Establishes "SNAP for all", a state-funded supplemental nutrition assistance program to provide for those who are excluded from federal SNAP benefits solely due to immigration status; outlines eligibility requirements of applicants and operational requirements of the office of temporary and disability assistance.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6632
SPONSOR: Gonzalez-Rojas TITLE OF BILL:
An act to amend the social services law, in relation to establishing a
state-funded supplemental nutrition assistance program to provide for
the state's immigrant population
PURPOSE OR GENERAL IDEA OF BILL:
Establishes "SNAP for all", a state-funded supplemental nutrition
assistance program to provide for the state's immigrant population
SUMMARY OF PROVISIONS:
Section 1 states that this act shall be known and may be cited as the
"SNAP for all act."
Section 2 sets forth legislative intent, that all New Yorkers, regard-
less of immigration status, should have access to food assistance to
maximize the impact of nutrition safety net funding to reduce poverty,
fight hunger, and improve health for all low-income New Yorkers. The
intent of the legislature is to create a program known as "SNAP for
all," which will provide a state-funded benefit for excluded immigrant
New Yorkers, to operate in a manner as similar as possible to the
current SNAP program.
Section 3 amends the social services law by adding a new section 95-b to
establish a SNAP for all program, to be established and implemented by
the Office of Temporary and Disability Assistance. This section estab-
lishes eligibility guidelines for SNAP for all, noting that it applies
to any individual or household who is not eligible for SNAP benefits due
solely to immigration status, including those who are on immigration-
based waiting periods to access SNAP.
The benefit amount of SNAP for all shall be identical to the amount that
would otherwise have been provided if the recipient were eligible for
SNAP benefits, and benefits will be delivered with the same payment
schedule and method as SNAP. SNAP for all benefits can be used anywhere
SNAP benefits are accepted, including at farmers' and green markets.
Local social service districts are required to participate in SNAP for
all, and the state shall reimburse local social service districts the
costs of administering SNAP for all.
Any personally identifying information of SNAP for all applicants and
beneficiaries shall be treated as highly sensitive information and shall
not be divulged to federal immigration and customs enforcement, the
department of justice, or any other prosecuting or immigration authority
unless ordered by a court with jurisdictional authority. Application
and receipt of SNAP for all benefits shall not affect an individual's
immigration status or naturalization process, nor shall it make someone
considered a public charge.
OTDA shall create a simplified application form in multiple languages,
and develop a culturally-competent outreach plan in coordination with
food outreach organizations to maximize participation in SNAP for all.
OTDA shall report monthly, non-identifying data on SNAP for all usage,
similarly to how SNAP data is currently reported.
Section 4 sets the effective date.
JUSTIFICATION:
The Supplemental Nutrition Assistance Program (SNAP) is the largest and
most impactful anti-hunger program in the United States, providing near-
ly 3 million New Yorkers with an average benefit of $6.20 per day. SNAP
has been proven to not only enhance food security but also improve
health outcomes, stimulate local economies, and reduce poverty. However,
roughly 800,000 New Yorkers are excluded from SNAP for no other reason
than their citizenship status.
Federal law limits SNAP participation to U.S. citizens and certain
lawfully present non-citizens, such as refugees, asylees, and victims of
trafficking. Other lawfully present non-citizens including Green Card
holders and victims of domestic violence-are subjected to arbitrary
5-year waiting periods before they can access benefits. Outright exclu-
sion is the case for groups including visa holders and individuals
granted Temporary Protection Status. Despite contributing over $27
billion in state and local taxes, many immigrant New Yorkers are unjust-
ly excluded from vital nutrition support.
Food is a basic human right and all New Yorkers deserve equal access to
vital food assistance. Arbitrary barriers and purposeful exclusions
contribute to disproportionately higher rates of poverty and food inse-
curity experienced by immigrant households. Research published in the
American Journal of Preventive Medicine (AJPM) finds that noncitizens
are nearly twice as likely to be food insecure compared with U.S.-born
and naturalized citizens. To address this issue, immigrant households
must have access to food benefits. SNAP for All would provide food
benefits to income-eligible households currently ineligible for SNAP due
solely to their citizenship status, equal to the benefits provided for
similarly situated SNAP-eligible households.
There is growing momentum around the country for more equitable SNAP
access. In 2022, California expanded its state food assistance program
to provide benefits for excluded Californians aged 55 and older. Illi-
nois, Maine, Minnesota, and Washington have each implemented similar
state-funded programs to provide food assistance for excluded immigrant
households.
In New York, the Child Poverty Reduction Advisory Council, established
by Governor Hochul, recommended the creation of a state food benefit for
households with children that are ineligible for SNAP based on citizen-
ship status as a pathway towards cutting child poverty by half by 2031.
Implementing the CPRAC recommendation would reach 64,600 households with
children each year.
Every New Yorker deserves the basic human right to food, regardless of
their citizenship status. Investing in SNAP for All ensures every New
Yorker has the food they urgently need.
PRIOR LEGISLATIVE HISTORY:
New bill
FISCAL IMPLICATIONS:
To be determined
EFFECTIVE DATE:
This act shall take effect six months after it shall have become law.
STATE OF NEW YORK
________________________________________________________________________
6632
2025-2026 Regular Sessions
IN ASSEMBLY
March 6, 2025
___________
Introduced by M. of A. GONZALEZ-ROJAS -- read once and referred to the
Committee on Social Services
AN ACT to amend the social services law, in relation to establishing a
state-funded supplemental nutrition assistance program to provide for
the state's immigrant population
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "SNAP for all act".
3 § 2. Legislative intent. The supplemental nutrition assistance program
4 (SNAP) is a federal entitlement program, administered by the state,
5 providing nutrition benefits to low-income families and individuals. In
6 New York, SNAP is the largest and most impactful antihunger program in
7 the state, providing vital food assistance to nearly 3 million New York-
8 ers each month. SNAP is also an effective antipoverty program, lifting
9 more than 550,000 New Yorkers out of poverty each year. However, federal
10 law prohibits participation in SNAP for many low-income New Yorkers,
11 solely due to their immigration status.
12 The COVID-19 pandemic and its aftermath have greatly increased food
13 insecurity among low-income New Yorkers, and disproportionately impacted
14 immigrants with low income. Food prices have recently risen significant-
15 ly due to inflation, further exacerbating food insecurity and hardship
16 for New Yorkers with low incomes. Research published in the American
17 Journal of Preventive Medicine has found that immigrants without access
18 to SNAP are nearly twice as likely to be food insecure compared with
19 U.S.-born and naturalized citizens. Access to food benefits must be
20 expanded to all low-income New Yorkers regardless of immigration status.
21 It is the intent of the legislature that all New Yorkers, regardless
22 of immigration status, have access to food assistance to maximize the
23 impact of nutrition safety net funding to reduce poverty, fight hunger,
24 and improve health for all low-income New Yorkers. The intent of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10135-01-5
A. 6632 2
1 legislature is to create a program known as "SNAP for all," which will
2 provide a state-funded benefit for excluded immigrant New Yorkers, to
3 operate in a manner as similar as possible to the current SNAP program.
4 § 3. The social services law is amended by adding a new section 95-b
5 to read as follows:
6 § 95-b. SNAP for all program. 1. For the purposes of this section:
7 (a) "SNAP" shall mean the federal supplemental nutrition assistance
8 program.
9 (b) "SNAP for all" shall be the official name of New York's state-
10 funded SNAP program, enacted by this section.
11 (c) "The office" shall mean the office of temporary and disability
12 assistance.
13 (d) "Mixed-status household" shall mean a household made up of persons
14 with different immigration statuses and, therefore, different federal
15 SNAP eligibilities.
16 2. (a) The commissioner of temporary and disability assistance, in
17 conjunction with all relevant departments and agencies, shall establish
18 and implement a program to be known as SNAP for all.
19 (b) The office shall adopt any rules or regulations necessary to
20 implement the provisions of this section.
21 (c) The office is empowered, with the consent and approval of the
22 governor, to delegate or assign to any other office or agency of the
23 state the performance of such function or functions under the provisions
24 of this section as may be appropriate. Any such state department or
25 agency is hereby empowered to and shall perform the function or func-
26 tions so delegated or assigned to it.
27 3. (a) Individuals or households permanently residing in New York
28 state shall be eligible for SNAP for all if such person or household
29 meets the income eligibility criteria of the federal supplemental nutri-
30 tion assistance program, but such individual or household is not eligi-
31 ble for supplemental nutrition assistance program benefits solely due to
32 immigration status, including being subject to an immigration-based
33 waiting period.
34 (b) (i) If an individual or household qualifies for federal SNAP bene-
35 fits, such individual or household shall not be eligible to receive New
36 York SNAP for all benefits.
37 (ii) If an individual or household becomes eligible and is approved
38 for federal SNAP benefits while receiving or applying for SNAP for all
39 benefits, such individual or household shall be transitioned to federal
40 SNAP benefits as soon as is practicable. The office shall establish a
41 streamlined procedure for this transition and provide assistance, where
42 practicable.
43 (c) Being a member of a mixed-status household shall not be a disqual-
44 ifying factor for an individual's eligibility to receive benefits.
45 (d) Eligibility for SNAP for all benefits shall be the same as federal
46 SNAP eligibility with regard to income, resource, and work requirements
47 and household status, as well as special requirements for those with
48 disabilities, dependents, those in rehabilitation programs, and other
49 exceptional situations. No resources which are excluded from determining
50 eligibility for federal SNAP benefits shall be considered in determining
51 eligibility for SNAP for all benefits.
52 (e) If there is any uncertainty about an individual or household's
53 eligibility to receive SNAP for all benefits, the application shall be
54 processed in the light most favorable to the applicant.
55 (f) An individual or household's eligibility or receipt of other
56 public benefits shall not be affected by receipt of SNAP for all bene-
A. 6632 3
1 fits, nor shall these factors affect eligibility to receive SNAP for all
2 benefits.
3 (g) Notwithstanding any law to the contrary, SNAP for all benefits
4 shall not be considered income or resources for any purpose, including
5 taxation.
6 4. (a) The benefit amount for a SNAP for all recipient shall be iden-
7 tical to the amount that would otherwise be provided to such recipient
8 had they been eligible for federal SNAP benefits.
9 (b) To the extent permissible under federal and state law, the deliv-
10 ery of SNAP for all benefits shall be identical to the delivery of
11 federal SNAP benefits to eligible individuals and households, including
12 but not limited to payment schedule and payment method.
13 (c) When an eligible recipient under this section is issued an author-
14 ization to participate in the SNAP for all program by written or elec-
15 tronic means, such authorization to participate may be redeemed for SNAP
16 for all benefits at designated redemption centers by the recipient or by
17 an authorized representative. When an eligible recipient under this
18 section is issued SNAP for all benefits, such SNAP for all benefits may
19 be used to purchase food items from a food distributor by the recipient
20 or by an authorized representative. Any other transfer or sale of
21 authorizations to participate in SNAP for all benefits shall constitute
22 an unauthorized use of said authorizations or benefits.
23 (d) For the purposes of this subdivision, "authorized representative"
24 shall be defined in regulations promulgated by the commissioner of
25 temporary and disability assistance and made known to all designated
26 redemption centers. Such representative shall be an individual within
27 the guidelines the commissioner defines and is explicitly authorized by
28 the recipient in such recipient's benefit application. Recipient may
29 revoke or instate authorized representatives at any time once benefits
30 have been redeemed, pursuant to the office's policy on such changes.
31 (e) SNAP for all benefits shall be accepted by local nutrition incen-
32 tives for farmers' and green markets which accept federal SNAP benefits.
33 The office may work in conjunction with organizations working to assist
34 farmers' and green markets to accept SNAP benefits to reduce compli-
35 cations for individual beneficiaries and marketers.
36 5. (a) In accordance with regulations of the office, each commissioner
37 of social services is authorized and shall apply for inclusion of their
38 social services district in the SNAP for all program. Each commissioner
39 shall assist needy families and individuals of their social services
40 district to obtain nutritionally adequate diets through participation in
41 such program. However, only those persons who qualify for SNAP for all
42 benefits in accordance with state requirements, and standards promulgat-
43 ed by the office, shall be certified as eligible to receive such bene-
44 fits.
45 (b) Subject to state requirements therefor, each commissioner of
46 social services is authorized and shall act on behalf of the office and
47 receive, store, and issue SNAP for all benefits, either directly, or,
48 with the approval of the office, through a banking institution and/or
49 other appropriate public or private agency.
50 (c) Each commissioner of social services shall develop and submit to
51 the office for its approval a plan describing their district's oper-
52 ations under this section, which shall comply with state requirements.
53 (d) (i) Except as necessary for processing of benefits, all personal
54 identifying information of applicants and beneficiaries of the SNAP for
55 all program, including name, date of birth, address, family members,
56 phone number, e-mail address, employer, immigration status, country of
A. 6632 4
1 origin, permanent resident number, alien registration/United States
2 Citizenship and Immigration Services number, or any other identifying
3 numbers or information that could be used to locate a person or group of
4 persons, shall be treated as highly sensitive information. This informa-
5 tion shall not be divulged to federal immigration and customs enforce-
6 ment or its agents, the department of justice or its agents, or any
7 other prosecuting or immigration authority unless duly ordered by a
8 court having jurisdiction over the affected social services district or
9 the office.
10 (ii) An individual may only access the information of another if such
11 individual is such beneficiary or applicant's custodial parent or guard-
12 ian or such individual is designated as an authorized representative, as
13 defined by paragraph (d) of subdivision four of this section.
14 (iii) An individual may request added security for their information
15 should such individual believe there is a threat of unlawful use of that
16 information.
17 6. (a) Application and receipt of SNAP for all benefits shall not
18 affect an individual's immigration status or naturalization process, nor
19 shall such application be reported to any immigration or prosecuting
20 authority pursuant to paragraph (d) of subdivision five of this section.
21 (b) Application and receipt of SNAP for all benefits shall not make
22 such applicant or recipient a public charge and shall not be considered
23 in a public charge determination.
24 7. (a) Notwithstanding any law to the contrary, expenditures made by a
25 social services district for the purpose of certifying eligibility of
26 needy families and individuals, including those who are not in receipt
27 of public assistance and care, for SNAP for all benefits, and for
28 distributing and redeeming such benefits, shall be considered as expend-
29 itures for the administration of public assistance and care and shall be
30 subject to reimbursement by the state in accordance with the provisions
31 of section one hundred fifty-three of this chapter to the extent of one
32 hundred percent in accordance with paragraph (b) of this subdivision.
33 (b) Such expenditures for SNAP for all administrative costs shall be
34 subject to reimbursement by the state in accordance with regulations to
35 be determined by the office, which shall be subject to the approval of
36 the director of the budget, shall be consistent with federal law and
37 regulations, and shall be based on an allocation of administrative costs
38 attributable to SNAP for all benefits.
39 8. (a) Notwithstanding any law to the contrary, the office shall
40 develop a brief, simple application form for the SNAP for all program,
41 widely available in English, Spanish, and any additional language the
42 office deems appropriate.
43 (b) The office shall develop an outreach plan that seeks to maximize
44 participation in SNAP for all by eligible individuals and households.
45 The office shall develop this plan in consultation with food outreach
46 organizations and consider how such outreach may be used to reach as
47 many potential applicants as possible.
48 (c) The office shall ensure SNAP for all outreach activities are
49 provided in a culturally competent manner, including timely interpreta-
50 tion services to individuals in their primary or preferred language.
51 This includes in-office services, services provided outside of the
52 office, and public-facing materials including application forms and
53 informational materials related to SNAP for all. This shall include
54 spoken or signed, real-time communication in which the qualified human
55 interpreter is fluent in both the source and target language and is
56 trained as an interpreter.
A. 6632 5
1 9. The office shall report to the governor and legislature and publish
2 monthly data with non-identifying information including, but not limited
3 to, number of applications submitted, number of applications processed,
4 application determinations, the number of households receiving benefits,
5 and the total amount of benefits paid. The office may, but is not
6 required to, include SNAP for all data with its monthly SNAP reporting.
7 § 4. This act shall take effect six months after it shall have become
8 a law. Effective immediately, the addition, amendment and/or repeal of
9 any rule or regulation necessary for the implementation of this act on
10 its effective date are authorized to be made and completed on or before
11 such effective date.
