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Federal judge orders Trump administration to fully fund SNAP benefits in November

A federal judge in Rhode Island ordered the Trump administration Thursday to find the money to fully fund SNAP benefits for November.

The ruling by U.S. District Judge John J. McConnell Jr. gave President Trump’s administration until Friday to make the payments through the Supplemental Nutrition Assistance Program, though it’s unlikely the 42 million Americans — about 1 in 8, most of them in poverty — will see the money on the debit cards they use for groceries nearly that quickly.

The order was in response to a challenge from cities and nonprofits complaining that the administration was only offering to cover 65% of the maximum benefit, a decision that would have left some recipients getting nothing for this month.

“The defendants failed to consider the practical consequences associated with this decision to only partially fund SNAP,” McConnell said in a ruling from the bench after a brief hearing. “They knew that there would be a long delay in paying partial SNAP payments and failed to consider the harms individuals who rely on those benefits would suffer.”

The White House did not immediately respond to a request for comment on Thursday.

McConnell was one of two judges who ruled last week that the administration could not skip November’s benefits entirely because of the federal shutdown.

The Trump administration chose partial payments this week

Last month, the administration said that it would halt SNAP payments for November if the government shutdown wasn’t resolved.

A coalition of cities and nonprofits sued in federal court in Rhode Island and Democratic state officials from across the country did so in Massachusetts.

The judges in both cases 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.

The partial funding brought on complications

McConnell harshly criticized the Trump administration for making that choice.

“Without SNAP funding for the month of November, 16 million children are immediately at risk of going hungry,” he said. “This should never happen in America. In fact, it’s likely that SNAP recipients are hungry as we sit here.”

Tyler Becker, the attorney for the government, unsuccessfully argued that the Trump administration had followed the court’s order in issuing the partial payments. “This all comes down to Congress not having appropriated funds because of the government shutdown,” he said.

Kristin Bateman, a lawyer for the coalition of cities and nonprofit organizations, told the judge the administration had other reasons for not fully funding the benefits.

“What defendants are really trying to do is to leverage people’s hunger to gain partisan political advantage in the shutdown fight,” Bateman told the court.

McConnell said last week’s order required that those payments be made “expeditiously” and “efficiently” — and by Wednesday — or a full payment would be required. “Nothing was done consistent with the court’s order to clear the way to expeditiously resolve it,” McConnell said.

There were other twists and turns this week

The administration said in a court filing on Monday that it could take weeks or even months for some states to make calculations and system changes to load the debit cards used in the SNAP program. At the time, it said it would fund 50% of the maximum benefits.

The next day, Trump appeared to threaten not to pay the benefits at all unless Democrats in Congress agreed to reopen the government. His press secretary later said that the partial benefits were being paid for November — and that it is future payments that are at risk if the shutdown continues.

And Wednesday night, it recalculated, telling states that there was enough money to pay for 65% of the maximum benefits.

Under a decades-old formula in federal regulations, everyone who received less than the maximum benefit would get a larger percentage reduction. Some families would have received nothing and some single people and two-person households could have gotten as little as $16.

Carmel Scaife, a former day care owner in Milwaukee who hasn’t been able to work since receiving multiple severe injuries in a car accident seven years ago, said she normally receives $130 a month from SNAP. She said that despite bargain hunting, that is not nearly enough for a month’s worth of groceries.

Scaife, 56, said that any cuts to her benefit will mean she will need to further tap her Social Security income for groceries. “That’ll take away from the bills that I pay,” she said. “But that’s the only way I can survive.”

This type of order is usually not subject to an appeal, but the Trump administration has challenged other rulings like it before.

An organization whose lawyers filed the challenge signaled it would continue the battle if needed.

“We shouldn’t have to force the President to care for his citizens,” Democracy Forward President and CEO Skye Perryman said in a statement, “but we will do whatever is necessary to protect people and communities.”

It often takes SNAP benefits a week or more to be loaded onto debit cards once states initiate the process.

Mulvihill and Casey write for the Associated Press. AP writers Sara Cline in Baton Rouge, La.; Susan Haigh in Hartford, Conn.; and Gary Robertson in Raleigh, N.C., contributed to this report.

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A federal judge in Tennessee warns Trump officials over statements about Kilmar Abrego Garcia

A federal judge in Tennessee on Monday warned of possible sanctions against top Trump administration officials if they continue to make inflammatory statements about Kilmar Abrego Garcia that could prejudice his coming trial.

U.S. District Judge Waverly Crenshaw filed an order late on Monday instructing local prosecutors in Nashville to provide a copy of his opinion to all Justice Department and Department of Homeland Security employees, including Atty. Gen. Pam Bondi and Homeland Security Secretary Kristi Noem.

“Government employees have made extrajudicial statements that are troubling, especially where many of them are exaggerated if not simply inaccurate,” Crenshaw writes.

He lists a number of examples of prohibited statements as outlined in the local rules for the U.S. District Court of Middle Tennessee. They include any statements about the “character, credibility, reputation, or criminal record of a party” and “any opinion as to the accused’s guilt or innocence.”

“DOJ and DHS employees who fail to comply with the requirement to refrain from making any statement that ‘will have a substantial likelihood of materially prejudicing’ this criminal prosecution may be subject to sanctions,” his order reads.

Earlier this year, Abrego Garcia’s mistaken deportation to El Salvador, where he was held in a notoriously brutal prison despite having no criminal record, helped galvanize opposition to President Trump’s immigration crackdown. Facing mounting public pressure and a court order, the Trump administration brought him back to the U.S. in June, but only after issuing an arrest warrant on human smuggling charges in Tennessee. Abrego Garcia has pleaded not guilty to those charges and asked Crenshaw to dismiss them.

Meanwhile, Trump administration officials have waged a relentless public relations campaign against Abrego Garcia, repeatedly referring to him as a member of the MS-13 gang and even implicating him in a murder. Crenshaw’s opinion cites statements from several top officials, including Bondi and Noem, as potentially damaging to Abrego Garcia’s right to a fair trial. He also admonishes Abrego Garcia’s defense attorneys for publicly disclosing details of plea agreement negotiations.

Abrego Garcia has an American wife and child and has lived in Maryland for years, but he immigrated to the U.S. illegally from El Salvador as a teenager. In 2019, an immigration judge granted him protection from being deported back to his home country, finding he had a well-founded fear of violence there from a gang that targeted his family.

Since his return to the U.S. in June, Immigration and Customs Enforcement has announced plans to deport him to a series of African countries, most recently Liberia.

Loller writes for the Associated Press.

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National Guard patrols begin in Memphis

National Guard troops were seen patrolling in Memphis for the first time on Friday, as part of President Trump’s federal task force, which faces multiple legal challenges.

At least nine National Guard troops began their patrol at the Bass Pro Shops located at the Pyramid, an iconic landmark in Memphis. They were being escorted by a Memphis police officer and posed for photos with visitors who were standing outside.

It was unclear how many Guard members were on the ground or were expected to arrive later.

During an NAACP Memphis forum on Wednesday, Memphis Police Chief Cerelyn “CJ” Davis said she hoped Guard personnel would help direct traffic and have a presence in “retail corridors,” but not be used to operate checkpoints or anything similar.

“From a public safety standpoint, we’re trying to utilize Guard personnel in non-enforcement types of capacities, so it does not feel like there is this over-militarization in our communities, in our neighborhoods, and that’s not where we’re directing those resources, either,” she said.

Memphis Mayor Paul Young, a Democrat, said he never requested that the Guard come to Memphis. But after Trump made the Sept. 15 announcement and Republican Gov. Bill Lee agreed, Young and other officials said they wanted the task force to focus on targeting violent offenders rather than use their presence to scare, harass or intimidate the general public.

For years, Memphis has dealt with high violent crime, including assaults, carjackings and homicides. While this year’s statistics show improvement in several categories, including murders, many acknowledge that violence remains a problem.

Federal officials say hundreds of arrests and more than 2,800 traffic citations have been made since the task force began operating in Memphis on Sept. 29. Arrest categories include active warrants, drugs, firearms and sex offenses, according to the U.S. Marshals Service. Four arrests have been made on homicide charges, the Marshals Service said.

Friday’s development comes day after a federal judge in Illinois blocked the deployment of troops in the Chicago area for at least two weeks.

The on-again, off-again deployments stem from a political and legal battle over President Donald Trump’s push to send the National Guard to several U.S. cities. His administration claims crime is rampant in those cities, despite statistics not always backing that up.

If a president invokes the Insurrection Act, they can dispatch active duty military in states that fail to put down an insurrection or defy federal law, but the judge in Chicago said Thursday she found no substantial evidence that a “danger of rebellion” is brewing in Illinois during Trump’s immigration crackdown.

The ruling offered a victory for Democratic officials who lead the state and city.

“The court confirmed what we all know: There is no credible evidence of a rebellion in the state of Illinois. And no place for the National Guard in the streets of American cities like Chicago,” Gov. JB Pritzker said.

The order in Illinois is set to expire Oct. 23 at 11:59 p.m. U.S. District Judge April Perry set an Oct. 22 hearing to determine if it should be extended for another 14 days.

In her ruling, she said the administration violated the 10th Amendment, which grants certain powers to states, and the 14th Amendment, which assures due process and equal protection.

It wasn’t clear what the 500 Guard members from Texas and Illinois would do next. They were mostly stationed at a U.S. Army Reserve Center in Elwood, southwest of Chicago. A small number on Thursday were outside a U.S. Immigration and Customs Enforcement building in Broadview, which for weeks has been home to occasional clashes between protesters and federal agents.

Officials at U.S. Northern Command directed questions to the Department of Defense, which cited its policy of not commenting on ongoing litigation. The troops are under the U.S. Northern Command and had been activated for 60 days.

U.S. Justice Department lawyer Eric Hamilton said Thursday that the Guard’s mission would be to protect federal properties and government law enforcers in the field, not “solving all of crime in Chicago.”

The city and state have called the deployments unnecessary and illegal.

Deployment in Portland remains on hold

A federal appeals court heard arguments on Thursday over whether Trump had the authority to take control of 200 Oregon National Guard troops. The president had planned to deploy them in Portland, where there have been mostly small nightly protests outside an ICE building.

A judge last Sunday granted a temporary restraining order blocking the move. Trump had mobilized California troops for Portland just hours after the judge first blocked him from using Oregon’s Guard.

Two dozen other states with a Democratic attorney general or governor signed a court filing in support of the legal challenge by California and Oregon. Twenty others, led by Iowa, backed the Trump administration.

The president previously sent troops to Los Angeles and Washington.

In a California case, a judge in September said the deployment was illegal. By that point, just 300 of the thousands of troops sent there remained and the judge did not order them to leave.

Sainz writes for the Associated Press. AP writers Ed White in Detroit, Geoff Mulvihill in Philadelphia, Adrian Sainz in Memphis, Tenn., and Konstantin Toropin in Washington contributed to this report.

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