President Donald Trump's administration faces deadlines on Monday to tell two federal judges whether it will comply with court orders that it continue to fund SNAP, the nation's biggest food aid program, using contingency funds during the government shutdown.
The U.S. Department of Agriculture planned to freeze payments to the Supplemental Nutrition Assistance Program starting Nov. 1 because it said it could no longer keep funding it due to the shutdown. The program serves about 1 in 8 Americans and is a major piece of the nation's social safety net — and it costs about $8 billion per month nationally.
The situation leaves millions with uncertainty about how they will feed themselves. Benefits will be delayed in November regardless of the outcome of the court cases because many beneficiaries have their cards recharged early in the month and the process of loading cards can take a week or more in many states.
Democratic state attorneys general or governors from 25 states, as well as the District of Columbia, challenged the plan to pause the program, contending that the administration has a legal obligation to keep it running in their jurisdictions. Cities and nonprofits also filed a lawsuit.
On Friday, judges in Rhode Island and Massachusetts ruled separately that the administration must continue to pay for SNAP. They both gave the administration leeway on whether to fund the program partially or in full for November.
The USDA has a $5 billion contingency fund for the program, but the Trump administration reversed an earlier agency plan to use that money to keep SNAP running. Democratic officials argue that the administration could also use a separate fund of about $23 billion.
U.S. District Judge John J. McConnell in Providence, Rhode Island, said SNAP must be funded using at least contingency funds, and he asked for an update on progress by Monday.
He said all previous work requirement waivers must continue to be honored. During the shutdown, the USDA has terminated existing waivers that exempted work requirements for older adults, veterans and others.
In Boston, U.S. District Judge Indira Talwani ruled the suspension was unlawful and said USDA has to pay for SNAP. Talwani ordered the federal government to advise by Monday whether they will use emergency reserve funds to provide reduced SNAP benefits for November or fully fund the program using both contingency funds and additional available funds.
Advocates and beneficiaries say halting the food aid would force people to choose between buying groceries and paying other bills. The majority of states have announced more or expedited funding for food banks or novel ways to load at least some benefits onto the SNAP debit cards.
To qualify for SNAP in 2025, a family of four's net income after certain expenses can't exceed the federal poverty line, which is about $32,000 per year. Last year, SNAP assisted nearly 42 million people, about two-thirds of whom were families with children.
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