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 address errors in new federal guidelines regarding eligibility for Supplemental Nutrition Assistance Program (SNAP) benefits. In a letter to Agriculture Secretary Brooke Rollins, the group argued that the USDA’s recent guidance incorrectly excludes certain groups of immigrants from SNAP, contradicting established federal law and potentially denying food assistance to lawful permanent residents who entered the country as refugees, were granted asylum, or came through humanitarian parole 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.”
On October 31, the USDA sent updated instructions to state SNAP agencies about changes resulting from recent legislation known as “One Big Beautiful Bill.” These instructions included new restrictions on non-citizens’ eligibility for SNAP. The memo was released nearly four months after the law took effect and became binding immediately—on a Saturday—leaving states with little time to implement changes.
The coalition pointed out that under federal law, refugees and individuals granted asylum or humanitarian parole become eligible for SNAP once they obtain lawful permanent residence status. Many receive their green cards within their first few years in the United States and thus qualify for assistance at that point. The attorneys general argue that failing to recognize this pathway could result in states unlawfully denying benefits.
They also expressed concern over how the USDA interpreted the five-year waiting period required for some lawful permanent residents before becoming eligible for SNAP. According to federal law—and longstanding USDA practice—refugees, asylees, those whose deportation has been withheld, and others are exempt from this requirement once they have green cards. The new guidance removes these exemptions without legal basis.
Another issue raised involves timing: federal regulations provide states with a 120-day grace period after new guidance is issued so they can adjust without facing financial penalties. However, according to the coalition’s letter, USDA claimed this grace period ended just one day after releasing its memo—before any state agency had a business day to review it—which contradicts existing rules specifying that such periods begin only when guidance is actually issued.
Attorney General James and her colleagues are asking USDA to fix these errors by clarifying which immigrant groups are eligible for SNAP upon obtaining lawful permanent residency; properly listing all humanitarian categories exempt from waiting periods; providing accurate explanations about how eligibility rules work; and ensuring no state faces penalties due to confusion caused by delayed or unclear instructions.
Attorneys general from California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Washington, Wisconsin, and the District of Columbia joined Attorney General James in signing this letter.
