Original Date Announced

The USDA Food and Nutrition Service issued a memorandum to Supplemental Nutrition Assistance Program (SNAP) state agencies to provide information on implementing Section 10108 of the One Big Beautiful Bill Act (OBBBA), which made changes to noncitizen eligibility for SNAP benefits. Section 10108 limited eligibility for SNAP to the following groups: U.S. citizens, U.S. nationals, lawful permanent residents (LPRs), Cuban and Haitian entrants, and Compact of Free Association (COFA) citizens. Individuals who are no longer eligible include: refugees, individuals granted asylum or withholding, and parolees. Such individuals should become eligible for SNAP assistance once again if they become LPRs but under the new guidance would generally be subject to the statutory 5-year waiting period before receiving benefits. Section 10108 became effective upon enactment on July 4, 2025.

To comply with the OBBBA, the memo instructs state agencies to review households that are already receiving SNAP for recertification and to use the Systematic Alien Verification for Entitlements (SAVE) program to verify immigration statuses.

Trump 2.0 [ID #2074]

Subsequent Trump and Court Action

2025.11.26 Complaint - State of New York v. Rollins

Twenty-one states and the District of Columbia sued the USDA over the Department's instructions to withhold SNAP from refugees, asylees, parolees, and certain other "Humanitarian Immigrant Groups." The Complaint alleges that the USDA memorandum seems to prohibit such individuals from ever receiving SNAP benefits without recognizing that they should be eligible once they adjust status because of exceptions contained in the Personal Responsibility and Work Act (PRWORA). Additionally, such individuals should be eligible for SNAP benefits immediately upon adjusting to LPR status without the five-year waiting period for many other LPRs. Plaintiffs allege violations of the Administrative Procedure Act, alleging that the guidance "goes beyond [OBBBA], arbitrarily excluding from SNAP many [LPRs] who remain eligible under the statutory scheme established by Congress." State of New York v. Rollins, No. 6:25-cv-02186 (D. Or.).

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