{"id":2040,"date":"2026-01-08T11:27:25","date_gmt":"2026-01-08T16:27:25","guid":{"rendered":"https:\/\/digitaljournalism.uconn.edu\/balance-of-power\/?p=2040"},"modified":"2026-01-11T14:01:46","modified_gmt":"2026-01-11T19:01:46","slug":"snap-immigration-eligibility-changes","status":"publish","type":"post","link":"https:\/\/digitaljournalism.uconn.edu\/balance-of-power\/2026\/01\/08\/snap-immigration-eligibility-changes\/","title":{"rendered":"SNAP Immigration Eligibility Changes"},"content":{"rendered":"\n
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Press Release:<\/strong><\/h3>\n\n\n\n

Attor\u00adney Gen\u00ader\u00adal Tong Sues to Block Unlaw\u00adful SNAP Eli\u00adgi\u00adbil\u00adi\u00adty Guid\u00adance<\/a><\/p>\n\n\n\n

Preceding Event:<\/strong><\/h3>\n\n\n\n

On July 4, 2025, Pres\u00adi\u00addent Don\u00adald J. Trump signed the One Big Beau\u00adti\u00adful Bill Act. Among many oth\u00ader things, the bill mod\u00adi\u00adfied the Food Nutri\u00adtion Act (FNA). Sec\u00adtion 10108 of the FNA was amend\u00aded to nar\u00adrow eli\u00adgi\u00adbil\u00adi\u00adty for those eli\u00adgi\u00adble to receive ben\u00ade\u00adfits through the Sup\u00adple\u00admen\u00adtal Nutri\u00adtion\u00adal Assis\u00adtance Pro\u00adgram (SNAP), joint\u00adly admin\u00adis\u00adtered by the Unit\u00aded States Depart\u00adment of Agri\u00adcul\u00adture (USDA) and state agen\u00adcies. <\/p>\n\n\n\n

Accord\u00ading to the law\u00adsuit, the bill also amend\u00aded sec\u00adtion 10105 of the FNA and cre\u00adat\u00aded \u201ca set of mas\u00adsive penal\u00adties tied to State error rates in issu\u00ading pay\u00adments to SNAP ben\u00ade\u00adfi\u00adcia\u00adries.\u201d These penal\u00adties require the states to pay a high\u00ader per\u00adcent\u00adage of the cost of SNAP ben\u00ade\u00adfits depend\u00ading on their pay\u00adment error rate. While the aver\u00adage state pay\u00adment error rate in fis\u00adcal year 2024 was 10.93%, states are being pun\u00adished with penal\u00adties start\u00ading at 6%. Only eight states had a pay\u00adment error rate below 6% in the 2024 fis\u00adcal year.<\/p>\n\n\n\n

On Oct. 31, 2025, the USDA issued a memo<\/a> to all state agen\u00adcies issu\u00ading new guid\u00adance imple\u00adment\u00ading the Big Beau\u00adti\u00adful Bil\u00adl\u2019s amend\u00adments to the FNA, lim\u00adit\u00ading eli\u00adgi\u00adbil\u00adi\u00adty for SNAP ben\u00ade\u00adfits \u201cfor cer\u00adtain non-cit\u00adi\u00adzen groups, includ\u00ading refugees, asy\u00adlum recip\u00adi\u00adents, and oth\u00aders admit\u00adted under human\u00adi\u00adtar\u00adi\u00adan pro\u00adtec\u00adtion pro\u00adgrams,\u201d accord\u00ading to the press release. \u201cThe USDA memo, how\u00adev\u00ader, incor\u00adrect\u00adly assert\u00aded that all indi\u00advid\u00adu\u00adals who entered the coun\u00adtry through these human\u00adi\u00adtar\u00adi\u00adan path\u00adways would remain per\u00adma\u00adnent\u00adly inel\u00adi\u00adgi\u00adble for SNAP, even after obtain\u00ading green cards and becom\u00ading law\u00adful per\u00adma\u00adnent res\u00adi\u00addents,\u201d the press release said.<\/p>\n\n\n\n

While fed\u00ader\u00adal rules tra\u00addi\u00adtion\u00adal\u00adly give states a 120 day grace peri\u00adod to imple\u00adment new poli\u00adcies, the memo stat\u00aded that the grace peri\u00adod expired on Nov. 1, 2025 \u2014 one day after the guid\u00adance was issued. This meant the cal\u00adcu\u00adla\u00adtion of pay\u00adment error rates \u2014 and the penal\u00adties that must be paid due to them \u2014 began tak\u00ading effect imme\u00addi\u00adate\u00adly.<\/p>\n\n\n\n

General Overview:<\/strong><\/h3>\n\n\n\n

Accord\u00ading to the press release from Nov. 26, 2025, \u201cAttor\u00adney Gen\u00ader\u00adal William Tong today joined 21 oth\u00ader attor\u00adneys gen\u00ader\u00adal in fil\u00ading a law suit to stop the fed\u00ader\u00adal gov\u00adern\u00adment from unlaw\u00adful\u00adly cut\u00adting off Sup\u00adple\u00admen\u00adtal Nutri\u00adtion Assis\u00adtance Pro\u00adgram (SNAP) ben\u00ade\u00adfits for thou\u00adsands of law\u00adful per\u00adma\u00adnent res\u00adi\u00addents. Attor\u00adney Gen\u00ader\u00adal Tong and the coali\u00adtion are seek\u00ading to block new guid\u00adance from the U.S. Depart\u00adment of Agri\u00adcul\u00adture (USDA) that wrong\u00adly treats sev\u00ader\u00adal groups of legal immi\u00adgrants as inel\u00adi\u00adgi\u00adble for food assis\u00adtance, includ\u00ading per\u00adma\u00adnent res\u00adi\u00addents who were grant\u00aded asy\u00adlum or admit\u00adted as refugees. The attor\u00adneys gen\u00ader\u00adal argue that the guid\u00adance con\u00adtra\u00addicts fed\u00ader\u00adal law and could impose mas\u00adsive finan\u00adcial penal\u00adties on states, and are ask\u00ading the court to declare the guid\u00adance unlaw\u00adful.\u201d<\/p>\n\n\n\n

Date of filing:<\/strong><\/h3>\n\n\n\n

Nov. 26, 2025<\/p>\n\n\n\n

Case #:<\/strong><\/h3>\n\n\n\n

6:25-cv-02186<\/a><\/p>\n\n\n\n

Case title:<\/strong><\/h3>\n\n\n\n

State of New York et al v. Rollins et al<\/em><\/p>\n\n\n\n

Plaintiffs:<\/strong> 21 states and D.C.<\/h3>\n\n\n\n