The US Department of Agriculture released guidelines for the Supplemental Nutrition Assistance Program (SNAP) on October 31, excluding some legal immigrants such as refugees, asylum seekers, and humanitarian parolees from eligibility, leading to lawsuits filed by 21 states and the District of Columbia.
Twenty-one states and the District of Columbia, governed by the Democratic Party, filed a lawsuit in federal court in Eugene, Oregon on Wednesday, accusing the USDA of interpreting the provisions of the “Bigger and Better Act,” signed by Trump in July, to permanently disqualify legal immigrants who arrived in the US as refugees or asylees from receiving SNAP benefits. They also requested the court to halt the implementation of these guidelines.
Letitia James, the Attorney General of New York, stated in a press release, “The USDA has no authority to arbitrarily exclude an entire group from the food stamp program. No one should go hungry because of how they entered the United States.”
The 21 states involved in the lawsuit are New York, Oregon, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Rhode Island, Vermont, Washington, Wisconsin, and the District of Columbia.
The USDA declined to comment.
White House spokesperson Anna Kelly stated that Trump, who received overwhelming support in the recent election, aims to prevent government waste, fraud, and abuse, including ensuring that illegal immigrants do not receive benefits intended for US citizens.
The “Bigger and Better Act” made significant revisions to SNAP, including narrowing eligibility for immigrants, introducing work requirements, and limiting most benefits to US citizens and lawful permanent residents (green card holders) only. Green card holders can apply for SNAP benefits after waiting for five years. Individuals residing in the US illegally are not eligible for benefits.
The Attorneys General of the 21 states and Washington, DC contended that while the law restricts refugees, asylees, and humanitarian parolees from receiving benefits, it does not specify that once they obtain lawful permanent resident status, they cannot access SNAP benefits.
They argued that the USDA, in its guidelines, categorizes these non-citizen groups as permanently “ineligible” without mentioning the possibility of them accessing SNAP benefits if their status changes.
The Attorneys General advocate for federal law to explicitly state that refugees, asylees, and humanitarian parolees can qualify for SNAP benefits upon obtaining a green card and meeting program requirements.
Furthermore, they noted that the USDA did not provide states with the required 120-day grace period to implement changes after issuing the new guidelines, forcing states to rush to modify eligibility screening systems to comply with USDA directives to avoid the risk of legal penalties, which they believe is erroneous.
SNAP is the largest nutrition assistance program in the US, providing subsidies to about 42 million low-income individuals every month. It is federally funded and managed by states. However, during a government shutdown, the aid was temporarily disrupted, resulting in legal actions taken by states and localities to compel the federal government to continue providing assistance with existing funds.
According to USDA statistics, approximately 1% (434,000 people) of SNAP beneficiaries in the 2023 fiscal year were refugees, with another 3% (around 1.3 million people) being other non-citizens, including lawful permanent residents.
(References: Reuters and Politico News)