| DATE: | June 13, 2025 |
| TO: | State SNAP Agencies |
| FROM: | John Walk Acting Deputy Under Secretary for Food, Nutrition, and Consumer Services |
| SUBJECT: | Revised Guidance on Termination of Parole for Certain Aliens and Immediate Family Members |
On April 3, 2025, FNCS issued a memorandum to state SNAP agencies with the subject “Termination of Parole for Certain Aliens and Immediate Family Members.” Subsequently, on April 22, 2025, FNCS issued further guidance notifying state agencies that the Department of Homeland Security (DHS) issued Litigation Related Update on CHNV announcing that the United States District Court for the District of Massachusetts issued a Preliminary Injunction Order staying parts of DHS’s March 25, 2025, Federal Register notice titled, “Termination of Parole Process for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV).” See Svitlana Doe, et al., v. Noem, et. al., No. 25-cv-10495 (D. Mass. Apr. 14, 2025). In the April 22, 2025, guidance, state agencies were advised to review the District Court’s Order and to administer SNAP benefits in accordance with law for legally qualified aliens who remain paroled in the United States as a result of the Order.
By this further revised guidance, state agencies are advised DHS on June 6, 2025, released Litigation-Related Update: Supreme Court stay of CHNV Preliminary Injunction, providing notice that on May 30, 2025, the Supreme Court of the United States lifted the District Court’s preliminary injunction. See Noem v. Svitlana Doe, 605 U.S. ___ (2025). This decision permits DHS to proceed with terminating parole granted under CHNV programs. DHS indicates that aliens whose parole is terminated will be notified accordingly. State agencies should review the DHS release, Supreme Court decision, and FNCS guidance documents on termination of CHNV parole and take appropriate action to ensure lawful administration of SNAP.
In accordance with law, on or after the effective date that CHNV parole status is revoked or an alien’s CHNV parole status expires, state agencies must
- if already enrolled, remove the aliens and any immediate family members paroled under a CHNV program as SNAP recipients at the next recertification unless such aliens are in another qualifying status1 and
- cease approving SNAP benefits for aliens and any immediate family members paroled under the CHNV program, unless such aliens are in another qualifying status.
Immigration status has changed recently for many aliens and state agencies are encouraged to continuously verify immigration status of all aliens in the state who receive SNAP. State SNAP agencies must follow usual procedures regarding certification, including mandatory use of the DHS Systematic Alien Verification of Entitlements (SAVE) program, and taking action on participating households based on changes to immigration status. If changes to immigration status no longer support a claim to being an eligible alien, SNAP benefits must be discontinued in accordance with program rules.
Sincerely,
John Walk
Acting Deputy Under Secretary
Food, Nutrition, and Consumer Services
1 Pursuant to USDA regulations at 7 CFR 273.12(a)(1), 7 CFR 273.12(d), and 7 CFR 273.18, households are not liable for a claim due to a change in circumstances the household is not required to report. Since households are not required to report a change in immigration status, aliens who lose SNAP eligibility at recertification due to termination of parole are not subject to a claim for overissuance for the benefits received after their parole status was revoked.