Nearly half of all households with noncitizen parents are accessing federal benefits, a category that includes both legal and illegal immigrants. The Trump administration is trying to end these programs, but Democrats are pushing back.
Democratic attorneys general from 21 states and Washington, D.C., have filed a federal lawsuit challenging new USDA guidance that they say unlawfully restricts legal immigrants’ access to SNAP benefits. The lawsuit, filed in Eugene, Oregon, argues that USDA misinterpreted President Trump’s July tax-and-spending law, which narrowed eligibility for some immigrants but still allows green-card holders to apply for food aid after a five-year waiting period.
State officials say the guidance issued on October 31 went beyond the statute by declaring lawful permanent residents who previously held refugee, asylum, or humanitarian parole status permanently ineligible for SNAP. They contend the law allows these groups to receive benefits once they adjust to permanent resident status and meet standard program requirements.
The attorneys general are asking the court to block the guidance, saying it reverses long-standing policy without a reasoned explanation and violates administrative law. They warn that states could face severe financial penalties for noncompliance, with some suggesting that their SNAP programs could be forced to shut down. They also note that USDA did not provide the required 120-day transition period, leaving states to overhaul eligibility systems immediately.