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New York Leads Lawsuit Against USDA Over SNAP Cuts for Refugees and Asylum Seekers

A Coalition of 21 Attorneys General Challenges Federal Policy They Say Illegally Strips Food Aid From Vulnerable Immigrant Families.

New York State, in collaboration with a coalition of 20 other attorneys general, has launched a major lawsuit against the U.S. Department of Agriculture (USDA). This legal action aims to challenge new federal directives that threaten to cut Supplemental Nutrition Assistance Program (SNAP) benefits—commonly known as food stamps—from thousands of refugees and asylum seekers. The lawsuit argues that these directives unlawfully exceed established federal policy, jeopardizing essential support for vulnerable immigrant families across the country.

The comprehensive lawsuit, filed in the U.S. District Court in Oregon, contends that the USDA’s recent guidance goes beyond the scope of a previously introduced domestic policy bill. While that legislation implemented adjustments to social service spending, it explicitly allowed certain immigrant groups to receive SNAP benefits until they attained legal residency. However, the attorneys general argue that the new USDA directives seek to permanently exclude these groups—including those who already hold green cards or lawful permanent residency—from this vital food assistance program.

Sharp Rebuke From New York

New York Attorney General Letitia James strongly condemned the federal government’s actions. In a public statement, James said: “The federal government’s disgraceful efforts to deprive children and families of food continue. The USDA has no authority to arbitrarily remove entire groups of people from SNAP, and no one should go hungry because of the circumstances under which they arrived in this country.” Her remarks underscore the seriousness of the situation and the perceived overreach by the federal agency.

The new directive, outlined in an October 31 memo, could have severe consequences. According to the Attorney General’s Office, as many as 35,000 New Yorkers could lose their food stamp benefits. Additionally, the memo imposes harsh penalties on states that fail to comply immediately with the new rules, with New York potentially facing fines of up to $1.2 billion. A USDA spokesperson declined to comment on the ongoing lawsuit, in keeping with standard practice regarding pending legal matters.

Data from a prior U.S. Department of Health and Human Services report shows that between 2005 and 2019, approximately 21 percent of refugees and asylum seekers received SNAP benefits at some point, compared to about 15 percent of the overall U.S. population.
Research shows that immigrants use U.S. SNAP food aid at lower rates than citizens.

The High Stakes of SNAP Cuts

Data from a prior U.S. Department of Health and Human Services report shows that between 2005 and 2019, approximately 21 percent of refugees and asylum seekers received SNAP benefits at some point, compared to about 15 percent of the overall U.S. population.

This highlights the essential role food stamps play in supporting these communities. Beyond this specific lawsuit, city and state officials estimate that roughly three million New Yorkers rely on food stamps, and nearly 10 percent may see their benefits cut due to other changes stemming from broader federal-local policy shifts. An estimated 41,000 non-citizens may lose their benefits as a result of these wider political changes.

Before filing the lawsuit, Attorney General James—together with a multistate coalition—formally requested clarification from the USDA regarding the new directives affecting refugees and asylum seekers. According to James’ office, that request went unanswered, prompting the decision to pursue legal action.

The lawsuit was spearheaded by the Oregon Attorney General and joined by attorneys general from California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Rhode Island, Vermont, Washington, Wisconsin, and the District of Columbia—demonstrating broad, united opposition to the federal directive.

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