The United States Department of Agriculture (USDA) said it would cut food aid to more than 42 million Americans, according to a new court filing.
Americans who rely on essential food assistance will receive half their normal monthly allotment after the federal government released money set aside for emergencies.
The justices previously gave the Trump administration until Monday to submit a plan for how it plans to pay for Supplemental Nutrition Assistance Program (Snap) benefits, also known as food stamps.
Funding for the program was in limbo due to the more than month-long U.S. government shutdown caused by Congress' failure to negotiate a funding agreement.
While individual US states administer the benefits, the program relies on money from the federal government, which is unfunded and closed as of October 1.
By the end of the day on Monday, states will have clarity on how they will distribute the reduced funds.
Federal judges in Massachusetts and Rhode Island have ruled that the USDA must use $5.25 billion (£4 billion) in emergency funds to make at least partial payments to Americans through Snap.
Snap costs about $8 billion a month.
Both judges said the Trump administration could use money set aside for emergency spending to provide benefits.
US President Donald Trump previously said he had instructed government lawyers to ask the courts how the administration could legally fund Snap, adding: “Even if we receive immediate guidance, it will unfortunately be delayed.”
Treasury Secretary Scott Bessent told CNN on Sunday that the president wanted to hear from the courts on how to legally move money to fund Snap payments, but they could end as soon as Wednesday.
“There’s a process that needs to be followed,” Bessent said. “So we need to figure out what that process is.”
Late last month, the USDA said it would not distribute food aid funds starting Nov. 1 due to the government shutdown, saying, “The well has dried up.”
Half the states and the District of Columbia have sued the administration over the food aid freeze and said they have a legal obligation to maintain the program in their jurisdictions.
Separately, cities and nonprofit organizations filed suit.
Amid the uncertainty surrounding federal funding for Snap, some states have said they will use their own money to fund Snap benefits.
Snap plays a vital role in allowing many low-income Americans to buy groceries. It provides them with reloadable debit cards that they can use to buy food.
A family of four averages $715 a month, which works out to just under $6 a day per person.
