Attorney General Nick Brown joined forces with counterparts from 21 states to challenge what they describe as unlawful restrictions on food assistance for legal immigrants who hold green cards.
The legal action targets recent federal guidance that coalition members say misinterprets which lawful permanent residents qualify for the Supplemental Nutrition Assistance Program. According to the lawsuit, the new interpretation incorrectly excludes individuals who entered through humanitarian channels, even after they obtained permanent resident status.
“SNAP benefits ensure Washingtonians, including seniors, children, and people living with disabilities, have enough to eat every day,” Brown said in a statement. “Now, without any warning or legal basis, USDA is trying to rip these benefits away from green card holders in our communities.”
The Department of Agriculture released the guidance on October 31, outlining eligibility changes tied to recently enacted federal legislation. The coalition argues this guidance contradicts established federal statutes that grant SNAP eligibility to refugees, asylum recipients, humanitarian parolees, and similar groups once they become lawful permanent residents and meet standard program requirements.
Beyond the eligibility question, the attorneys general contend the federal guidance creates impossible administrative timelines for states. The memo suggests a 120-day adjustment period for state systems expired just one day after the guidance was issued, a reading the coalition says violates the department’s own regulations. Those regulations specify the grace period cannot begin until guidance is actually provided to states.
This timing issue puts Washington and other states in a difficult position. They face potential financial penalties for errors in administering benefits, even though those errors would stem from late and contradictory federal instructions. State officials have already begun implementing changes required by earlier legislation, but the new guidance would force them to overhaul eligibility systems with virtually no notice.
The coalition warns these abrupt changes will create widespread confusion among program administrators and beneficiaries. They anticipate wrongful benefit terminations, erosion of public trust in the program, and impossible choices for states caught between conflicting federal requirements and financial liability.
New York and Oregon attorneys general are leading the multi-state effort, which includes representation from California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Rhode Island, Vermont, Wisconsin, and the District of Columbia.
The coalition is asking the court to vacate the guidance and block its implementation while the legal challenge proceeds. Their central argument rests on statutory language they say clearly establishes SNAP eligibility for these lawful permanent residents once they meet program requirements. They contend the federal guidance attempts to rewrite these rules without proper legal authority, threatening food security for vulnerable families across participating states.
Washington state officials have not disclosed how many residents might be affected by the guidance if it remains in effect.
