A federal law signed on July 4, 2025 fundamentally changed who can receive SNAP, commonly called food stamps, based on immigration status.
There is an important date distinction. Section 10108 was effective on enactment, July 4, 2025, but the change was applied to people already receiving SNAP over the following months. USDA issued an implementation memo on October 31, 2025 directing states to verify immigration status and to re-check current cases at their next recertification.
Under the new rules, SNAP eligibility for noncitizens is now limited to lawful permanent residents, Cuban and Haitian entrants, and citizens of the three Compact of Free Association countries. U.S. citizens and U.S. nationals remain eligible if they meet the normal SNAP requirements.
That means refugees, asylees, many parolees and several other humanitarian categories that previously could qualify through their immigration status are no longer eligible based on that status.
At the same time, a separate immigration rule that took effect on September 18, 2026 changed how government benefits such as SNAP can be considered in certain green card and admission cases.
Those are two different rules.
Here is what changed, who can still receive SNAP, and what immigrants need to know before applying.
Who can still receive SNAP based on immigration status?
Section 10108 of the One Big Beautiful Bill Act (Public Law 119-21) changed the federal rules governing SNAP eligibility for noncitizens.
USDA says SNAP eligibility is now limited to these immigration categories:
- Lawful permanent residents (green card holders)
- Cuban and Haitian entrants
- Citizens of the Compact of Free Association countries, which are the Federated States of Micronesia, the Marshall Islands, and Palau
U.S. citizens and U.S. nationals also remain eligible when they meet the program’s other requirements.
The change is significant because the previous rules allowed several additional categories of “qualified aliens” to receive SNAP if they met the applicable eligibility requirements, including certain five-year waiting periods and exemptions.
The new law removed those categories from the federal SNAP eligibility list unless they later become lawful permanent residents.
Which immigrants lost SNAP eligibility?
Several groups that previously could qualify through their immigration status are no longer eligible for SNAP solely because they hold that status.
The affected categories include:
- Refugees
- Asylees
- People granted withholding of deportation or removal
- Certain parolees
- Conditional entrants
- Certain battered immigrants
- Certain victims of trafficking
- Certain humanitarian and special immigrant categories that previously qualified under federal SNAP rules
USDA’s implementation guidance explains that Section 10108 replaces the previous broader definition with the much narrower list of eligible noncitizen categories.
This does not mean every person in one of these categories can never receive SNAP again.
For many people, obtaining lawful permanent resident status can bring them back into the eligible category, although a five-year waiting period may then apply depending on how they obtained LPR status and whether an exemption applies.
That distinction is important.
The change did not mean everyone lost benefits on July 4, 2025
The law was signed on July 4, 2025, but that was not the date every SNAP eligibility change took effect.
USDA issued implementation guidance for Section 10108. The provision was effective on enactment, July 4, 2025, but USDA’s October 31, 2025 implementation memo directed states to verify immigration status and to re-check households already receiving SNAP at their next recertification. In practice, existing recipients were moved off benefits as their cases came up for review, not all on a single day.
So an article saying “refugees lost SNAP on July 4” is technically too simplistic.
A better way to describe it is:
The law was signed July 4, 2025, and its new noncitizen SNAP eligibility rules took effect later as states implemented Section 10108.
What if you have a green card?
Green card holders remain within the federal SNAP-eligible immigration categories.
But that does not mean every green card holder immediately qualifies.
The normal SNAP income and eligibility rules still apply, and the federal five-year waiting period generally remains for many lawful permanent residents.
There are important exceptions.
A lawful permanent resident can generally avoid the five-year wait if they meet one of the statutory exceptions, including certain people who:
- Are under 18
- Have 40 qualifying quarters of work
- Are blind or disabled
- Have certain qualifying military connections
- Were lawfully residing in the United States and met the applicable age requirement tied to the 1996 welfare law
The details of the work-credit and military exceptions can be complicated, so having a green card is not by itself enough to determine eligibility.
And the five-year period is tied to the person’s qualifying status and the applicable SNAP rules. It is not simply “five years after arriving in America.”
What about Cuban and Haitian entrants and COFA migrants?
These groups received a particularly important exception under the new law.
Cuban and Haitian entrants remain eligible under the new federal SNAP immigration categories.
The same is true for citizens of the three Compact of Free Association countries:
- Federated States of Micronesia
- Marshall Islands
- Palau
USDA specifically lists these categories alongside lawful permanent residents as eligible noncitizen groups.
Unlike many green card holders, these groups are not subject to the normal five-year SNAP waiting period solely because of their immigration status.
What happens in a mixed-status family?
A household does not automatically lose all of its SNAP benefits because one member is not eligible.
This matters in families where, for example, a parent is not SNAP-eligible but a child is a U.S. citizen.
The eligible household members can still apply for and receive SNAP if they meet the other requirements.
The ineligible person is excluded from the SNAP assistance unit for benefit purposes. But that does not necessarily mean the person’s income disappears from the calculation.
USDA’s SNAP rules generally require states to consider the income of an ineligible household member under specific rules when determining the benefits available to eligible members.
So a mixed-status household can still receive SNAP, but the benefit amount can be affected by the income of the person who is not eligible.
This is why a family should not assume that “Dad is ineligible, so the children cannot get SNAP.”
That is not how SNAP household rules work.
Your U.S.-citizen children can still qualify
If a parent is ineligible because of immigration status, that does not make the parent’s U.S.-citizen children ineligible.
For example, consider a family with:
- One parent who is not eligible for SNAP
- One U.S.-citizen spouse
- Two U.S.-citizen children
The eligible members can still be evaluated for SNAP.
The state agency determines the household composition, income, deductions and benefit amount under SNAP rules.
This is especially important because parents sometimes avoid applying because they believe applying on behalf of an eligible U.S.-citizen child will expose the entire family to immigration problems.
That is a separate question from whether the child qualifies for SNAP.
The bigger immigration question: Can SNAP hurt a future green card?
This question became more complicated on September 18, 2026.
DHS rescinded the 2022 public-charge regulations, and USCIS implemented new guidance on the public-charge ground of inadmissibility. The new framework applies to applications for admission made on or after September 18, 2026 and adjustment-of-status applications postmarked or electronically submitted on or after that date.
Under the new framework, USCIS can consider means-tested public benefits, including SNAP, as part of a broader assessment of whether an applicant is likely to become a public charge.
The key word is consider.
Receiving SNAP does not automatically mean your green card application will be denied.
USCIS says public-charge determinations are prospective and based on the totality of the circumstances. Officers consider the applicant’s circumstances rather than applying a single automatic SNAP threshold.
The factors can include things such as:
- Age
- Health
- Family status
- Financial resources
- Education and skills
- Employment history
- Certain government benefits
- An Affidavit of Support when one is legally required
The new rule specifically says DHS will not exclude SNAP from consideration. Its Federal Register discussion explicitly identifies SNAP as a means-tested benefit that may be relevant to a public-charge determination.
Benefits received before September 18 are treated differently
The effective date matters.
For means-tested benefits received before September 18, 2026, the previous public-charge framework applies.
For applications covered by the new rule, benefits received on or after September 18 can be considered under the new framework.
So there is a real dividing line:
Before September 18, 2026: SNAP was generally outside the public-charge analysis under the 2022 rule.
On or after September 18, 2026: SNAP can be considered as part of the broader public-charge assessment.
That does not create an automatic disqualification. It means the benefit can become one piece of the immigration officer’s overall assessment.
Does your child’s SNAP count against you?
This is an area where families need to be careful.
The public-charge analysis focuses on the applicant. Benefits received by another household member are not automatically treated as if they were received by the applicant.
The new framework is broader than the 2022 rule, but it still requires an individualized assessment of the person applying.
So if a U.S.-citizen child receives SNAP, that does not automatically mean the parent’s green card application is treated as though the parent personally received SNAP.
Because the new policy is recent and its application can depend on the exact immigration filing and household circumstances, families with a pending or planned adjustment-of-status application should get case-specific legal advice rather than relying on a simple headline such as “SNAP will cost you your green card.”
Public charge is not a test for everyone
The public-charge rule applies to particular immigration decisions, especially admission to the United States and adjustment of status.
It is not a general rule saying that anyone who receives SNAP can lose their immigration status.
It also does not mean an existing green card holder is routinely re-tested every time they use a government benefit.
There are also immigration categories and applications that are exempt from the public-charge ground of inadmissibility.
For example, refugee and asylee applicants have specific statutory protections in this area.
The exact immigration application matters.
SNAP has another major change: work requirements
The 2025 law also expanded SNAP work requirements for certain adults.
Previously, the federal ABAWD time limit generally applied to adults 18 through 54 who did not have dependents meeting the applicable exemption.
The new rules expanded the age range through 64.
The child-related exemption also became narrower. Having a child under 18 in the household previously protected an adult from the federal ABAWD rule. Under the new rules, the relevant child age is generally under 14.
For adults who are subject to the ABAWD rules, the basic federal requirement is generally 80 hours per month of qualifying work or an approved work or training activity.
Without meeting the requirement or qualifying for an exemption, a person can generally receive SNAP for only three months within a 36-month period under the federal time limit.
The law also changed some of the exemptions and eliminated federal authority for certain broad ABAWD waivers based on local unemployment conditions.
This work-rule change applies independently of immigration status.
So a green card holder can be legally eligible for SNAP but still lose benefits because of the work requirement if they are subject to the ABAWD rules and do not meet an exemption or work requirement.
Do you qualify financially?
Immigration status is only one part of SNAP eligibility.
For federal fiscal year 2026, which runs from October 1, 2025 through September 30, 2026, the standard gross and net income limits for the 48 contiguous states and Washington, D.C. are:
| Household size | Gross monthly limit | Net monthly limit |
|---|---|---|
| 1 | $1,696 | $1,305 |
| 2 | $2,292 | $1,763 |
| 3 | $2,888 | $2,221 |
| 4 | $3,483 | $2,680 |
| Each additional person | +$596 | +$459 |
These are the standard federal figures. Alaska and Hawaii have higher limits, and some households can qualify under different rules or deductions.
SNAP also uses deductions when calculating net income. Depending on the household, deductions can include certain shelter costs, dependent care and other allowable expenses.
So being slightly above the gross-income figure does not necessarily tell you the final answer in every household.
USDA publishes the annual SNAP income standards and maximum allotments.
The practical checklist for immigrants
If you are an immigrant considering SNAP in 2026, there are now several separate questions to answer.
1. What is your immigration status?
If you are a green card holder, Cuban or Haitian entrant, or qualifying COFA citizen, you remain within the federal eligible categories.
If you are a refugee, asylee, parolee or another humanitarian category, do not assume your previous SNAP eligibility still applies.
2. Have you satisfied the five-year rule?
If you are a green card holder, check whether an exemption applies to you.
3. Are you subject to the work requirement?
If you are 18 to 64 and do not have a child under 14 in the household, check whether the ABAWD rules apply to you and whether you qualify for an exemption.
4. Does your household have eligible members?
A mixed-status household can still potentially receive SNAP for eligible members.
5. Are you applying for a green card or admission?
If so, the September 18, 2026 public-charge changes make the situation more complicated because SNAP and other means-tested benefits can now be considered in the overall assessment.
6. When did you receive the benefit?
The September 18, 2026 public-charge effective date matters.
The bottom line
The 2025 law did not simply “end food stamps for immigrants.”
It created a much narrower federal eligibility list.
Green card holders, Cuban and Haitian entrants, and qualifying COFA citizens remain eligible based on immigration status.
Refugees, asylees, many parolees and several other humanitarian categories lost eligibility based on those statuses once the new rules took effect.
And there is a second, completely separate issue for people thinking about immigration benefits.
Since September 18, 2026, USCIS can consider receipt of means-tested benefits such as SNAP as part of a public-charge assessment for covered applications. That does not make SNAP an automatic green-card disqualifier. The decision is based on the applicant’s overall circumstances.
For a family that needs food assistance today, the answer is not to guess from an immigration headline.
Check the SNAP rules in your state, determine which household members are actually eligible, and if a green card or admission application is involved, get immigration advice based on the specific application before making a decision.
Sources: USDA Food and Nutrition Service (alien eligibility guidance, implementation memo, ABAWD work rules, income eligibility standards); Federal Register, public charge rule; 7 CFR 273.11, mixed households.
