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Are Undocumented Immigrants Eligible for SNAP Benefits in the U.S.?

The Supplemental Nutrition Assistance Program (SNAP) created by the 2008 Farm Bill dominated news headlines in the final days of October 2025. SNAP is the modern name of the program created by the Food Stamp Act (enacted in 1964) to help low-income Americans keep food on their tables through monthly cash assistance. During the long 2025 shutdown of the federal government, SNAP didn’t have adequate funding to send out November payments, thus marking the first time in history the program wouldn’t distribute benefits.

Food banks across the United States ran out of supplies as millions of Electronic Benefits Transfer (EBT) cards weren’t credited in November. Days later, the government resolved to make a partial 65 percent payment until a federal court ordered full disbursement. SNAP resumed operations when Congress passed a temporary budget resolution. In the meantime, however, misinformation about the program added fuel to the political fire that prompted the government shutdown. Anti-immigration rhetoric was at the heart of the propaganda, which misleadingly suggests a substantial portion of the $100 billion SNAP budget goes to undocumented immigrants.

The Reality of SNAP and the U.S. Immigration System

SNAP benefits aren’t within the reach of undocumented immigrants. The program is specifically managed to exclude foreigners without legal status. This is a matter of eligibility. Federal law dictates that only American citizens and qualified noncitizens can get EBT cards. As of December 2025, the qualified noncitizens include: 

  • Cubans and Haitians given immigration parole to remain in the U.S. while they apply for immigrant status
  • Permanent residents who received their green cards five years before their initial SNAP applications.

In the past, SNAP benefits were available to foreigners who entered the U.S. as asylum seekers, refugees, and survivors of international human trafficking. This changed when Congress passed the One Big Beautiful Bill Act (OBBBA) on July 4, 2025. Many OBBBA provisions align with the strict anti-immigration agenda of the second Trump administration, which has done nothing to prevent the spread of misinformation about “undocumented migrants on food stamps.”

What Immigrants Should Know about SNAP

SNAP is part of the false “public charge” narrative claiming immigrants somehow drain federal benefits despite most being ineligible to receive them. The rhetoric often mentions reports about immigrant households using EBT cards. However, it fails to mention that SNAP benefits are managed individually. Let’s say a foreign single mother with undocumented status lives in California with two children born in the U.S. If she can’t make ends meet, she can apply for SNAP to feed her American children, but she can’t be the recipient or directly access the funds.

Foreigners who apply for SNAP despite their ineligibility risk derailing their immigration goals. Fraud or willful misrepresentation to procure federal benefits is a severe offense that can easily lead to inadmissibility. For instance, a SNAP application from someone with a conditional green card could result in a deportation and removal order. An immigration attorney San Diego legal practitioners recommend consulting can assess your eligibility and risk. The best approach is to consult with an immigration law firm before applying for any federal benefits, including grants and loan programs. 

If you have questions about any aspect of immigration regulations, contact the immigration attorneys San Diego residents trust. The lawyers at KS Visa Law have vast experience with every aspect of immigration law, and they’re the attorneys to call on when you need the most up-to-date information about immigration regulations. Call KS Visa Law today to schedule an appointment.

January 2026
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