Judges Rule Trump Can鈥檛 Completely Stop SNAP Aid
They say contingency funds can help bridge the gap for 42 million Americans, including millions of children, who rely on the assistance.
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Updated Nov. 4
The White House said Tuesday afternoon that the administration would partially fund the Supplemental Nutrition Assistance Program that feeds some 42 million Americans, including 16 million children, hours after President Donald J. Trump threatened to withhold the money and defy a court order.
Multiple news outlets reported that press secretary Karoline Leavitt , saying the administration would comply with last week’s ruling that it could not cut off all funding to the federal food assistance program known as SNAP .
On Truth Social Tuesday morning, Trump wrote: 鈥淪NAP BENEFITS, which increased by Billions and Billions of Dollars (MANY FOLD!) during Crooked Joe Biden鈥檚 disastrous term in office (Due to the fact that they were haphazardly 鈥榟anded鈥 to anyone for the asking, as opposed to just those in need, which is the purpose of SNAP!), will be given only when the Radical Left Democrats open up government, which they can easily do, and not before!鈥
The president’s post sparked anger and confusion among advocates Tuesday, who said they’ve been working with the federal government to get the critical aid flowing. Gina Plata-Nino, interim director for SNAP at the Food Research & Action Center, called Trump’s apparent reversal on providing partial funding cruel and intentionally harmful to needy families.
“He has to follow the law,鈥 she said of the president. 鈥淭he agencies are already working on this. USDA [U.S. Department of Agriculture] already agreed to comply and issued the memo guidance form last night.鈥
Last week, two federal judges ruled that the Trump administration could not withhold SNAP funding. The government then agreed to a partial payment using contingency monies, but said it would not tap other sources to fully cover the food assistance program. Advocates say families can expect to receive just 50% of their typical allotment for the month of November. And it’s unclear when the aid will arrive.
Meanwhile, multiple outlets reported Tuesday that one of those judges, U.S. District Judge John McConnell of Rhode Island, has to consider a new motion that would force the USDA to provide the full $8 billion needed for November benefits.
Two federal judges on Friday ruled against President Donald Trump鈥檚 move to suspend food stamp benefits starting Nov. 1 amid the month-long government shutdown, with each noting contingency funding is available.
It鈥檚 unclear if the Trump administration plans an appeal or how quickly food assistance can flow to the 42 million Americans who rely on the Supplemental Nutrition Assistance Program. Sixteen million of them are children, putting pressure on schools to address their needs.
U.S. District Judge of Rhode Island ordered the U.S. Department of Agriculture to distribute the funds in a timely manner using contingency money.
鈥淪NAP benefits have never, until now, been terminated,鈥 McConnell 鈥淎nd the United States has in fact admitted that the contingency funds are appropriately used during a shutdown, and that occurred in 2019.鈥
In a separate ruling, U.S. District Judge of Massachusetts gave the Trump administration until Monday to decide whether it will provide at least some food stamp benefits to recipients. She indicated the suspension of SNAP benefits is contrary to law.
She found fault with the defendants鈥 assertion that the U.S Department of Agriculture is prohibited from funding SNAP because Congress has not enacted new appropriations for the current fiscal year.
鈥淭o the contrary, defendants are statutorily mandated to use the previously appropriated SNAP contingency reserve when necessary and also have discretion to use other previously appropriated funds,鈥
Despite the judges鈥 rulings, many advocates say some kids will go hungry in November because the process for obtaining the aid consists of multiple steps 鈥 some of which have already been missed for those who receive help at the start of every month.
On Oct. 28, more than 20 states, the District of Columbia, and three governors for suspending November鈥檚 SNAP benefits. They called the move unprecedented and illegal.
鈥淪NAP is one of our nation鈥檚 most effective tools to fight hunger, and the USDA has the money to keep it running,鈥 New York Attorney General Letitia James, with the president, said in a statement. 鈥淭here is no excuse for this administration to abandon families who rely on SNAP, or food stamps, as a lifeline. The federal government must do its job to protect families.鈥
Gina Plata-Nino, interim director for SNAP at the Food Research & Action Center, said her organization encouraged the USDA to tap into its contingency and reserve funds to save children and families from going hungry. By refusing this opportunity, at least some recipients will likely miss their allotment.
Plata-Nino said states were directed by federal officials on Oct. 10 to stop reporting critical data 鈥 a list of household eligibility and food stamp allocation 鈥 information they send directly to electronic benefit transfer contractors, who are key in distributing the aid.
鈥淓ven in the best-case scenario, if the judge says, 鈥榃e rule in your favor and we demand that this happens right now,’ and the Trump administration doesn’t appeal 鈥 the process of getting benefits into recipients’ accounts would take time,鈥 she said.
Arlen Benjamin-Gomez, executive director of EdTrust New York, a statewide education policy and advocacy organization, said it鈥檚 clear that serious damage has already been done to what is an essential program.
鈥淲e know from what has happened so far with this administration that when they make announcements like this, it does have a direct impact on programs and the ability to sustain them,鈥 she said. 鈥淔or example, there was an announcement of federal cuts to Head Start very early on in the administration, and the program actually shut down. It鈥檚 still recovering. So, we can’t predict the chaos that is spread by this most recent effort to cut benefits.鈥
Benjamin-Gomez praised New York for declaring a state of emergency on the matter: Gov. Kathy Hochul is committing an additional $65 million in new state funds for emergency food aid to support state food banks. But not all states will do the same.
Ian Coon, spokesperson for Alliance for Education, an independent, local education fund that supports Seattle Public Schools, said his organization has already earmarked funding to bridge the gap for those in need.
He said the Alliance decided in late October to fund $150,000 in gift cards to area food stores for families in crisis. He said school staff will help identify children in need and offer the assistance of $25, $50 or $100. The $150,000 comes from a reserve fund.
鈥淲e are fully aware it鈥檚 not a long-term solution, but we needed to do something,鈥 Coon said.
Carolyn Vega, associate director of policy analysis for Share Our Strength, which runs No Kid Hungry, said her organization also does not predict an abrupt or smooth end to the suffering of American families who rely on these benefits.
鈥淲e are not holding our breath for the money to start flowing today,鈥 she said. 鈥淜ids can鈥檛 wait: Families have to eat every single day. We know from our extensive work with schools that teachers already see kids show up to school hungry on Monday mornings. We can only imagine how much worse that would be if a family came in and were expecting to see benefits on Saturday and they did not. It鈥檚 an unbelievable strain for food banks. We know that schools will be an important resource for many families, but they can鈥檛 fill in the gap.鈥
In fiscal year 2023, nearly 80% of SNAP households included either a child, an elderly person or a non-elderly individual with a disability, . About 39% of SNAP participants were children that year.
A statement on the federal agency鈥檚 website blames Senate Democrats for the shutdown.
鈥淭hey can continue to hold out for healthcare for illegal aliens and gender mutilation procedures or reopen the government so mothers, babies, and the most vulnerable among us can receive critical nutrition assistance,鈥 .
The department declined to comment on the judges鈥 rulings.
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