Two federal judges ruled Friday that the Trump administration must fund the Supplemental Nutrition Assistance Program, the nation’s largest food aid program, for November — just one day before the food stamp program was set to expire.
Judge Indira Talwani of the U.S. District Court for the District of Massachusetts issued an order saying the administration has until Monday to indicate whether it will partially or fully fund November’s benefits. Also Friday, a federal judge in Rhode Island ruled in a separate lawsuit that the Trump administration must pay for SNAP benefits as soon as possible using its emergency funds.
Late Friday, President Donald Trump suggested on social media that the government would comply with the court rulings, but said he needed “appropriate legal direction by the Court” and made clear benefits wouldn’t be coming quickly.
“Even if we get immediate guidance, it will unfortunately be delayed while States get the money out,” Trump said on social media.
The U.S. Department of Agriculture, which funds the SNAP program, had told recipients and state agencies that administer the program it wouldn’t have enough money to pay for the program in November if the government shutdown continues.
But a coalition of Democrat-led states, including Illinois, sued the Trump administration earlier this week to force the use of contingency funding to pay for SNAP during the shutdown.
Illinois Attorney General Kwame Raoul celebrated Friday’s rulings. “Today’s order acknowledges, once again, that the rule of law and separation of powers still matter,” he said in a statement.
The attorneys general and governors argued that the federal government has access to $3 billion in SNAP contingency reserve funds to use when “necessary to carry out program operations.” The USDA used the emergency funding to pay for SNAP during the last government shutdown in 2019.
However, Trump administration officials told the court that using the emergency funding in this manner, without a clear directive from Congress, is unlawful.
The administration also suggested recipients will receive a smaller payment than usual in November.
When SNAP benefits are reinstated as a result of Friday’s rulings, they will also be delayed by the logistics of loading the funds onto the prepaid cards people use to buy groceries, typically at the start of each month, said Elaine Waxman, a Chicago-based senior fellow at the Urban Institute.
“If you have very limited resources… every day matters,” Waxman said.
The Trump administration could still pursue an appeal. That could further prolong uncertainty about the distribution of SNAP benefits.
Natasha McClendon, a Chicago Public Schools substitute teacher assistant from Englewood and a SNAP recipient, said she is worried about the timeline for aid distribution.
“There’s still not a definitive date for when I will get my benefits,” McClendon said on Friday. “My concern is: do the lawsuits solve the problem immediately, or do we have to play the waiting game?”
With Thanksgiving approaching, McClendon said she is still looking for ways to prepare without the roughly $1,100 her family receives each month from SNAP.
She’s also concerned about a potential appeal by the Trump administration or if it otherwise moves against Friday’s orders.
“The longer the shutdown goes, the more problem it’s gonna cause,” McClendon said.
The White House referred questions to its Office of Management and Budget, which could not be reached for comment.
In her Friday order, Talwani said the states “are likely to succeed on their claim that [the Trump administration’s] suspension of SNAP benefits is unlawful.”
She said the administration was wrong to suggest that the USDA is prohibited by law from using the contingency funding to pay for SNAP during a shutdown. The administration may also tap other funding for the program.
Roughly 2 million Illinoisans receive SNAP benefits, and the USDA funnels $350 million each month to the state.
“Our understanding is that the ruling does not immediately change anything,” a spokesperson for the Greater Chicago Food Depository told the Sun-Times. “Our response to this crisis will not change until full benefits are restored.”
Following the initital announcement that benefits may not go out, SNAP recipients told the Sun-Times that they are scrambling to find help, and food banks and pantries said they are trying to boost capacity but can’t meet the need.
Gov. JB Pritzker on Thursday signed an executive order directing $20 million to support food banks. Several other states, including California, North Dakota and Missouri, will similarly use state money to fill the gap.
Contributing: Jon Seidel, AP