The Trump administration must continue food aid for approximately 42 million low-income Americans during the ongoing U.S. government shutdown, which has been in effect since October 1. Federal judges have intervened, most recently ruling that the administration may not reduce support for the Supplemental Nutrition Assistance Program (SNAP). This decision is welcome as the administration works to navigate the treacherous waters of a government shutdown and its impact on food assistance.
The SNAP program is fully federally funded but that’s currently unfunded, given the ongoing government shutdown. Dozens of U.S. states are now in litigation with the administration over their plans to suspend these vital expansionist benefits. They’re calling on the government to use a $6 billion emergency contingency fund for SNAP, as we reported last month. This new fund is intended to provide essential flexibility in times of urgent need, such as during natural disasters. Its use, however, has now become front and center in the ongoing courtroom drama.
Judge Indira Talwani of Massachusetts made short work of these issues in her decision. She said that the Trump administration “mistake[d] in making the determination” that the U.S. Department of Agriculture (USDA) was not allowed to use the emergency reserves included within the contingency fund because of the federal funding lapse. She ordered that the administration must tap into these funds to ensure continued benefits for low-income families relying on SNAP.
“Congress intended the funding of Snap benefits, at a reduced rate if necessary, when appropriated funds prove insufficient.” – Massachusetts US District Judge Indira Talwani
The court has instructed the Trump administration to provide an update by Monday regarding whether it will authorize at least partial SNAP benefits for November. Once again, this was all spurred on by a recent ruling from Federal Judge John J. McConnell Jr. in Rhode Island. He ordered that the administration should restore complete SNAP payments by November 3. He stressed that both the $10 billion contingency fund and the additional $23 billion fund were initialized through amendments to the Agricultural Adjustment Act of 1935. We are using these funds to supplement these payments.
Even with these rulings, using the contingency fund at best reaches only 60% of beneficiaries in any month. For example, a family of four usually gets an average of $715 a month. This comes out to just shy of $6 per person per day—which goes to show how essential these benefits are for many families’ tables.
In a statement, Agriculture Secretary Brooke Rollins noted that she wouldn’t touch the contingency fund unless there was a real emergency. This naturally covers events such as natural disasters. Most recently, President Trump ordered government attorneys to pursue legal pathways to use non-defense funding for SNAP. Perhaps most importantly, he is doing something — anything — during this difficult time.
“If we are given the appropriate legal direction by the Court, it will BE MY HONOR to provide the funding.” – Trump
Trump understands there’s a desperate need for court clarity. He again preempts any wishful optimism by asserting that any solution will likely be postponed indefinitely.
“Even if we get immediate guidance, it will unfortunately be delayed.” – Trump
The National Parents Union criticized the situation as “a moral disgrace and a direct assault on America’s working families,” highlighting the urgency of addressing food insecurity during the shutdown. Treasury Secretary Scott Bessent reinforced the necessity of following proper procedures, stating, “There’s a process that has to be followed, so we have got to figure out what the process is.”