21 AGs Sue USDA Over SNAP Rule They Say Illegally Cuts Off Green Card Holders
America ı By Rihem Akkouche
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Twenty states and the District of Columbia launched a legal strike Wednesday against the U.S. Department of Agriculture, accusing the agency of unlawfully yanking food assistance from categories of lawful permanent residents in what they describe as an unprecedented and harmful policy shift.
States Challenge Sudden SNAP Restrictions
The coalition of attorneys general is seeking to overturn an Oct. 31 USDA memo that sharply narrowed eligibility for the Supplemental Nutrition Assistance Program (SNAP). The guidance blocks noncitizens who originally entered the U.S. as refugees, asylum seekers, or through other humanitarian pathways from receiving benefits—even after they obtain green cards.
That interpretation, the states argue, defies federal law, which has long provided that such immigrants become SNAP-eligible once they attain lawful permanent resident status.
New York Attorney General Letitia James, rebuking the rule in stark terms, said:
"The federal government's shameful quest to take food away from children and families continues. USDA has no authority to arbitrarily cut entire groups of people out of the SNAP program."
States Say Rule Was Rushed, Illegal, and Destined to Sow Chaos
In a complaint filed in Oregon federal court, the states contend the USDA failed to justify why it excluded certain immigrants while allowing others to remain eligible. They also argue the agency broke its own rules by forcing states to implement the policy just one day after issuing the memo—rather than the traditional 120-day grace period intended to prevent mass errors.
“In issuing the guidance, USDA has placed states in an untenable position,” the attorneys general wrote, warning the “overly narrow” rules will erode trust, spark costly litigation, and chill participation among immigrant communities.
The plaintiffs—spanning New York to Hawaii, Illinois to New Mexico—ask the court to declare the memo unlawful and void.
Tens of Thousands Could Lose Food Aid
The states warn the rule could cut off tens of thousands of lawful permanent residents who rely on SNAP to feed their families.
Washington Attorney General Nick Brown condemned the change:
"Now, without any warning or legal basis, USDA is trying to rip these benefits away from green card holders in our communities."
The challenge also highlights severe financial implications. States face “massive” penalties for SNAP payment errors under newly tightened federal rules. New York, which spends $400 million annually to run its program, could owe an additional $367.5 million if its error rate exceeds 6%—and nearly $1.2 billion if it passes 10%.
Under USDA regulations, a 120-day exclusion period shields states from penalties while adjustments are made. The lawsuit says the agency’s one-day implementation requirement obliterated that protection.
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