If you have a green card and previously came to the United States as a refugee or asylee, a recent federal court ruling could make an important difference in your SNAP eligibility.
On September 17, 2026, a federal judge ruled that certain lawful permanent residents who previously held humanitarian immigration status do not have to wait five years to qualify for SNAP food benefits.
The ruling also blocked an unlawful federal deadline that could have exposed states to significant financial penalties.
But there’s an important distinction: This decision does not restore SNAP eligibility to every refugee or asylee. It specifically addresses protections for people who have become lawful permanent residents, also known as green card holders.
Here’s what changed, who may qualify, and what to do if you’ve been denied food assistance.
What Did the Federal Court Decide?
On September 17, 2026, U.S. District Judge Mustafa T. Kasubhai ruled in favor of a coalition of 22 states and Washington, D.C., in a lawsuit against the U.S. Department of Agriculture (USDA).
The case, New York v. Rollins, challenged federal guidance about SNAP eligibility and deadlines for states implementing changes to the program.
The court confirmed two important protections:
- Certain green card holders with previous humanitarian immigration status are exempt from SNAP’s standard five-year waiting period.
- States cannot be penalized under the unlawful implementation deadline established by the federal government.
The decision made permanent protections that had initially been established through a preliminary injunction in December 2025.
According to the Oregon Attorney General’s Office, the court ruled in favor of the states on every claim.
The ruling is significant, but it does not eliminate SNAP’s other eligibility requirements.
Who Does This SNAP Ruling Protect?
The decision is especially important for lawful permanent residents who previously held certain humanitarian immigration statuses.
You may be covered by the ruling if you:
- Have a valid green card.
- Previously entered the United States as a refugee.
- Previously received asylum.
- Previously held another qualifying humanitarian immigration status covered by the court’s decision.
The key requirement is that you have become a lawful permanent resident.
For qualifying individuals, the standard five-year waiting period does not apply simply because they recently received their green card.
That means someone who previously held refugee or asylee status may be able to qualify for SNAP without waiting five years after becoming a permanent resident.
However, eligibility is not automatic.
You must still meet applicable SNAP requirements, including income, household, and other program rules.
What About Refugees and Asylees Without Green Cards?
This is one of the most important details in the case.
In 2025, Congress passed legislation that significantly changed SNAP eligibility for certain noncitizens.
Section 10108 of the law commonly known as the One Big Beautiful Bill Act restricted eligibility based on immigration status.
Under those changes, people who hold refugee, asylee, or certain other humanitarian statuses generally no longer qualify for SNAP based solely on those statuses.
However, individuals who later become lawful permanent residents may qualify under the rules that apply to green card holders.
The September 2026 court decision does not reverse the restrictions for refugees and asylees who have not obtained permanent resident status.
Instead, it confirms that qualifying green card holders with previous humanitarian status should not be subjected to the standard five-year waiting period.
Other exceptions and individual circumstances may affect eligibility, so it’s important to ask your state SNAP agency about your specific situation.
Why Was There Confusion About the Five-Year Waiting Period?
Many lawful permanent residents must generally wait five years before becoming eligible for SNAP, unless they qualify for an exception.
But certain humanitarian immigrants have special protections under federal law.
After the 2025 SNAP changes, USDA issued guidance that states argued incorrectly described the eligibility of people who had previously held refugee, asylee, or other humanitarian statuses.
The guidance created confusion about whether those individuals could receive SNAP after becoming permanent residents.
In particular, states argued that qualifying individuals should not be forced to complete a new five-year waiting period.
That distinction matters.
Someone who entered the country as a refugee and later obtained a green card should not necessarily be treated the same as another permanent resident who does not qualify for a humanitarian exception.
The states challenged USDA’s interpretation because they believed it could result in eligible families losing access to food assistance.
Didn’t USDA Already Correct Its Guidance?
Yes.
In December 2025, USDA issued additional clarification about SNAP eligibility for certain lawful permanent residents with humanitarian immigration backgrounds.
That clarification recognized that qualifying individuals could remain eligible without serving the standard five-year waiting period.
However, the legal dispute continued.
The states were also challenging the federal government’s implementation deadlines and the possibility of financial penalties connected to how they administered SNAP.
The September 2026 ruling addressed those remaining legal issues and confirmed the protections for qualifying permanent residents.
This means the court decision did not suddenly create an entirely new SNAP benefit.
Instead, it reinforced the legal interpretation that certain humanitarian immigrants who become permanent residents are exempt from the five-year waiting period.
Why Did the Court Block Federal Penalties Against States?
The lawsuit wasn’t only about individual SNAP eligibility.
It also involved how quickly states were expected to implement changes required by the 2025 federal legislation.
USDA had established an implementation timeline that states argued was unfair and unlawful.
According to the states, the deadline could have exposed them to hundreds of millions of dollars in potential penalties for errors made while implementing complicated new requirements.
The court found that the challenged deadline was unlawful and arbitrary.
As a result, the federal government cannot impose penalties based on that invalid deadline.
The decision also addressed the time states must be given to implement certain SNAP changes after receiving appropriate federal instructions.
These protections matter because state agencies are responsible for processing SNAP applications, determining eligibility, and administering benefits.
Clear implementation rules can help reduce confusion for both agencies and applicants.
Does the Ruling Apply Nationwide?
The lawsuit was brought by 22 states and Washington, D.C., and the court’s injunction specifically protects the participating jurisdictions.
The decision also explains how federal SNAP law applies to certain lawful permanent residents with humanitarian immigration histories.
However, families should not assume that every state agency has updated its procedures in exactly the same way.
The ruling does not guarantee that every SNAP application will be approved or that every immigration-related eligibility requirement has disappeared.
If you’re unsure how the decision affects your situation, contact your state SNAP agency and ask about the current rules for lawful permanent residents who previously held humanitarian immigration status.
What Should You Do If You Were Denied SNAP?
If you have a green card, previously held qualifying refugee or asylee status, and were denied SNAP because of a five-year waiting period, you may have options.
1. Contact Your State SNAP Agency
Explain that you’re a lawful permanent resident who previously held qualifying humanitarian immigration status.
Ask whether your eligibility was evaluated under the correct federal rules.
You can mention the September 17, 2026 decision in New York v. Rollins.
2. Gather Your Immigration Documents
If available, have documentation showing your current permanent resident status and your previous humanitarian immigration status.
These records may help the agency understand why the five-year waiting period should not apply to you.
Ask the agency which documents it needs rather than assuming you must provide every record.
3. Ask About a Fair Hearing
If your SNAP application was denied and you believe the decision was incorrect, you may be able to request a fair hearing.
A fair hearing allows you to challenge an agency’s eligibility decision.
Pay attention to the deadline listed on your denial notice. The federal court ruling does not automatically extend the time you have to appeal an individual SNAP decision.
4. Contact Legal Aid if Needed
If you’re having trouble getting your eligibility reviewed, a local legal aid organization may be able to help.
Legal aid programs sometimes assist with SNAP denials, public benefits appeals, and immigration-related eligibility questions.
You may be able to receive assistance at no cost, depending on the organization and your circumstances.
Can the Federal Government Appeal This Decision?
The September 17, 2026 ruling is a final judgment at the federal district court level.
That makes it different from the temporary injunction issued in December 2025.
However, a final district court judgment can still be challenged through the appeals process.
A higher court could potentially change how the ruling is applied.
For now, the decision confirms important protections for qualifying lawful permanent residents and blocks the challenged federal implementation deadline.
Frequently Asked Questions
Does this mean all immigrants can get SNAP without waiting five years?
No. The ruling concerns certain lawful permanent residents who previously held qualifying humanitarian immigration status.
Other immigrants may be subject to different eligibility restrictions or waiting periods.
Can someone with refugee or asylee status get SNAP without a green card?
Under the 2025 federal changes, refugee or asylee status alone generally no longer provides SNAP eligibility.
The September 2026 ruling does not restore eligibility based solely on those statuses.
Does having a green card guarantee SNAP benefits?
No. A green card may satisfy an immigration-related eligibility requirement, but applicants must still meet other applicable SNAP rules.
What if I was denied before the ruling?
You can contact your state SNAP agency and ask whether your case can be reviewed.
If you recently received a denial, check the deadline for requesting a fair hearing.
Where can I learn more about SNAP eligibility?
You can review official information from the USDA Food and Nutrition Service.
Because federal eligibility rules have changed recently, some public guidance may not reflect every update. If information appears inconsistent, ask your state agency for clarification.
Relief Recap
A federal judge has confirmed that certain green card holders who previously held refugee, asylee, or other qualifying humanitarian immigration status do not have to wait five years to qualify for SNAP.
The September 17, 2026 decision also blocked an unlawful federal implementation deadline that could have resulted in significant penalties for states.
However, the ruling does not restore SNAP eligibility to every refugee or asylee, and other eligibility requirements still apply.
If you have a green card and were denied SNAP because of a five-year waiting period, consider contacting your state agency to ask for a review.
And if you’re applying for food assistance for the first time, our step-by-step guide to applying for food stamps can help you understand the process.
