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Tipsheet

21 Attorneys General Sue USDA After It Kicked Some Immigrants Off SNAP

21 Attorneys General Sue USDA After It Kicked Some Immigrants Off SNAP
AP Photo/Manuel Balce Ceneta

A group of attorneys general has sued the federal government for removing some immigrants from the Supplemental Nutrition Assistance Program that feeds about 42 million people nationwide. 

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Michigan Attorney General Dana Nessel today joined 21 other attorneys general in filing a lawsuit to stop the federal government from unlawfully cutting off Supplemental Nutrition Assistance Program benefits for thousands of lawful permanent residents. 

The coalition seeks to block new guidance from the U.S. Department of Agriculture that incorrectly treats several groups of legal immigrants as ineligible for food assistance, including permanent residents who were granted asylum or admitted as refugees. The attorneys general argue that the guidance contradicts federal law and could impose massive financial penalties on states. They ask the court to declare the guidance unlawful.

“The law is clear on who can receive SNAP benefits, yet the Trump Administration is trying to strip rightful recipients of the support they need to feed their families,” Nessel said in a news release. “It is my hope that the Court puts an end to this unlawful guidance and stops the White House’s ongoing chaos and confusion over Americans’ ability to put food on the table.”

On October 31, USDA issued new guidance to state SNAP agencies, describing changes to program eligibility under the “One Big Beautiful Bill,” which narrowed eligibility for certain non-citizen groups, including refugees, asylum recipients, and others admitted under humanitarian protection programs. 

The USDA memo, however, incorrectly asserted that all individuals who entered the country through these humanitarian pathways would remain permanently ineligible for SNAP, even after obtaining green cards and becoming lawful permanent residents. Last week, the coalition called on the federal administration to clarify its position.

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The USDA has not replied.

Attorney General Nessel and the coalition emphasize that this position does not align with the “One Big Beautiful Bill” or any other federal law. 

Federal statutes make clear that refugees, asylees, humanitarian parolees, individuals whose deportation has been withheld, and other vulnerable legal immigrants become eligible for SNAP once they obtain their green cards and meet standard program requirements. The attorneys general argue that the USDA’s memo changed those rules. 

 New York Et Al v Brooke Rollins United States Department of Agriculture Complaint 2025  by  scott.mcclallen 


The attorneys general argue that USDA’s guidance also misapplies the agency’s own regulations. 

Federal rules give states a 120-day grace period after new guidance is issued to adjust their systems without facing severe financial penalties. USDA is now claiming that this period expired on November 1, just one day after the guidance was released and before states even had a single business day to review it. The coalition argues that this interpretation is impossible under USDA’s own regulations, which state that the 120-day period cannot begin until new guidance is actually issued. 

The new rules penalize states that have a high error rate, meaning the agency struggles to give benefits accurately.

States have already begun implementing the statutory changes enacted earlier this year.

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The attorneys general asked the court to vacate the unlawful guidance and block its implementation to ensure that families do not lose critical food assistance.

Joining Attorney General Nessel in this lawsuit are the attorneys general of California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaiʻi, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, and Wisconsin.

USDA Secretary Brooke Rollins has said that she plans to reform the SNAP program. 

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