by Albany, NY — A growing coalition of states, led by New York Attorney General Letitia James, has filed a sweeping lawsuit accusing the Trump administration of unlawfully restricting Supplemental Nutrition Assistance Program (SNAP) benefits for lawful permanent residents. The lawsuit argues that recently issued federal guidance is intentionally misinterpreting the One Big Beautiful Bill (OBBB) Act, passed by Congress in July, to block certain green card holders from accessing food assistance.
Filed on Wednesday, the lawsuit alleges that the Food and Nutrition Services (FNS) — a subagency of the U.S. Department of Agriculture (USDA) — issued October guidance during the height of the government shutdown that dramatically narrows noncitizen eligibility for SNAP. According to the plaintiffs, the agency’s interpretation is not only wrong but also violates federal law.
Guidance Allegedly Misclassifies Eligible Immigrants
At the heart of the lawsuit is a claim that the administration is trying to prevent specific groups of immigrants — particularly refugees and asylum seekers — from ever receiving SNAP benefits after becoming lawful permanent residents (LPRs).
According to the lawsuit, the FNS guidance creates a “false dichotomy” by categorizing certain noncitizens as either “Not eligible unless an LPR” or simply “Not eligible.” The plaintiffs argue that this ignores the long-standing rule that once a noncitizen adjusts to LPR status, they may qualify for SNAP if they meet all other requirements.
The complaint asserts:
“Regardless of the status they once held, any non-citizen who adjusts to LPR status can become eligible for SNAP… However, the Guidance incorrectly places many of these individuals in the ‘Not eligible’ category.”
Officials say this misclassification misleads immigrants, falsely implying they can never obtain benefits — an interpretation the lawsuit claims is flatly inconsistent with federal law.
Dispute Over Five-Year Waiting Period
A second issue centers on how the administration is applying the Personal Responsibility and Work Opportunity Act (PRWORA). Under PRWORA, most green card holders must wait five years before becoming eligible for SNAP — but exceptions exist for roughly a dozen categories, including children, disabled individuals, and those admitted as refugees or granted asylum.
The lawsuit argues that the new guidance illegally removes those long-standing exceptions for certain green card holders.
The complaint emphasizes:
“PRWORA excludes individuals who were admitted as refugees, granted asylum, had their deportation withheld, and others, from the five-year waiting period. And no provision of the OBBB amended these exemptions.”
In other words, the states say the federal government is rewriting the law without Congress ever approving such changes.
States Warn of “Catastrophic” Financial Penalties
A third major concern is a new error-tracking system introduced by the guidance. According to the lawsuit, the FNS framework threatens states with severe financial penalties unless they immediately enforce the disputed rules — despite the OBBB’s 120-day window for implementing new federal requirements.
The states argue that the administration is giving them effectively one day of flexibility before sanctions may kick in, a move they call unlawful and impossible to comply with.
Attorney General James Condemns the Policy
In a sharply worded statement, Attorney General Letitia James condemned the administration’s efforts:
“The federal government’s shameful quest to take food away from children and families continues. 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.”
She vowed that her office will “do everything in [her] power” to protect New Yorkers and fight the unlawful policy.
A Multi-State Legal Battle Begins
New York is joined by 20 other states as co-plaintiffs. Together, they accuse the administration of violating multiple provisions of the Administrative Procedure Act, the federal law that governs how agencies create, modify, and enforce regulations.
If the states prevail, the federal government could be forced to withdraw or rewrite the guidance — preserving SNAP access for thousands of lawful permanent residents nationwide.
Should states have the power to challenge federal SNAP policy? Drop your thoughts in the comments.
