New York Attorney General Letitia James, along with attorneys general from 20 other states and the District of Columbia, has called on the U.S. Department of Agriculture (USDA) to address what they describe as errors in new federal guidance about eligibility for Supplemental Nutrition Assistance Program (SNAP) benefits. In a letter sent to Secretary of Agriculture Brooke Rollins, the coalition argues that the USDA’s recent instructions incorrectly classify several groups of immigrants as ineligible for SNAP, contradicting longstanding federal law.
“The confusing and incorrect guidance from USDA 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 correct these errors immediately.”
On October 31, the USDA issued guidance to state SNAP agencies outlining changes stemming from new legislation known as “One Big Beautiful Bill.” The memo included additional restrictions on non-citizen eligibility for SNAP. According to James and her colleagues, this document was released nearly four months after the law took effect and became binding almost immediately—on a Saturday—leaving states with little time to adapt.
The attorneys general claim that the memo inaccurately states that several categories of migrants—including lawful permanent residents admitted as refugees or granted asylum and individuals brought in under humanitarian parole programs—are categorically “ineligible” for SNAP. They point out that federal law makes such individuals eligible for SNAP as soon as they obtain lawful permanent residency status.
They also express concern about how the USDA has described the five-year waiting period applied to some lawful permanent residents before becoming eligible for SNAP. Federal law exempts refugees, asylees, those whose deportation is withheld, and certain others from this requirement once they receive a green card—a policy that has been recognized by USDA for decades. The coalition asserts that the new guidance wrongly removes these exemptions.
In addition, federal regulations provide a 120-day grace period after new guidance is issued so states can adjust without facing financial penalties. However, according to James and her colleagues, the USDA claims this period ended on November 1—just one day after publication—without giving states even one full business day to respond. The attorneys general argue that under USDA’s own rules, this 120-day window cannot start until new guidelines are actually published.
The coalition urges USDA to clarify that refugees, asylees, and those admitted under humanitarian parole programs become eligible for SNAP upon receiving lawful permanent residency; accurately list which humanitarian groups are exempt from the five-year wait; provide a legal explanation regarding how this rule works; and recognize that the 120-day transition period begins with publication of new guidelines so no state is penalized due to confusion caused by late or inaccurate information.
Joining Attorney General James in signing this letter were 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 and Wisconsin as well as officials from the District of Columbia.
