Judge: USDA must tap contingency fund for SNAP benefits

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A federal judge in Boston on Oct. 31 ruled that the Trump administration must continue to fund SNAP as the government shutdown threatens food aid benefits for millions of Americans, ordering the White House to outline a plan to provide at least partial assistance starting on Nov. 1.

U.S. District Court Judge Indira Talwani said the administration’s suspension of benefits “is contrary to law,” noting that the U.S. Department of Agriculture is statutorily required to use previously appropriated SNAP contingency funds when necessary and has discretion to use other available funds.

Benefits for roughly 42 million Americans, including about 1.1 million in Massachusetts, are at risk as the federal government faces its second-longest shutdown in history.

A coalition of 25 states, including governors and attorneys general, sued earlier in the week to compel the administration to release the contingency funds for the Supplemental Nutrition Assistance Program.

Talwani has a temporary restraining order under advisement. Court documents allow the administration to inform the court by Nov. 1 on whether it will authorize at least partial benefits for November, and whether it will use only contingency funds or additional appropriations.

The Trump administration has maintained it will not tap billions in reserve funds, arguing that emergency SNAP dollars “are only allowed to flow if the underlying program is funded” by Congress, according to Agriculture Secretary Brooke Rollins.

“Defendants’ suspension of SNAP benefits is contrary to law. At core, Defendants’ conclusion that USDA is statutorily prohibited from funding SNAP because Congress has not enacted new appropriations for the current fiscal year is erroneous. To the contrary, Defendants are statutorily mandated to use the previously appropriated SNAP contingency reserve when necessary and also have discretion to use other previously appropriated funds as detailed below,” Talwani wrote.

States have scrambled to respond. Massachusetts, which distributes $240 million in SNAP payments monthly, has moved to provide some emergency aid. Gov. Maura T. Healey announced on Oct. 30 that she would advance a $4 million monthly payment to food banks and that $1 million in private donations has been raised for food pantries. Advocates are calling for the state to use its rainy day fund, while Senate Republicans suggested other state appropriations could be tapped to feed families.

The 15-page decision is Commonwealth of Massachusetts, et al. v. United States Department of Agriculture, et al., Lawyers Weekly No. 02-602-25.