LANSING – Michigan Attorney General Dana Nessel today joined 20 other attorneys general in a letter (PDF) urging the U.S. Department of Agriculture (USDA) to correct errors in new federal instructions outlining who can receive Supplemental Nutrition Assistance Program (SNAP) benefits. Attorney General Nessel and the coalition warn that USDA’s new guidance wrongly treats several groups of immigrants as ineligible for food assistance, contradicts long-standing federal law, and could unlawfully block lawful permanent residents who were granted asylum or entered the United States as refugees, parolees, or other humanitarian entrants from receiving the food benefits they are entitled to.
“The USDA’s unlawful guidance on SNAP eligibility is yet another example of the Trump Administration sowing chaos and confusion for our residents,” Nessel said. “The law is clear on who qualifies for SNAP, and the USDA must correct these errors immediately to ensure families are still able to put food on the table.”
On October 31, USDA sent guidance to state SNAP agencies outlining changes to program eligibility as a result of the so-called “One Big Beautiful Bill” – including new restrictions on non-citizens’ eligibility for SNAP. The memo was issued nearly four months after the underlying law took effect and claimed to become binding the very next day – a Saturday – leaving states almost no time to implement the guidance. In the memo, USDA incorrectly states that several categories of migrants, including legal permanent residents who were admitted as refugees, people granted asylum, and individuals brought to safety through humanitarian parole programs, are categorically “not eligible” for SNAP.
Attorney General Nessel and the coalition emphasize that, under federal law, refugees and individuals granted asylum or humanitarian parole become eligible for SNAP as soon as they obtain lawful permanent resident status. Many of these individuals get their green cards within their first few years in the United States, immediately making them eligible for SNAP. The attorneys general argue that USDA’s failure to acknowledge this pathway leaves states with instructions that could cause them to illegally deny food assistance to thousands of families.
The attorneys general also raise concerns about USDA’s misrepresentation of the federal five-year waiting period that applies to some lawful permanent residents. Under federal law, refugees, asylees, people whose deportation has been withheld, and others are exempt from this requirement and become eligible for SNAP as soon as they receive a green card. The USDA has recognized these exemptions for decades. The new guidance, however, wrongly removes these groups from the exemption list, directly contradicting federal statutes and USDA’s own regulations.
Additionally, federal regulations give states a 120-day grace period after new guidance is issued so they can adjust to new requirements without facing severe financial penalties. With this guidance, however, USDA is now claiming that this grace period ended on November 1, just one day after the guidance was released, and before states even had a business day to review it. Attorney General Nessel and the coalition explain that this reading is impossible under USDA’s own rules, which make clear that the 120-day period cannot begin until new guidance is actually issued. By ignoring this requirement, USDA is putting states at risk of major penalties for errors created entirely by the agency’s own delay and inaccuracies.
The coalition is calling on USDA to immediately correct these legal mistakes: clarify that refugees, asylees, and individuals admitted through humanitarian parole programs may qualify for SNAP once they become lawful permanent residents; accurately list the humanitarian groups exempt from the five-year waiting period; and provide a lawful explanation of how the five-year rule works. They also demand that USDA recognize that the 120-day transition period began on the date the guidance was issued, so that no state is penalized for confusion caused by USDA’s flawed and delayed instructions.
Joining Attorney General Nessel in this letter are the attorneys general of California, Colorado, Connecticut, Delaware, the District of Columbia, Hawai’i, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin.
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