The Supplemental Nutrition Assistance Program (SNAP), formerly called food stamps, is a federal program that helps low-income households buy food. However, a new federal law has recently made significant changes to the eligibility requirements for non-citizens. These new restrictions mean that many immigrants who were previously eligible for SNAP may now lose their benefits.
New rules for new SNAP applicants took effect on November 1 of this year. For immigrants who already receive SNAP, state agencies will implement these changes, often on a rolling basis, at the time of your household’s next recertification. It is important to check with your state’s County Assistance Office (CAO) or local benefits provider for the exact timing of changes to existing benefits.
Can Illegal Immigrants Get SNAP? Understanding Status Requirements
Illegal immigrants, or undocumented non-citizens, have historically been ineligible for federal SNAP benefits. This remains true under the new federal law. Undocumented individuals are not eligible to apply for themselves.
However, a household with mixed immigration status—for example, an undocumented parent and a U.S. citizen child—can still apply for and receive SNAP benefits on behalf of the eligible members of the household. Only the U.S. citizen or eligible non-citizen child will receive benefits, but the income of all household members, including the non-eligible parent, is generally counted to determine the total benefit amount.
Calculate Your 2026 COLA Increase →New SNAP Eligibility Limits for Non-Citizens
The new federal law significantly narrows the list of non-citizens who can receive SNAP. The only groups who now qualify, provided they also meet income and other eligibility rules, are:
- U.S. Citizens
- Lawful Permanent Residents (Green Card Holders): Most LPRs must complete a five-year waiting period before they can get SNAP. Some LPRs do not have this waiting period, including:
- Children under 18 years old.
- Adults receiving Medical Assistance due to a disability.
- Those who previously held refugee, asylee, or T-Visa status before getting their green cards.
- Those with sufficient work history (40 qualifying quarters/10 years) or a military connection.
- Cuban or Haitian Entrants: This group includes many people from Cuba or Haiti who were granted parole to enter the U.S., have a pending asylum application, or are in removal proceedings without a final order.
- Citizens of Compact of Free Association (COFA) Nations: This includes citizens of Micronesia, Palau, and the Marshall Islands.
Immigrants Who May Lose Benefits
The new law removes eligibility for many groups of lawfully present non-citizens who could previously qualify for SNAP. These newly ineligible groups include:
- Refugees and Asylees
- Victims of Human Trafficking
- Survivors of Domestic Violence
- “Special Immigrant” visa holders
If your status falls under one of these groups, you are no longer eligible for federal SNAP benefits.
Action Plan to Protect or Check Your Benefits
If you or a family member are an immigrant receiving or applying for SNAP, you must take action to protect your benefits or confirm your eligibility status.
- Verify Your Documents: If you are a Green Card holder, make sure the County Assistance Office (CAO) has a copy of your current card on file. Your benefits could be cut off if they do not know your current status.
- Respond to Notices: Watch for all letters or notices from the CAO asking about your immigration status and respond to them quickly. Failing to respond is a primary reason benefits are cut off.
- Appeal Decisions: If you receive a SNAP cut-off notice and believe the CAO made a mistake, file an appeal immediately. An appeal is often the most effective way to correct an error with your benefits.
- Check Work Requirements: Many adults now have to prove they work 20 hours a week to keep their SNAP. Check to see if you qualify for an exemption from these new work requirements.
SNAP and Public Charge
Applying for SNAP will not affect your ability to remain in the United States, get a green card, keep your green card, or become a U.S. citizen. SNAP is not considered part of the “public charge” rule. You should not fear applying for eligible family members, such as a U.S. citizen child.
Where to Find Help
If you lose SNAP benefits or need help with an appeal, there are other resources available for food assistance.
- Local Food Cupboards: Check with local food pantries or meal sites in your area.
- Legal Aid: You can ask for legal assistance with SNAP appeals.
In Philadelphia: Visit Community Legal Services at 1410 W. Erie Avenue on Monday or Wednesday from 9:00 AM to 12:00 PM, or call 215-981-3700 on Thursday from 9:00 AM to 12:00 PM.
Outside Philadelphia: Find your local legal aid program at palegalaid.net/legal-aid-providers-in-pa.
Application Portal and Contact Details
- State Application Portal (General): Visit your state’s online portal (like PEAK or your state’s Department of Human Services website) to check eligibility, get more information, or submit an application.
- EBT Questions: Call EBT Customer Service at 1-888-328-2656.
