California Attorney General Rob Bonta has joined 20 other attorneys general in urging the U.S. Department of Agriculture (USDA) to revise recent guidance that could lead to the denial of Supplemental Nutritional Assistance Program (SNAP) benefits for certain eligible noncitizens. The coalition sent a letter to the USDA, highlighting concerns that the guidance misinterprets eligibility rules and may prevent lawful permanent residents from accessing food assistance.
Attorney General Bonta stated, “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.”
The issue centers on Section 10108 of the Big Beautiful Bill, which amended the Food and Nutrition Act of 2008. The amendment eliminated SNAP eligibility for individuals who entered the U.S. as refugees, were granted asylum, or received humanitarian parole based on this status at admission or parole. However, it did not bar these individuals from becoming eligible once they adjust their status to lawful permanent residents.
According to the attorneys general, USDA’s guidance incorrectly lists refugees, asylees, parolees, and those with deportation withheld as “not eligible” for SNAP instead of clarifying that they can become eligible upon gaining lawful permanent resident status. Additionally, the guidance implies a five-year waiting period for humanitarian entrants after becoming legal permanent residents before qualifying for SNAP benefits; under current law, these individuals should be eligible immediately after obtaining such status.
The letter also points out that inconsistencies in USDA’s instructions have created confusion among state agencies responsible for implementing new limitations on SNAP eligibility. States are now at risk of making errors as they try to comply with federal requirements amid unclear and late-issued federal guidance. The attorneys general further note that while federal regulations mandate a 120-day exclusionary period following a new mandatory change memorandum, USDA stated this period ended just one day after issuing its guidance—contradicting regulatory standards.
In addition to California, attorneys general from New York, Colorado, Connecticut, Delaware, Hawai’i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Washington, Wisconsin and the District of Columbia signed onto the letter.
