Attorney General Peter F. Neronha has joined a coalition of 21 other state attorneys general in filing a lawsuit against the U.S. Department of Agriculture (USDA) over new guidance that could remove Supplemental Nutrition Assistance Program (SNAP) benefits from thousands of lawful permanent residents.
The group is seeking to prevent implementation of USDA guidance that classifies certain legal immigrants, including those granted asylum or admitted as refugees, as ineligible for SNAP food assistance. The attorneys general claim this guidance conflicts with federal law and could result in significant financial penalties for states. They have asked the court to declare the guidance unlawful.
“On the eve of Thanksgiving, we would do well to remember that there are millions of hungry Americans who rely on SNAP to provide for their families,” said Attorney General Neronha. “As this Administration continues its unlawful attempts to withhold assistance from those who need it most, we continue to claw back funding for Americans across the country. Removing SNAP eligibility, with zero notice, from non-citizens who lawfully reside here is antithetical to our American values. I look forward to a day that our federal government doesn’t directly contradict our collective ideals but until then, we continue the fight.”
According to the coalition, on October 31 USDA issued new instructions describing changes under recent legislation known as the “One Big Beautiful Bill.” This narrowed eligibility for specific non-citizen groups such as refugees and asylum recipients. However, USDA’s memo stated that all individuals entering through humanitarian pathways would remain permanently ineligible for SNAP even after obtaining green cards—a position not found in any federal law or statute.
Last week, Attorney General Neronha and other attorneys general requested clarification or withdrawal of this memo from the federal administration but have yet to receive a response.
The attorneys general argue that existing statutes allow refugees, asylees, humanitarian parolees, and others under humanitarian protection programs to become eligible for SNAP after acquiring lawful permanent resident status and meeting standard requirements. They contend USDA’s guidance unlawfully alters these rules and threatens access to food assistance for qualified individuals.
Additionally, they claim USDA misapplied its own regulations regarding state compliance periods. Federal rules permit states a 120-day grace period following new guidance before facing financial penalties; however, USDA claims this period ended November 1—just one day after releasing its memo—leaving states no time for review or adjustment. The coalition argues this interpretation does not align with agency regulations and exposes states to potential penalties stemming from late and inaccurate information provided by USDA.
States had already begun implementing statutory changes earlier in the year before receiving this abrupt directive from USDA. The attorneys general warn that sudden changes will create confusion among families relying on benefits, risk improper terminations of aid, erode public trust in program administration, and place states at risk either of violating federal law or incurring substantial financial liability.
The lawsuit seeks judicial intervention to vacate the contested guidance and block its enforcement so eligible families do not lose critical food support.
In addition to Rhode Island’s Attorney General Neronha, participating states include California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Vermont Washington Wisconsin and the District of Columbia.
