Dana Nessel joins 21 attorneys general in blocking new 'unlawful' SNAP eligibility guidance

(FOX 2) - Attorney General Dana Nessel joined 21 other attorneys general across the country to file a lawsuit that they say is expected to stop the federal government from restricting SNAP benefits. 

Big picture view:

The coalition of attorneys general say they are seeking to block guidance from the USDA that treats legal immigrants as ineligible for food assistance, including permanent residents who were granted asylum or admitted as refugees. 

They argue that the USDA's guidance contradicts federal law and could impose massive financial penalties on states, asking the court to declare the guidance unlawful.

"The law is clear on who can receive SNAP benefits, yet the Trump Administration is trying to strip rightful recipients of the support they need to feed their families," Nessel said. "It is my hope that the Court puts an end to this unlawful guidance and stops the White House’s ongoing chaos and confusion over Americans’ ability to put food on the table."

The backstory:

On Halloween, the USDA made changes to SNAP eligibility under the "One Big Beautiful Bill," which the AG says narrowed eligibility for certain non-citizen groups, including refugees, asylum recipients, and others admitted under humanitarian protection programs. The attorney general stated that the memo incorrectly said that all individuals who entered the country would remain ineligible for SNAP even if an individual obtained their green card and becomes a lawful permanent resident. 

Nessel and 21 other attorneys general called on the federal administration to clarify its position or withdraw and correct the memo. 

They say the USDA has not replied.

Joining AG Nessel in this lawsuit are the attorneys general of:

• California
• Colorado
• Connecticut
• Delaware
• The District of Columbia
• Hawaii
• Illinois
• Maine
• Maryland
• Massachusetts
• Minnesota
• Nevada
• New Jersey
• New Mexico
• New York
• North Carolina
• Oregon
• Rhode Island
• Vermont
• Washington
• Wisconsin

What they're saying:

Nessel and the coalition stated that federal statutes make clear that refugees, humanitarian parolees, individuals whose deportation has been withheld, and other legal immigrants become eligible for SNAP once they obtain their green cards and meet standard program requirements. 

The attorneys general said that the USDA’s memo illegally rewrote those rules and threatens to cut off food assistance for people who are eligible.

They also claim the USDA went against the agency’s own regulations as federal rules give states a 120-day grace period after new guidance is issued to adjust their systems without facing severe financial penalties. 

The coalition said the USDA is now claiming that this period expired on Nov. 1, one day after the guidance was released. 

The attorneys general stated they are asking the court to vacate the guidance and block its implementation to ensure that families do not lose food assistance.