US judges say Trump administration must pay Snap food benefits

The Trump administration cannot suspend food assistance that some 42 million low-income Americans benefited from during the US government shutdown, two federal judges have ruled.

The ruling says the government must pay for Supplemental Nutrition Assistance Program (Snap) benefits from emergency funds.

Responding on social media, President Donald Trump said he has directed government lawyers to ask the courts how the administration can legally fund SNAP.

“Even if we receive immediate guidance, it will unfortunately be delayed,” Trump said.

The USDA's website says it will not distribute food assistance funds in November due to the shutdown, saying the “well has dried up.”

The Snap program provides people with reloadable debit cards that they can use to purchase needed products. A family of four receives an average of $715 (£540) a month, which works out to just under $6 (£4.50) a day per person.

States administer benefits using money from the federal government, which has been unfunded and closed since October 1.

Several states have pledged to use their own funds to cover the shortfall, but the federal government has warned they will not be reimbursed.

Dozens of US states sue the Trump administration over its plans to withdraw funding, hoping to force it to use the estimated $6bn (£4.5bn) reserve fund for Snap, also known as food stamps.

On Friday on Truth Social, President Trump said, “If the court gives us the legal direction to do so, I would be honored to provide the funding.”

Massachusetts District Judge Indira Talwani wrote in her decision that the suing states will likely prevail in court on their claim that “Congress intended to fund SNAP benefits, if necessary at a reduced rate, when appropriated funds were insufficient.”

A Massachusetts judge said the administration must access reserve funding to pay the benefits and must report to the court by Monday on whether it will authorize at least partial payments for November.

Judge Talwani also wrote that the Trump administration “erred in concluding” that USDA is legally prohibited from drawing down emergency reserve fund reserves if federal funding is cut off.

The USDA said those reserves are not enough to pay full benefits, which cost between $8.5 billion and $9 billion each month. Agriculture Secretary Brooke Rollins said she would only use the fund in the event of an emergency, such as a natural disaster.

Even if the government turns to the emergency fund, it will only be able to cover about 60% of beneficiaries in one month, according to the Center on Budget and Policy Priorities (CBPP), a think tank focused on policies to help low-income families.

Judge Talwani also asked the administration to say Monday whether it would use the fund to pay reduced benefits or pay full benefits for the month by transferring money from other programs, similar to how the administration transferred military research funds earlier this month to pay military personnel.

In a separate ruling, Rhode Island federal judge John J. McConnell Jr. ordered the Trump administration to make full payments of Snap's benefits by Nov. 3.

The judge says the reserve fund – in addition to a separate $23 billion fund created by amendments to the 1935 Agricultural Adjustment Act – can be used to make full payments.

If the government decides not to use these other funds, Judge McConnell Jr. ruled that the government must make a partial payment using the total amount of the reserve funds by November 5th.

Separately in Rhode Island, a lawsuit was filed by a number of US cities and non-governmental organizations that sued over what they called the “unlawful suspension” of the program.

“There is no question and no doubt that irreparable harm will begin to occur, if it has not already occurred, as a result of the terror he has caused some people about the availability of food funding for their families,” said U.S. District Judge John McConnell.

The USDA has not commented on the decisions. The BBC has also reached out to the Office of Management and Budget for comment.

At a press conference before the ruling, Rollins said “we are looking at all options” when asked whether the administration would comply if the courts asked it to release the funds.

On Friday, the group behind the suit filed in Rhode Island said the ruling “is a lifeline for millions of families, seniors and veterans who depend on SNAP to put food on their food supply.”

“This reaffirms a fundamental principle: no administration can use hunger as a political weapon.”

Republicans and Democrats have traded blame for the federal government shutdown, which is about to enter its second month, with no meaningful progress toward an agreement.