Congress Narrowed Eligibility—But USDA Went Even Further
Congress did restrict SNAP eligibility in July, excluding refugees, asylum recipients, humanitarian parolees, and others. But the attorneys general say USDA overreached by declaring these individuals permanently ineligible even after they become lawful permanent residents.
“Regardless of the status they once held, any non-citizen who adjusts to LPR status can become eligible for SNAP,” the suit argues. The memo, they say, wrongly moves these individuals into the “not eligible” category rather than “not eligible unless an LPR.”
They also say USDA made another legal error: asserting that some categories of green card holders must wait five years for eligibility, even though federal law exempts them from that requirement.
California Attorney General Rob Bonta accused the administration of reviving past political battles:
“The Trump administration is effectively depriving thousands of lawful permanent residents of food assistance benefits that Congress intended be available.”
