Federal Judge Sides With Delaware, Maryland in SNAP Case
National News - A federal judge has ruled that the U.S. Department of Agriculture (USDA) broke the law in how it rolled out recent changes to SNAP, the food assistance program. Delaware and Maryland were among the 22 states, along with Washington, D.C., that brought the case.
U.S. District Judge Mustafa T. Kasubhai of the District of Oregon issued the decision on September 17, 2026. He sided with the states and denied the USDA's request to rule in its favor.
The case goes back to July 4, 2025, when Congress passed H.R. 1, also known as the One Big Beautiful Bill Act. The law made several changes to SNAP, including new limits on which non-citizens can get benefits and new work rules for some adults without dependents.
The law also created a new cost-sharing rule for states. Starting in fiscal year 2028, states with high payment error rates will have to pay part of the cost of SNAP benefits, not just office and staffing costs.
A state's error rate in fiscal year 2025 or 2026 will decide how much it owes in 2028. That made the timing of any mistakes very important.
Under USDA rules, states get a 120-day grace period after a change, when mistakes from new rules do not count against them. The USDA said that the grace period started on July 4, 2025, and ended on November 1, 2025.
The problem was the timing of the USDA's guidance. The agency sent its first memo to states on August 29, 2025, and its guidance on non-citizen eligibility on October 31, leaving states just one day.
A final memo on November 14 told states the grace period had already ended 13 days earlier. Court records show some states, including Delaware, had started preparing their systems while waiting for direction.
Maryland saw a 25 percent increase in calls from residents affected by the non-citizen guidance. North Carolina estimated its cost share could reach $420 million if its error rate tops 10 percent.
The states filed the lawsuit on November 26, 2025. The court granted an early order blocking the USDA's rules on December 15, 2025.
In this latest ruling, the judge found the USDA's grace period was against the law and not properly explained. He wrote that the agency's approach "unfairly exposes Plaintiffs to financially ruinous penalties."
The USDA must now give states a full 120 days after it issues guidance. The agency must also give states fair notice of when changes need to be in place.
The judge also ruled on the non-citizen guidance. He found it wrongly listed refugees, people granted asylum, and certain other groups as not eligible, even after they became lawful permanent residents.
The court declared that lawful permanent residents are eligible for SNAP no matter their prior status. Those who are or were part of these groups also do not have to wait five years to qualify.
