Which noncitizen groups are exempt from the five-year bar for SNAP in 2025?
Executive summary
The 2025 reconciliation law (the One Big Beautiful Bill, a.k.a. H.R. 1 / OBBB) narrowed SNAP eligibility for many noncitizens and reiterated a five‑year bar for certain lawful permanent residents, but longstanding statutory exemptions to that five‑year waiting period remain in federal law and are the subject of disputed implementation guidance from USDA/FNS and legal challenges (see FNS implementation memo and NILC analysis) [1] [2].
1. What the law changed and what it did not explicitly erase
Congress’ 2025 reconciliation package amended section 6(f) of the Food and Nutrition Act and limited which alien categories may receive SNAP, with Section 10108 effective on enactment, July 4, 2025; FNS directed states to verify status through SAVE and to remove household members who no longer fall into covered groups [1]. Several advocacy groups and states interpret the new law as narrowing eligibility for refugees, asylees and other humanitarian classes — and that has produced immediate state-level action and lawsuits — but available sources do not show congressional text expressly repealing all prior five‑year exemptions found in PRWORA; instead FNS guidance and its chart attempt to apply the OBBB amendments to existing categories [1] [3].
2. Which noncitizen groups historically have been exempt from the five‑year bar
Under the 1996 Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) and subsequent guidance, many “qualified” immigrant groups were exempt from the five‑year waiting period — for example refugees, asylees, certain battered spouses and children, individuals granted humanitarian protection, veterans and others — and advocates say states should continue to follow those PRWORA exemptions when implementing SNAP rules [2]. NILC’s analysis argues FNS guidance should implement the longstanding exemptions for humanitarian immigrants, and the organization warns the guidance is internally contradictory and causing confusion [2].
3. USDA/FNS implementation: a narrower list and operational directives
FNS published an “Alien SNAP Eligibility” implementation page and an information memorandum describing the OBBB SNAP provisions, summarizing that Section 10108 limits SNAP eligibility to certain listed groups and instructing states on verification, effective dates and a temporary 120‑day variance period for misapplications through November 1, 2025 [1]. That memo states if an alien does not fall into the groups listed in the amended section 6(f), the alien is no longer eligible and must be removed — a directive that states say has caused rapid case actions and confusion [1] [3].
4. Conflicting readings: advocates vs. federal guidance
Immigrant‑rights advocates and legal groups say FNS’s practical guidance conflicts with prior law and that states should implement the five‑year exemptions found in PRWORA (including humanitarian exemptions) — NILC says USDA’s memo is “internally contradictory” and urges adherence to 1996 exemptions [2]. Conversely, FNS’s implementation materials and state memos (e.g., Pennsylvania) report that H.R. 1 requires narrower eligibility and instruct states to apply the new lists, prompting state-level closures effective November 1, 2025 [1] [4].
5. Real‑world consequences and litigation
States including Oregon have joined suits to block or constrain FNS guidance, arguing that federal direction has caused confusion and unlawful denials for refugees, asylees and other humanitarian groups; reporting notes plaintiffs say guidance diverges from the statutory text and led to abrupt operational changes for agencies and beneficiaries [3]. Advocacy organizations such as USCRI warn several humanitarian groups face imminent loss of SNAP access in some states and that program pauses during funding uncertainty have exacerbated the problem [5] [3].
6. Practical takeaways for people and state agencies
FNS tells state agencies to use SAVE to verify immigration status and to apply the amended section 6(f) lists; it also allowed a 120‑day variance window to address misapplications through November 1, 2025 [1]. Advocacy groups urge states to continue recognizing PRWORA’s exemptions — particularly for refugees and other humanitarian classes — and warn that implementation choices by states may exceed what the statute requires [2] [5].
7. Limitations, open questions and next steps
Available sources document the legislative change, FNS implementation guidance, advocacy challenges, and state memoranda, but they do not provide a single definitive list in this collection that reconciles PRWORA’s five‑year exemptions with the OBBB amendments; therefore a precise up‑to‑the‑minute roster of which groups are formally treated as exempt in every state is not present in current reporting [1] [2] [4]. Expect litigation outcomes and subsequent FNS clarifications to resolve discrepancies; consult the FNS “Alien SNAP Eligibility” page and state notices for agency‑specific instructions [1] [6].
If you want, I can extract from the FNS table of noncitizen groups [6] and compare it line‑by‑line with PRWORA exemptions cited by NILC [2] to produce a side‑by‑side summary of which humanitarian categories advocates say remain exempt and which categories FNS says are now excluded.