As the government shutdown stretches into its sixth week, the Trump administration announced Monday that it will provide partial food stamp benefits this month to more than 40 million Americans enrolled in the Supplemental Nutrition Assistance Program (SNAP), after two federal judges ordered the government to spend down emergency funds before reducing payments.
The administration told a federal judge that it will use roughly $5.25 billion from an emergency reserve to fund November benefits but will not redirect money from other child nutrition programs to make up the shortfall, calling such a move “an unacceptable risk.” Full SNAP benefits for the month are estimated to cost more than $9 billion.
“Section 32 Child Nutrition Program funds are not a contingency fund for SNAP,” wrote Patrick Penn, the USDA official overseeing the food assistance program, in a sworn declaration Monday. “Using billions of dollars from Child Nutrition for SNAP would leave an unprecedented gap in Child Nutrition funding that Congress has never had to fill with annual appropriations, and USDA cannot predict what Congress will do under these circumstances.”
Administration officials said states will be notified of the reduced benefit levels so they can begin recalculating payments. But Penn warned that “for at least some states, the system changes… will take anywhere from a few weeks to up to several months,” meaning many households could face delays before November payments are processed.
The SNAP funding fight has become one of the most visible flashpoints of the ongoing shutdown, which has persisted amid a standoff between the White House and congressional Democrats. Trump officials have framed their actions as a matter of fiscal prudence and adherence to the law, arguing that the emergency fund was designed for natural disasters, not to backfill spending lapses caused by political gridlock.
“The emergency reserve exists to address unforeseen disasters like hurricanes and earthquakes,” the administration told the court. “It was never intended to offset appropriations shortfalls resulting from a shutdown.”
Democratic officials and left-leaning advocacy groups have accused the administration of using the impasse to advance spending cuts they have long opposed. Several Democratic-led states and nonprofit organizations filed suit last week to compel the government to maintain full benefits.
Skye Perryman, president of the Democracy Forward Foundation—one of the plaintiffs and a frequent litigator against Trump policies—said her group is considering “all legal options” to force the administration to release additional funding. “It shouldn’t take a court order to force our President to provide essential nutrition that Congress has made clear needs to be provided,” Perryman said. “But since that is what it takes, we will continue to use the courts to protect the rights of people.”
Two federal judges, John McConnell and Indira Talwani—both appointed by President Obama—rejected the administration’s argument on Friday, ruling that the USDA must exhaust the emergency fund before reducing benefits. McConnell ordered an update by midday Monday; the administration is expected to provide Talwani with a similar report later in the day.
While the court orders may provide temporary relief, officials acknowledged the funding gap remains severe. Trump aides have said the administration is prioritizing the long-term stability of nutrition programs and the fiscal integrity of taxpayer dollars, signaling that without congressional action, SNAP recipients should expect reduced payments until the shutdown is resolved.
[READ MORE: Trump Signals Willingness to Fund SNAP Amid Legal Confusion Over Emergency Funds]
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