Two federal judges on Friday ordered the Trump administration to tap emergency funds to keep the Supplemental Nutrition Assistance Program (SNAP) running, just a day before the U.S. Department of Agriculture (USDA) warned that money for the program would dry up amid the ongoing government shutdown, the New York Post reported.
Judges in Boston and Providence ruled that while the USDA could decide whether to fund SNAP fully or partially for November, cutting off benefits entirely would be unlawful. SNAP, which serves about 42 million Americans, costs around $8 billion each month.
The ruling came after 25 Democratic-led states and the District of Columbia sued the USDA in Boston federal court, arguing that federal law mandates the continuation of food assistance to eligible households, even in the absence of new congressional funding.
The administration contended that the USDA’s $5 billion contingency fund could not be used for regular benefits and was intended for emergencies such as natural disasters. Agriculture Secretary Brooke Rollins said the fund could only be accessed if Congress had already approved underlying appropriations.
However, a since-deleted USDA “Lapse in Funding Plan” from September 30 showed that the department had previously considered using “multi-year contingency funds” to cover such shortfalls.
Boston U.S. District Judge Indira Talwani ruled that the USDA is “statutorily mandated” to use the contingency reserve to sustain SNAP benefits when necessary. She gave the agency until Monday to confirm whether it could provide full or partial benefits using emergency or other available funds.
In a separate ruling, Rhode Island U.S. District Judge John J. McConnell also directed the administration to use emergency funds to keep the program running and requested a progress update by Monday.
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