Blue States Sue Trump Over SNAP Rules Limiting Immigrant Eligibility

By: Rachel Shin | POLITICO

Democratic attorneys general from 21 states and the District of Columbia sued the Trump administration Wednesday over guidance that they say unlawfully blocks certain groups of legal immigrants from accessing food aid.

The GOP’s tax and spending package, which was signed into law in July, narrows some immigrants’ eligibility for the Supplemental Nutrition Assistance Program, the nation’s largest anti-hunger initiative. Green-card holders, however, can apply for benefits after a five-year waiting period.

In their lawsuit, state officials allege USDA issued guidance on Oct. 31 incorrectly declaring that legal permanent residents, including those who came to the U.S. as refugees and asylum seekers, are permanently ineligible for SNAP. They are asking the judge to bar USDA from implementing the guidance.

“The Guidance is arbitrary and capricious because the Defendants failed to provide a reasoned explanation for why the agency was changing its position as to whether individuals who have had the following status were subject to the five-year waiting period: Refugees, Individuals Granted Asylum, Deportation Withheld, and other groups that have the same eligibility as Refugees under statute,” stated the lawsuit, which was filed in the U.S. District Court for the District of Oregon.

The filing comes after attorneys general sent Agriculture Secretary Brooke Rollins a letter raising the issue last week.

USDA declined to comment on pending litigation.

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