Nearly half of all households with noncitizen parents are accessing federal benefits, a category that includes both legal and illegal immigrants. The Trump administration is trying to end these programs, but Democrats are pushing back.
Democratic attorneys general from 21 states and Washington, D.C., have filed a federal lawsuit challenging new USDA guidance that they say unlawfully restricts legal immigrants’ access to SNAP benefits. The lawsuit, filed in Eugene, Oregon, argues that USDA misinterpreted President Trump’s July tax-and-spending law, which narrowed eligibility for some immigrants but still allows green-card holders to apply for food aid after a five-year waiting period.
State officials say the guidance issued on October 31 went beyond the statute by declaring lawful permanent residents who previously held refugee, asylum, or humanitarian parole status permanently ineligible for SNAP. They contend the law allows these groups to receive benefits once they adjust to permanent resident status and meet standard program requirements.
The attorneys general are asking the court to block the guidance, saying it reverses long-standing policy without a reasoned explanation and violates administrative law. They warn that states could face severe financial penalties for noncompliance, with some suggesting that their SNAP programs could be forced to shut down. They also note that USDA did not provide the required 120-day transition period, leaving states to overhaul eligibility systems immediately.
A White House spokesperson said the administration is committed to ensuring that illegal aliens do not receive benefits intended for citizens. SNAP, which serves about 42 million low-income Americans, has been at the center of several legal disputes in recent years, including battles following the lapse in benefits during the recent government shutdown. According to USDA data, refugees made up roughly 1 percent of SNAP recipients in 2023, while other non-citizens, including lawful permanent residents, accounted for about 3 percent.
However, those USDA claims severely undercut the actual number of noncitizens receiving SNAP and other benefits. USDA data from fiscal year 2022 shows that 1.465 million noncitizens received SNAP benefits, with an additional 2.2 million children living in households with noncitizens also participating in the program. These recipients include lawful permanent residents, refugees, asylees, individuals granted stays of deportation, and others. They collected a total of $4.2 billion in benefits. USDA notes that illegal aliens are not eligible for SNAP but may reside in households where other family members qualify.
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