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"The administration’s legal maneuver sends a clear and devastating message: that the well-being of America’s most vulnerable is not important," said the president of the Food Research & Action Center.
The Trump administration will not give poor Americans food assistance without a fight.
Instead of following a federal judge’s ruling Thursday that ordered officials to release Supplemental Nutrition Assistance Program (SNAP) funds to 42 million Americans by the next day, the Department of Justice (DOJ) asked an appeals court to immediately block the ruling on Friday.
The Trump administration has argued that due to the government shutdown, the SNAP program, which provides food assistance to those making 130% of the federal poverty line or less, functionally does not exist.
In an emergency request to the 1st Circuit Court of the United States, the DOJ called the lower court's ruling, "unprecedented" and argued that it makes "a mockery of the separation of powers.”
Furthering what has been widely interpreted as an effort to pressure Democrats to cave on their demands in the government shutdown, the appeal stated that the lapse in SNAP funding was caused by “congressional failure, and... can only be solved by congressional action.”
US District Judge John McConnell of Rhode Island, in his second ruling against the administration's efforts to choke off SNAP benefits, wrote the previous day that the administration's plan to partially fund the program was insufficient. The previous week, McConnell had ruled that the administration had to tap a $5 billion contingency fund to fund the program and make up for the shortfall by drawing from other sources.
The administration agreed to use the contingency fund but offered a plan that fell several billion dollars short of fully funding the program and would have amounted to a 61% benefit cut for the average SNAP recipient, leaving millions without benefits altogether, according to an analysis by the Center on Budget and Policy Priorities.
While the administration has sought to pin the blame for funding lapses on Democrats in Congress and has asserted that its hands are tied, McConnell described the administration's maneuvering as a deliberate political stunt.
"This is a problem that could have and should have been avoided," McConnell said. “The defendants failed to consider the practical consequences associated with this decision to only partially fund SNAP... It’s likely that SNAP recipients are hungry as we sit here."
He added that Trump had essentially telegraphed his plan to defy the court order over the weekend, writing on Truth Social that “SNAP payments will be given only when the government opens.”
This, along with messages on the US Department of Agriculture (USDA) website blaming Democrats for the lapse in funding, McConnell suggested, was evidence that “SNAP benefits are being withheld for political reasons.”
“Children are immediately at risk of going hungry,” McConnell said. “This should never happen in America.”
More than 1 in 8 Americans rely on the SNAP program, 39% of whom are children. As the CBPP report explained, families with children would likely be those hardest hit under Trump's partial funding proposal.
"Nearly 1.2 million SNAP households with roughly 4.9 million people—roughly 1 in 9 SNAP recipients—will receive zero benefits because their normal benefit amount is less than the planned benefit reduction," it says. "Only one-or two-person households receive a minimum benefit under SNAP rules, leaving some households with three or more members—which are primarily households with children—at risk of receiving nothing."
The USDA has also issued a warning to grocery stores telling them it is illegal for them to offer special discounts to SNAP recipients hurt by the freeze, even though the government is allowed to grant them waivers. On Thursday, Sen. Ron Wyden (D-Ore.) introduced a bill that would allow grocery stores to voluntarily offer discounts to SNAP recipients whenever their benefits are affected by a government shutdown.
“Donald Trump is the most powerful person in the world,” Wyden said. “Only a monster would use that power to deny help to millions of families that don’t know where their next meal is coming from.”
As the CPBB has noted, contrary to its claims, nothing is stopping the Trump administration from transferring funds from other food assistance programs to fund SNAP fully. It has already done this twice to sustain the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), which a court ruled was legal.
"Instead of using the funding that has been readily available to feed people, this administration continues to fight to deny tens of millions from accessing the nutrition they need," said Crystal FitzSimons, president of the Food Research & Action Center. "For some unfathomable reason, the Trump administration wants to punish the 42 million people, including children, working parents, older adults, people with disabilities, and veterans, who rely on SNAP to put food on the table."
She added that "at a time when food insecurity is rising due to increasing grocery prices, the administration’s legal maneuver sends a clear and devastating message: that the well-being of America’s most vulnerable is not important."
The Trump administration "has once again gone out of its way to inflict further harm on low-income families," said the Center on Budget and Policy Priorities.
The average recipient of federal food aid will see a massive 61% benefit cut this month—and millions will lose November benefits entirely—under the Trump administration's plan to only partially fund the Supplemental Nutrition Assistance Program as the government remains shut down.
That's according to an analysis published Wednesday by the Center on Budget and Policy Priorities (CBPP), which found that the expected 61% benefit cut exceeds what's necessary to keep November SNAP spending within the limits of the program's contingency fund.
The think tank said that roughly 1.2 million low-income US households with around 5 million people will receive no benefits at all this month because the across-the-board benefit cut is larger than their typical monthly benefit. The average SNAP recipient receives around $180 per month, or approximately $6 daily.
"Nearly 5.4 million households with one or two members will receive a minimum benefit of $12 for November," CBPP added. "This appears to violate SNAP's regulations, which require these households to receive the typical minimum benefit of $24 unless benefits are cancelled, suspended entirely, or reduced by more than 90%."
"By cutting benefits even more deeply than necessary, the administration—which previously argued (contrary to federal law and the administration's own prior practice) that SNAP's contingency funds aren't legally available to cover regular benefits—has once again gone out of its way to inflict further harm on low-income families," the think tank added.
"There is no excuse that justifies the administration delaying the release of benefits and then choosing not to utilize every resource available to provide full benefits."
The new analysis was released after President Donald Trump sparked confusion and outrage with a Truth Social post earlier this week threatening to defy court orders and withhold SNAP funding entirely until the end of the government shutdown, which is now the longest in US history.
The White House later insisted that the administration is complying with court directives, but advocates and Democratic lawmakers have denounced the partial SNAP funding plan outlined by the US Department of Agriculture as badly inadequate—particularly as families are also facing unprecedented cuts to Medicaid benefits and Affordable Care Act premium hikes stemming from congressional Republicans' refusal to extend subsidies.
"There is no excuse that justifies the administration delaying the release of benefits and then choosing not to utilize every resource available to provide full benefits to the 42 million people who rely on SNAP to put food on the table," said Crystal FitzSimons, president of the Food Research & Action Center. "The decision to provide only partial benefits forces state agencies to scramble under unclear guidance, which will further delay benefits."
"It also means that families are missing out on much needed nutrition support," FitzSimons said. "Enough time has already been lost—the funds must be released immediately to avert further harm, chaos, and confusion."
Rep. Pramila Jayapal (D-Wash.) wrote Thursday that "families can't pay half of the bill at the grocery store or make half of a meal to feed their kids."
"Americans deserve their full SNAP benefits," Jayapal added.
"The administration has chosen to hold food for more than forty million vulnerable people hostage to try to force Democrats to capitulate without negotiations," says one Georgetown law professor.
Two federal judges have said the Trump administration cannot use the government shutdown to suspend food assistance for 42 million Americans. But hours into Saturday, when payments were due to be disbursed, President Donald Trump appears to be defying the ruling, potentially leaving millions unable to afford this month's grocery bills.
A pair of federal judges in Massachusetts and Rhode Island ruled Friday that the Department of Agriculture's (USDA) freeze on benefits from the Supplemental Nutrition Assistance Program (SNAP), also known as food stamps, was unlawful and that the department must use money from a contingency fund of $6 billion to pay for at least a portion of the roughly $8 billion meant to be disbursed this month.
“There is no doubt that the six billion dollars in contingency funds are appropriated funds that are without a doubt necessary to carry out the program’s operation,” said US District Judge John McConnell of Rhode Island in his oral ruling. “The shutdown of the government through funding doesn’t do away with SNAP. It just does away with the funding of it. There could be no greater necessity than the prohibition across the board of funds for the program’s operations.”
McConnell added: “There is no doubt, and it is beyond argument, that irreparable harm will begin to occur if it hasn’t already occurred in the terror it has caused some people about the availability of funding for food for their family."
SNAP benefits are available to people whose monthly incomes fall below 130% of the federal poverty line. More than 1 in 8 Americans rely on the program, and 39% of them are children. According to USDA research, cited by the Washington Post, those who receive SNAP benefits rely on it for 63% of their groceries, with the poorest, who make below 50% of the poverty line, relying on it for as much as 80%.
McConnell shot down the administration's contention that the contingency funds may be needed for some other hypothetical emergency in the future, saying "It’s clear that when compared to the millions of people that will go without funds for food versus the agency’s desire not to use contingency funds in case there’s a hurricane need, the balances of those equities clearly goes on the side of ensuring that people are fed."
While the judge in Massachusetts, Indira Talwani, ruled that Trump merely had to use the contingency funds to fund as much of the program as possible, McConnell went further, saying that in addition, they had to tap other sources of funding to disburse benefits in full, and do so "as soon as possible." Both judges gave the administration until Monday to provide updates on how it planned to follow the ruling.
However, after the ruling on Friday, Trump insisted on social media that "government lawyers do not think we have the legal authority to pay SNAP with certain monies we have available, and now two courts have issued conflicting opinions on what we can and cannot do."
He added: "I do NOT want Americans to go hungry just because the Radical Democrats refuse to do the right thing and REOPEN THE GOVERNMENT. Therefore, I have instructed our lawyers to ask the Court to clarify how we can legally fund SNAP as soon as possible."
Attorney and activist Miles Mogulescu pointed out in Common Dreams that, "until a few days ago, even the Trump administration agreed that these funds should be used to continue SNAP funding during the shutdown."
On September 30, the day before the shutdown began, the USDA posted a 55-page "Lapse of Funding" plan to its website, which plainly stated that if the government were to shut down, "the department will continue operations related to... core nutrition safety net programs.”
But this week, USDA abruptly deleted the file and posted a new memo that concocted a new legal reality out of whole cloth, stating that “due to Congressional Democrats’ refusal to pass a clean continuing resolution (CR), approximately 42 million individuals will not receive SNAP benefits come November 1st.”
As Mogulescu notes: "The new memo cited absolutely no law supporting its position. Instead, it made up a rule claiming that the 'contingency fund is not available to support FY 2026 regular benefits, because the appropriation for regular benefits no longer exist.'"
Sharon Parrott, the president of the Center on Budget and Policy Priorities, who previously served as an official in the White House Office of Management, said last week that it's "unequivocally false" that the administration's hands are tied.
"I know from experience that the federal government has the authority and the tools it needs during a shutdown to get these SNAP funds to families," Parrott said. "Even at this late date, the professionals at the Department of Agriculture and in states can make this happen. And, to state the obvious, benefits that are a couple of days delayed are far more help to families than going without any help at all."
She added: "The administration itself admits these reserves are available for use. It could have, and should have, taken steps weeks ago to be ready to use these funds. Instead, it may choose not to use them in an effort to gain political advantage."
In hopes of pressuring Democrats to abandon their demands that Congress extend a critical Affordable Care Act tax credit and prevent health insurance premiums from skyrocketing for more than 20 million Americans, Republicans have sought to use the shutdown to inflict maximum pain on voters.
Trump has attempted to carry out mass layoffs of government workers, which have been halted by a federal judge. Meanwhile, his director of the Office of Management and Budget, Russell Vought, has stripped funding from energy and transportation infrastructure projects aimed at blue states and cities.
"Terminating SNAP is a choice, and an overtly unlawful one at that," says David Super, a constitutional law professor at Georgetown University. "The administration has chosen to hold food for more than forty million vulnerable people hostage to try to force Democrats to capitulate without negotiations.”