New Mexico Register / Volume XXXVII, Issue 18 / September 22, 2026

TITLE 8 SOCIAL SERVICES

CHAPTER 106 STATE FUNDED ASSISTANCE PROGRAMS

PART 640 STATE FOOD ASSISTANCE PROGRAM

8.106.640.1 ISSUING AGENCY: New Mexico health care authority.

[8.106.640.1 NMAC - N/E, 4/1/2026; N, 9/23/2026]

8.106.640.2 SCOPE: This rule applies to the general public.

[8.106. 640.2 NMAC - N/E, 4/1/2026; N, 9/23/2026]

8.106.640.3 STATUTORY AUTHORITY: New Mexico Statutes Annotated 1978 (Chapter 27, Articles 1 and 2) authorize the state to administer the aid to families with dependent children (AFDC), general assistance (GA), shelter care supplement, the burial assistance programs and such other public welfare functions as may be assumed by the state.

[8.106.640.3 NMAC - N/E, 4/1/2026; N, 9/23/2026]

8.106.640.4 DURATION: Permanent.

[8.106.640.4 NMAC - N/E, 4/1/2026; N, 9/23/2026]

8.106.640.5 EFFECTIVE DATE: September 23, 2026 unless a later date is cited at the end of a section.

[8.106.640.5 NMAC - N/E, 4/1/2026; N, 9/23/2026]

8.106.640.6 OBJECTIVE: The objective of the New Mexico state funded food assistance program is to provide households with food assistance for those who do not qualify for supplemental nutrition assistance program (SNAP) under the Food and Nutrition Act of 2008.

[8.106.640.6 NMAC - N/E, 4/1/2026; N, 9/23/2026]

8.106.640.7 DEFINITIONS : [RESERVED]

8.106.640.8 One-time state funded food assistance payment for lawfully present individuals:

A. Purpose: provide a one-time state funded food assistance payment to lawfully present individuals who were receiving SNAP benefits and are currently ineligible solely due to due to changes in the treatment of their immigration status pursuant to the July 4, 2025, amendment to 7 USC § 2015(f).

B. Method of payment: a one-time lump sum payment will be issued into the EBT account accessible to the participant.

C. Eligibility: Must meet the following criteria:

(1) was, or is a current SNAP recipient; and

(2) has submitted a timely recertification; and

(3) lost SNAP benefits during recertification solely due to changes in the treatment of their immigration status pursuant to the July 4, 2025, amendment to 7 USC § 2015(f).

D. Benefit amount: will be determined by the authority based on legislative intent and the availability of funds.

(1) this will be a one-time lump sum payment; and

(2) will be calculated based upon a percentage of the average of the recipient’s SNAP benefits issued over a six-month period; and

(3) the total amount of the funds appropriated; and

(4) the number of individuals that lost SNAP benefits during recertification solely due to changes in the treatment of their immigration status pursuant to the July 4, 2025, amendment to 7 USC § 2015(f).

E. Receipt of payment under this part does not establish an entitlement to ongoing or future benefits.

F. Limitation of funds:

(1) the authority shall not issue benefits more than the amount appropriated;

(2) no benefits shall be issued once the funds are exhausted.

G. Disclosure: Use or disclosure of information from SNAP applicants and recipient households

who receive this one-time state food benefit shall be restricted to:

(1) Employees of the HCA who are investigating intentional program violations, deception, or fraud by recipients of this one-time state food assistance.

(2) Local, state, or federal law enforcement officers acting in their official capacity, upon written request by such law enforcement officers that includes the name of the household member being sought, for the purpose of obtaining the address, social security number, and, if available, photograph of the household member, if the member is fleeing to avoid prosecution or custody for a crime, or an attempt to commit a crime, that would be classified as a felony (or a high misdemeanor in New Jersey), or is violating a condition of probation or parole imposed under a federal or state law. The state agency shall provide information regarding a household member, upon written request of a law enforcement officer acting in his or her official capacity that includes the name of the person being sought, if the other household member has information necessary for the apprehension or investigation of the other household member who is fleeing to avoid prosecution or custody for a felony, or has violated a condition of probation or parole imposed under federal or state law. The state agency must accept any document that reasonably establishes the identity of the household member being sought by law enforcement authorities. The HCA shall disclose only such information as is necessary to comply with a specific written request of a law enforcement agency authorized by this paragraph.

[8.106.640.8 NMAC - N/E, 4/1/2026; N, 9/23/2026]

8.106.640.9 NMAC: [RESERVED]

8.106.640.10 BENEFIT ISSUANCE AND DELIVERY:

A. Benefit issuance: state funded food assistance will be issued through a direct deposit into a household’s EBT account. EBT cards are issued and maintained as defined at 8.139.610 NMAC.

B. Expungement: the state food assistance shall be subject to expungement in accordance with 8.139.610.8 NMAC.

C. Household use of state food assistance: the household shall only be allowed to use the food assistance for food purchases in accordance with 8.139.610.11 NMAC.

[8.106.640.10 NMAC - N/E, 4/1/2026; N, 9/23/2026]

History of 8.106.640 NMAC: 8.106.640 NMAC, State Food Assistance Program was renamed and became effective 4/1/2026.

History of repealed material:

8.106.640 NMAC, Description of Program/Benefits - Benefit Corrections, filed 7/1/2004 - Repealed effective 4/1/2014.

Other: 8.106.640 NMAC, Description of Program/Benefits - Benefit Corrections, filed 3/12/2026 as an emergency new rule effective 4/1/2026.

8.106.640 NMAC, Description of Program/Benefits - Benefit Corrections, filed 3/12/2026 as an emergency new rule is filed permanently as new rule effective 9/23/2026.