Attorney General Keith Ellison, along with attorneys general from 21 other states and the District of Columbia, has filed a lawsuit against the U.S. Department of Agriculture (USDA) to challenge new guidance affecting Supplemental Nutrition Assistance Program (SNAP) eligibility for lawful permanent residents. The coalition seeks to block the federal government from implementing changes that would make certain legal immigrants, including those who were granted asylum or admitted as refugees, ineligible for food assistance.
Attorney General Ellison stated, “It is extremely troubling to once again have to take President Trump to court to stop him from taking food off our neighbors’ tables. If the United States accepts refugees fleeing war, famine, and persecution, the last thing we should do is let them go hungry once they are here. Trump’s action here is not just deeply cruel and immoral, it’s illegal so I’m suing to stop it and make sure families can put food on their tables.”
The USDA issued new guidance on October 31 outlining changes under recent legislation known as the “One Big Beautiful Bill.” The memo asserts that individuals who entered through humanitarian programs would remain permanently ineligible for SNAP even after becoming lawful permanent residents. The attorneys general argue this interpretation is inconsistent with federal law, which allows these groups access to SNAP once they obtain green cards and meet standard requirements.
The lawsuit also contends that USDA misapplied its own regulations regarding implementation timelines. Federal rules grant states a 120-day grace period after new guidance is released before financial penalties apply; however, USDA claims this period expired just one day after issuing its memo. According to the attorneys general, this does not align with agency regulations and exposes states to possible financial penalties due to errors caused by the late issuance of guidance.
States have already started adjusting their systems based on statutory changes made earlier in the year. However, officials say USDA’s sudden instructions force states into rapid overhauls that could cause confusion among families relying on benefits and lead to wrongful terminations of assistance.
The coalition urges the court to declare USDA’s guidance unlawful and prevent its enforcement in order to maintain access to critical food support for eligible families.
Attorneys general from New York and Oregon led the lawsuit effort alongside colleagues from California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Nevada, New Jersey, New Mexico, North Carolina, Rhode Island, Vermont, Washington State, Wisconsin and the District of Columbia.