BOSTON — President Trump ’s administration asked a federal appeals court Friday to block a judge’s order that it distribute November’s full monthly SNAP food benefits amid a U.S. government shutdown, even as at least some states said they were moving quickly to get the money to people.
The judge gave the Trump administration until Friday to make the payments through the Supplemental Nutrition Assistance Program. But the administration asked the appeals court to suspend any court orders requiring it to spend more money than is available in a contingency fund, and instead allow it to continue with planned partial SNAP payments for the month.
The court filing came even as Wisconsin said Friday that some SNAP recipients in the state already got their full November payments overnight on Thursday.
“We’ve received confirmation that payments went through, including members reporting they can now see their balances,” said Britt Cudaback, a spokesperson for Democratic Gov. Tony Evers.
Uncertainty remains for many SNAP recipients
The court wrangling prolonged weeks of uncertainty for the food program that serves about 1 in 8 Americans, mostly with lower incomes.
An individual can receive a monthly maximum food benefit of nearly $300 and a family of four up to nearly $1,000, although many receive less than that under a formula that takes into consideration their income. For many SNAP participants, it remains unclear exactly how much they will receive this month, and when they will receive it.
Jasmen Youngbey of Newark, N.J., waited in line Friday at a food pantry in the state’s largest city. As a single mom attending college, Youngbey said she relies on SNAP to help feed her 7-month-old and 4-year-old sons. But she said her account balance was at $0.
“Not everybody has cash to pull out and say, ‘OK, I’m going to go and get this,’ especially with the cost of food right now,” she said.
Tihinna Franklin, a school bus guard who was waiting in the same line outside the United Community Corp. food pantry, said her SNAP account balance was at 9 cents and she was down to three items in her freezer. She typically relies on the roughly $290 a month in SNAP benefits to help feed her grandchildren.
“If I don’t get it, I won’t be eating,” she said. “My money I get paid for, that goes to the bills, rent, electricity, personal items. That is not fair to us as mothers and caregivers.”
The legal battle over SNAP takes another twist
Because of the federal government shutdown, the Trump administration originally had said SNAP benefits would not be available in November. However, two judges ruled last week that the administration could not skip November’s benefits entirely because of the shutdown. One of those judges was U.S. District Judge John J. McConnell Jr., who ordered the full payments Thursday.
In both cases, the judges ordered the government to use one emergency reserve fund containing more than $4.6 billion to pay for SNAP for November but gave it leeway to tap other money to make the full payments, which cost between $8.5 billion and $9 billion each month.
On Monday, the administration said it would not use additional money, saying it was up to Congress to appropriate the funds for the program and that the other money was needed to shore up other child hunger programs.
Thursday’s federal court order rejected the Trump administration’s decision to cover only 65% of the maximum monthly benefit, a decision that could have left some recipients getting nothing for this month.
In its court filing Friday, Trump’s administration contended that Thursday’s directive to fund full SNAP benefits runs afoul of the U.S. Constitution.
“This unprecedented injunction makes a mockery of the separation of powers. Courts hold neither the power to appropriate nor the power to spend,” the U.S. Department of Justice wrote in its request to the court.
In response, attorneys for the cities and nonprofits challenging Trump’s administration said the government has plenty of available money and the court should “not allow them to further delay getting vital food assistance to individuals and families who need it now.”
States are taking different approaches to food aid
Some states said they stood ready to distribute SNAP money as quickly as possible.
The Michigan Department of Health and Human Services said it directed a vendor servicing its SNAP electronic benefit cards to issue full SNAP benefits soon after the federal funding is received.
Benefits are provided to individuals on different days of the month. Those who normally receive benefits on the third, fifth or seventh of the month should receive their full SNAP allotment within 48 hours of funds becoming available, the Michigan agency said, and others should receive their full benefits on their regularly scheduled dates.
Meanwhile, North Carolina’s Department of Health and Human Services said that partial SNAP benefits were distributed Friday, based on the Trump administration’s previous decision. Officials in Illinois and North Dakota also said they were distributing partial November payments, starting as soon as Friday for some recipients.
In Missouri, where officials had been working on partial distribution, the latest court jostling raised new questions. A spokesperson for the state Department of Social Services said Friday that it is awaiting further guidance about how to proceed from the U.S. Department of Agriculture, which administers SNAP.
Amid the federal uncertainty, Delaware’s Democratic Gov. Matt Meyer said the state used its own funds Friday to provide the first of could be a weekly relief payment to SNAP recipients.
On Thursday, Nebraska’s Republican Gov. Jim Pillen downplayed the effect of paused SNAP benefits on families in his state, saying, “Nobody’s going to go hungry.” The multimillionaire said food pantries, churches and other charitable services would fill the gap.
Lieb, Casey and Bauer write for the Associated Press. Lieb reported from Jefferson City, Mo., and Bauer from Madison, Wisc. AP writers Margery Beck in Omaha; Mike Catalini in Newark, N.J.; Jack Dura in Bismarck, N.D.; Mingson Lau in Claymont, Del.; John O’Connor, in Springfield, Ill.; and Gary D. Robertson in Raleigh, N.C., contributed to this report.
College freshman, flying home for Thanksgiving surprise, is instead deported despite court order
CONCORD, N.H. — A college freshman trying to fly from Boston to Texas to surprise her family for Thanksgiving was instead deported to Honduras in violation of a court order, according to her attorney.
Any Lucia Lopez Belloza, 19, had already passed through security at Boston Logan International Airport on Nov. 20 when she was told there was an issue with her boarding pass, said attorney Todd Pomerleau. The Babson College student was then detained by immigration officials and within two days, sent to Texas and then Honduras, the country she left at age 7.
“She’s absolutely heartbroken,” Pomerleau said. “Her college dream has just been shattered.”
According to U.S. Immigration and Customs Enforcement, an immigration judge ordered Lopez Belloza to be deported in 2015. Pomerleau said she wasn’t aware of any removal order, however, and the only record he’s found indicates her case was closed in 2017.
“They’re holding her responsible for something they claim happened a decade ago that she’s completely unaware of and not showing any of the proof,” the lawyer said.
The day after Lopez Belloza was arrested, a federal judge issued an emergency order prohibiting the government from moving her out of Massachusetts or the United States for at least 72 hours. ICE did not respond to an email Friday from the Associated Press seeking comment about violating that order. Babson College also did not respond to an email seeking comment.
Lopez Belloza, who is staying with her grandparents in Honduras, told the Boston Globe she had been looking forward to telling her parents and younger sisters about her first semester studying business.
“That was my dream,” she said. “I’m losing everything.”
Ramer writes for the Associated Press.
Source link
Trump administration says ‘school lunch money’ could cover SNAP benefits
The Trump administration spent Friday fighting to avoid restoring $4 billion in food assistance in jeopardy due to the government shutdown, suggesting it might need to “raid school-lunch money” in order to comply with court orders.
The claim was part of a break-neck appeal in the 1st Circuit Court of Appeals on Friday, where the government hoped to duck a court order that would force it to pay out for food stamps — formally called the Supplemental Nutrition Assistance Program, or SNAP — through November.
“There is no lawful basis for an order that directs USDA to somehow find $4 billion in the metaphorical couch cushions,” Assistant Atty. Gen. Brett A. Shumate wrote in the appeal.
The administration’s only option would be to “to starve Peter to feed Paul” by cutting school lunch programs, Shumate wrote.
On Friday afternoon, the appellate court declined to immediately block the lower court’s order, and said it would quickly rule on the merits of the funding decree.
SNAP benefits are a key fight in the ongoing government shutdown. California is one of several states suing the administration to restore the safety net program while negotiations continue to end the stalemate.
Millions of Americans have struggled to afford groceries since benefits lapsed Nov. 1, inspiring many Republican lawmakers to join Democrats in demanding an emergency stopgap.
The Trump administration was previously ordered to release contingency funding for the program that it said would cover benefits for about half of November.
But the process has been “confusing and chaotic” and “rife with errors,” according to a brief filed by 25 states and the District of Columbia.
Some states, including California, have started disbursing SNAP benefits for the month. Others say the partial funding is a functional lockout.
“Many states’ existing systems require complete reprogramming to accomplish this task, and given the sudden — and suddenly changing — nature of USDA’s guidance, that task is impossible to complete quickly,” the brief said.
“Recalculations required by [the government’s] plan will delay November benefits for [state] residents for weeks or months.”
On Thursday, U.S. District Judge John McConnell Jr. of Rhode Island ordered the full food stamp payout by the end of the week. He accused the administration of withholding the benefit for political gain.
“Faced with a choice between advancing relief and entrenching delay, [the administration] chose the latter — an outcome that predictably magnifies harm and undermines the very purpose of the program it administers,” he wrote.
“This Court is not naïve to the administration’s true motivations,” McConnell wrote. “Far from being concerned with Child Nutrition funding, these statements make clear that the administration is withholding full SNAP benefits for political purposes.”
The appeal could extend that deadline by as little as a few hours, or nullify it entirely.
But the latter may be unlikely, especially following the appellate court’s decision late Friday. The 1st Circuit is currently the country’s most liberal, with five active judges, all of whom were named to the bench by Democratic presidents.
While the court deliberates, both sides are left sparring over how many children will go hungry if the other prevails.
More than 16 million children rely on SNAP benefits. Close to 30 million are fed through the National School Lunch Program, which the government now says it must gut to meet the court’s order.
But the same pool of cash has already been tapped to extend Women, Infants and Children, which is a federal program that pays for baby formula and other basics for some poor families.
“This clearly undermines the Defendants’ point, as WIC is an entirely separate program from the Child Nutrition Programs,” McConnell wrote.
In its Friday order, the 1st Circuit panel said it would issue a full ruling “as quickly as possible.”
Source link
Trump administration seeks to block court order for full SNAP payments in November
BOSTON — President Trump ’s administration asked a federal appeals court Friday to block a judge’s order that it distribute November’s full monthly SNAP food benefits amid a U.S. government shutdown, even as at least some states said they were moving quickly to get the money to people.
The judge gave the Trump administration until Friday to make the payments through the Supplemental Nutrition Assistance Program. But the administration asked the appeals court to suspend any court orders requiring it to spend more money than is available in a contingency fund, and instead allow it to continue with planned partial SNAP payments for the month.
The court filing came even as Wisconsin said Friday that some SNAP recipients in the state already got their full November payments overnight on Thursday.
“We’ve received confirmation that payments went through, including members reporting they can now see their balances,” said Britt Cudaback, a spokesperson for Democratic Gov. Tony Evers.
Uncertainty remains for many SNAP recipients
The court wrangling prolonged weeks of uncertainty for the food program that serves about 1 in 8 Americans, mostly with lower incomes.
An individual can receive a monthly maximum food benefit of nearly $300 and a family of four up to nearly $1,000, although many receive less than that under a formula that takes into consideration their income. For many SNAP participants, it remains unclear exactly how much they will receive this month, and when they will receive it.
Jasmen Youngbey of Newark, N.J., waited in line Friday at a food pantry in the state’s largest city. As a single mom attending college, Youngbey said she relies on SNAP to help feed her 7-month-old and 4-year-old sons. But she said her account balance was at $0.
“Not everybody has cash to pull out and say, ‘OK, I’m going to go and get this,’ especially with the cost of food right now,” she said.
Tihinna Franklin, a school bus guard who was waiting in the same line outside the United Community Corp. food pantry, said her SNAP account balance was at 9 cents and she was down to three items in her freezer. She typically relies on the roughly $290 a month in SNAP benefits to help feed her grandchildren.
“If I don’t get it, I won’t be eating,” she said. “My money I get paid for, that goes to the bills, rent, electricity, personal items. That is not fair to us as mothers and caregivers.”
The legal battle over SNAP takes another twist
Because of the federal government shutdown, the Trump administration originally had said SNAP benefits would not be available in November. However, two judges ruled last week that the administration could not skip November’s benefits entirely because of the shutdown. One of those judges was U.S. District Judge John J. McConnell Jr., who ordered the full payments Thursday.
In both cases, the judges ordered the government to use one emergency reserve fund containing more than $4.6 billion to pay for SNAP for November but gave it leeway to tap other money to make the full payments, which cost between $8.5 billion and $9 billion each month.
On Monday, the administration said it would not use additional money, saying it was up to Congress to appropriate the funds for the program and that the other money was needed to shore up other child hunger programs.
Thursday’s federal court order rejected the Trump administration’s decision to cover only 65% of the maximum monthly benefit, a decision that could have left some recipients getting nothing for this month.
In its court filing Friday, Trump’s administration contended that Thursday’s directive to fund full SNAP benefits runs afoul of the U.S. Constitution.
“This unprecedented injunction makes a mockery of the separation of powers. Courts hold neither the power to appropriate nor the power to spend,” the U.S. Department of Justice wrote in its request to the court.
In response, attorneys for the cities and nonprofits challenging Trump’s administration said the government has plenty of available money and the court should “not allow them to further delay getting vital food assistance to individuals and families who need it now.”
States are taking different approaches to food aid
Some states said they stood ready to distribute SNAP money as quickly as possible.
The Michigan Department of Health and Human Services said it directed a vendor servicing its SNAP electronic benefit cards to issue full SNAP benefits soon after the federal funding is received.
Benefits are provided to individuals on different days of the month. Those who normally receive benefits on the third, fifth or seventh of the month should receive their full SNAP allotment within 48 hours of funds becoming available, the Michigan agency said, and others should receive their full benefits on their regularly scheduled dates.
Meanwhile, North Carolina’s Department of Health and Human Services said that partial SNAP benefits were distributed Friday, based on the Trump administration’s previous decision. Officials in Illinois and North Dakota also said they were distributing partial November payments, starting as soon as Friday for some recipients.
In Missouri, where officials had been working on partial distribution, the latest court jostling raised new questions. A spokesperson for the state Department of Social Services said Friday that it is awaiting further guidance about how to proceed from the U.S. Department of Agriculture, which administers SNAP.
Amid the federal uncertainty, Delaware’s Democratic Gov. Matt Meyer said the state used its own funds Friday to provide the first of could be a weekly relief payment to SNAP recipients.
On Thursday, Nebraska’s Republican Gov. Jim Pillen downplayed the effect of paused SNAP benefits on families in his state, saying, “Nobody’s going to go hungry.” The multimillionaire said food pantries, churches and other charitable services would fill the gap.
Lieb, Casey and Bauer write for the Associated Press. Lieb reported from Jefferson City, Mo., and Bauer from Madison, Wisc. AP writers Margery Beck in Omaha; Mike Catalini in Newark, N.J.; Jack Dura in Bismarck, N.D.; Mingson Lau in Claymont, Del.; John O’Connor, in Springfield, Ill.; and Gary D. Robertson in Raleigh, N.C., contributed to this report.
Source link