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All County Letter No. 25-92 Page Eight

CALIFORNIA FOOD ASSISTANCE PROGRAM (CFAP)

Currently, CFAP is operated pursuant to a federal option that limits eligibility to lawfully present noncitizens in immigration status categories that lost eligibility for CalFresh under PRWORA (7 USC § 2016(i)). As such, Welfare and Institutions Code (WIC) Section 18930(b)(1), provides that lawfully present noncitizens qualify for state-funded food benefits through CFAP if they are ineligible for CalFresh solely as a result of PRWORA.

H.R. 1 does not impact CFAP noncitizen eligibility criteria pursuant to this federal option, and state law governing CFAP eligibility remains unchanged. Thus, most lawfully present noncitizens who lose CalFresh eligibility due to H.R. 1 are not eligible for CFAP, with the exception of battered noncitizens per WIC Section 18930(b)(2). However, lawfully present noncitizens who lose CalFresh eligibility due to H.R. 1 may qualify for CFAP if they later adjust their status to a CFAP qualifying status.

QUALITY CONTROL

FNS’s guidance states that the QC 120-day exclusionary period outlined at 7 CFR 275.12(d)(2)(vii), often referred to as a “QC hold harmless period”, ended on November 1, 2025, 120 days after the law was enacted on July 4, 2025. However, as previously described in the background section of this letter, a preliminary injunction has been issued extending the QC exclusionary period through April 9, 2026. CDSS plans to issue updated policy guidance in 2026 as the end of the exclusionary period approaches.

If you have any questions or need additional guidance regarding the information in this letter, contact the CalFresh Policy Bureau at CalFreshPolicy@dss.ca.gov.

Sincerely,

Original Document Signed By

ALEXIS FERNÁNDEZ GARCIA Deputy Director Family Engagement and Empowerment Division

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