” means “immediately”.

The statutory language is clear. So is the meaning of the statutory provision. As we and the district court both acknowledge, the regulation conflicts with the plain language of the statute. I would simply take the next step and hold the offending portion of the regulation unlawful.

This litigation concerns the validity of regulations promulgated by the Secretary of the United States Department of Agriculture, and the Director of the Oregon Department of Human Resources, to implement the anti-fraud provisions of the Food Stamp Act, 7 U.S.C. § 2015 . The statute provides that any person found guilty of violating the Food Stamp Act “shall, immediately upon the rendering of such determination, become ineligible for further participation in the program” for a fixed disqualification period that increases in duration with each subsequent offense.

The regulations promulgated by the Secretary of Agriculture, however, do not impose the disqualification period “immediately” after a determination of a violation, if the violator is (1) not currently participating in the Program or (2) already otherwise ineligible for Program benefits. Rather, the regulations defer the disqualification period for such violator until the violator later reapplies for benefits and is found eligible for them. The section addressing nonparticipants is 7 CFR § 273.16 (a)(1):

(emphasis added).

Corollary provisions for otherwise ineligible violators are delineated in 7 CFR *258 §§ 273.16…