A sign in a convenience store along Barlowe Road in Hyattsville, Maryland, on Oct. 28, 2025, advertises that it accepts SNAP benefits. (Photo by Ashley Murray/States Newsroom)

This report has been updated.

A federal judge in Rhode Island ordered the Trump administration Thursday to pay roughly $9 billion for a full month of nutrition assistance benefits by the next day.

Chief Judge John J. McConnell Jr., who was appointed by Democratic former President Barack Obama, said the administration blew its chance to choose to pay only partial benefits for the Supplemental Nutrition Assistance Program, or SNAP, when it failed to release funds by a Wednesday deadline.

He said a social media post by President Donald Trump showed the president sought to use hunger for political leverage during the government shutdown, which stretched into day 37 on Thursday.

Earlier, in a Friday oral order that he expanded in a Saturday written order, McConnell had said the government must either pay full benefits by Monday or partial benefits from a contingency fund by Wednesday. 

The government did neither, he said Thursday.

The administration had argued it was impossible to pay the benefits, which go to 42 million Americans, within a few days, saying that the USDA had never calculated partial benefits and that coordinating new payments for SNAP, a federally funded program administered by the states, was difficult. 

The administration quickly appealed the ruling to the 1st Circuit U.S. Court of Appeals.

“Today is a major victory for 42 million people in America. The court could not be more clear – the Trump-Vance administration must stop playing politics with people’s lives by delaying SNAP payments they are obligated to issue,” said Skye Perryman, President and CEO of Democracy Forward, co-counsel for the coalition challenging the administration.

‘USDA cannot now cry’

But McConnell said the department created the problem, in part by failing to prepare for it far earlier. USDA was obligated to spend from a contingency fund to ensure SNAP benefits flowed into November uninterrupted, he said. 

“USDA did not do so,” he said. “Even when Nov. 1 came, USDA refused to use the congressionally mandated contingency funds. USDA cannot now cry that it cannot get timely payments to beneficiaries for weeks or months because states are not prepared to make partial payments.

“USDA arbitrarily and capriciously created this problem by ignoring the congressionally mandated contingency funds and failing to timely notify the states.”

McConnell also pointed to Trump’s post on Truth Social on Tuesday that indicated he would not authorize payments consistent with the judge’s order until Democrats agreed to his terms to end the government shutdown.

“The day before the compliance was ordered, the president stated his intent to defy the court order when he said, ‘SNAP payments will be given only when the government opens,’” McConnell said Thursday.

Child nutrition funding suggested

The USDA had said it would pay only partial November benefits from a contingency fund holding about $4.5 billion, rather than tap into other money at its disposal, including a $23 billion fund for child nutrition programs.

The coalition of cities and nonprofit organizations that sued to force the administration to pay SNAP benefits for November has argued the court should force USDA to pay full benefits for November. 

In addition to the missed Wednesday deadline, the move violated a fundamental administrative law requiring federal agencies not to make arbitrary and capricious decisions, Kristin Bateman of the Democracy Forward Foundation, which is representing the groups, said Thursday.

The child nutrition program would not need its billions of dollars until June, she said, meaning that transferring funds for SNAP would only actually hurt the child nutrition program if the shutdown persists until then.

“A decision on such a highly unlikely set of events is not reasoned decision-making,” Bateman said. “It’s particularly unreasonable because the defendants have not explained why they would choose to let 42 million Americans, including 16 million children, go hungry now in order to guard against the extreme outside chance that come June, there won’t be enough money to fund child nutrition programs.”

McConnell agreed that invoking the child nutrition fund was “entirely pretextual,” which was demonstrated in part by Trump’s post and other statements by administration officials.

“The defendants’ stated desire to conserve funding for the child nutrition programs is entirely pretextual, given the numerous statements made in recent weeks by the president and his administration officials who admit to withholding full SNAP benefits for political reasons,” he said.

McConnell also noted that the case should be resolved as soon as possible to help provide food to hungry people or “needless suffering will occur.”

‘A state problem’

Tyler Becker, who argued on behalf of the USDA, said the department had done its part by making available to states a table showing how they should allocate partial November benefits for households of differing circumstances.

SNAP is a complex program, requiring coordination between the federal government and all 50 states, each of which has a different system for distributing benefits.

“The government did make the payments, is making the payments to the states,” he said. “That’s all the government does in the SNAP program.”

He added that the government had shown earlier in the case some of the administrative difficulties of paying partial benefits.

In a separate case in Massachusetts federal court, some states said they could process the benefits immediately, while others cannot.

“This is a state problem,” he said.

But McConnell cut him off shortly after, saying the federal government was responsible for ensuring people got their SNAP benefits.

“The problem that the government identified needed to be resolved one way or the other by Wednesday,” he said. “And if it wasn’t resolved by Wednesday, then you had to make the full payments, because that’s the only way we could get money to people immediately and alleviate the irreparable harm, whether you could or couldn’t do anything about that.”

In a Sept. 30 contingency plan about how to proceed during a government shutdown, the USDA itself said it would pay for continuing benefits through the contingency fund, which at the time held $6 billion. The administration later reversed that plan and said it could not tap the contingency fund.

In the Massachusetts case, which was brought by 25 Democratic states and the District of Columbia, the states argued Thursday that confusion stemming from a miscalculation the USDA made in determining November partial benefits was a reason to force the administration to pay for a full month.

USDA corrects miscalculation

The hearing followed a late Wednesday night filing from the USDA correcting an error it made in calculating the amounts beneficiaries would receive under its plan for partial payments. 

The department said it will reduce the largest monthly food assistance payments by about 35% in November, down from a 50% cut the department initially estimated.

USDA miscalculated how to adjust benefit payments for SNAP to account for a lack of full funding during the government shutdown, a department official said in a filing to the U.S. District Court for Rhode Island. 

The formula the government initially used and sent to states Tuesday would have resulted in about a 50% cut to the maximum monthly benefits, and left some households without benefits. 

SNAP pays benefits on a sliding scale depending on the size of a household, the household’s income and other expenses such as housing. By cutting the maximum benefit by one-half, the department would have spent about $3 billion from a SNAP contingency fund instead of the full $4.65 billion in the fund, which is what the court ordered it to spend.

The mixup created confusion for state administrators, the states in the Massachusetts litigation said.

“The fact they have been asked to suddenly shift on a dime yet again as a result of these entirely new tables, causing further chaos and delay, underscores that USDA’s approach here is untenable and unlawful,” the states wrote in a Thursday brief.

The error was first reported to McConnell by the coalition of cities and nonprofit organizations that sued to force the government to pay SNAP benefits this month. 

Think tank discovers discrepancy 

An analysis submitted by Sharon Parrott, a former White House budget officer who now leads the left-leaning think tank Center for Budget and Policy Priorities, showed that the table the department submitted to the court and sent to states on Tuesday would fall short of the court’s order to spend the entire contingency fund.

The groups said the department’s error was another reason the court should compel the government to transfer funds to pay out full benefits for November.

“Defendants’ approach means that only around $3 billion—out of the $4.65 billion Defendants have said is available—will be spent on SNAP benefits in November, leaving more than $1.5 billion in contingency funds unspent,” they wrote in a Wednesday brief. “Defendants opted for partial (and delayed) SNAP payments, but even then, did not manage to do that correctly.”

The department said in its filing later Wednesday that it independently discovered its miscalculation and worked to fix it before Parrott’s declaration hit the court docket.

“Defendants realized this error and worked to issue new guidance and tables as soon as it was discovered, not in response to Plaintiffs’ notice filed earlier this evening,” USDA’s brief said.

A sign in a grocery store indicates that SNAP benefits are accepted. Wisconsin's health department, which administers the state's FoodShare program funded through SNAP, said Tuesday November benefits will be reduced and could take weeks to be paid. (Getty Images)

Despite court orders for the federal government to resume sending federal funds to the states for food assistance programs for the month of November, the money will take weeks or longer to arrive and will only cover a portion of the benefits people are supposed to receive, Wisconsin’s health department confirmed Tuesday.

The delay is a result of the federal decision to spend only the contingency funds said aside for the Supplemental Nutritional Assistance Program, or SNAP, according to a statement late Tuesday afternoon from the Wisconsin Department of Health Services communications office. DHS administers Wisconsin SNAP benefits through the state’s FoodShare program.

SNAP benefits stopped flowing Nov. 1 as a result of the federal government shutdown, which has halted federal spending in all but some specific functions of the government.

The U.S. Department of Agriculture declined to tap other funding sources in order to cover the full benefits for November, a department official said in a court document filed Monday.

About 700,000 Wisconsin residents receive SNAP benefits through the FoodShare program, according to DHS. Benefits are distributed to an electronic “QUEST” card that is used like a debit card to purchase food at participating grocers and other vendors.

According to DHS, because of the benefit reduction, states must recalculate the benefits they send to households enrolled in the SNAP program. States must then send an electronic file with the revised benefit information to the electronic benefit transfer businesses that distribute the funds to members’ QWEST cards.

“Due to the many steps that need to be taken as well as the likely bottleneck of only having two vendors that can deploy benefits to cards, the Trump Administration indicates this process will take weeks to months instead of days compared to the timeline if the federal government had chosen to provide full November benefits to states,” DHS said in an update sent to news organizations Tuesday afternoon.

“Because the federal government chose a more complex pathway, the federal government will need to issue guidance to states and then states will have to determine how to allocate partial benefits to each household,” the DHS update stated. “This means the timeline for partial November benefits to be added to [each] member’s cards is still to be determined.”

A provision in the federal mega-bill cutting spending and taxes that President Donald Trump signed July 4 will further complicate the process, according to DHS.

States with error rates of more than 6% in their SNAP programs will bear additional administrative costs. Paying partial benefits rather than full benefits “will force states to use an unprecedented process instead of the process we would typically use,” according to the DHS update, “which has the potential to jeopardize Wisconsin’s and other states’ error rates.”

DHS has asked the Legislature to allocate an additional $69.2 million to the department to cover anticipated increases in administrative costs and hire additional staff to help keep Wisconsin’s error rate low.

Tables that USDA distributed Tuesday indicate that in 48 states, including Wisconsin, the reduced November benefits will range from $149 a month for a one-person household to $497 for a four-person household and $894 for a household of eight. The DHS update noted that “we caution that the tables don’t necessarily reflect what a family would receive.”

Although the Trump administration agreed in court filings to partially fund November’s SNAP benefits, Trump backtracked on that pledge with a social media post, saying that the benefits would not be released until Democrats in Congress agreed to reopen the government.

Tuesday’s update from DHS alluded to the post, stating that the department is “aware of the president’s recent social media message from this morning” — after DHS received the USDA message and the reduced benefit amounts — “and will continue to monitor activity from the federal government.”

A produce cooler at Willy Street Co-op in Madison, Wisconsin. FoodShare funding from the federal government will stop Nov. 1 if the federal government shutdown continues. (Photo by Erik Gunn/Wisconsin Examiner)

Unless the shutdown ends by that date, Wisconsin’s FoodShare program, which serves more than 700,000 Wisconsin residents — about 12% of the state’s population — will run out of funds Nov. 1, Gov. Tony Evers said Tuesday. FoodShare is funded through the federal Supplemental Nutrition Assistance Program, or SNAP, previously known as Food Stamps.

Two Wisconsin Head Start early childhood education programs are at risk for not receiving their expected federal authorization that was to start Nov. 1, according to Jennie Mauer, executive director of the Wisconsin Head Start Association.

“Our social safety net is stretched,” Mauer said Tuesday. “This is just going to really short communities, and I think providers are bracing. We just don’t know the tidal wave that’s going to hit us, so everybody is really concerned.”

The U.S. Department of Agriculture notified states earlier this month that the SNAP program would not have enough funds to pay full benefits to the program’s 42 million participants nationwide.

The department directed states to hold off on the transactions that move SNAP funds onto the electronic benefit cards that FoodShare members use to buy groceries.

FoodShare “may not be available at all next month if the federal government shutdown continues, leaving nearly 700,000 Wisconsinites without access to basic food and groceries,” the governor’s office said in a statement Tuesday.

“President Trump and Republicans in Congress must work across the aisle and end this shutdown now so Wisconsinites and Americans across our country have access to basic necessities like food and groceries that they need to survive,” Evers said.

Both the FoodShare and Medicaid programs refer to their participants as members. “FoodShare benefits are 100 percent funded by the federal government and the shutdown will need to end before members can begin getting benefits again,” the state Department of Health Services announced in the FoodShare news page Tuesday.

If FoodShare benefits stop in November, they won’t be lost, but they will be delayed, said Matt King, CEO of the Hunger Task Force in Milwaukee. When the shutdown ends, benefits will become available again, including those not paid during the shutdown.

The Hunger Task Force supplies food pantries throughout the greater Milwaukee area. If benefits stop, food pantry operators and suppliers expect to see a sharp increase in the need for their services.

“FoodShare is the first and most critical line of defense against hunger,” King said Tuesday. “The food pantry network across Wisconsin acts as a safety net to help people in an emergency. It’s not set up to be a sustainable source of food to meet all of their grocery needs.”

While helping people get access to food in an emergency, the food pantry network also works to connect people with “more sustainable and ongoing resources like the FoodShare program,” he said.

The impending pause on FoodShare funds will compound a need that has already increased by 35% across the state in the past year, King said. “The longer the government shutdown goes on, the more strain it will put onto the emergency food system.”

Mauer of the Head Start association said two of the state’s 39 Head Start programs were to receive authorization for their next round of funding starting Nov. 1, and with them the ability to draw on their federal grants for the next several months.

So far, the authorization hasn’t been received, Mauer said. In addition, however, if the authorization is issued but the shutdown remains in effect, “there’s no money” until a budget is enacted, she added. “They need money in the coffers for [Head Start agencies] to draw down.”

The issue will repeat for programs that must reauthorize by Dec. 1 and Jan. 1 if the shutdown continues.

The remaining Head Start programs are not believed to be in peril, Mauer said, because their grants have already been funded by the previous fiscal year’s appropriations.   

The Head Start program operated by the Sheboygan Human Rights Association is one of the two awaiting its Nov. 1 reauthorization and the new round of funding that would ordinarily begin then.

“At this point, we are unsure how we will be affected,” said Theresa Christen-Liebig, the executive director of the nonprofit. The agency is using “some state funding resources to continue services until mid-November,” Christen-Liebig told the Wisconsin Examiner in an email. The agency’s board will meet next week to consider its steps for the rest of November and beyond, she said.

“The uncertainty makes the situation stressful and hard on our staff and families,” Christen-Liebig said. “We are keeping everyone updated as we try to work things out and decisions are made to continue to provide services.”