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Which noncitizen categories (e.g., lawful permanent residents, refugees, asylees, TPS recipients) are immediately eligible for SNAP in 2025?
Executive summary
Federal law changed noncitizen SNAP eligibility in 2025: Section 10108 of the One Big Beautiful Bill Act (H.R. 1) narrowed SNAP access so that, effective on enactment (July 4, 2025) and applied to new applicants immediately (and to ongoing cases by recertification with a November 1, 2025 implementation deadline), only U.S. citizens, U.S. nationals, lawful permanent residents (LPRs), Cuban and Haitian entrants, and Compact of Free Association (COFA) citizens are within the statutory eligibility categories for SNAP [1]. Reporting and advocacy groups say refugees, asylees, most parolees and many other previously eligible lawfully present noncitizens no longer qualify under the new law [1] [2] [3].
1. What the 2025 law actually lists as eligible noncitizen categories
The Food and Nutrition Service (FNS) explains Section 10108 of the One Big Beautiful Bill Act amends the Food and Nutrition Act to limit SNAP eligibility to: lawful permanent residents (green card holders), Cuban and Haitian entrants, and Compact of Free Association (COFA) citizens — in addition to U.S. citizens and U.S. nationals — for the purposes of the SNAP statute [1]. FNS explicitly says the provision was effective on enactment (July 4, 2025) and states must apply the new criteria to new SNAP applicants at initial certification [1].
2. Groups reported to lose immediate eligibility under the change
Multiple sources and analyses indicate that refugees and asylees — who before July 2025 were typically eligible for SNAP without a five-year waiting period — are excluded by the OBBB amendments and are being treated as no longer eligible under the new statutory text [1] [2] [3]. Reporting from policy outlets and state guidance notes that categories such as many parolees, trafficking survivors with certain statuses, and other lawfully present groups that previously could qualify under PRWORA exceptions are now outside the enumerated groups [1] [3].
3. Timing and implementation details states must follow
FNS guidance says Section 10108 was effective upon enactment and that state agencies must immediately apply the new criteria to new applicants at initial certification; for households already receiving SNAP, states must review circumstances and apply the policy at recertification, with a 120‑day variance exclusion allowed only through November 1, 2025 [1]. A separate Pennsylvania memo likewise states H.R. 1’s changes became effective November 1, 2025 for implementation purposes and requires states to review cases [4].
4. Where interpretation and short-term practice vary across states
Advocates and reporting note that states have struggled interpreting FNS guidance during administration and system changes; some states started notifying current recipients with refugee or asylee status that they are no longer eligible, while other jurisdictions sought ways to limit disruption [5] [6]. Sources say USDA/FNS published memoranda to help states, but the operational details and messaging to households produced uncertainty and variation in practice [1] [6].
5. Historical baseline and what changed from prior rules
Before the July 2025 law, certain lawfully present noncitizens (notably refugees and asylees) were eligible for SNAP without the five‑year LPR waiting period that applied to other green card holders under PRWORA; other lawfully present categories could also access SNAP after meeting PRWORA conditions. The July law rescinded that broader statutory inclusion and narrowed eligible noncitizen groups to the list above [1] [2].
6. Claims, counterclaims, and limits of the available reporting
Advocacy groups and nonpartisan analysts emphasize that “refugees and asylees are no longer eligible” under the new law and report significant numbers affected in some states [2] [7]. FNS memoranda focus on statutory language and implementation steps rather than enumerating every immigration subcategory that will be impacted, and some state materials provide operational details [1] [4]. Available sources do not mention an exhaustive list of every immigration subclass affected beyond the examples cited, so precise counts and every edge-case category are not fully documented in the provided reporting (not found in current reporting).
7. Practical takeaway for people and advocates
If you are a noncitizen seeking SNAP in 2025, the most clearly protected categories under the new federal statute are LPRs, Cuban and Haitian entrants, and COFA citizens; refugees and asylees are reported as excluded from eligibility under the amended statute and many states have started applying that rule to new certifications and, at recertification, to existing cases [1] [2]. Affected households should check specific state SNAP office guidance and recent FNS memoranda for implementation rules and timelines [1] [4].
Limitations: This summary relies on FNS implementation guidance and contemporaneous reporting and advocacy analyses; the provided sources do not include every state’s operational rules or every class of immigration status in exhaustive detail (not found in current reporting).