snap benefit

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.”

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.”

The next legal step is unclear

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.

Two federal judges told the U.S. Department of Agriculture in separate rulings Friday that it must begin using billions of dollars in contingency funding to provide federal food assistance to poor American families despite the federal shutdown, but gave the agency until Monday to decide how to do so.

Both Obama-appointed judges rejected Trump administration arguments that more than $5 billion in USDA contingency funds could not legally be tapped to continue Supplemental Nutrition Assistance Program benefits for nearly 42 million Americans while the federal government remains closed. But both also left unclear how exactly the relief should be provided, or when it will arrive for millions of families set to lose benefits starting Saturday.

The two rulings came almost simultaneously Friday.

In Massachusetts, U.S. District Judge Indira Talwani stopped short of granting California and a coalition of 24 other Democrat-led states a temporary restraining order they had requested. But she ruled that the states were likely to succeed in their arguments that the USDA’s total shutoff of SNAP benefits — despite having billions in emergency contingency funds on hand — was unlawful.

Talwani gave USDA until Monday to tell her whether they would authorize “only reduced SNAP benefits” using the contingency funding — which would not cover the total $8.5 billion to $9 billion needed for all November benefits, according to the USDA — or would authorize “full SNAP benefits using both the Contingency Funds and additional available funds.”

Separately, in Rhode Island, U.S. District Judge John McConnell granted a temporary restraining order requested by nonprofit organizations, ruling from the bench that SNAP must be funded with at least the contingency funds, and requesting an update on progress by Monday.

The White House referred questions about the ruling to the Office of Management and Budget, which did not immediately respond to a request for comment. It was not immediately clear if the administration would appeal the rulings.

The Massachusetts order was a win for California and the other Democrat-led states, which sued over the interruption to SNAP benefits — which were previously known as food stamps — as Republicans and Democrats continue to squabble over reopening the government in Washington.

However, it will not mean that all of the nation’s SNAP recipients — including 5.5 million Californians — will be spared a lapse in their food aid, state officials stressed, as state and local food banks continued scrambling to prepare for a deluge of need starting Saturday.

Asked Thursday if a ruling in the states’ favor would mean SNAP funds would be immediately loaded onto CalFresh and other benefits cards, California Atty. Gen. Rob Bonta — whose office helped bring the states’ lawsuit — said “the answer is no, unfortunately.”

“Our best estimates are that [SNAP benefit] cards could be loaded and used in about a week,” he said, calling that lag “problematic.”

“There could be about a week where people are hungry and need food,” he said. For new applicants to the program, he said, it could take even longer.

The rulings came as the now monthlong shutdown continued Friday with no immediate end in sight. The Senate adjourned Thursday with no plans to meet again until Monday.

It also came after President Trump called Thursday for the Senate to end the shutdown by first ending the filibuster, a longstanding rule that requires 60 votes to overcome objections to legislation. The rule has traditionally been favored by lawmakers as a means of blocking particularly partisan measures, and is currently being used by Democrats to resist the will of the current 53-seat Republican majority.

“It is now time for the Republicans to play their ‘TRUMP CARD,’ and go for what is called the Nuclear Option — Get rid of the Filibuster, and get rid of it, NOW!” Trump wrote on his Truth Social platform.

Los Angeles Regional Food Bank Chief Executive Michael Flood, standing alongside Bonta as members of the California National Guard worked behind them stuffing food boxes, said his organization was preparing for massive lines come Saturday, the first of the month.

He said he expected long lines of families in need of food appearing outside food distribution locations throughout the region, just as they did during the height of the COVID-19 pandemic.

“This is a disaster type of situation for us here in Los Angeles County, throughout the state of California and throughout the country,” Flood said.

“5.5 million Californians, 1.5 million children and adults in L.A. County alone, will be left high and dry — illegally so, unnecessarily so, in a way that is morally bankrupt,” Bonta said.

Bonta blamed the shutdown on Trump and his administration, and said the USDA has billions of dollars in contingency funds designed to ensure SNAP benefits continue during emergencies and broke the law by not tapping those funds in the current situation.

Bonta said SNAP benefits have never been disrupted during previous federal government shutdowns, and should never have been disrupted during this shutdown, either.

“That was avoidable,” he said. “Trump created this problem.”

The Trump administration has blamed the shutdown and the looming disruption to SNAP benefits entirely on Democrats in Congress, who have blocked short-term spending measures to restart the government and fund SNAP. Democrats are holding out to pressure Republicans into rescinding massive cuts to subsidies that help millions of Americans afford health insurance.

Abigail Jackson, a White House spokesperson, previously told The Times that Democrats should be the ones getting asked “when the shutdown will end,” because “they are the ones who have decided to shut down the government so they can use working Americans and SNAP benefits as ‘leverage’ to pursue their radical left wing agenda.”

“Americans are suffering because of Democrats,” Jackson said.

In their opposition to the states’ request for a temporary restraining order requiring the disbursement of funds, attorneys for the USDA argued that using emergency funds to cover November SNAP benefits would deplete funds meant to provide “critical support in the event of natural disasters and other uncontrollable catastrophes,” and could actually cause more disruption to benefits down the line.

They wrote that SNAP requires between $8.5 billion and $9 billion each month, and the USDA’s contingency fund has only about $5.25 billion, meaning it could not fully fund November benefits even if it did release contingency funding. Meanwhile, “a partial payment has never been made — and for good reason,” because it would force every state to recalculate benefits for recipients and then recalibrate their systems to provide the new amounts, they wrote.

That “would take weeks, if it can be done at all,” and would then have to be undone in order to issue December benefits at normal levels, assuming the shutdown would have lifted by then, they wrote. “The disruption this would entail, with each State required to repeatedly reprogram its systems, would lead to chaos and uncertainty for the following months, even after a lapse concludes,” they wrote.

Simply pausing the benefits to immediately be reissued whenever the shutdown ends is the smarter and less disruptive course of action, they argued.

During a Thursday hearing in the states’ case, Talwani had suggested that existing rules required action by the government to prevent the sort of suffering that a total disruption to food assistance would cause, regardless of whatever political showdown is occurring between the parties in Washington.

“If you don’t have money, you tighten your belt,” she said in court. “You are not going to make everyone drop dead because it’s a political game someplace.”

In addition to suing the administration, California and its leaders have been rushing to ensure that hungry families have something to eat in coming days. Gov. Gavin Newsom directed $80 million to food banks to stock up on provisions, and activated the National Guard to help package food for those who need it.

Counties have also been working to offset the need, including by directing additional funding to food banks and other resource centers and asking partners in the private sector to assist.

Dozens of organizations in California have written to Newsom calling on him to use state funds to fully cover the missing federal benefits, in order to prevent “a crisis of unthinkable magnitude,” but Newsom has suggested that is not possible given the scale of funding withheld.

According to the USDA, about 41.7 million Americans were served through SNAP per month in fiscal 2024, at an annual cost of nearly $100 billion. Of the 5.5 million Californian recipients, children and older people account for more than 63%.

This article includes reporting by the Associated Press.

Gov. Gavin Newsom issued a stark warning Monday that food assistance benefits for millions of low-income Californians could be delayed starting Nov. 1 if the ongoing federal shutdown does not end by Thursday.

The benefits, issued under the Supplemental Nutrition Assistance Program, or SNAP, and formerly called food stamps, include federally funded benefits loaded onto CalFresh cards. They support some 5.5 million Californians.

Newsom blamed the potential SNAP disruption — and the shutdown more broadly — on President Trump and slammed the timing of the potential cutoff just as the Thanksgiving holiday approaches.

“Trump’s failure to open the federal government is now endangering people’s lives and making basic needs like food more expensive — just as the holidays arrive,” Newsom said. “It is long past time for Republicans in Congress to grow a spine, stand up to Trump, and deliver for the American people.”

The White House responded by blaming the shutdown on Democrats, as it has done before.

Abigail Jackson, a White House spokeswoman, said the “Democrats’ decision to shut down the government is hurting Americans across the country,” and that Democrats “can choose to reopen the government at any point” by voting for a continuing resolution to fund the government as budget negotiations continue, which she said they repeatedly did during the Biden administration.

“Newscum should urge his Democrat pals to stop hurting the American people,” Jackson said, using a favorite Trump insult for Newsom. “The Trump Administration is working day and night to mitigate the pain Democrats are causing, and even that is upsetting the Left, with many Democrats criticizing the President’s effort to pay the troops and fund food assistance for women and children.”

Congressional Republicans also have blamed the shutdown and resulting interruptions to federal programs on Democrats, who are refusing to vote for a Republican-backed funding measure based in large part on Republican decisions to eliminate subsidies for healthcare plans relied on by millions of Americans.

Newsom’s warning about SNAP benefits followed similar alerts from other states on both sides of the political aisle, after the U.S. Department of Agriculture warned state agencies in an Oct. 10 letter that the shutdown may interrupt funding for the benefits.

States have to take action to issue November benefits before the month ends, so the shutdown would have to end sooner than Nov. 1 for the benefits to be available in time.

Newsom’s office said Californians could see their benefits interrupted or delayed if the shutdown is not ended by Thursday. The Texas Health and Human Services Department warned that SNAP benefits for November “won’t be issued if the federal government shutdown continues past Oct. 27.”

Newsom’s office said a cutoff of funds would affect federally funded CalFresh benefits, but also some other state-funded benefits. More than 63% of SNAP recipients in California are children or elderly people, Newsom’s office said.

In her own statement, First Partner of California Jennifer Siebel Newsom said, “Government should be measured by how we protect people’s lives, their health, and their well-being. Parents and caregivers should not be forced to choose between buying groceries or paying bills.”

States were already gearing up for other changes to SNAP eligibility based on the Republican-passed “Big Beautiful Bill,” which set new limits on SNAP benefits, including for nonworking adults. Republicans have argued that such restrictions will encourage more able-bodied adults to get back into the workforce to support their families themselves.

Many Democrats and advocacy organizations that work to protect low-income families and children have argued that restricting SNAP benefits has a disproportionately large effect on some of the most vulnerable people in the country, including poor children.

According to the USDA, about 41.7 million Americans were served by SNAP benefits per month in fiscal 2024, at an annual cost of nearly $100 billion. The USDA has some contingency funding it can utilize to continue benefits in the short term, but does not have enough to cover all monthly benefits, advocates said.

Andrew Cheyne, managing director of public policy at the advocacy group End Child Poverty California, urged the USDA to utilize its contingency funding and any other funding stream possible to prevent a disruption to SNAP benefits, which he said would be “disastrous.”

“CalFresh is a lifeline for 5.5 million Californians who rely on the program to eat. That includes 2 million children. It is unconscionable that we are only days away from children and families not knowing where their next meal is going to come from,” Cheyne said.

He said the science is clear that “even a brief period of food insecurity has long-term consequences for children’s growth and development.”

Ted Lempert, president of Children Now, said a disruption would be “horrific.”

“We speak out for the needs of kids and families, and kids need food — basic support to live and function and go to school,” he said. “So this could be really devastating.”

Times staff writer Jenny Gold contributed to this report.