AG James Leads 21-State Coalition Suing to Block SNAP Cuts for Permanent Residents

New York Attorney General Letitia James on Wednesday filed a federal lawsuit to stop the Trump administration from enforcing new guidance that could cut off food assistance for tens of thousands of lawful permanent residents.

NY AG, Letitia James

James, joined by a coalition of 21 attorneys general, is challenging an October 31 directive from the U.S. Department of Agriculture that she says unlawfully restricts Supplemental Nutrition Assistance Program (SNAP) eligibility for refugees, asylees and other immigrants admitted through humanitarian programs — even after they become green card holders.

“The federal government’s shameful quest to take food away from children and families continues,” James said in a statement. “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.”

The lawsuit argues the USDA memo misinterprets changes Congress enacted earlier this year through what the administration calls the “One Big Beautiful Bill.” While the statute narrowed SNAP eligibility for certain non-citizen groups, it did not exclude refugees and asylees who later obtain lawful permanent residency. Federal law explicitly makes those individuals eligible once they meet routine program requirements, James said.

According to the complaint, the USDA guidance “goes far beyond the statute,” asserting that humanitarian entrants remain permanently ineligible even after securing green cards. The attorneys general say the interpretation effectively rewrites federal law and threatens to unlawfully strip food benefits from people who have long qualified for assistance.

States also object to what they call the USDA’s “impossible” implementation timeline. Federal regulations give states a 120-day grace period to update eligibility systems after new guidance is issued. But USDA now claims that window closed on Nov. 1 — just one day after the memo was released, over a weekend and during a federal government shutdown. The attorneys general argue that violating the agency’s own rules renders the guidance unlawful.

Officials warn that immediate implementation could destabilize SNAP administration nationwide, spur wrongful terminations, and sow confusion among the roughly 42 million Americans who rely on the program.

The stakes are particularly high in New York, where as many as 35,000 lawful permanent residents could lose assistance if the guidance takes effect. The state could also face up to $1.2 billion in penalties for failing to comply — fines so severe that some states say they could be forced to halt their SNAP programs altogether, according to the lawsuit.

“This abrupt and incorrect directive threatens to push thousands of New Yorkers into crisis and overwhelm food pantries, shelters and other emergency support systems,” the attorney general’s office said.

James and her counterparts formally urged USDA last week to withdraw the memo, but the agency did not respond. The lawsuit asks the court to vacate the guidance and block its enforcement before states are required to implement changes.

Attorneys general from California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Rhode Island, Vermont, Washington, Wisconsin and the District of Columbia joined New York in the lawsuit.