By Aliss HighamShareNewsweek is a Trust Project memberAttorneys general from 20 Democratic states, plus the District of Columbia, have penned a letter to the U.S. Department of Agriculture (USDA) over proposed changes to SNAP eligibility for noncitizens.
Why It Matters
The Supplemental Nutrition Assistance Program (SNAP) helps around 42 million low- and no-income Americans and legal non-citizens with affording groceries.
But several changes have been implemented recently following the passage of the One Big Beautiful Bill Act in July this year, the bedrock of President Donald Trump's domestic spending policy.
What To Know
The letter urged the USDA to reconsider guidance issued in October that would bar some permanent resident noncitizens from receiving SNAP benefits.
Section 10108 of the One Big Beautiful Bill Act changed the Food and Nutrition Act of 2008 to bar people who enter the U.S. as refugees, asylees, or humanitarian parolees from receiving SNAP. But the states argue the law does not block those same individuals from becoming eligible later if they obtain lawful permanent resident status.
In their letter, the attorneys general argue that the USDA’s new guidance misstates the law by listing refugees, asylees, parolees and people with withheld deportation as outright “not eligible” for SNAP—without noting that they can qualify once they become permanent residents. They also say the agency has wrongly suggested that humanitarian entrants must wait five years after gaining permanent residency to receive benefits, even though the law makes them eligible immediately.
...The attorneys general warn that these mistakes have created major confusion for states that are responsible for carrying out the new limits on SNAP. They say the USDA issued late guidance that actually contradicts the Big Beautiful Bill, raising the risk of errors as states try to follow federal requirements. They also point out that federal rules call for a 120-day transition period after a new mandatory policy is issued. Instead, the USDA said that the transition period ended on November 1, 2025—just one day after releasing the guidance on October 31, says the letter.
Newsweek has contacted the USDA for comment via email outside of regular working hours.
Attorney's General from California, New York, 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 signed the letter.
Numerous changes ordered in the act are now being enforced across the country. One of the most notable changes concerns work requirements under the Able Bodied Adults Without Dependents (ABAWD) rule.
Under the ABAWD rule, adults can receive SNAP for only three months in a three-year period unless they meet work requirements or qualify for an exemption, though states can request waivers, for instance in areas with high unemployment. The bill has tightened those exemptions by extending the work rules to adults up to age 65, lowering the caregiving exemption to parents of children under 14, and eliminating exemptions for homeless individuals, veterans, and young adults who aged out of foster care.
What People Are Saying
California Attorney General Rob Bonta said in a press release on Wednesday: "The USDA wants states to implement confusing and inaccurate interpretations of the law that would wrongfully deny eligibility for food assistance to thousands of lawfully residing immigrants. If USDA’s guidance is not fixed, certain legal permanent residents could needlessly go hungry. I urge the USDA to take immediate action to rectify its errors.”
What Happens Next
The USDA has not publicly responded to the letter.
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