Two federal judges have ruled that the Trump administration cannot halt food assistance used by roughly 42 million low-income Americans during the government shutdown. The decisions require the government to fund the Supplemental Nutrition Assistance Program (Snap), commonly called food stamps, by tapping emergency funds.
President Donald Trump said he had told government lawyers to ask the courts how the administration could legally pay for Snap, adding, “Even if we get immediate guidance, it will unfortunately be delayed.”
States handle day-to-day administration of the benefits, but the money comes from Washington. The federal government has been unfunded and shut down since October 1, and the standoff is now in its second month, with Republicans and Democrats trading blame.
Snap delivers aid through reloadable debit cards that can be used for groceries. A typical family of four receives about $715 (£540) per month, which works out to just under $6 (£4.50) per person per day. Several states have pledged to front their own money if needed, but federal officials have warned those costs will not be reimbursed.
“Hunger doesn’t wait for politics.”
Anonymous
What we Know
The US Department of Agriculture (USDA) said it would not distribute food assistance funds in November because of the shutdown, saying, “The well has run dry.” Treasury Secretary Scott Bessent said payments could go out as soon as Wednesday. “There’s a process that has to be followed, so we have got to figure out what the process is,” he told CNN on Sunday. Asked if that could happen by midweek, he replied, “Could be.”
Dozens of states sued to stop the funding halt and pushed the administration to use a contingency reserve of about $6bn (£4.5bn) for Snap. Trump wrote on Truth Social, “If we are given the appropriate legal direction by the Court, it will BE MY HONOR to provide the funding.”
In Massachusetts, US District Judge Indira Talwani wrote that the suing states are likely to win on their claim that “Congress intended the funding of Snap benefits, at a reduced rate if necessary, when appropriated funds prove insufficient.” She ordered the administration to access the contingency fund and report back by Monday on whether at least partial November benefits will be issued. Judge Talwani also said the administration was wrong to conclude that law prevented the USDA from using emergency reserves during a lapse in funding.
Facts
The USDA has argued that the reserves cannot cover the full monthly cost of benefits, which runs between $8.5bn and $9bn. Agriculture Secretary Brooke Rollins has said the reserve should be used only for emergencies like natural disasters. Even if the government turns to the contingency fund, it would cover only about 60% of beneficiaries in a single month, according to the Center on Budget and Policy Priorities.
Judge Talwani further asked the administration to say whether it will pay full benefits by moving money from other programs, noting that officials shifted military research funds earlier this month to cover armed forces pay.
In a separate case in Rhode Island, federal Judge John J McConnell Jr ordered the administration to make full Snap payments by November 3. He said the contingency fund, along with a separate $23bn fund created under amendments to the Agricultural Adjustment Act of 1935, could be used to meet the obligation. If the government declines to use those sources, the judge said it must at least issue a partial payment using the entire contingency fund by November 5.
The USDA did not comment on the rulings. The BBC has also asked the Office of Management and Budget for a response. The National Parents Union urged immediate action, calling the plan to halt benefits “a moral disgrace and a direct assault on America’s working families.”
