Illegal immigrants are not eligible for the Supplemental Nutrition Assistance Program.
The Department of Agriculture (USDA) told states on April 24 to take steps to make sure illegal immigrants do not receive benefits under the Supplemental Nutrition Assistance Program (SNAP), colloquially known as food stamps.
States must at a minimum verify the identity of program applicants, collect applicants’ Social Security numbers, compare the Social Security numbers to the federal government’s Social Security death data, and check whether the applicants are listed in a Department of Homeland Security database as being in the country illegally, John Walk, the USDA’s acting deputy undersecretary for food, nutrition, and consumer services,
said in a memorandum to states.
The USDA released a letter from Homeland Security Secretary Kristi Noem that
advised states that they can now use the Department of Homeland Security’s database for free.
State agencies must also verify U.S. citizenship for applicants “for whom there is an indicia that the applicant’s claim to United States citizenship (whether natural born, naturalized, acquired, or derivative) is questionable,” Walk wrote.
Federal law allows U.S. citizens and some legal immigrants to receive SNAP benefits but prohibits illegal immigrants from receiving food stamps. About 11.7 percent—approximately $10.5 billion—of the SNAP benefits paid by the USDA in fiscal year 2023 were improper, including improper payments to illegal immigrants, the Government Accountability Office
said in a 2024 report.
States “did not always verify certain program eligibility requirements,” including citizenship, the report stated.
USDA officials are also encouraging states to require the verification of U.S. citizenship for each SNAP applicant, as the law
allows states to mandate verification of certain factors and increase the number of in-person interviews of applicants.
“Benefit fraud is unacceptable in all forms, including use by illegal aliens. This guidance serves as a foundation for future compliance endeavors that will not only deter, but end access to benefits by illegal aliens. I appreciate your attention and assistance in making certain only those eligible receive SNAP benefits,” Walk said in the memo.
Walk cited President Donald Trump’s Feb. 19 executive order
directing the USDA to “enhance eligibility verification systems, to the maximum extent possible, to ensure that taxpayer-funded benefits exclude any ineligible alien who entered the United States illegally or is otherwise unlawfully present in the United States.”
USDA Secretary Brooke Rollins earlier this year sent a letter to states that said her guiding principles for SNAP included taking action to minimize fraud and waste while enforcing legal requirements.
“The days in which taxpayer dollars are used to subsidize illegal immigration are over,” Rollins
said in a statement on Thursday. “Today’s directive affirms that the U.S. Department of Agriculture will follow the law—full stop.”
