Joint Agency Letter Aims To Clarify Public Charge for SNAP Program

Going hungry is not an option. This is the manta put forth by the Department of Agriculture’s Food and Nutrition Service (FNS) and the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS) in a joint letter earlier this month to state Supplement Nutrition Assistance Program (SNAP) commissioners and their related partners, which seeks to ensure that everyone who qualifies for nutrition assistance can get the help they need.

Some immigrants and their families may be eligible for SNAP, but studies have shown that many do not apply in fear that doing so will make them a “public charge” and negatively impact their future immigration status. This concern rose with a 2019 public charge final rule that dramatically changed the meaning and application of the public charge ground of inadmissibility. The joint letter notes that this issue appears to persist despite the fact that the rule was vacated as of March 9, 2021.

Consistent with 1999 Interim Field Guidance, which is currently in effect, any application for, receipt of, or potential future use of SNAP benefits is not considered as part of the public charge determination by USCIS. Therefore, immigrants will not be found inadmissible on the public charge ground under the totality of the circumstances determination because they or a family member applied for or received SNAP benefits.

“FNS and USCIS understand the importance of communicating current public charge policies accurately,” the letter explains. “We understand that in times of rising caseloads and limited resources, states and partners may need additional help reaching out to eligible families in need.”

To help states share the message that participating in SNAP does not make someone a public charge and will not be considered in a public charge determination, FNS and USCIS developed a chart that states can use to offer clarity to their SNAP-eligible immigrants and mixed status household clients. The chart is suitable for use as an attachment to SNAP applications and review forms, for inclusion on state agency websites, and for clients to pick up at local offices.

“We encourage you to use the provided language as a tool to conduct outreach to immigrant families in your communities,” the letter adds. “Doing so will reassure them that applying for SNAP will not affect their immigration status or ability to obtain a green card or become a U.S. citizen now or in the future.”

FNS will soon release other new webpages featuring information relevant to immigrants and mixed-status households. Hopefully, coming together to emphasize these matters will bring more assistance to those who need it.

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