BOSTON (AP) — President Donald Trump ’s administration asked a federal appeals court Friday to block a judge’s order that it distribute November’s full monthly SNAP food benefits amid a U.S. government shutdown, even as at least some states said they were moving quickly to get the money to people.
The judge gave the Trump administration until Friday to make the payments through . But the administration asked the appeals court to suspend any court orders requiring it to spend more money than is available in a contingency fund, and instead allow it to continue with planned partial SNAP payments for the month.
The court filing came even as the U.S. Department of Agriculture said in a memo to states that it’s working to make funds available Friday for full monthly SNAP benefits.
California and Wisconsin said some SNAP recipients already received their full November payments overnight on Thursday.
“Food benefits are now beginning to flow back to California families,” Democratic Gov. said in a statement. A spokesperson for Democratic Gov. Tony Evers of Wisconsin also confirmed that full SNAP payments had gone through.
Uncertainty remains for many SNAP recipients
The court wrangling prolonged weeks of uncertainty for the food program that serves about 1 in 8 Americans, mostly with lower incomes.
An individual can receive a monthly maximum food benefit of nearly $300 and a family of four up to nearly $1,000, although many receive less than that under a formula that takes into consideration their income. For many SNAP participants, it remains unclear exactly how much they will receive this month, and when they will receive it.
Jasmen Youngbey of Newark, New Jersey, waited in line Friday at a food pantry in the state’s largest city. As a single mom attending college, Youngbey said she relies on SNAP to help feed her 7-month-old and 4-year-old sons. But she said her account balance was at $0.
“Not everybody has cash to pull out and say, ‘OK, I’m going to go and get this,’ especially with the cost of food right now. It’s now possible,” she said.
Tihinna Franklin, a school bus guard who was waiting in the same line outside the United Community Corporation food pantry, said her SNAP account balance was at 9 cents and she was down to three items in her freezer. She typically relies on the roughly $290 a month in SNAP benefits to help feed her grandchildren.
“If I don’t get it, I won’t be eating,” she said. “My money I get paid for, that goes to the bills, rent, electricity, personal items. That is not fair to us as mothers and caregivers.”
The legal battle over SNAP takes another twist
Because of the federal government shutdown, the Trump administration originally had said SNAP benefits would not be available in November. However, two judges ruled last week that the administration could not skip November’s benefits entirely because of the shutdown. One of those judges was U.S. District Judge John J. McConnell Jr., who ordered the full payments Thursday.
, the judges ordered the government to use one emergency reserve fund containing more than $4.6 billion to pay for SNAP for November but gave it leeway to tap other money to make the full payments, which cost between $8.5 billion and $9 billion each month.
On Monday, the administration said it , saying it was up to Congress to appropriate the funds for the program and that the other money was needed to shore up other child hunger programs.
Thursday’s federal court order rejected the Trump administration’s decision to cover only 65% of the maximum monthly benefit, a decision that could have left some recipients getting nothing for this month.
In its court filing Friday, Trump’s administration contended that Thursday’s directive to fund full SNAP benefits runs afoul of the U.S. Constitution.
“This unprecedented injunction makes a mockery of the separation of powers. Courts hold neither the power to appropriate nor the power to spend,” the U.S. Department of Justice wrote in its request to the court.
In response, attorneys for the challenging Trump's administration said the government has plenty of available money and the court should "not allow them to further delay getting vital food assistance to individuals and families who need it now.”
States are taking different approaches to food aid
Some states said they stood ready to distribute SNAP money as quickly as possible.
The Michigan Department of Health and Human Services said people who normally receive benefits early in each month should get their full SNAP allotment within 48 hours of funds becoming available, and others should receive their full benefits on their regularly scheduled dates.
Meanwhile, North Carolina’s Department of Health and Human Services said that partial SNAP benefits were distributed Friday, based on the Trump administration's previous decision. Officials in Illinois and North Dakota also said they were distributing partial November payments, starting as soon as Friday.
In Missouri, the Department of Social Services said Friday that it was awaiting further federal guidance. Meanwhile, St. Louis Mayor Cara Spencer urged people to donate to a newly created local fund for emergency food assistance
Amid the federal uncertainty, Delaware's Democratic Gov. Matt Meyer said the state used its own funds Friday to provide the first of could be a weekly relief payment to SNAP recipients.
Connecticut's Democratic Gov. Ned Lamont said Friday that he authorized about $72 million of surplus state funds to provide the equivalent of full SNAP benefits for November. People should get the money within four days.
“This herky-jerky back and forth is driving people crazy," Lamont said. “Let’s take care of people. We can afford to do it.”
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Lieb reported from Jefferson City, Missouri, and Bauer from Madison, Wisconsin. Associated Press writers Mike Catalini in Newark, New Jersey; Jack Dura in Bismarck, North Dakota; Susan Haigh in Norwich, Connecticut; Heather Hollingsworth in Mission, Kansas; Mingson Lau in Claymont, Delaware; John O'Connor, in Springfield, Illinois; and Gary D. Robertson in Raleigh, North Carolina, contributed to this report.
