A U.S. judge ordered Trump administration officials to fully cover the cost of food relief program benefits for more than 42 million eligible Americans this month, rejecting the administration’s plan to partially fund the program during the government shutdown.
U.S. District Judge John McConnell’s order, issued Thursday, directs the U.S. Department of Agriculture to use alternative reserve funds to send states between $8.5 billion and $9 billion needed this month for the Supplemental Nutrition Assistance Program (SNAP) as the budget impasse in Congress continues.
The administration previously committed to covering 65% of benefits this month after losing an earlier ruling in court, warning that the recalculation process would likely cause delays of weeks or even months.
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McConnell said the administration must make all funds available to states by Friday. He found that those responsible did not comply with his previous order and that the “irreparable damage” continued “by the minute”.
“The evidence shows that people will go hungry,” the judge said.
McConnell rejected arguments from a Justice Department lawyer, who said the administration did everything it could to comply with the order by making partial funding available to states earlier in the week. The government could not control the speed at which states recalculated the amounts families were entitled to and processed revised benefits, the lawyer said.
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The judge said his original order was clear that the administration could opt for partial funding only if it could guarantee the money would reach SNAP beneficiaries this week. Otherwise, those responsible should make full payment immediately to avoid any administrative burden — even if the delays are caused by state issues.
“They’ve already been too hungry”
“People have gone without pay for too long,” McConnell said. “Not making payments for even one more day is simply unacceptable.”
McConnell, who serves in Rhode Island, had previously ruled that suspending SNAP during the government shutdown is likely illegal. He ordered the Department of Agriculture to use at least a contingency fund to pay November benefits — and to do so quickly — or consider using other available reserves to avoid a shortfall, notably a child nutrition program fund that is financed by U.S. customs duties.
The administration had informed McConnell in a previous document that the contingency fund had enough money to cover just 50% of November’s benefits. On the eve of Thursday’s hearing, however, government lawyers warned the judge that the fund could finance about 65%, explaining that the Department of Agriculture made “additional calculations” and quickly notified states after realizing the “error.”
The coalition of nonprofits, churches and cities that sued in Rhode Island accused the administration of failing to comply with McConnell’s Oct. 31 temporary restraining order. They alleged that officials made an “arbitrary and capricious” decision not to use nutrition program funds to fully cover November benefits and to delay releasing the money to states for as long as possible.
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School meals
The Justice Department argued that the administration “reasonably” decided not to transfer money from the child nutrition fund to cover the difference in SNAP benefits in November. The government said there were “calamitous concerns” that this measure could “empty” a reserve used to pay for school meals, among other things.
During Thursday’s hearing, an attorney for the groups that sued said the administration’s justification for not using the child nutrition fund now was implausible, as such a move would only affect funding for these programs if the government shutdown lasts until next summer.
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McConnell agreed with the plaintiffs, saying the government’s justification for not moving money from the alternative reserve was “incredible” and not supported by the evidence.
The administration faces at least three lawsuits related to the SNAP suspension. A federal judge in Massachusetts has indicated she is likely to rule against the government in a case brought by Democratic officials from more than two dozen states and the District of Columbia, but has not yet formally ordered the government to take action.
A proposed class action lawsuit on behalf of people who rely on the food assistance program was filed earlier this week in a California federal court.
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