Democrats Sue Over Cut to SNAP Benefits for Non-Citizens and Illegals
Nearly half of all households with noncitizen parents are accessing federal benefits, a category that includes both legal and illegal immigrants. The Trump administration is trying to end these programs, but Democrats are pushing back.
Democratic attorneys general from 21 states and Washington, D.C., have filed a federal lawsuit challenging new USDA guidance that they say unlawfully restricts legal immigrants’ access to SNAP benefits. The lawsuit, filed in Eugene, Oregon, argues that USDA misinterpreted President Trump’s July tax-and-spending law, which narrowed eligibility for some immigrants but still allows green-card holders to apply for food aid after a five-year waiting period.
State officials say the guidance issued on October 31 went beyond the statute by declaring lawful permanent residents who previously held refugee, asylum, or humanitarian parole status permanently ineligible for SNAP. They contend the law allows these groups to receive benefits once they adjust to permanent resident status and meet standard program requirements.
The attorneys general are asking the court to block the guidance, saying it reverses long-standing policy without a reasoned explanation and violates administrative law. They warn that states could face severe financial penalties for noncompliance, with some suggesting that their SNAP programs could be forced to shut down. They also note that USDA did not provide the required 120-day transition period, leaving states to overhaul eligibility systems immediately.
A White House spokesperson said the administration is committed to ensuring that illegal aliens do not receive benefits intended for citizens. SNAP, which serves about 42 million low-income Americans, has been at the center of several legal disputes in recent years, including battles following the lapse in benefits during the recent government shutdown. According to USDA data, refugees made up roughly 1 percent of SNAP recipients in 2023, while other non-citizens, including lawful permanent residents, accounted for about 3 percent.
However, those USDA claims severely undercut the actual number of noncitizens receiving SNAP and other benefits. USDA data from fiscal year 2022 shows that 1.465 million noncitizens received SNAP benefits, with an additional 2.2 million children living in households with noncitizens also participating in the program. These recipients include lawful permanent residents, refugees, asylees, individuals granted stays of deportation, and others. They collected a total of $4.2 billion in benefits. USDA notes that illegal aliens are not eligible for SNAP but may reside in households where other family members qualify.
Illegal aliens are also receiving medical benefits through state and federal funding, including through a backdoor connected to Medicaid. Federal law generally bars illegal aliens from enrolling in federally funded health coverage, including Medicaid, except in limited cases. Because Medicaid is funded jointly by the federal government and individual states, states can choose to use their own funds to cover illegal aliens, leading to significant differences in eligibility across the country. Six states provide Medicaid or Medicaid-like coverage to at least some illegal-alien adults, while fourteen states offer coverage to illegal-alien children and, in some cases, pregnant women. These programs typically have age limits, enrollment caps, or scheduled phaseouts, and several states have recently closed new enrollment or ended coverage for certain age groups.
Emergency Medicaid is available nationwide and uses federal and state funds to cover emergency care, including labor and delivery, for people who otherwise do not qualify for Medicaid because of their immigration status.
Federal funds can also be used for prenatal care through the Children’s Health Insurance Program’s From Coverage to End of Pregnancy option, and some states use additional CHIP mechanisms to provide limited postpartum coverage regardless of immigration status.
Additionally, some states, Colorado, Washington, and soon Maryland, allow illegal aliens to buy Marketplace or equivalent coverage with state-funded subsidies. Illegal aliens can receive emergency treatment in all states, and they may access non-emergency services through federally qualified health centers and free clinics.
Republicans promoted the One Big Beautiful Bill as a major step toward preventing illegal aliens from receiving federal benefits. While the law tightened several eligibility rules, it also leaves existing loopholes and creates new ones. Illegal aliens are already barred from most federal benefits, but their U.S.-born children remain eligible, and parents can receive benefits on their behalf. The new law attempts to limit this by requiring a parent claiming the Child Tax Credit to provide a work-eligible Social Security number. Analysts note that this change is expected to reduce eligibility for many mixed-status households and produce significant long-term savings.
The law also changes how SNAP benefits are calculated by requiring states to count the income of ineligible adults when determining household eligibility, a policy projected to reduce federal spending. Similar Social Security number requirements apply to several other tax benefits, including senior, tip, overtime, and education credits. However, the legislation authorizes $1,000 federal deposits into new “Trump accounts” for children born between 2025 and 2028 without requiring parents to have valid Social Security numbers.
As a result, illegal alien parents could receive these deposits on behalf of their U.S.-born children. A similar pattern exists in the TANF program, where child-only cases allow illegal alien adults to receive monthly benefits on behalf of eligible children. Federal data show that more than 40 percent of TANF families fall into this category, and certain states, especially California, account for a large share.
Because adult heads of household in these cases are not themselves TANF recipients, they are not subject to work requirements or the five-year lifetime limit that apply to eligible adults. These exemptions contribute to longer periods on assistance, and recent TANF reauthorization proposals do not address this longstanding loophole. The Trump administration recently rescinded Clinton-era interpretations that had allowed illegal aliens to receive certain federally funded services, including Head Start and some postsecondary education benefits.
These changes are expected to redirect spending toward eligible citizens and qualified immigrants. Despite new restrictions in the One Big Beautiful Bill, additional policy steps would be required to fully end federal benefit payments to illegal alien adults. But the Democrats oppose these changes, prioritizing benefits for illegal aliens.
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