DHS Launches Nationwide ICE Operation Targeting Immigrants Accused of SNAP Fraud, Arrests, Laws and What Happens Next
The Department of Homeland Security (DHS) says Immigration and Customs Enforcement (ICE) has launched a nationwide operation targeting immigrants it accuses of fraudulently obtaining Supplemental Nutrition Assistance Program (SNAP) benefits. DHS publicly identified five people arrested so far: four Haitian nationals and one Cuban national, and described them as the first wave of a larger crackdown.
The announcement came the same week as a separate, broader federal initiative. On October 21, 2026, the Department of Justice (DOJ), the U.S. Department of Agriculture (USDA) and the USDA Office of Inspector General reported enforcement actions against more than 40 defendants in cases involving nearly $42 million in SNAP-related intended losses, and nearly $45 million in intended losses across SNAP and another USDA program.
The $42 million figure belongs to the DOJ initiative, not to the five people DHS named. The government has not said the five ICE arrests account for that amount, and the two announcements should not be treated as one case.
DHS describes its operation as sustained and nationwide, but its public announcement gives no overall arrest target, end date, complete list of people under investigation or separate criminal court records for each person named.
A central legal point is also easy to get wrong. Federal law generally makes people without qualifying immigration status ineligible for SNAP in their own right, but a household does not automatically lose eligibility because one member is ineligible, and ineligibility alone is not fraud. Fraud requires false statements, identity misuse or prohibited transactions.
DHS and ICE SNAP Fraud Operation: Quick Facts
| Detail | Verified information |
| Lead immigration agency | U.S. Immigration and Customs Enforcement (ICE), part of DHS |
| Announcement date | October 21, 2026 (some reports date the launch to October 20) |
| Stated purpose | Target immigrants DHS accuses of fraudulently accessing SNAP benefits |
| People publicly identified by DHS | Four Haitian nationals and one Cuban national |
| Names released by DHS | Rubstony Junior Theodore, Wilbert Jean Baptiste, Louis Jean, Jhensly Charles and Elizabeth Povea Rodriguez |
| Overall ICE arrest target | Not announced |
| Operation end date | Not announced |
| Separate DOJ initiative | National USDA Benefits and Program Fraud Enforcement Surge |
| DOJ enforcement period | September 1 to October 21, 2026 |
| Defendants in DOJ’s broader actions | More than 40 |
| SNAP-related intended losses reported by DOJ | Nearly $42 million |
| Total intended losses across the broader USDA actions | Nearly $45 million |
| Agencies in the wider initiative | DOJ, USDA, USDA-OIG, Homeland Security Investigations (HSI), FBI, U.S. Attorneys’ Offices, state and local agencies |
| Federal SNAP eligibility law | 7 U.S.C. § 2015(f) |
| Federal SNAP fraud law | 7 U.S.C. § 2024 |
| Public compensation program | None announced |
| Current legal status | Individual cases are at different procedural stages |
What Did DHS Say About the Five ICE Arrests?
DHS identified five people in its public announcement and described each as living unlawfully in the United States:
- Rubstony Junior Theodore: a Haitian national. DHS cited prior arrests for larceny, obstruction of officers and trespassing. Arrests are not convictions.
- Wilbert Jean Baptiste: a Haitian national.
- Louis Jean: a Haitian national.
- Jhensly Charles: a Haitian national.
- Elizabeth Povea Rodriguez: a Cuban national. DHS said she had a prior disorderly-conduct conviction and had been arrested in connection with battery and domestic-violence allegations. The arrest allegations must be kept separate from the reported conviction.
DHS said some people had already been apprehended and deported but did not give a complete count or the immigration outcome for each of the five.
An ICE arrest is not a conviction for SNAP fraud. The announcement does not supply an indictment or case number for each person. Each person’s status, any charges and the evidence behind the allegations must be established through the relevant court and agency records. The five names are the people DHS chose to publicize, not a complete list.
Is the DHS Operation the Same as the DOJ’s $42 Million SNAP Fraud Crackdown?
No. They are related in purpose but differ in scope.
DHS announced an ICE operation centered on immigration enforcement against people it accuses of improperly obtaining SNAP. DOJ’s National Fraud Enforcement Division, USDA and USDA-OIG announced a wider criminal initiative that ran from September 1 through October 21, 2026, covering more than 40 defendants and involving 13 U.S. Attorneys’ Offices and the Utah Attorney General’s Office. Nearly $42 million of the nearly $45 million in intended losses involved SNAP; another case involved attempted fraud on a federal crop-insurance program. The initiative includes newly indicted defendants, people who have pleaded guilty, people already sentenced and others whose cases are pending.
So the number of enforcement actions cannot be read as the number of immigrants arrested by ICE, and not every defendant in the DOJ initiative is described as undocumented. Cases involve retailers accused of trafficking benefits, theft of recipients’ account data, fraudulent applications and stolen identities.

What Are the Major Cases in the DOJ Initiative?
| Case | What authorities reported | Status reported by DOJ |
| United States v. Jorag Yaseen and Rami Kanaan | Chicago food-store operators accused of using stolen EBT account information; about $29.7 million intended loss | Indicted |
| United States v. Mercedes New (known online as Shawty Dred) | Georgia social media personality accused of using fraudulent SNAP accounts and EBT cards; $4.4 million intended loss in DOJ’s summary | Indicted; arrested October 13, 2026 |
| United States v. Ana Patricia Escalante and others | Oregon infant-formula resale case involving more than $2.4 million in stolen SNAP benefits | Escalante sentenced to 27 months and $2.4 million restitution; others at different stages |
| United States v. Kirk Deshaun Woodley and Chantel LaShawn Peavy | Michigan scheme with hundreds of fraudulent applications and identifying information for more than 650 people; about $1.1 million intended loss | Woodley pleaded guilty; Peavy sentenced to 18 months |
| United States v. Mohinder Singh | Lansing convenience-store operator accused of exchanging cash and ineligible items for SNAP; about $1.09 million intended loss | Indicted |
| United States v. Sqar Qahtan et al. | Ohio group accused of exchanging SNAP benefits for cash, marijuana and other ineligible items; about $1 million intended loss | Criminal complaints filed |
These cases involve different conduct and should not be merged into one story. In the Shawty Dred case, a grand jury indicted Mercedes Reshard New on October 7, 2026 on 46 counts of mail fraud, 15 counts of aggravated identity theft, and one count each of SNAP fraud and illegal access-device transactions. He has not been convicted. Nothing in the public record connects that case to the five people named by DHS.
Is This the First Federal Immigration-Linked Benefit-Fraud Operation?
No. ICE’s Homeland Security Investigations (HSI) runs Document and Benefit Fraud Task Forces and has worked EBT-fraud cases for years. In May 2025, for example, HSI and partners ran an operation targeting EBT-card fraud at Los Angeles-area ATMs. And on June 18, 2026, DOJ announced charges against 15 people, 11 of them described as illegal aliens and four U.S. citizens, in a $1.4 million benefit-fraud case in Massachusetts. The October operation is described as an expansion, not a first.
Can Undocumented Immigrants Legally Receive SNAP Benefits?
Generally no. People unlawfully present in the United States are not eligible for SNAP in their own right under 7 U.S.C. § 2015(f). The 2025 reconciliation law (Public Law 119-21) narrowed the categories of noncitizens eligible for SNAP. Individual eligibility is now generally limited to U.S. citizens and nationals and specified categories, including certain lawful permanent residents (subject to the statute’s conditions), certain Cuban and Haitian entrants and certain people lawfully residing under the Compacts of Free Association. Applicants must also meet ordinary income and resource rules.
What Happens in a Mixed-Status Household?
A household can contain eligible and ineligible members. U.S. citizen children can qualify even if a parent does not. The ineligible member is left out of the benefit unit, and the state applies rules governing how that person’s income and resources count toward the household’s benefit amount (see 7 C.F.R. § 273.11(c)).
That is why “undocumented immigrants cannot get SNAP” does not mean every household with an undocumented member is committing fraud. A parent who applies only for eligible citizen children, and truthfully discloses their own non-applicant status without giving a false Social Security number, is applying in the way the rules contemplate. The legal questions are whether the household followed the real eligibility rules and whether any false statement, identity misuse or prohibited transaction occurred.
How Does SNAP Fraud Work?
SNAP is federally funded and administered by USDA, while states handle applications, eligibility and EBT issuance. Benefits are restricted to eligible food at authorized retailers and cannot lawfully be sold or exchanged for cash. Investigators in the wider enforcement actions described four patterns:
- Stolen EBT card information. Account numbers or credentials are taken through skimming devices, fraudulent websites or stolen identities and used without the recipient’s permission.
- Fraudulent SNAP accounts. Applications are filed with another person’s identity or false information, and benefits load onto a card controlled by someone else.
- Retailer trafficking. An authorized retailer exchanges cash or ineligible items for benefits, or runs false purchases.
- Resale of goods bought with stolen benefits. In one Oregon case in DOJ’s announcement, investigators described a network that allegedly bought infant formula with stolen benefits and resold it.
Alleged SNAP fraud therefore does not always mean an individual simply applied for benefits they were not eligible to receive.
Why Is ICE Involved in SNAP Fraud Cases?
ICE is part of DHS and enforces immigration law. Its HSI division also investigates fraud and financial crimes, including document and benefit fraud, with USDA-OIG, the FBI, the Postal Inspection Service, the Secret Service and state and local agencies. These cases often cross state lines and involve identity documents.
Immigration enforcement and criminal prosecution are separate processes. An ICE arrest may rest on civil immigration authority, while a criminal fraud charge is prosecuted in federal or state court and requires proof of every element beyond a reasonable doubt. An immigration case can move on a separate track from a criminal prosecution, and the public DHS announcement does not show that each person arrested has been indicted for SNAP fraud.
What Federal Laws Can Apply to SNAP Fraud?
The charges differ from case to case. These laws are commonly used.
- 7 U.S.C. § 2024 (SNAP violations). Prohibits knowingly using, transferring, acquiring, altering or possessing benefits contrary to the program’s rules, and presenting illegally obtained benefits for payment. Under § 2024(b)(1), benefits valued at $5,000 or more carry up to 20 years and a fine of up to $250,000, and lower values carry lower maximums.
- 18 U.S.C. § 1341 (mail fraud) and § 1343 (wire fraud). Apply where the mail or interstate wires are used in a scheme to defraud. Each carries up to 20 years per count.
- 18 U.S.C. § 1028A (aggravated identity theft). Covers knowingly using another person’s identification without authority during and in relation to listed felonies, and adds a mandatory two-year term ordinarily consecutive to the underlying sentence. Flores-Figueroa v. United States, 556 U.S. 646 (2009), requires proof the defendant knew the identification belonged to a real person, and Dubin v. United States, 599 U.S. 110 (2023), narrowed the “in relation to” requirement.
- 18 U.S.C. § 1029 (access-device fraud). Covers fraud involving access devices, which can include EBT cards. The exact subsection charged controls the elements and penalty.
- 18 U.S.C. § 1028 and § 1546 (identity and document fraud). Cover false identification documents and fraud involving immigration documents.
- 18 U.S.C. § 911 and 42 U.S.C. § 408(a)(7)(B). Make it a crime to falsely claim U.S. citizenship or to use a false Social Security number to obtain a benefit.
- 18 U.S.C. § 1956 (money laundering). Sometimes added in larger cases where proceeds are allegedly concealed. The Chicago case against Yaseen and Kanaan includes wire fraud and money-laundering conspiracy allegations. These counts are not automatic in every SNAP case.
Federal courts also order restitution in fraud cases under the Mandatory Victims Restitution Act (18 U.S.C. § 3663A), and property traceable to proceeds can be forfeited where the indictment and the law support it.
What Are the Immigration Consequences of SNAP Fraud?
A criminal case and an immigration case can both follow from the same conduct. The consequences depend on the person’s status and the actual conviction or finding.
- Unlawful presence. A person present without authorization is already removable under 8 U.S.C. § 1227(a)(1)(B), with or without a fraud conviction.
- Crimes involving moral turpitude and aggravated felonies. Fraud offenses are generally treated as crimes involving moral turpitude. A noncitizen can be deportable for a qualifying CIMT conviction (8 U.S.C. § 1227(a)(2)(A)(i) and (ii)). A fraud or deceit offense involving a loss to the victim of more than $10,000 is an aggravated felony (8 U.S.C. § 1101(a)(43)(M)), which brings mandatory detention in many cases and bars most forms of relief. Whether a given SNAP conviction qualifies depends on the statute of conviction and the loss amount, so it is a question for an immigration attorney.
- Fraud and false claims to citizenship. Willful misrepresentation of a material fact to obtain an immigration benefit makes a person inadmissible under 8 U.S.C. § 1182(a)(6)(C)(i), and a false claim to U.S. citizenship has its own ground under § 1182(a)(6)(C)(ii). Waivers exist for some people under § 1182(i) but are limited.
- Public charge. Public charge inadmissibility is under 8 U.S.C. § 1182(a)(4). Lawful receipt of benefits by eligible U.S. citizen children does not make a parent a public charge. Fraudulent receipt is a separate problem, because the underlying misrepresentation can independently support inadmissibility. The public-charge regulations have changed repeatedly, so current DHS rules should be checked before relying on any summary.
- Removal mechanics. Noncitizens in removal proceedings generally have the right to counsel at no government expense (8 U.S.C. § 1229a(b)(4)(A)). Expedited removal (8 U.S.C. § 1225(b)(1)) applies only to certain categories of people, and its scope has been contested in court.
What Are a Person’s Rights If Contacted by Law Enforcement?
General rules, not advice for any specific situation:
- Silence and counsel. Anyone can decline to answer questions about immigration status or benefit use and ask for a lawyer. In criminal matters, the Fifth and Sixth Amendments apply. In civil immigration proceedings, a person can generally remain silent, but silence can sometimes be used against them. Do not give false documents or false statements, which can create new crimes.
- Warrants. ICE administrative warrants (Forms I-200 and I-205) are issued by immigration officers and do not by themselves authorize agents to enter a home without consent. A judicial warrant signed by a judge authorizes entry or search as stated in the warrant.
- Detainers. An immigration detainer (8 C.F.R. § 287.7) is a request that a local jail hold a person for ICE. It is not a criminal charge or a judicial order.
- Get a lawyer early. A criminal defense lawyer and an immigration lawyer should coordinate, because a plea that resolves the criminal case can have severe immigration consequences.
What Happens to Someone Accused of SNAP Fraud?
The path depends on whether the matter is a state administrative review, a civil immigration case, a criminal prosecution or several at once. A person may face a benefits review or administrative disqualification, and if criminal charges are filed, the government must prove guilt beyond a reasonable doubt. An indictment or criminal complaint is an allegation. After a legal finding, consequences can include repayment, disqualification from the program, fines, forfeiture and imprisonment, and noncitizens may also face removal. A person’s immigration status does not prove that they committed fraud, and not everyone named in a press release has been charged.
What Should SNAP Recipients Do If Their EBT Card Is Compromised?
The operation does not require ordinary recipients to file a claim or attend an ICE proceeding. But anyone whose benefits were stolen or whose identity may have been used should act quickly.
- Contact your state SNAP agency to report unfamiliar accounts, notices or transactions and ask how to secure your case.
- Call your state’s EBT customer-service line to block or replace a compromised card and change your PIN.
- Keep benefit notices, transaction histories and confirmation numbers.
- If someone used your identity, create an identity-theft report at IdentityTheft.gov.
Does the ICE Operation Mean SNAP Benefits Will Be Cut Off?
No blanket termination of SNAP benefits has been announced. Eligibility and benefit amounts are set under federal and state rules, and a state that finds an ineligible recipient or a fraudulent account may take administrative action with notice and, usually, appeal rights. A person who receives a notice should read it carefully, note the deadline and follow the appeal instructions. A household with eligible members should not assume everyone loses eligibility because one member is ineligible.
What Happens Next in the DHS Operation?
DHS has not announced a final arrest target or completion date. Federal prosecutors will continue handling individual cases in the DOJ initiative, and further developments could include new criminal charges, more immigration arrests, restitution orders and additional public information from DHS, USDA-OIG and DOJ. The best evidence of the outcome in any case will be an indictment, plea agreement, judgment, sentencing order or official agency record, not a general enforcement announcement.
DHS and ICE SNAP Fraud Operation: Key Dates
| Date | Event |
| May 1 to 2, 2025 | HSI and partners run an EBT-card fraud operation in the Los Angeles area |
| July 4, 2025 | Public Law 119-21 enacted, narrowing SNAP noncitizen eligibility |
| June 18, 2026 | DOJ announces charges against 15 people, 11 described as illegal aliens, in a $1.4 million benefit-fraud case in Massachusetts |
| September 1, 2026 | Start of the period covered by DOJ’s National USDA Benefits and Program Fraud Enforcement Surge |
| October 7, 2026 | Grand jury indicts Mercedes Reshard New (Shawty Dred), according to DOJ |
| October 13, 2026 | New arrested in Las Vegas, according to DOJ |
| October 20 to 21, 2026 | DHS publicizes its ICE operation; DOJ and USDA announce enforcement actions against more than 40 defendants |
| As of October 22, 2026 | No overall ICE arrest target, claim process or end date announced |
Frequently Asked Questions About the Nationwide ICE SNAP Fraud Operation
Did DHS launch a nationwide ICE operation targeting SNAP fraud?
Yes. DHS announced it on October 21, 2026, and described it as a continuing effort. It has not published an overall arrest target or end date.
How many people has DHS publicly named?
Five: Rubstony Junior Theodore, Wilbert Jean Baptiste, Louis Jean, Jhensly Charles and Elizabeth Povea Rodriguez. The announcement does not say this list is complete.
Is the $42 million in SNAP fraud linked to these five arrests?
No such link has been established. The figure belongs to a broader DOJ initiative covering more than 40 defendants in multiple cases.
Are all the defendants in the DOJ initiative undocumented immigrants?
No. The initiative includes retailers, people accused of stealing account data and others. The announcement does not classify every defendant as unlawfully present.
Can undocumented immigrants legally receive SNAP?
Not in their own right. Eligibility is limited to citizens, nationals and specified noncitizen categories under 7 U.S.C. § 2015(f), plus ordinary program requirements.
Can U.S. citizen children get SNAP if a parent is undocumented?
Potentially yes. In a mixed-status household the state determines eligibility and benefits, and an ineligible parent does not automatically disqualify eligible children.
Does an ICE arrest mean someone was convicted of SNAP fraud?
No. An arrest is not a conviction, and immigration enforcement and criminal fraud charges are separate processes.
Can a lawful permanent resident be deported for SNAP fraud?
Possibly, if convicted. Depending on the offense and loss amount, a fraud conviction can make a noncitizen deportable as a crime involving moral turpitude or an aggravated felony. The answer depends on the specific conviction and should be reviewed by an immigration attorney.
What penalties can apply to SNAP fraud?
They depend on the offense, the value of benefits and the evidence. Under 7 U.S.C. § 2024, unauthorized transactions worth $5,000 or more carry up to 20 years. Identity theft, mail fraud, wire fraud and money-laundering statutes can add penalties.
What is the difference between an ICE administrative warrant and a judicial warrant?
An administrative warrant is signed by an immigration officer and supports an immigration arrest but does not by itself authorize entry into a home without consent. A judicial warrant is signed by a judge and authorizes entry or search as described.
Can SNAP recipients lose benefits because of this operation?
No blanket termination was announced. Individual determinations follow federal and state rules, and recipients should follow any notice’s appeal deadlines.
Is there a claim form for this operation?
No. It is an enforcement initiative, not a consumer settlement.
How can someone report EBT theft or identity misuse?
Contact the state SNAP agency and the state’s EBT customer-service line, and report identity theft at IdentityTheft.gov. Keep official notices and reference numbers.
Related Reading on AllAboutLawyer.com
- How to Report Identity Theft in Georgia (FTC, Police Report, and the Attorney General’s Office)
- Criminal Identity Theft, What to Do if Someone Uses Your Name During an Arrest
- SNAP Food Stamp Lawsuit 2026, Soda & Candy Ban Challenged
Sources
- DHS, “Illegal Aliens Caught Stealing SNAP Benefits, Defrauding the American Taxpayer, Are Just the First Wave of a Large-Scale Anti-Fraud Crackdown”: https://www.dhs.gov/news/2026/10/21/illegal-aliens-caught-stealing-snap-benefits-defrauding-american-taxpayer-are-just
- DOJ, National USDA Benefits and Program Fraud Enforcement Surge announcement, October 21, 2026: https://www.justice.gov/opa/pr/dojs-fraud-division-department-agriculture-and-usda-oig-uncover-nearly-42m-snap-benefit
- U.S. Attorney’s Office, Northern District of Georgia, Shawty Dred indictment release: https://www.justice.gov/usao-ndga/pr/social-media-personality-shawty-dred-indicted-4-million-snap-fraud-scheme
- DOJ, Massachusetts benefit-fraud charges, June 18, 2026: https://oig.hhs.gov/fraud/enforcement/justice-department-charges-11-illegal-aliens-among-15-in-14m-benefit-fraud-crackdown-in-massachusetts/
- ICE, EBT benefit fraud operation, Los Angeles, May 5, 2025: https://www.ice.gov/news/releases/ice-law-enforcement-partners-arrest-8-illegal-aliens-1-american-during-large-scale
- 7 U.S.C. § 2015, SNAP eligibility: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2015&num=0&edition=prelim
- 7 U.S.C. § 2024, SNAP violations and enforcement: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2024&num=0&edition=prelim
- 7 C.F.R. § 273.11(c), treatment of ineligible noncitizen household members: https://www.ecfr.gov
- 18 U.S.C. §§ 911, 1028, 1028A, 1029, 1341, 1343, 1546, 1956 and 3663A: https://uscode.house.gov
- 8 U.S.C. §§ 1101(a)(43)(M), 1182(a)(4), 1182(a)(6)(C), 1182(i), 1225(b)(1), 1227 and 1229a; 42 U.S.C. § 408(a)(7)(B); 8 C.F.R. § 287.7: https://uscode.house.gov
- Flores-Figueroa v. United States, 556 U.S. 646 (2009); Dubin v. United States, 599 U.S. 110 (2023)
- USDA Food and Nutrition Service, SNAP noncitizen eligibility guidance: https://www.fns.usda.gov/snap/obbb-alien-eligibility
- USDA Food and Nutrition Service, SNAP information for recipients: https://www.fns.usda.gov/snap
- Federal Trade Commission, IdentityTheft.gov: https://www.identitytheft.gov/
Disclaimer: This article is for informational purposes only and does not constitute legal or immigration advice. AllAboutLawyer.com is a legal information website, not a law firm. DHS allegations and criminal charges are not findings of guilt. The status of each person, the charges in each case and any immigration proceedings must be confirmed through official records. Consult a licensed attorney, including an immigration attorney, about your specific situation.
About the Author
Israr Ahmad is a legal content researcher with 4+ years of experience covering class action settlements and consumer rights cases. He has researched and published coverage of 2,500+ settlements using verified court records, settlement administrator filings, and government sources. Learn more about Israr.
