MD SNAP Payments Ordered During Government Shutdown, Courts Say

WASHINGTON, DC — Two federal judges on Friday ruled the Trump administration must use contingency funds to continue making SNAP payments to Marylanders and other recipients during the ongoing government shutdown, according to a report from The Associated Press.

The rulings came a day before the U.S. Department of Agriculture planned to freeze payments to the Supplemental Nutrition Assistance Program, the nation's biggest food aid program, claiming the agency could no longer keep funding it due to the shutdown.

The judges in Massachusetts and Rhode Island gave the administration leeway on whether to fund the program partially or in full for November.

The SNAP program serves about 1 in 8 Americans and is a major piece of the nation’s social safety net.

Earlier this week, Maryland also joined a group of 26 states in suing the Trump administration, claiming the USDA unlawfully suspended SNAP benefits during the ongoing government shutdown, a lawsuit that was the basis of the Massachusetts court ruling.

The federal government must tell the court by Monday, Nov. 3, whether it will authorize the benefits needed to ensure that 42 million Americans do not risk going hungry in November, Brown said.

“The Court agreed that USDA can’t lawfully cut off Marylanders’ SNAP benefits. As this case moves forward, we will continue to fight in court to force the federal government to fund SNAP benefits that families rely on to put food on the table," Brown said Friday. "The Marylanders who depend on SNAP include seniors on fixed incomes, parents working multiple jobs to make ends meet, and students so hungry that they can’t pay attention in school. Every Marylander deserves the dignity of knowing where their next meal will come from. We will not allow the Trump administration to take food from children's mouths when they have the money to feed them.”

Maryland Gov. Wes Moore declared a state of emergency earlier this week to commit $10 million in state aid to feeding SNAP recipients if the federal government didn't pay stakeholders.

“We have long said: the Trump Administration must follow the law, release contingency funding for SNAP, and lead Congressional Republicans in ending the federal government shutdown. For millions of Americans — including 680,000 Marylanders — SNAP is a lifeline," Moore said Friday. “We are encouraged by both Judge Talwani and Judge McConnell's rulings and call upon the U.S. Department of Agriculture to release emergency nutrition funds on Monday.”

On Friday, Baltimore County leaders pledged $4 million in food aid to offset a possible SNAP disruption.

RELATED:

• MD Among States Suing Trump Administration Over Suspended SNAP Benefits
• Baltimore County Pledges $4M To Food Resources Amid SNAP Disruption

More than 693,000 low-income Marylanders, including more than 270,000 children, were set to lose SNAP assistance in November after the USDA informed states that benefits would not be paid during the shutdown.

The administration said it wasn’t allowed to use a contingency fund with about $5 billion in it for the program, which reversed a USDA plan from before the shutdown that said money would be tapped to keep SNAP running. Democratic officials argued that not only could that money be used, but it must be. They also said a separate fund with around $23 billion is available for the cause.

In Providence, Rhode Island, U.S. District Judge John J. McConnell ruled from the bench in a case filed by cities and nonprofits that the program must be funded using at least the contingency funds, and he asked for an update on progress by Monday.

Along with ordering the federal government to use emergency reserves to backfill SNAP benefits, McConnell ruled that all previous work requirement waivers must continue to be honored. During the shutdown, the USDA terminated existing waivers that exempted work requirements for older adults, veterans and others.

There were similar elements in the Boston case, where U.S. District Judge Indira Talwani ruled in a written opinion that the USDA has to pay for SNAP, calling the suspension “unlawful.” She ordered the federal government to advise the court by Monday as to whether they will use the contingency funds to provide reduced SNAP benefits for November or fully fund the program “using both contingency funds and additional available funds.

The judges' rulings came a day after Gov. Wes Moore declared a state of emergency due to the "widespread economic disruption and damage to the welfare of Marylanders caused by the prolonged shutdown of federal government operations," he said.

• RELATED: MD Governor Declares State Of Emergency To Send $10M To Food Banks

In his executive order, Moore directed the state to send $10 million to Maryland food banks ahead of the lapse in SNAP benefits.

While the funds were not to supplement lost SNAP benefits, the order directed money for food banks to be taken from the state's fiscal responsibility fund and administered by the Maryland Department of Human Services.

Baltimore County officials on Friday also said they planned to direct $4 million to local food assistance and resources in an effort to help residents and federal workers affected by the federal government shutdown.

It remains unclear whether the state or Baltimore County plan to still direct funds to food assistance if November SNAP benefits are paid.

The Associated Press contributed reporting.