Farmworkers are a staple in the American food industry, playing a key role in getting fresh produce to the tables of American families across the country. Ironically, many farmworkers are unable to afford the very produce they pick. Michigan legal aid attorneys can leverage special rules in the federal food assistance program to help ensure these families have access to adequate nutrition.
Background
There are high rates of food insecurity among farmworkers, reaching up to 82 percent in some regions (Food for Others). Such food insecurity can be partly addressed by the Supplemental Nutrition Assistance Program (SNAP), known in Michigan as the Food Assistance Program (FAP). But despite these high rates of food insecurity, only about 13 percent of eligible farmworkers access these benefits (Center for Poverty & Inequality Research).
Seasonal Income Rules
One challenge that can complicate farmworker eligibility is that SNAP uses monthly income to determine eligibility. However, farmworkers’ employment is seasonal, which isn’t what the SNAP program was designed for. As farmworker wages rise during the peak season, some farmworkers become temporarily ineligible for SNAP. A few months later, once the peak season has ended, these farmworkers may become eligible again for benefits. This leads to a phenomenon called “churn,” where participants exit and re-enter the SNAP program. One study found that farmworker households were at least one and a half times as likely to churn as non-farmworker households, and more than twice as likely after the end of peak harvest season (Center for Poverty & Inequality Research).
SNAP regulations seek to address the problem of seasonal income fluctuation. Section 7 CFR 273, which dictates the certification of eligible households for SNAP, includes several provisions designed to address these challenges. Some of these provisions help ensure access to immediate emergency assistance. In particular,
- Farmworkers qualify for 7-day expedited SNAP processing if their liquid resources are less than $100 and their gross income is less than $150, or if their housing and utility costs exceed their cash plus gross income (7 CFR 273.2(i)(1)(ii)). Advocates can use this provision for farmworkers dealing with delayed paychecks or other unforeseen circumstances, many of whom live paycheck to paycheck and do not have extra money saved up for emergencies.
- Additionally, a terminated income stream, or having the only new income expected to be less than $25 within 10 days, qualifies the household as destitute, helping to ensure eligibility for immediate emergency assistance in accordance with the abrupt income drops that happen when harvest season ends (7 CFR 273.10(e)(3)).
- Moving between growers, even under the same crew chief, is considered an income stream “terminated” (7 CFR 273.10(e)(3)(vi)), making this provision more accessible for the fluctuating nature of agricultural work. This can be critical as a typical Michigan farmworker may move from asparagus to apples throughout the growing season, working for multiple farmers but working with the same crew—experiencing income fluctuation and throughout the highs and lows of each harvest.
- 7 CFR 273 also helps simplify the certification of farmworker households that are changing states. For eligible migrant farmworkers who were receiving SNAP benefits in another state within 30 days of reapplying for SNAP in Michigan, they receive a full month’s allotment with no proration for the month they apply. States also accept recent out-of-state SNAP history from migrant workers to bypass duplicative verification steps and avoid penalizing their cross-state participation (7 CFR 273.2(i)(4)), recognizing the fundamentally mobile nature of agricultural work.
Modified Work Requirements
Beyond special eligibility provisions, advocates should also be aware of modified work requirements. Migrant and seasonal farmworkers who are not currently working but have a contract to begin work within 30 days (at least 30 hours per week or equivalent wages) are exempt from work registration during that waiting period, helping workers stay eligible during the gaps between seasons. For churning families, it is important to note that unemployment or underemployment during the off-season does not automatically disqualify farmworkers from SNAP, provided they meet standard income and asset tests. They may still be required to participate in state Employment and Training programs (7 CFR 273.7(b)(1)(vii)). Work requirements have been expanded to parents of children over 14 and older adults ages 55 through 64. There are many ways to meet these work requirements, including childcare and volunteer work, and seasonal workers may meet the requirements based on their differing schedules. Advocates should scrutinize notices, consider alternative ways to comply, and seek deferrals and exemptions.
Additional Resources
Sun Bucks (Michigan Summer EBT) can provide additional benefits to families. is also an important program to be aware of. Families who qualify get $120 for summer groceries for each eligible child, which is valid for 122 days after the issuance date. Migrant school children ages 6 to 18 are categorically eligible, and those receiving SNAP benefits or enrolled in a school participating in the National School Lunch Program do not need to apply and will receive benefits automatically. Because many kids are enrolled in Michigan schools for part of the prior school year or will be for a few months in the fall, they could potentially qualify, adding to budgets. Advocates should advise their clients to look out for a notice in the mail for children that are automatically eligible.
Migrant Resource Councils (MRC) can be a great resource to enhance advocate connection on farmworker SNAP issues. They provide local coordination on matters related to the wellbeing of farmworkers within their service area, and are open to farmworkers and advocates alike. MRCs often have existing relationships with migrant workers and growers, and can be a means of hosting clinics and consultations, and sharing information with the farmworker community. If you work with farmworkers or are a farmworker looking for support navigating food assistance, connecting with your regional MRC can open doors that are hard to find alone.
Communication and advocacy can ensure more farmworkers and their families are fed
Many farmworkers who churn are likely continuously SNAP eligible (Center for Poverty & Inequality Research), and many eligible households are not SNAP participants at all. By leveraging the special food assistance rules for seasonal farmworkers, advocates can actively mitigate churn and increase participation, bringing us closer to ensuring that all food-insecure farmworker households have access to adequate nutrition.