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What are the federal rules for SNAP eligibility based on immigration status?
Executive summary
Federal SNAP eligibility is now limited mainly to U.S. citizens and “qualified aliens”; many previously eligible humanitarian groups (refugees, asylum‑seekers, parolees) have been made ineligible by recent federal law changes, while some green card holders remain subject to a five‑year bar unless exempted [1] [2]. Agencies and advocates say the changes will remove benefits for tens of thousands and create confusing state implementation questions; households still receive prorated benefits for eligible members and states may use SAVE to verify status [2] [1].
1. What the federal baseline rule is: citizens, nationals and “qualified aliens”
Federal law generally limits SNAP to U.S. citizens, U.S. nationals, and “qualified aliens” who fall into specific immigration categories defined in PRWORA and the Food and Nutrition Act; unauthorized (undocumented) immigrants are ineligible for federal SNAP [3] [4]. The U.S. Department of Agriculture requires state agencies to verify immigration status through the SAVE system before certifying non‑citizen participants [1].
2. The five‑year bar and the exemptions that still matter
Historically, the 1996 welfare reform (PRWORA) imposed a five‑year waiting period for many lawful permanent residents (LPRs) to qualify for federal means‑tested benefits, including SNAP, though numerous statutory exemptions exist (children, people receiving disability benefits, certain military‑connected individuals, and those with specified prior humanitarian statuses) [5] [6]. After the newest statutory changes, some green card holders still must meet the five‑year requirement unless they fall into one of the enumerated exemptions [7] [6].
3. Recent law (the “One Big Beautiful Bill” / OBBB) changed who counts as eligible
Congress passed a law in 2025 (commonly discussed as the One Big Beautiful Bill, OBBB) that narrowed the list of immigrant categories that qualify for SNAP; USDA/FNS issued implementation guidance and an information memorandum to states describing the changes and steps for agencies to follow [1] [2]. The new law removed long‑standing federal eligibility for several humanitarian groups — for example, refugees and many parolees and asylees who previously qualified — unless they later adjusted to LPR status or otherwise meet narrow exceptions [1] [2].
4. Practical effects: mixed‑status households and prorated benefits
SNAP benefits are calculated at the household level, but only eligible members receive benefits; when a household includes ineligible immigrants, the benefit amount is prorated for eligible household members based on countable income and deductions [3] [2]. State offices must review changes discovered during certification periods, and agencies are directed not to pursue claims for over‑issuance if households were not required to report immigration status changes [1].
5. Confusion, conflicting guidance, and advocacy warnings
Immigrant‑rights groups such as the National Immigration Law Center (NILC) and local legal aid organizations warn that FNS guidance contains conflicting language that could lead states to misapply exclusions and wrongly cut benefits; NILC says the guidance “creates confusion” and could leave thousands without benefits [8] [2]. Advocates and analysts also say fear of public‑charge consequences and past rule changes already deter eligible immigrants from applying [3] [5].
6. State‑level variation and safety nets
Several states have historically used state‑funded programs or policy workarounds to serve immigrants who are ineligible for federal SNAP; in the wake of federal changes, some states may expand or create state‑only food assistance but federal rules still control SNAP eligibility and SAVE verification [4] [1]. Community partners — food banks, faith groups, and legal services — remain important stopgaps where federal eligibility is lost [2] [4].
7. What to watch next and what applicants should do
FNS’s September 4, 2025 memorandum and subsequent state‑level implementation actions are the authoritative sources for how the law will be applied; households should respond promptly to state requests for verification, keep documentation (green card, refugee paperwork, etc.), and seek legal help if benefits are reduced or terminated [1] [9]. Legal aid groups emphasize the right to appeal and the availability of state or local supports while appeals or verifications are pending [9] [2].
Limitations: reporting is evolving and the sources above reflect government guidance, legal‑aid summaries, and advocacy analysis; available sources do not mention every administrative detail states will adopt and do not provide a complete enumeration of every immigration subclass still eligible under narrow exceptions [1] [8].