Michigan Attorney General Dana Nessel today joined 20 other attorneys general in a letter urging the U.S. Department of Agriculture to allow noncitizens to receive Supplemental Nutrition Assistance Program benefits.
Nessel and the coalition warn that USDA’s new guidance doesn't give food assistance to several groups of immigrants, including those who were granted asylum or entered the United States as refugees, parolees, or other humanitarian entrants.
“The USDA’s unlawful guidance on SNAP eligibility is yet another example of the Trump Administration sowing chaos and confusion for our residents,” Nessel said. “The law is clear on who qualifies for SNAP, and the USDA must correct these errors immediately to ensure families are still able to put food on the table.”
On October 31, USDA sent guidance to state SNAP agencies outlining changes to program eligibility as a result of the so-called “One Big Beautiful Bill” – including new restrictions on non-citizens’ eligibility for SNAP.
The attorneys general disagree with the federal standards for SNAP. They claim that a USDA memo incorrectly states that several categories of migrants, including legal permanent residents who were admitted as refugees, people granted asylum, and individuals brought to safety through humanitarian parole programs, are categorically “not eligible” for SNAP.
The letter says that under federal law, refugees and individuals granted asylum or humanitarian parole become eligible for SNAP as soon as they obtain lawful permanent resident status. Many of these individuals get their green cards within their first few years in the United States, immediately making them eligible for SNAP. The attorneys general argue that USDA’s failure to acknowledge this pathway leaves states with instructions that could cause them to illegally deny food assistance to thousands of families.
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Letter to United States Department of Agriculture on Non Citizen Guidance Letters 2025 by scott.mcclallen
The attorneys general claim that under federal law, refugees, asylees, people whose deportation has been withheld, and others are exempt from this requirement and become eligible for SNAP as soon as they receive a green card.
But the new guidance forces a five-year waiting period, the letter said.
Additionally, federal regulations give states a 120-day grace period after new guidance is issued so they can adjust to new requirements without facing severe financial penalties. With this guidance, however, USDA is now claiming that this grace period ended on November 1, just one day after the guidance was released, and before states even had a business day to review it. Nessel and the coalition explain that this reading is impossible under USDA’s own rules, which make clear that the 120-day period cannot begin until new guidance is actually issued. By ignoring this requirement, USDA is putting states at risk of major penalties for errors created entirely by the agency’s own delay and inaccuracies.
The letter follows rampant SNAP fraud, according to USDA Secretary Brooke Rollins.
SNAP fraud is out of control, and the numbers we HAVE prove it.
— Secretary Brooke Rollins (@SecRollins) November 13, 2025
Data from just 29 states uncovered nearly 200,000 people with dead people’s social security numbers… Meanwhile, 21 states are suing to keep their data hidden.
Why block transparency unless the truth is worse than… pic.twitter.com/XAjHKncCfp
The coalition called on USDA to clarify that refugees and individuals admitted through humanitarian parole programs may qualify for SNAP once they become lawful permanent residents; accurately list the humanitarian groups exempt from the five-year waiting period; and provide a lawful explanation of how the five-year rule works. They also demand that USDA recognize that the 120-day transition period began on the date the guidance was issued, so that no state is penalized for confusion caused by USDA’s flawed and delayed instructions.
Joining Nessel in this letter are the attorneys general of California, Colorado, Connecticut, Delaware, the District of Columbia, Hawai’i, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin.
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