New York Attorney General Letitia James has filed a lawsuit, leading a coalition of 21 attorneys general, to challenge new guidance from the U.S. Department of Agriculture (USDA) that would cut Supplemental Nutrition Assistance Program (SNAP) benefits for many lawful permanent residents. The legal action seeks to prevent implementation of the USDA’s policy, which declares certain groups of legal immigrants—including those granted asylum or admitted as refugees—ineligible for food assistance.
Attorney General James stated, “The federal government’s shameful quest to take food away from children and families continues. USDA has no authority to arbitrarily cut entire groups of people out of the SNAP program, and no one should go hungry because of the circumstances of their arrival to this country. My office will always fight to protect Americans’ SNAP benefits, and I will do everything in my power to shield New Yorkers from this unlawful policy.”
The USDA issued its new guidance on October 31, outlining changes under legislation known as the “One Big Beautiful Bill.” The guidance narrows SNAP eligibility for non-citizen groups such as refugees and asylum recipients. According to the lawsuit, the memo extends beyond what Congress intended by making these individuals permanently ineligible for SNAP even after they become lawful permanent residents.
The attorneys general argue that federal law allows refugees, asylees, humanitarian parolees, and other similar entrants to qualify for SNAP once they obtain green cards and meet program requirements. They contend that USDA’s memo contradicts both congressional intent and established regulations.
Additionally, the lawsuit points out that USDA is misapplying its own rules regarding grace periods for states updating their systems after receiving new guidance. Federal regulations provide a 120-day period before penalties can be imposed; however, USDA claims this period expired just one day after releasing its memo—over a weekend during a federal shutdown—which states argue is not feasible.
States have already started implementing changes required by earlier legislation but now face pressure from the new directive to overhaul eligibility systems immediately. The coalition warns that this could destabilize SNAP nationwide and result in wrongful terminations or confusion among families who depend on food assistance.
In New York specifically, compliance with the new guidance could remove up to 35,000 lawful permanent residents from SNAP rolls and subject the state to financial penalties as high as $1.2 billion. This would increase hardship across New York and strain other safety-net programs.
Last week, Attorney General James and her counterparts called on the administration to withdraw or amend the memo; they did not receive a response. The current lawsuit asks the court to vacate USDA’s guidance and block its enforcement so families do not lose access to essential food support.
Other states joining New York in this legal challenge include California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Rhode Island, Vermont, Washington, Wisconsin, and the District of Columbia.
