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21 States and D.C. Sue to Block USDA Guidance That Would Bar Immigrants From SNAP

A coalition of 21 states and the District of Columbia filed suit to block USDA guidance that would classify refugees, asylees and certain humanitarian parolees as permanently ineligible for SNAP. The states argue the law allows those individuals to become eligible after obtaining lawful permanent resident status and meeting program requirements. SNAP serves about 42 million people; USDA data show roughly 434,000 refugees and 1.3 million other non-citizen recipients in fiscal 2023. The suit says the guidance forces rushed, costly changes to state systems and exceeds the agency's authority.

21 States and D.C. Sue to Block USDA Guidance That Would Bar Immigrants From SNAP

By Nate Raymond; Additional reporting by Leah Douglas

A coalition of 21 Democratic-led states and the District of Columbia filed a federal lawsuit on Wednesday in Eugene, Oregon seeking to block new U.S. Department of Agriculture (USDA) guidance that would exclude tens of thousands of legal immigrants from the Supplemental Nutrition Assistance Program (SNAP).

The lawsuit challenges USDA guidance issued on Oct. 31 that interprets a provision of the administration's July domestic policy package as declaring permanent residents who previously were granted asylum or admitted as refugees ineligible for SNAP benefits. The states say that interpretation goes beyond what the law allows.

"USDA has no authority to arbitrarily cut entire groups of people out of the SNAP program, and no one should go hungry because of the circumstances of their arrival to this country," said New York Attorney General Letitia James.

SNAP provides monthly benefits to roughly 42 million low-income Americans. According to USDA figures for fiscal 2023, about 434,000 SNAP recipients were refugees and about 1.3 million were other non-citizen recipients, including lawful permanent residents. People living in the country illegally are not eligible for SNAP.

Legal dispute over eligibility

The states say the law tightened access for refugees, asylees and humanitarian parolees but did not permanently bar those groups from receiving benefits once they adjust their status to lawful permanent residents (green card holders) and meet standard program requirements. In contrast, the USDA guidance lists those categories as permanently "not eligible," the states say.

State officials argue the guidance forces them to rush costly and complex changes to eligibility systems under threat of penalties, and that the agency's interpretation exceeds the statute. The lawsuit asks the court to block the guidance and stop the agency from enforcing the new interpretation while the legal challenge proceeds.

The USDA did not respond to a request for comment.

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