Judges Order Trump Admin To Use Emergency Funds To Pay For SNAP Benefits With Cutoff Tomorrow
A pair of federal judges ruled Friday that the Trump administration must draw on emergency funding to ensure that at least part of the nation’s Supplemental Nutrition Assistance Program (SNAP) continues — just one day before the Department of Agriculture warned the program’s funds would run dry amid the prolonged government shutdown.
The rulings, issued separately in Boston and Providence, Rhode Island, determined that the USDA may decide whether to provide full or partial benefits for November, but that cutting off the program entirely would be unlawful. SNAP, which provides food aid to roughly 42 million Americans, costs about $8 billion each month.
Earlier in the week, 25 Democratic-led states and the District of Columbia filed suit against the USDA in Boston federal court, charging that the agency’s claim that the “well has run dry” violated federal law. Similar arguments were raised in Rhode Island, where a coalition of cities and nonprofits joined the legal challenge.
The administration countered that it lacked authority to use the roughly $5 billion contingency fund reserved for emergencies. The plaintiffs argued otherwise, maintaining that the Food and Nutrition Act compels the government to use such funds when necessary, since it mandates that “assistance under this program shall be furnished to all eligible households.”
Agriculture Secretary Brooke Rollins addressed the issue alongside House Speaker Mike Johnson (R-La.) on Capitol Hill, saying, “There is a contingency fund at USDA, but that contingency fund, by the way, doesn’t even cover, I think half of the $9.2 billion that would be required for November SNAP.” She added, “It is only allowed to flow if the underlying program is funded. If Hurricane Melissa or one of the hurricanes hits, that’s the contingency fund that we would use to send more money into the vulnerable communities that are harmed by a specific event, like a hurricane — but it is a contingency fund that can only flow if the underlying appropriation is approved.”
However, a previously released — and later deleted — USDA “Lapse in Funding Plan” from September 30 suggested that “multi-year contingency funds” were, in fact, intended to address temporary shortfalls in SNAP financing. Despite this, subsequent correspondence from the administration asserted that the $6 billion reserve could not be used for routine monthly payments, insisting that such funds were meant strictly for emergencies.
Boston U.S. District Judge Indira Talwani disagreed. In her 15-page decision, she wrote, “At core, Defendants’ conclusion that USDA is statutorily prohibited from funding SNAP because Congress has not enacted new appropriations for the current fiscal year is erroneous.”
She continued, “To 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 as detailed below.” Talwani ordered the USDA to report by Monday whether it could “authorize only reduced SNAP benefits” using disaster-response money “or to authorize full SNAP benefits” by combining emergency and other available funds.
Talwani further noted that “there shouldn’t be an outright suspension of the program while some funds are available.”
In a similar ruling, U.S. District Judge John J. McConnell in Rhode Island directed the federal government to use emergency funding to sustain the program and demanded a progress update by Monday. McConnell also required that all previously granted work requirement waivers remain in effect after the USDA had moved to terminate them, which would have affected older adults, veterans, and others exempted during the shutdown.
While the Trump administration is expected to appeal both rulings, it remains uncertain how soon SNAP beneficiaries’ electronic benefit cards can be replenished — a process that typically takes one to two weeks.
Saturday marks what would be the first lapse in SNAP funding in six decades. Several governors, including New York’s Kathy Hochul, have declared states of emergency to help food banks prepare for possible shortfalls.
“Millions of families rely on SNAP — or food stamps — to survive,” New York Attorney General Letitia James said Friday, after joining the Boston lawsuit. “The administration tried to use the shutdown as an excuse to withhold food assistance from vulnerable Americans, but the court has made clear that the law requires those benefits to continue.”
She added, “The federal government cannot simply walk away from its obligation to feed the people it serves. We will keep fighting until every family in New York and across the nation can put food on the table.”
Eligibility rules for 2025 stipulate that a family of four may qualify for SNAP only if its net income after deductions does not exceed the federal poverty line, set at about $31,000 per year.
{Matzav.com}
