New York Attorney General Letitia James has filed a lawsuit with a coalition of 21 attorneys general to challenge new guidance from the U.S. Department of Agriculture (USDA) that would remove Supplemental Nutrition Assistance Program (SNAP) benefits from tens of thousands of lawful permanent residents. The lawsuit aims to prevent the enforcement of USDA rules that declare certain legal immigrants, including those who have received asylum or refugee status, 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, as part of changes described under what it called the “One Big Beautiful Bill.” This directive narrows SNAP eligibility for several non-citizen groups by asserting that anyone who entered through humanitarian pathways—such as refugees and asylum recipients—would remain permanently ineligible for SNAP even after becoming lawful permanent residents.
According to Attorney General James and her coalition, this interpretation oversteps Congressional intent. They argue that current federal law makes clear that individuals who enter the U.S. as refugees, asylees, humanitarian parolees, or similar statuses become eligible for SNAP upon receiving green cards and meeting other requirements. The attorneys general claim that USDA’s memo disregards these provisions and could wrongly deny food assistance to eligible individuals.
The coalition also contends that USDA’s approach misapplies its own regulations regarding how states implement new guidance. Federal rules allow states a 120-day period to update their systems without penalty after new directives are issued. However, the USDA stated this grace period ended just one day after issuing its memo—a timeline that coincided with a weekend and a federal shutdown—which the attorneys general say is unworkable.
States had already started implementing changes required by law earlier in the year but now face pressure to overhaul eligibility systems immediately due to the USDA’s sudden directive. The attorneys general warn this could disrupt SNAP nationwide by increasing wrongful terminations and confusion among families relying on food aid. They further note that under penalties set out in the “One Big Beautiful Bill,” states risk fines so large they might be forced to end their SNAP programs altogether.
In New York specifically, following USDA’s guidance could result in up to 35,000 lawful permanent residents losing access to SNAP benefits. This would not only impact those families but also strain other safety-net services across the state. Additionally, New York could face financial penalties up to $1.2 billion if it fails to comply with the new rules.
Last week, Attorney General James and her counterparts formally requested that the administration withdraw its memo; they did not receive a response from USDA. Through this lawsuit, they seek court intervention so families do not lose essential food assistance.
Attorneys general from California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Rhode Island, Vermont, Washington State, Wisconsin and Washington D.C., joined James in filing suit.
