New York is leading a multistate effort to reverse federal policy changes that could wrongly strip food assistance from thousands of legally present immigrant families.
The state is urging the U.S. Department of Agriculture (USDA) to fix recent guidance that misinterprets long-standing laws governing the Supplemental Nutrition Assistance Program (SNAP), formerly known as food stamps. The new rules, issued October 31, incorrectly classify several categories of immigrants as ineligible for SNAP — including refugees, asylees, and individuals granted humanitarian parole — even after they obtain lawful permanent residency.
State officials warn that the guidance threatens to unlawfully block vulnerable residents from accessing critical food support. In New York alone, more than four million people rely on SNAP annually, including thousands of families with legal immigration status.
The USDA’s abrupt rollout gave states little time to react. The policy memo was released on a Friday and took effect the following day — a Saturday — with no business day for implementation. The agency also claimed that a 120-day transition period had already expired, potentially exposing state agencies to penalties for errors they had no time to correct.
According to New York officials and 20 other states, the USDA’s position not only contradicts federal law but also puts families at risk of food insecurity and states at risk of noncompliance.
What New York is asking for:
- A correction that affirms SNAP eligibility for lawful permanent residents who arrived as refugees, asylees, or through humanitarian parole.
- An accurate interpretation of the five-year residency exemption granted to these groups.
- A clear reset of the 120-day transition period to begin on the actual release date of the USDA’s memo.
The legal coalition argues that these changes are essential to prevent thousands from being cut off from food assistance due to bureaucratic missteps. Advocates say many immigrants receive their green cards within a few years of arrival — making them eligible for SNAP under existing law.
New York’s position underscores its broader commitment to supporting low-income families and immigrant communities, particularly as cost-of-living pressures remain high across the state.
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