Judges Order SNAP Benefits Must Continue: What It Means For VA

WASHINGTON, DC — Two federal judges on Friday ruled the Trump administration must use contingency funds to continue making SNAP payments to Virginians 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 judges' rulings came three days after Virginia Gov. Glenn Youngkin said state funds would be used to provide direct assistance to recipients of Supplemental Nutrition Assistance Program benefits amid the ongoing shutdown.

Youngkin's office said the Virginia Emergency Nutrition Assistance (VENA) initiative was established through a state of emergency declaration in response to the shutdown and would pay current SNAP recipients a weekly emergency food assistance payment to offset lost benefits.

In addition, Youngkin said an additional $1 million in state funds would be provided to Virginia food banks in order to offset any temporary disruption as VENA benefits are rolled out.

It remains unclear if the state plans to still direct funds to food assistance if November SNAP benefits are paid.

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

Earlier this week, 26 states sued the Trump administration, claiming the USDA unlawfully suspended SNAP benefits during the ongoing government shutdown. Virginia did not join the lawsuit.

An analysis of USDA Food and Nutrition Service data by the non-partisan research group Center on Budget and Policy Priorities shows that 827,800 Virginia residents receive SNAP assistance.

• RELATED: VA SNAP Benefits Won't Go Out In November, Officials Confirm

After the USDA informed states that benefits would not be paid during the shutdown, the Trump administration said it wasn’t allowed to use a contingency fund with about $5 billion in it for the program, which reversed a 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.

• RELATED: Virginia To Tap State Funds To Assist SNAP Recipients

The Associated Press contributed reporting.