HR1 caused substantial changes to noncitizen eligibility for CalFresh. The California Department of Social Services (CDSS) will implement these changes effective April 1, 2026. Counties cannot implement these changes prior to April 1, 2026. Counties cannot implement these changes by manual processes or system workarounds.
Under HR 1, individuals are eligible for CalFresh only if they reside in the United States and are either:
- United States citizens
- Noncitizen nationals
People born in American Samoa and Swain’s Island after December 21, 1952, or residents of the Northern Mariana Islands who choose not to become United States citizens
- Lawful Permanent Residents
- Individuals who reside in the United States in accordance with a Compact of Free Association, or
- Cuban and Haitian Entrants.
Certain categories are no longer eligible for CalFresh, but continue to qualify for an exemption from the five year waiting period, and therefore are eligible immediately when they become Lawful Permanent Residents. Those categories are: noncitizens admitted to the U.S. as refugees ,Noncitizens granted asylum, noncitizens whose deportations were withheld, Cuban and Haitian entrants, Compact of Free Association Citizens, Iraqis and Afghans with Special Immigrant Visas, certain Afghan Nationals Granted Parole Between July 31, 2021, and September 30, 2023, certain Ukrainian Nationals Granted Parole Between February 24, 2022, and September 30, 2024 noncitizens admitted to the United States as Amerasian immigrants, and victims of trafficking.
Categories of noncitizens who are no longer eligible for CalFresh are: asylees, refugees, parolees (unless they are Cuban or Haitian Entrents), individuals with deportation or removal withheld, conditional entrants, victims of trafficking, battered noncitizens, certain Afghan Nationals granted parole between July 31, 2021, and September 30, 2023, and certain Ukrainian Nationals granted parole between February 24, 2022, and September 30, 2024.
Effective April 1, 2026, counties must apply these new rules for new applications, and for recertifications. Effective April 1, 2026, counties must ask about where there has been a change in immigration status. Immigration statues must be verified through the federal Systematic Alien Verification System.
Households are not required to report a change in immigrations status midperiod.
A SAVE match is considered Verified Upon Receipt. If a household disagrees with SAVE
An ineligible noncitizen household member’s resources must be included in the budget calculation to determine the benefit amount. (ACL 25-92, December 31, 2025.)