Michigan Attorney General Dana Nessel has joined 20 other state attorneys general in urging the U.S. Department of Agriculture (USDA) to revise recent guidance on eligibility for Supplemental Nutrition Assistance Program (SNAP) benefits. The coalition contends that the USDA’s new instructions incorrectly exclude certain groups of immigrants from receiving food assistance, contradicting established federal law.
“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, the USDA sent a memo to state SNAP agencies detailing changes related to non-citizens’ eligibility following enactment of the “One Big Beautiful Bill.” The memo was distributed nearly four months after the law took effect and was set to become binding one day later, leaving states little time to implement changes. According to Nessel and her colleagues, the memo inaccurately states that legal permanent residents admitted as refugees, individuals granted asylum, and those paroled into the country for humanitarian reasons are not eligible for SNAP.
The attorneys general argue that under federal law, refugees and individuals granted asylum or humanitarian parole become eligible for SNAP once they obtain lawful permanent resident status. Many receive their green cards within a few years of arriving in the United States, making them immediately eligible for benefits. The coalition warns that failure by USDA to recognize this could result in thousands being wrongly denied food assistance.
Concerns were also raised about how USDA’s guidance interprets the five-year waiting period imposed on some lawful permanent residents before they can access SNAP. Federal statutes exempt refugees, asylees, and certain others from this requirement once they have a green card—a policy recognized by USDA for decades. The new guidance reportedly removes these exemptions.
Additionally, federal regulations provide states with a 120-day grace period after new guidance is issued so they can adjust without facing financial penalties. However, Nessel and her counterparts say that USDA claimed this grace period ended just one day after releasing its memo—before states had time to review it—contradicting agency rules stating that the period begins when new guidance is actually issued.
The coalition is calling on USDA to clarify eligibility criteria for refugees, asylees, and those admitted through humanitarian parole programs; accurately list which groups are exempt from the five-year waiting period; provide a lawful explanation of how this rule works; and recognize that states should have 120 days from issuance of new guidance before penalties apply.
Attorneys general from California, Colorado, Connecticut, Delaware, District of Columbia, Hawai’i, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin joined Nessel in signing the letter.
