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Update 26-04: CalFresh Implementation of H.R. 1 Changes To Noncitizen Eligibility Policy
Common Place Handbook
| Date | References | Clerical | Implementation |
| 03/26/26 | ACL 25-92 | N/A | 04/01/26 |
Background
On July 4, 2025, the House of Representatives 1 (H.R. 1) was signed into law, limiting CalFresh eligibility to citizens and a narrower group of noncitizens compared to those previously eligible. H.R. 1 does not change eligibility rules for Lawful Permanent Residents (LPRs), the five-year waiting period, or other provisions of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA).
Changes
Effective April 1, 2026, the new eligibility rules must be applied at initial certification for new applicants and at recertification for ongoing households.
The following categories are eligible:
- U.S. citizens
- Naturalized Nationals
- Lawful Permanent Residents (LPR)
- Cuban and Haitian Entrants (CHE)
- Compact of Free Association (COFA)
New Applications
For new applications dated on or after April 1, 2026, Social Services Benefit Specialists (SSBS) must deny CalFresh to household members who do not meet the updated noncitizen criteria. Applications received before April 1, 2026, will be processed under pre-H.R. 1 criteria and will not be subject to new restrictions until recertification.
Ongoing Households
Effective April 1, 2026, at each recertification, the SSBS must ask whether any noncitizen household members have had a change in immigration status, document the response, request verification when needed, and determine continued eligibility under the H.R. 1 noncitizen rules. Immigration status must be verified through SAVE.
For recertifications where a household member is found ineligible due to noncitizen status, a notice of action explaining who was denied and why must be issued. If the entire household is ineligible, the notice must reflect the full denial. These requirements apply to recertifications due in April 2026 with an effective date of May 1, 2026, and all recertifications thereafter.
Mid-Period Changes
Households are not required to report changes in immigration status during the certification period.
- If a household voluntarily reports a change that would decrease benefits, the SSBS must:
- Issue a No Change NOA,
- Document actions, including any verification provided voluntarily, in the Journal Detail page, and
- Follow up at the next recertification.
- If the household voluntarily reports a change that would increase benefits, the SSBS must act on the change accordingly.
- A SAVE match received during the certification period is considered Verified Upon Receipt (VUR) and must be processed under existing mid‑period change rules.
Treatment of Excluded Members
Ineligible noncitizen household members are treated as excluded members. Their resources are included in budget calculations (except for CE/MCE households), and a prorated share of their income and deductible expenses must be included.
SAVE Verification
Immigration status must be verified through SAVE at the time of application and recertification. Pending verification cannot delay, deny, reduce, or terminate benefits. If households dispute SAVE results, request secondary verification and allow certification for up to six months pending results.
California Food Assistance Program (CFAP) Impact
CFAP provides state-funded CalFresh benefits to certain lawfully present noncitizens who are ineligible for CalFresh solely due to PRWORA. Eligibility for CFAP is established under section 18930(b)(1) of the Welfare and Institutions Code. H.R. 1 does not change the CFAP eligibility rules, and individuals who lose eligibility under H.R. 1 are not eligible for CFAP.
The following Common Place Handbook topics have been revised to incorporate the updated guidance:
Hmong, Jay Treaty Indians, and Lautenberg Parolee
Voluntary Departure and Withholding of Deportation
Program Eligibility and USCIS Codes
Non-numbered Immigration Forms
Note: This update is related to CalFresh Handbook Update 26-04.
Data Systems
Release of CalSAWS 26.03, System Changes Request (SCR) CA-294574, automates the document types and section codes for non-citizen eligibility in CalFresh and CFAP, to comply with federal and state requirements effective April 1, 2026.
Notice of Action
Proper notices of action must be issued for denials, whether for entire households or individual members.
Department of Employment & Benefits Services
Contact Person(s): Rosa Villalobos, SSA BPIS, (408) 755-7540