Legislative and Policy Analysis
Section 10108: Alien SNAP eligibility
Executive Summary
Section 10108 narrows Supplemental Nutrition Assistance Program eligibility for noncitizens by rewriting section 6(f) of the Food and Nutrition Act of 2008. After this change, a household member must be a U.S. resident and must fall into one of four categories to receive SNAP: a U.S. citizen or national, a lawful permanent resident, a Cuban or Haitian entrant, or a person lawfully residing in the United States under a Compact of Free Association.[1]
The practical effect is that several humanitarian and other previously eligible noncitizen categories lose federal SNAP eligibility unless they also qualify under one of the remaining categories. USDA guidance identifies groups such as refugees, asylees, parolees, certain trafficking survivors, battered aliens, certain American Indians born abroad, and certain Hmong or Highland Laotian tribal members as no longer eligible unless they fit within a remaining eligible status such as lawful permanent residence.[2]
CBO estimates that Section 10108 will make about 90,000 people ineligible for SNAP benefits in an average month, and that those people would otherwise have received about $210 per month on average over the 2026 through 2034 period.[3] That implies roughly $230 million per year in affected benefits at a constant 90,000-person monthly caseload, or roughly $2.0 billion over nine years before accounting for timing, interactions with other SNAP provisions, household-level recalculations, or state implementation patterns.
What Section 10108 Actually Does
Section 10108 amends section 6(f) of the Food and Nutrition Act of 2008, codified at 7 U.S.C. 2015(f). Instead of relying on the prior broader set of qualified-alien and humanitarian eligibility categories, the rewritten subsection limits SNAP eligibility to individuals who are residents of the United States and who are either U.S. citizens or nationals, lawful permanent residents, Cuban or Haitian entrants, or Compact of Free Association residents.[1]
The section does not appropriate new money, create a new grant program, authorize a new loan program, or establish a new dedicated funding account. Its fiscal effect comes from reducing federal SNAP benefit obligations by excluding some people who otherwise would have been eligible.
| Program or activity | Amount | What the money supports |
|---|---|---|
| SNAP benefits for noncitizens made ineligible by Section 10108 | CBO estimates about 90,000 people affected in an average month, with an average projected benefit of about $210 per month over 2026 through 2034 | These are benefits that CBO’s baseline projected would have gone to affected noncitizens but that will no longer be paid after the eligibility restriction.[3] |
| Implied annualized affected benefits | About $230 million per year, calculated from 90,000 people times $210 per month times 12 months | This is an arithmetic estimate of affected benefit flow, not a separate CBO-stated section total. |
| Implied 2026 through 2034 affected benefits | About $2.0 billion over nine years, calculated from the same monthly estimate across 2026 through 2034 | This is a rough scale estimate and should not be treated as a formal CBO score because CBO notes that SNAP provisions can interact with each other.[3] |
The section also changes how mixed-status households are treated. The amended text says that the income and financial resources of an individual made ineligible under this subsection are still considered when determining the eligibility and allotment value of the household, subject to state option for a pro rata share of income.[1] In plain terms, an ineligible household member may be excluded from receiving benefits, while some or all of that person’s income and resources may still count in the household calculation.
Legislative Mechanism
Section 10108 uses a direct statutory substitution. It does not add a pilot, waiver, regulation, or discretionary implementation program. It rewrites section 6(f) of the Food and Nutrition Act so that the eligibility rule itself becomes narrower.
The mechanism has three core parts:
- It creates a threshold rule that no otherwise eligible household member may participate in SNAP unless the person is a U.S. resident and belongs to one of the listed citizenship or immigration categories.[1]
- It removes federal SNAP eligibility for several groups that had previously been eligible through PRWORA-linked categories or humanitarian-status rules, unless those individuals also qualify under one of the remaining categories.[2]
- It preserves household deeming treatment by counting income and resources of the ineligible person when calculating the household’s eligibility and allotment, with limited state-option treatment for pro rata income.[1]
Because this is an eligibility restriction, implementation happens through USDA Food and Nutrition Service guidance, state SNAP eligibility systems, caseworker procedures, recertifications, notices, immigration-status verification, quality control, and benefit calculation rules.
Expenditure Tracking and Reporting Protocol
Section 10108 affects federal financial flows by reducing SNAP benefit payments. It does not create a new account or a section-specific public spending line. The likely tracking will occur through normal SNAP budget execution, state agency eligibility and issuance systems, Treasury outlay data, USDA Food and Nutrition Service reporting, SNAP quality control, and CBO estimates.
The relevant federal program is SNAP, administered by USDA’s Food and Nutrition Service in partnership with state SNAP agencies. At the case level, state agencies determine eligibility, verify immigration status, calculate household allotments, issue benefits through EBT systems, and report program activity through existing SNAP reporting channels. USDA guidance directs state agencies to apply the new criteria to new applicants at initial certification and to existing households at recertification.[4]
The public visibility of Section 10108-specific savings is likely to be limited. Aggregate SNAP participation, benefit costs, and quality-control information are publicly visible, but a distinct “Section 10108 savings” line may not appear in routine public spending datasets. CBO provides the clearest section-specific estimate by identifying the expected affected monthly caseload and average monthly benefit.[3]
Statutory eligibility change
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USDA Food and Nutrition Service guidance
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State SNAP agencies update eligibility rules
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Applications and recertifications
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Immigration status checks and case record review
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Benefit denial approval or recalculation
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EBT issuance and federal SNAP outlays
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USDA budget execution and state reporting
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Public visibility mostly aggregated
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Oversight through SNAP quality control CBO GAO IG and Congress
The reporting protocol is therefore indirect. State agencies report SNAP caseload, issuance, quality-control, and administrative information to USDA. USDA uses that information for program oversight, financial management, and national reporting. Treasury and OMB reflect SNAP spending in federal budget execution and outlay totals. CBO and congressional analysts estimate federal budget effects. GAO or USDA Inspector General reviews could later examine implementation problems, improper denials, payment errors, or state compliance, but those reviews would occur after implementation and may not isolate every affected household.
Day-to-Day Government Process Changes
For state SNAP offices, Section 10108 turns immigration-category screening into a more restrictive gatekeeping step. Caseworkers and eligibility systems must distinguish between noncitizen categories that remain eligible and categories that were formerly eligible but are now excluded.
USDA guidance says the provision was effective on July 4, 2025, must be applied immediately to new applicants at initial certification, and must be applied to already participating households at recertification.[4] This means implementation will occur unevenly across households depending on certification periods, reporting cycles, and state system updates.
The day-to-day process changes include:
| Government process | Before Section 10108 | After Section 10108 |
|---|---|---|
| Initial eligibility screening | Some humanitarian and qualified noncitizen categories could qualify if other SNAP rules were met | Eligibility is limited to the narrower list in amended section 6(f) |
| Recertification | Previously eligible noncitizens could continue if they met normal SNAP rules | State agencies must remove ineligible noncitizen members at recertification |
| Immigration verification | Agencies already used immigration-status verification for noncitizen applicants | Verification must be mapped to the new narrower eligibility categories |
| Mixed household calculation | Ineligible-member income and resources could affect household benefits under existing rules | The amended text expressly continues counting income and resources of ineligible members in determining household eligibility and allotment |
| Quality control | Errors were judged under prior eligibility categories | USDA provided a temporary 120-day quality-control variance exclusion window for misapplication of Section 10108 changes if implementation requirements are met.[4] |
This will likely increase pressure on state eligibility systems, call centers, community navigators, legal aid organizations, and immigrant-serving groups because affected households may need individualized explanations about why a household member was removed, why benefits changed, and whether a different immigration status restores eligibility.
Effects on Consumers
The most direct consumer effect is the loss or reduction of food assistance for affected noncitizens and mixed-status households. CBO estimates that about 90,000 people will become ineligible in an average month and that their projected average benefit would have been about $210 per month.[3]
For a household, the effect may appear in several ways:
| Consumer group | Likely effect |
|---|---|
| Refugees, asylees, parolees, and other excluded humanitarian categories | Loss of individual SNAP eligibility unless they qualify through a remaining category |
| Mixed-status households | Possible benefit reduction when one member is removed from the SNAP household but income and resources may still count |
| Children and other household members who remain eligible | Household food budgets may still shrink if an adult or other member loses eligibility |
| Newly applying households | Eligibility denial may occur at intake rather than after recertification |
| Existing households | Benefit changes may occur at recertification or when the agency receives status information requiring action |
The policy may also create a “chilling effect,” where eligible household members avoid applying because they fear immigration consequences, misunderstand the rule, or believe the entire household is barred. That risk is especially relevant where households include citizens, lawful permanent residents, humanitarian-status members, and undocumented family members in the same home.
Effects on Businesses
Section 10108 does not directly regulate businesses, impose employer mandates, change business taxes, or create a new compliance obligation for retailers. The business effects are indirect.
SNAP-authorized grocery stores, supermarkets, farmers markets, and other food retailers may see a small reduction in SNAP-funded purchases in communities with larger affected immigrant populations. Because CBO estimates an average affected benefit of about $210 per month for about 90,000 people, the broad national effect is modest relative to the full SNAP program, but the local effect may be more noticeable in neighborhoods where excluded populations are concentrated.[3]
Businesses and nonprofits that provide eligibility assistance, case management, immigration legal services, food pantry operations, or refugee resettlement support may experience increased workload. They may need to explain eligibility changes, help families respond to notices, screen for alternative benefits, and distinguish between household members who remain eligible and those who do not.
Employers may also see indirect effects for low-wage workers whose household food budgets shrink. Reduced food assistance can increase financial stress, schedule instability, and reliance on emergency food resources, though Section 10108 itself does not change wage law or employer reporting obligations.
Environmental and Climate Impact
Section 10108 has no direct environmental permitting, emissions, land use, energy, transportation, or climate-policy mechanism. It is a SNAP eligibility restriction, not an environmental statute.
The indirect environmental impact is likely minimal and difficult to isolate. A small reduction in SNAP-funded food purchases could slightly change consumer food demand, but the affected caseload is too small relative to the national food system to support a meaningful climate or emissions estimate. Local food pantries and emergency feeding programs could see increased demand, which may shift some food distribution from retail purchases to charitable food networks, but that effect would be indirect and not tracked as a Section 10108 environmental outcome.
Impact Summary
Section 10108 is a targeted eligibility cut within SNAP. It does not create a new program or new appropriation; it reduces federal benefit eligibility for certain noncitizens by narrowing the statutory categories that can receive SNAP.
The strongest impacts are administrative and household-level. State SNAP agencies must revise eligibility systems and recertification practices, while affected households may lose benefits or see allotments recalculated. CBO’s clearest quantified estimate is that about 90,000 people become ineligible in an average month and would otherwise have received about $210 per month in SNAP benefits.[3]
The biggest policy concern is not only the direct loss of benefits for excluded people, but also the complexity for mixed-status households. Some members may remain eligible while others are excluded, and the income of excluded members may still count against the household. That combination can reduce food assistance while making notices, appeals, and community outreach more complicated.
Key References and Sourcing
| Source | Relevance |
|---|---|
| Congress.gov, Public Law 119-21 text for H.R. 1 | Primary statutory text for Section 10108 and the amended section 6(f) of the Food and Nutrition Act of 2008. |
| USDA Food and Nutrition Service, SNAP Implementation of the One Big Beautiful Bill Act of 2025 – Alien SNAP Eligibility | Primary agency implementation guidance for state SNAP agencies, including eligible categories, timing, recertification treatment, SAVE verification, and quality-control treatment. |
| USDA Food and Nutrition Service, One Big Beautiful Bill Act of 2025 implementation page | USDA implementation hub linking Section 10108 guidance and Q&A materials. |
| Congressional Budget Office, Estimated Effects of Public Law 119-21 on Participation and Benefits Under SNAP | CBO supplemental estimate identifying the affected noncitizen caseload and average projected monthly benefit. |
| Congressional Budget Office, Distributional Effects of Public Law 119-21 | Broader CBO distributional analysis explaining that lower-income households generally lose resources through reduced in-kind transfers, including SNAP. |
[1] Congress.gov, “Text - H.R.1 - 119th Congress (2025-2026): An act to provide for reconciliation pursuant to title II of H. Con. Res. 14,” Section 10108, https://www.congress.gov/bill/119th-congress/house-bill/1/text.
[2] USDA Food and Nutrition Service, “Supplemental Nutrition Assistance Program (SNAP) Implementation of the One Big Beautiful Bill Act of 2025 – Alien SNAP Eligibility,” attachment comparing pre- and post-OBBB eligibility categories, https://www.usda.gov/sites/default/files/guidance-documents/fns.snap-obbb-alien-eligibility.pdf.
[3] Congressional Budget Office, “Estimated Effects of Public Law 119-21 on Participation and Benefits Under the Supplemental Nutrition Assistance Program,” supplemental information for Public Law 119-21, August 11, 2025, https://www.cbo.gov/system/files/2025-08/61367-SNAP.pdf.
[4] USDA Food and Nutrition Service, “Supplemental Nutrition Assistance Program (SNAP) Implementation of the One Big Beautiful Bill Act of 2025 – Alien SNAP Eligibility,” implementation guidance to all SNAP state agencies, October 31, 2025, https://www.usda.gov/sites/default/files/guidance-documents/fns.snap-obbb-alien-eligibility.pdf.
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