NJ Sues Trump Administration Over Halt To SNAP Benefits

TRENTON, NJ — New Jersey has joined a coalition of 26 states in suing the Trump administration over the suspension of funding to the SNAP program during the ongoing federal government shutdown.

The Supplemental Nutrition Assistance Program helps more than 40 million Americans buy food.

The lawsuit, filed in U.S. District court in Massachusetts against the U.S. Department of Agriculture and Secretary of Agriculture Brooke Rollins, calls the suspension of funding for the program unlawful and seeks a temporary restraining order forcing the USDA to fund the program immediately.

The lawsuit also names the federal Office of Management and Budget and OMB Director Russell Vought.

The USDA notified states on Oct. 10 and then followed up on Oct. 24 confirming it would suspend SNAP payments beginning Nov. 1 because of the ongoing government shutdown.

The lawsuit was filed by a bipartisan group of states, with attorneys general in Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, Wisconsin, and the District of Columbia and the governors of Kansas, Kentucky, and Pennsylvania.

There were 812,966 people receiving SNAP benefits in New Jersey as of August,representing 436,452 households; 340,425 children, and 176,706 elderly individuals, according to the lawsuit.

"NJ SNAP plays a critical role, through federal funding, to support NJ families in need of food assistance," the lawsuit says.

The lawsuit says the USDA has the ability to fund SNAP benefits through a $6 billion contingency fund that Congress set up for emergency situations. On Oct. 2, OMB used $750 million from a $3 billion appropriation to the contingency fund to pay for October's SNAP benefits, the lawsuit says.

The USDA has contended the contingency funds are not for use in the case of government shutdowns, but the lawsuit says "In January 2018, another USDA shutdown contingency plan reported that 'USDA and OMB [had] jointly determined that there [was] Congressional intent that ... [SNAP] ... shall continue operations during a lapse in appropriations.' USDA and OMB both agreed that USDA’s '[b]udget authority' to continue SNAP operations included 'contingency reserves.' "

"USDA’s claim that the SNAP contingency funds cannot be used to fund SNAP benefits during an appropriation lapse is contrary to the plain text of the congressional appropriations law, which states that the reserves are for use 'in such amounts and at such times as may become necessary to carry out program operations,' " the lawsuit says.

The USDA has funded other programs with emergency funds during the government shutdown, authorities said, but is refusing to fund SNAP, "leaving millions of Americans without the assistance they need to buy food. It is clear the federal government is making a deliberate, illegal, and inhumane choice not to fund the crucial SNAP program," Platkin's office said in announcing the lawsuit.

"New Jersey families are being used as political pawns by the Trump Administration, which is illegally suspending SNAP and the critical assistance it provides to residents who are struggling with food insecurity," Platkin said. "This is especially devastating in the month of November, when families are gathering and demands on food banks and pantries are heaviest. We are standing up for families across our state and fighting to ensure that they continue to have access to food for their households. Our coalition is suing the Administration to stop this clear attempt at subverting the authority of Congress and the extreme harms that it would cause in New Jersey."

The coalition of states said the federal lapse will have "dire consequences for the health and well-being of millions across the country," as well as put a significant strain on state and local governments and community organizations, including emergency services and food pantries.

Food pantries already have been stretched thin by the growing need for assistance, authorities have said.

The SNAP shutdown "will affect our school systems and college and university communities, where food insecurity will stand in the way of educating our students," officials said.

The suspension of SNAP benefits also will have an economic impact throughout the country, authorities said.

"Suspending SNAP benefits will also harm the hundreds of thousands of grocers and merchants that accept SNAP payment for food purchases across the country. USDA has estimated that in a slowing economy, every $1 in SNAP benefits generates $1.54 in economic activity," authorities said.

"In sum, it is well-understood that, as the Government Accountability Office explained earlier this year, 'SNAP is considered an appropriated entitlement, meaning that the government is legally required to make payments to those who meet the program requirements,' " the lawsuit says.

Officials called the suspension j"both contrary to law and arbitrary and capricious under the Administrative Procedure Act."

"Where Congress has clearly spoken, providing that SNAP benefits should continue even during a government shutdown, USDA does not have the authority to say otherwise," authorities said.