SNAP Rule #241A – Noncitizen Updates

Date posted:

Attachment(s):

10-144 C.M.R. Ch. 301; Supplemental Nutrition Assistance Program (SNAP) Rules

Sections 111-2 and 444-4

SNAP Rule #241A - Noncitizen Updates

The Department adopts routine technical changes to 10-144 C.M.R. Ch. 301; Supplemental Nutrition Assistance Program (SNAP) Program Rules to ensure compliance with P.L. 119-21 § 10108 signed into law and effective on July 4, 2025. The adopted rule updates Section 111-2, eliminating eligibility for Federal SNAP for some noncitizen groups and aligning state-funded SNAP with these changes. In addition, the adopted rule revises the treatment of income and deductions for noncitizens who are ineligible for Federal SNAP, reducing the amount of income and deductions that are counted in eligibility determinations.

In response to public comment, the adopted rule added Section 111-2, 3(B)(3)(b)(ix)(a)(7) as “Individuals granted humanitarian parole between February 24, 2022 and September 30, 2024 under section 401 of the Additional Ukraine Supplemental Appropriations Act, 2022 whose parole has not been terminated and who are now LPRs.”

The Department determined it necessary to make the following non-substantive changes to the rule pages to improve accessibility, readability, correct any grammar and/or typographical errors:

  • Section 111-2: added the text “Citizenship Status and Noncitizen Status” or “Citizenship and Noncitizen Status (cont.) to the top of each page in this section.
  • Section 111-2: 3(B)(3)(b) Special Conditions removed “To be eligible for federally funded benefits these individuals must, also meet one or more of the conditions detailed in Paragraph 3(C) ‘Special Conditions for Federal SNAP’ below.”
  • Section 111-2: 3(B)(3)(v)(b)(3)(b) has been corrected to “the verifications detailed in (1) and (2) above, and.”
  • Section 111-2: 3(B)(3)(xii)(b) Special Conditions removed “described in Paragraph 3(C) “Special Conditions for Federal SNAP” as the reference to Paragraph 3(C) is now obsolete.
  • Section 111-2: 4(C)(2)(d) all references to “3(B)(4)(b)” have been updated to “3(B)(3)” consistent with the move of that information.
  • Section 111-2: 4(D)(3)(b)(iii) “Subparagraph B(3)(c)” has been updated to “Subparagraph C(3)(b)” consistent with the move of that information.
  • Section 111-2: 4(D)(5)(c) has been corrected to “The letter or other document must contain the household member’s full name and at least one of the following:”
  • Section 444-4: added the text “Disqualified Members” and “Disqualified Members (cont.)” to the top of each page.
  • Section 444-4: 2(B)(5)(a) Reference to “Section 111-2(3)(B)(13)” has been updated to “Section 111-2(3)(B)(3)” consistent with the move of that information.
  • Section 444-4: 2(B)(5)(d) Reference to “Section 111-2(3)(B)(4)” has been updated to “Section 111-2(4)(C)(2)(b)” consistent with the move of that information.
  • Section 444-4: 2(C) has been corrected to “or due to a noncitizen status listed under Subparagraph B(5) above.”

This rule will have an adverse impact on municipalities or small businesses. As of September 2, 2025, it is estimated that over 600 small businesses in Maine accept SNAP. The proposed changes, required by federal law, will impact 648 individuals who are expected to lose access to SNAP and in turn the retailers and food assistance programs that currently support these individuals, and may see lost revenue and/or increased demand.

Statutory Authority: 22 M.R.S. §§ 42(1), and 3104-A

Effective Date: April 5, 2026

Agency Contact Person: Evan Denno, SNAP Program Manager

Evan.Denno@maine.gov

 

Office: Office for Family Independence

Comment deadline:

Effective date:

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