New York Attorney General Letitia James has led a coalition of 20 other state attorneys general in urging the U.S. Department of Agriculture (USDA) to correct errors in recent federal guidance regarding eligibility for the Supplemental Nutrition Assistance Program (SNAP). In a letter addressed to Secretary of Agriculture Brooke Rollins, the coalition warns that the new USDA guidance incorrectly classifies several groups of immigrants as ineligible for food assistance, contradicting longstanding federal law and potentially barring lawful permanent residents who have been granted asylum or entered the United States as refugees, parolees, or other humanitarian entrants from receiving SNAP benefits.
“The confusing and incorrect USDA guidance puts vulnerable people at risk of losing the food they need to survive,” said Attorney General James. “Refugees, asylees, and other immigrants who obtained legal status should not lose access to SNAP benefits because the federal government misinterpreted its own laws. Families need certainty, states need clear instructions, and USDA must fix these errors immediately.”
On October 31, the USDA sent guidance to state SNAP agencies outlining changes resulting from new legislation known as “One Big Beautiful Bill,” including new restrictions on non-citizen eligibility for SNAP. The memorandum was issued nearly four months after the underlying law took effect and became binding the following day—a Saturday—leaving states with little time to implement it. According to the letter from James and her colleagues, the USDA memorandum wrongly asserts that certain migrants—including lawful permanent residents admitted as refugees, individuals granted asylum, and those brought to safety through humanitarian parole programs—are categorically “ineligible” for SNAP.
The attorneys general argue that under federal law, refugees and individuals granted asylum or humanitarian parole become eligible for SNAP as soon as they obtain lawful permanent resident status. Many achieve this status within their first years in the U.S., making them immediately eligible for assistance. The coalition contends that by failing to recognize this pathway, USDA’s guidance could lead states to unlawfully deny food assistance to thousands of families.
They also raise concerns about how the USDA interprets the five-year waiting period required for some lawful permanent residents before becoming eligible for SNAP. Federal law exempts refugees, asylees, those whose deportation has been withheld, and others from this requirement once they receive a green card—a policy recognized by USDA for decades. However, according to James and her peers, the new guidance erroneously removes these groups from exemption lists in contradiction with federal statutes and existing regulations.
Another issue highlighted is that federal regulations provide states with a 120-day grace period after new guidance is issued so they can adjust without facing severe financial penalties. The attorneys general say that in this case, USDA claims this grace period ended on November 1—just one day after releasing its memo and before states had a full business day to review it. They argue this interpretation violates USDA’s own rules stating that such periods cannot begin until new guidelines are published.
Attorney General James and her coalition are demanding immediate corrections from USDA: clarification that refugees, asylees, and those admitted via humanitarian parole become eligible for SNAP upon gaining lawful permanent residency; accurate publication of which humanitarian groups are exempt from the five-year wait; an explanation of how this rule operates; and recognition that the 120-day transition period began when guidelines were released so no state is penalized due to confusion caused by delayed or inaccurate instructions.
Joining Attorney General James in signing this letter are attorneys general from California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Washington State, Wisconsin and Washington D.C.
