New York Attorney General Letitia James has led a group of 20 other state attorneys general in urging the U.S. Department of Agriculture (USDA) to revise recent federal instructions on eligibility for Supplemental Nutrition Assistance Program (SNAP) benefits. The coalition argues that the USDA’s new guidance incorrectly excludes certain groups of immigrants from SNAP, contradicting established federal law and potentially denying food assistance to lawful permanent residents who arrived as refugees, were granted asylum, or entered through humanitarian programs.
Attorney General James stated, “The USDA’s confusing and incorrect guidance puts vulnerable people at risk of losing the food they need to survive. Refugees, asylees, and other immigrants who obtained legal status should not lose access to SNAP benefits because the federal government misread its own laws. Families need certainty, states need clear instruction, and USDA must correct these mistakes immediately.”
The controversy stems from an October 31 memo issued by USDA to state SNAP agencies detailing changes due to the “One Big Beautiful Bill,” which introduced new restrictions on non-citizens’ eligibility for SNAP. The guidance became binding almost immediately after being released—leaving states little time to implement it—and classified several categories of immigrants as categorically “not eligible” for SNAP.
According to the attorneys general, federal law makes refugees and those granted asylum or humanitarian parole eligible for SNAP once they obtain lawful permanent residence status. Many individuals receive their green cards within their first years in the U.S., making them eligible for these benefits right away. The coalition contends that the USDA’s failure to acknowledge this process could result in thousands of families being wrongly denied assistance.
Further concerns relate to how the USDA has interpreted the five-year waiting period that applies to some lawful permanent residents before becoming eligible for SNAP. Federal statutes exempt refugees, asylees, those whose deportation is withheld, and others from this requirement upon receiving a green card—a position recognized by USDA for decades. However, the new guidance removes these exemptions without explanation.
Additionally, under existing regulations states are typically given a 120-day grace period following new guidance so they can adjust without facing financial penalties. The coalition points out that with this memo, USDA claimed that this transition period ended just one day after releasing its instructions—before any state agency had time during normal business hours to review them—contradicting standard procedures.
The letter calls on USDA officials to promptly address these issues: clarify eligibility rules regarding refugees and humanitarian entrants; accurately list all groups exempt from the five-year waiting rule; provide proper explanations about how this rule works; and recognize that states’ 120-day adjustment window should begin when official guidance is issued rather than when underlying laws take effect.
Other attorneys general signing onto Attorney General James’s letter represent California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Washington State, Wisconsin and the District of Columbia.
