OAKLAND, Calif. — California Attorney General Rob Bonta announced last week that the state has filed a lawsuit against the U.S. Department of Agriculture, challenging what the California Department of Justice says are unlawful federal restrictions on eligibility for the Supplemental Nutrition Assistance Program in violation of federal law.
SNAP, also known as CalFresh in California, serves as a critical hunger safety net, providing monthly food benefits to 5.5 million Californians and millions more nationwide.
The DOJ warns that the new USDA guidance could produce widespread errors in eligibility determinations, denying multitudes of legal permanent residents essential food assistance and exposing states to significant financial penalties.
The DOJ reports that California’s Attorney General Bonta has joined 21 other state attorneys general, arguing that USDA’s recent guidance for implementation of Section 10108 of the Big Beautiful Bill unlawfully excludes certain lawfully residing noncitizens from SNAP eligibility, even though these individuals should become eligible once adjusting their status to lawful permanent residents of the United States.
Attorney General Bonta has criticized the Trump administration’s approach, asserting that “the Trump administration is effectively depriving thousands of lawful permanent residents of food assistance benefits that Congress intended to be available.” According to the DOJ, he further emphasized that “no president has ever worked harder to deprive hungry Americans of access to basic nutrition.”
Bonta acknowledged that although the states are still grappling with the effects of the government shutdown, they do not plan on backing down, stating that “ahead of the holidays, we’re not giving up the fight. We’re asking a court to step in and stop the USDA from applying its faulty new guidance before any further damage can be done,” reports the DOJ.
The DOJ explains that Section 10108 worked to amend the Food and Nutrition Act of 2008, eliminating eligibility for certain individuals in accessing SNAP. These affected individuals include refugees, asylees, and humanitarian parolees. However, the law does not prohibit these individuals from becoming eligible once their status is adjusted to lawful permanent residents.
Attorney General Bonta and the 21-state coalition addressed this in a letter last week, pointing out that the USDA’s guidance incorrectly lists these groups of individuals as “not eligible” rather than accurately clarifying that their eligibility is dependent upon obtaining permanent residency. The DOJ notes that the guidance improperly instructs states to enforce a five-year waiting period for humanitarian entrants who become lawful permanent residents, despite the fact that these individuals should be eligible for SNAP benefits immediately upon securing their status.
Furthermore, the California DOJ reports that the USDA’s guidance contains “multiple errors,” creating significant confusion for the states now required to implement these new SNAP limitations.
The lawsuit argues that these substantive errors in guidance increase the risk of implementation mistakes and directly contradict federal statute.
Highlighting a specific concern, the DOJ explains that “although federal regulations require a 120-day exclusionary period following the application of a new implementing memorandum of a mandatory change, USDA incorrectly states that the exclusionary period ended on Nov. 1, 2025, just one day after the guidance was issued on Friday, Oct. 31, 2025,” accelerating the timeline improperly.
In the lawsuit, Attorney General Bonta and the coalition contended that the “USDA’s guidance is contrary to law and arbitrary and capricious in violation of the Administrative Procedure Act and should be vacated,” reports the DOJ.
They are asking the U.S. District Court for the District of Oregon to stop the USDA from applying the errored guidance and using the stated effective date when calculating states’ error rates.
The DOJ notes that Bonta has consistently defended SNAP benefits against prior threats made by the Trump administration to restrict access.
During the recent government shutdown, Bonta successfully sued USDA to force the provision of November SNAP benefits, as two federal courts found the administration acted unlawfully.
Additionally, when the administration asked the U.S. Supreme Court to pause one of the district court orders, Bonta opposed the request until it was ultimately withdrawn once the government reopened.
As a result, the DOJ explains that SNAP is currently fully funded through September 2026.
The DOJ’s report underscores that this lawsuit is only part of a larger effort to protect access to nutrition assistance and benefits for vulnerable communities and individuals.
While the USDA’s guidance poses immediate risks for individuals nationwide, Attorney General Bonta and the multi-state coalition have signaled that they will continue monitoring federal actions and preparing to defend the rights and well-being of those who rely on government assistance.
According to the California DOJ, Attorney General Bonta is joined in this lawsuit by the attorneys general of New York, Oregon, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Rhode Island, Vermont, Washington, Wisconsin, and the District of Columbia.
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