Vermont Business Magazine Attorney General Charity Clark today joined 21 other attorneys general in filing a lawsuit to stop the federal government from unlawfully cutting off Supplemental Nutrition Assistance Program (SNAP) benefits for thousands of lawful permanent residents. The coalition seeks to block new guidance from the U.S. Department of Agriculture (USDA) that wrongly treats several groups of legal immigrants as ineligible for food assistance, including permanent residents who were granted asylum or admitted as refugees. The attorneys general argue that the guidance contradicts federal law, yet noncompliance could trigger massive financial penalties on states; the coalition is asking the court to declare the guidance unlawful.
“The Trump Administration is failing the most vulnerable people, leaving states in the impossible position of trying to comply with confusing and incredibly poorly timed guidance, all while fearful of massive penalties that could be held against us for errors,” said Attorney General Clark. “I am suing because in America, no child should go hungry.”
On October 31, USDA issued new guidance to state SNAP agencies describing changes to program eligibility under the “One Big Beautiful Bill,” which narrowed eligibility for certain non-citizen groups, including refugees, asylum recipients, and others admitted under humanitarian protection programs. The USDA memo, however, incorrectly asserted that all individuals who entered the country through these humanitarian pathways would remain permanently ineligible for SNAP, even after obtaining green cards and becoming lawful permanent residents. Last week, Attorney General Clark and 20 other attorneys general formally called on the federal administration to clarify its position or withdraw and correct the memo. USDA has not replied.
Attorney General Clark and the coalition emphasize that this position is not mentioned in the “One Big Beautiful Bill” or in any other federal law. Federal statutes make clear that refugees, asylees, humanitarian parolees, individuals whose deportation has been withheld, and other vulnerable legal immigrants become eligible for SNAP once they obtain their green cards and meet program requirements. The attorneys general argue that USDA’s memo illegally rewrites those rules and threatens to cut off food assistance for people who are fully eligible under the law.
The attorneys general argue that USDA’s guidance also misapplies the agency’s own regulations. Federal rules give states a 120-day grace period after new guidance is issued to adjust their systems without facing severe financial penalties. USDA is now claiming that this period expired on November 1, just one day after the guidance was released and before states even had a single business day to review it. The coalition argues that this interpretation is impossible under USDA’s own regulations, which state that the 120-day period cannot begin until new guidance is actually issued. And because the statute also imposes a new cost-shifting framework on the SNAP program for states that USDA determines have unacceptable error rates, USDA is exposing states to major financial penalties for errors caused by the agency’s late and inaccurate memo.
The attorneys general warn that this abrupt and incorrect guidance will create widespread confusion for families, erode public trust, and place states in an untenable situation where they must either terminate benefits for what should be eligible recipients or accept severe financial liability. The attorneys general are asking the court to vacate the unlawful guidance and block its implementation to ensure that families do not lose critical food assistance and states are not penalized for doing the right thing.
Joining Attorney General Clark in this lawsuit are the attorneys general of California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Washington, and Wisconsin.
A copy of the complaint is available on our website.
Today’s lawsuit is the 36th case Attorney General Clark has brought against the Trump administration since President Trump took office in January. For more information on actions taken by the Attorney General on behalf of Vermonters, visit our website at ago.vermont.gov/ago-actions.
11.26.2025. MONTPELIER, Vt. – Attorney General
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