I am a noncitizen. Am I still eligible for SNAP benefits? 

A new law called the One Big Beautiful Bill Act of 2025 (OBBBA) was signed on July 4, 2025. It includes changes to SNAP eligibility for immigrants. These changes were supposed to start on November 1, 2025. However, the law is now being challenged in court by 21 states, including New York, because the law is unclear and could wrongly deny benefits to eligible people. 

Who was eligible for SNAP before OBBBA? 

Immigrants in these categories could get SNAP: 

• Lawful Permanent Residents (Green Card holders) 

• Active-duty military members, veterans, and their families 

• People granted parole for at least one year 

• Refugees and Asylees 

• Special Immigrant Visa holders 

• People with withholding of removal/deportation 

• Amerasian immigrants 

• Certain children of U.S. citizens and Vietnamese parents 

• Cuban and Haitian entrants 

• Trafficking survivors (including T Visa holders) 

• People with a certification letter from the Office of Trafficking in Persons 

• Battered spouses or children of U.S. citizens or LPRs 

• Violence Against Women Act self-petitioners 

What changes does OBBBA make? 

Under OBBBA, SNAP eligibility would be limited to: 

• U.S. citizens and U.S. nationals 

• Lawful Permanent Residents (Green Card holders) 

• Cuban and Haitian entrants 

• Citizens of Compact of Free Association (COFA) nations:  

• Federated States of Micronesia 

• Republic of the Marshall Islands 

• Palau 

Has New York State started using these new rules? 

• No, because New York and 20 other states are challenging the law. 

• The Office of Temporary and Disability Assistance (OTDA), the state welfare agency,  has not issued guidance. 

Where can I get more information about SNAP? 

• Office of Temporary and Disability Assistance (OTDA) website 

• Human Resources Administration (HRA) website  
• Visit a SNAP Center or Call 718-SNAP-NOW (718-762-7669) 

Read more on the USDA website here.

For free legal help, call Legal Services NYC at 917-661-4500 Monday through Friday from 9:30 a.m. to 4 p.m. Learn more about our intake process here.

* The information does not constitute legal advice. You should always consult an attorney regarding your matter. Legal help subject to capacity and location.