Attorney General Charity Clark has joined 20 other attorneys general in a letter urging the U.S. Department of Agriculture (USDA) to address errors in recent federal guidance on Supplemental Nutrition Assistance Program (SNAP) eligibility. The group contends that the USDA’s new instructions incorrectly deem several groups of immigrants as ineligible for food assistance, contradicting established federal law.
On October 31, the USDA sent guidance to state SNAP agencies about changes to program eligibility following the enactment of the “One Big Beautiful Bill.” This guidance included new restrictions on non-citizens’ eligibility and became binding almost immediately after its release. According to Attorney General Clark and her colleagues, this left states with little time to implement necessary changes.
The coalition notes that under current federal law, refugees and individuals granted asylum or humanitarian parole are eligible for SNAP benefits once they obtain lawful permanent resident status. Many individuals receive their green cards within their first few years in the United States, which should make them immediately eligible for assistance. The attorneys general argue that USDA’s failure to acknowledge this legal pathway could lead states to unlawfully deny food aid to thousands of families.
Concerns were also raised about how the USDA described the five-year waiting period for some lawful permanent residents before they can access SNAP benefits. Federal statutes exempt refugees, asylees, people whose deportation has been withheld, and others from this waiting period once they become lawful permanent residents. Historically, USDA regulations have recognized these exemptions; however, the new guidance omits these groups from the exemption list.
Additionally, existing federal regulations allow states a 120-day grace period after new rules are issued so they can adapt without facing significant penalties. The coalition points out that USDA now claims this transition period ended just one day after releasing its memo—before states had even one business day to respond—which conflicts with previous agency policy stating that the 120-day period starts when new guidance is actually issued.
The attorneys general are requesting that USDA promptly correct these issues by clarifying eligibility criteria for humanitarian entrants who become lawful permanent residents and accurately listing exemptions from the five-year waiting rule. They also urge recognition of an appropriate transition timeline so no state faces penalties due to confusion stemming from delayed or inaccurate instructions.
A copy of the coalition’s letter is available on Attorney General Clark’s website.
