Attorney General Bonta Urges USDA to Correct Mistakes that Risk Denial of SNAP Benefits to Certain Eligible Noncitizens

OAKLAND— California Attorney General Rob Bonta today joined a coalition of 21 attorneys general in sending a letter to the U.S. Department of Agriculture (USDA) explaining that its recent guidance to states creates the misimpression that the “Big Beautiful Bill” excludes from eligibility for the Supplemental Nutritional Assistance Program (SNAP) certain lawfully residing non-citizens. In fact, these individuals are eligible for SNAP benefits when they become lawful permanent residents. The attorneys general raise concern that the guidance includes significant inconsistencies and errors in the eligibility instructions for humanitarian migrants, which could deprive thousands of legal permanent residents of food assistance to which they are entitled under the law and create confusion and inaccuracies for state agencies. The attorneys general urge USDA to correct their mistakes and not penalize states for any errors that may result from its inaccurate, confusing instructions.

“The USDA wants states to implement confusing and inaccurate interpretations of the law that would wrongfully deny eligibility for food assistance to thousands of lawfully residing immigrants,” said Attorney General Bonta. “If USDA’s guidance is not fixed, certain legal permanent residents could needlessly go hungry. I urge the USDA to take immediate action to rectify its errors.”

Section 10108 of the Big Beautiful Bill amended the Food and Nutrition Act of 2008 to eliminate SNAP eligibility for individuals who entered the U.S. as refugees, were granted asylum, or were granted humanitarian parole based on this status at the time of their admission or parole. The Big Beautiful Bill did not, however, prohibit individuals who once held the status of refugees, asylees, or parolees from gaining eligibility to SNAP if and when they adjust their status to become lawful permanent residents. In the letter, the attorneys general explain that USDA’s guidance incorrectly list refugees, individuals granted asylum, parolees, and deportation withheld as “not eligible” rather than stating they could become eligible for SNAP if they become lawful permanent residents. USDA also incorrectly implies that humanitarian entrants must wait five years after becoming legal permanent residents to qualify for SNAP benefits when these individuals should be eligible immediately after obtaining legal permanent resident status.

The attorneys general note that USDA’s multiple errors have caused significant confusion for the states that have been tasked with implementing new substantive limitations on SNAP eligibility, now with late-coming guidance that is inconsistent with the Big Beautiful Bill. As a result, there is serious risk of an increase in errors as States struggle to reconcile their obligations under the federal statue. Although federal regulations require a 120-day exclusionary period following the application of a new implementing memorandum of a mandatory change, USDA incorrectly states here that the exclusionary period ended on November 1, 2025, just one day after the guidance was issued on Friday, October 31, 2025.

In filing the letter, Attorney General Bonta joins the attorneys general of New York, Colorado, Connecticut, Delaware, Hawai’i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Washington, Wisconsin, and the District of Columbia.