Under H.R. 1, humanitarian-based noncitizens such as refugees, asylees, and trafficking survivors are no longer eligible for SNAP, unless they have a green card.  

Effective immediately, noncitizens are barred from receiving SNAP unless they are Lawful Permanent Residents (LPRs), certain Cuban or Haitian entrants, or citizens of the Compact of Free Association (COFA) nations.

Undocumented noncitizens have never been eligible for SNAP, nor have those with Temporary Protected Status (TPS), Deferred Action, or other non-qualified statuses. 

Harm Is the Bottom Line

This change represents a stark and unprecedented departure from America’s long-standing, bipartisan commitment to supporting individuals fleeing violence, persecution, and human trafficking.

The Five Year Bar

Under federal law, many LPRs, parolees, and Violence Against Women Act (VAWA) petitioners must wait five years before becoming eligible for SNAP. 

The 2002 Farm Bill provided limited exemptions, allowing LPR children and severely disabled LPR adults to bypass the five-year waiting period. 

The 1996 Welfare Reform Law restricted eligibility to “qualified” noncitizens — those who are Lawful Permanent Residents (LPRs) or have specific humanitarian protections:

  • Refugees,
  • Individuals granted asylum,
  • Noncitizen survivors of domestic violence (VAWA petitioners),
  • Victims of labor or sex trafficking, and
  • Certain Cuban or Haitian nationals with protected statuses.

Guidance for Advocates

Work with legal services and immigrant coalitions to communicate changes safely.