Illinois Attorney General Kwame Raoul has joined a coalition of 21 attorneys general in urging the U.S. Department of Agriculture (USDA) to revise recent guidance regarding eligibility for Supplemental Nutrition Assistance Program (SNAP) benefits. The group argues that the USDA’s new instructions improperly exclude certain immigrant groups from receiving food assistance, which they say is inconsistent with federal law.
“The SNAP program is the country’s most important anti-hunger program, providing access to food for millions of families while supporting local grocers and merchants who are critical to our state’s economy,” Raoul said. “The USDA’s new eligibility guidance violates the law and harms the state’s ability to support vulnerable populations and provide vital services to residents in need.”
On October 31, the USDA issued new guidance to state SNAP agencies about changes stemming from legislation referred to as the “One Big Beautiful Bill.” This guidance introduced additional restrictions on non-citizens’ eligibility for SNAP benefits. According to Raoul and his colleagues, the memo was distributed nearly four months after the underlying law took effect and became binding immediately—on a Saturday—leaving states with little time to implement it.
The attorneys general contend that the USDA’s memo incorrectly designates several categories of migrants—including lawful permanent residents who entered as refugees, individuals granted asylum, and those admitted through humanitarian parole programs—as categorically ineligible for SNAP. In their letter, they point out that under federal law, refugees and people granted asylum or humanitarian parole become eligible for SNAP upon obtaining lawful permanent resident status. Many receive their green cards within a few years of arrival in the United States, making them eligible for benefits at that time.
They further note that these groups are exempt from a five-year waiting period required of some other lawful permanent residents. The coalition asserts that by removing these exemptions in its latest guidance, the USDA is contradicting both federal statutes and its own regulations.
Additionally, federal rules typically allow states a 120-day transition period after new guidance is issued before facing penalties for noncompliance. However, Raoul and his fellow attorneys general argue that the USDA claimed this period ended just one day after releasing its memo—before states had an opportunity to review it—potentially exposing them to penalties due to what they describe as delays and inaccuracies by the agency itself.
The coalition is requesting that the USDA correct its instructions by clarifying eligibility criteria for refugees, asylees, and individuals admitted through humanitarian parole once they become lawful permanent residents; accurately list all humanitarian groups exempt from waiting periods; explain how these rules function; and confirm that no state will be penalized until 120 days after issuance of any new guidance.
Attorneys general from California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington and Wisconsin joined Raoul in signing the letter.
