Planes line up on the tarmac at LaGuardia Airport on Nov. 10, 2025 in New York City. (Photo by Spencer Platt/Getty Images)

WASHINGTON — The record 43-day government shutdown that ended Wednesday night scrambled air travel, interrupted food assistance and forced federal workers to go without a paycheck for weeks.

It also cost the U.S. economy about $15 billion per week, White House Council of Economic Advisers Director Kevin Hassett told reporters Thursday.  

As the government began to reopen Thursday, officials were working to untangle those issues and others.

But in some areas, the processes for getting things back to normal after such a lengthy shutdown will also take time. 

President Donald Trump on Wednesday night signed a package passed by Congress reopening the government, which closed on Oct. 1 after lawmakers failed to pass a stopgap spending bill.

Flights back on schedule by Thanksgiving?

The Federal Aviation Administration’s shutdown plan, announced last week by Administrator Bryan Bedford and Transportation Secretary Sean Duffy, was to reduce flights to 40 major airports by 10%. 

As of Thursday afternoon, the FAA had not lifted the order restricting flights. But the agency did stop ramping up the percentage of those affected. 

The FAA started by asking airlines to cancel 4% of flights Nov. 7. A Wednesday order halted the rate at 6%.

That was enough to cause major disruptions to travel, and it remained unclear Thursday how long it would take to resume normal operations. 

In a statement, Airlines for America, the trade group representing the nation’s commercial air carriers, welcomed the end of the shutdown but was vague about how much longer air travelers would see disruptions. The statement noted the upcoming holiday as a possible milestone. 

“When the FAA gives airlines clearance to return to full capacity, our crews will work quickly to ramp up operations especially with Thanksgiving holiday travel beginning next week,” the group’s statement said. 

The FAA and Transportation Department did not return messages seeking updates Thursday.

The reduction in flights was meant to ease pressure on air traffic controllers, who worked through the shutdown without pay. 

Many missed work as they pursued short-term jobs in other industries. Duffy said that left the controllers on the job overstressed and possibly prone to costly mistakes.

Homeland Security Secretary Kristi Noem sought to reward other federal workers at airports, those employed by her department’s Transportation Security Administration, with $10,000 bonuses if they maintained high attendance records during the shutdown.

Noem handed out checks to TSA workers in Houston on Thursday and said more could come. 

Federal workers return, with back pay on the way

Hundreds of thousands of federal workers who had been furloughed returned to the office Thursday and those who had been working without pay will continue their duties knowing their next paycheck should be on time. 

All workers will receive back pay for the shutdown, in accordance with a 2019 law that states employees “shall be paid for such work, at the employee’s standard rate of pay, at the earliest date possible after the lapse in appropriations, regardless of scheduled pay dates.”

A spokesperson for the Office of Management and Budget said the White House has urged agencies to get back pay to employees “expeditiously and accurately.”

Agencies will need to submit time and attendance files, and payroll processors can then issue checks. According to the spokesperson, agencies have different pay schedules and payroll processors, and “discrepancies in timing and pay periods are a result of that.”

The office estimates that workers will receive a “supercheck” for the pay period from Oct. 1 to Nov. 1 on the following dates:

Nov. 15

• General Services Administration
• Office of Personnel Management

Nov. 16

• Departments of Energy, Health and Human Services, Veterans Affairs and Defense

Nov. 17

• Departments of Education, State, Interior and Transportation
• Environmental Protection Agency
• NASA
• National Science Foundation
• Nuclear Regulatory Commission
• Social Security Administration

Nov. 19

• Departments of Agriculture, Commerce, Homeland Security, Housing and Urban Development, Justice, Labor and Treasury
• Small Business Administration

Doreen Greenwald, president of the National Treasury Employees Union, said in a statement Wednesday that federal workers across all agencies “should not have to wait another minute longer for the paychecks they lost during the longest government shutdown in history.” 

“The anxiety has been devastating as they cut back on spending, ran up credit card debt, took out emergency loans, filed for unemployment, found temporary side jobs, stood in line for food assistance, skipped filling prescriptions and worried about the future. Federal employees should receive the six weeks of back pay they are owed immediately upon the reopening of the federal government,” said Greenwald. 

The union represents workers at 38 federal agencies and offices.

States Newsroom spoke to several furloughed federal workers who attended a special food distribution event during the shutdown.

The American Federation of Government Employees, one of multiple unions that sued the Trump administration over layoffs during the shutdown, said its members were used “as leverage to advance political priorities,” according to a statement issued Tuesday by the union’s national president, Everett Kelley.

The AFGE, which according to the union represents roughly 820,000 federal workers, did not immediately respond for comment Thursday.

The shutdown-ending deal reinstated jobs for fired federal employees and prohibits any reductions in force by the administration until Jan. 30.

Federal workers speak out

A statement released Thursday by a group of federal workers across agencies struck a different tone on the shutdown and praised the 40 senators and 209 representatives who voted against the temporary spending bill deal.

“The fight mattered. It changed the conversation. More members of the American public now understand that Trump is shredding the Constitution,” according to the statement issued by the Civil Servants Coalition.

The coalition also noted, “Even though the government is reopening, none of us will be able to fully deliver our agency’s missions. Our work has been exploited and dismantled since January through harmful policies and illegal purges of critical staff.”

The group emailed the statement as a PDF document to an unknown number of government workers and urged them to “channel that frustration toward action” by contacting their representatives.

SNAP saga concludes

The government reopening ended a drawn-out saga over the Supplemental Nutrition Assistance Program, or SNAP, which helps 42 million people afford groceries. 

The U.S. Department of Agriculture told states in a Thursday memo they “must take immediate steps to ensure households receive their full November allotments promptly.”

The guidance also noted that states should prepare for another shutdown as soon as next October by upgrading systems so that they could allow for partial payments. 

A key point of dispute between the administration and those seeking SNAP benefits was the lengthy time the administration said it would take to fund partial benefits. 

A Wednesday evening statement from a department spokesperson said full benefits would be disbursed in most states by Thursday night. 

Lauren Kallins, a senior legislative director for the National Conference of State Legislatures, said Thursday “states are all working hard to resume full benefits.”

 “But there will likely be logistical challenges, depending on a state’s system’s capabilities and whether the state had already issued partial benefits, that may impact how quickly a state is able to push out” benefits, she wrote. 

The program, which is funded by the federal government and administered by states, sends monthly payments on a rolling basis. 

That means that the day of the month each household receives its allotment varies. Households that usually receive benefits mid-month or later should see no interruption. 

But many of the program’s beneficiaries receive their payments earlier in the month, meaning that, depending on their state, they may have missed their November payments. 

Some states, including Democrat-run Wisconsin, Oregon and Michigan, began paying full benefits last week after a Rhode Island federal judge ordered the administration to release full November payments and the department issued guidance to states to do so.

The administration then asked the U.S. Supreme Court to pause enforcement of the Rhode Island judge’s order and reversed its guidance to states, telling them to “immediately undo” efforts to pay out full November benefits.

The Department of Justice dropped its Supreme Court case Thursday. 

“Because the underlying dispute here is now moot, the government withdraws its November 7 stay application in this Court,” U.S. Solicitor General D. John Sauer wrote to the high court.

In the trial court, the administration cited the USDA guidance and said it would discuss the future of the litigation with the coalition of cities and nonprofit groups that brought the suit. 

Capital area tourist attractions reopen

Tourists in the nation’s capital have been shut out of the Smithsonian Institution’s 17 free museums and zoo for most of the federal shutdown.

The institution on Friday will open the National Museum of American History, the National Air and Space Museum and the Steven F. Udvar-Hazy Center, an annex of the Air and Space Museum located at Dulles International Airport in Virginia, according to a message posted on the Smithsonian’s website.

All other museums and the National Zoo will open on a “rolling basis” by Nov. 17.

Multiple public-facing agencies, including the National Park Service and Internal Revenue Service, did not respond to States Newsroom’s requests for reopening information.

National parks were closed or partially closed during the shutdown.

Several IRS services were reduced or altogether cut as the funding lapse dragged on. Those disruptions included limited IRS telephone customer service operations and the closure of in-person Taxpayer Assistance Centers.

A sign explaining delays in the Supplemental Nutrition Assistance Program during the government shutdown is displayed at a Sprouts grocery store in Bountiful, Utah, on Wednesday, Nov. 12, 2025. (McKenzie Romero/Utah News Dispatch)

The Trump administration will release full benefits for most participants in the nation’s major federal nutrition program within 24 hours of the reopening of the federal government, a U.S. Department of Agriculture spokesperson said Wednesday. 

Many of the roughly 42 million Americans who rely on USDA’s Supplemental Nutrition Assistance Program, or SNAP, to help afford groceries have faced uncertainty for weeks about their November benefits, which President Donald Trump and other top administration officials said could not be paid while the government was shut down. 

A USDA spokesperson answered an afternoon email from States Newsroom inquiring about when benefits would restart with a single sentence:

“Upon the government reopening, within 24 hours for most States,” the spokesperson wrote. 

Politico first reported the department’s 24-hour timeline.

While the federal government funds SNAP benefits, states are responsible for their administration, meaning an array of different processes across the country. 

The U.S. House was set to vote Wednesday evening to clear a bill to reopen the government after a record 43-day shutdown, after the Senate acted earlier this week. Trump is expected to sign it into law as early as Wednesday night. 

The enactment of the bill — and the subsequent renewal of federal payments — would resolve a dizzying weekslong saga over SNAP that placed the roughly 1 in 8 Americans who use the program in the middle of a political and legal battle playing out across every level of the federal judiciary. 

Since the shutdown began Oct. 1, the USDA has reversed its own position, the U.S. Supreme Court paused lower court orders and Trump himself expressed contradicting views.

In the most recent chapter, USDA said it would authorize states to pay 65% of benefits for November, and the Supreme Court paused until Thursday night lower court orders compelling full payments. 

The department had previously told a Rhode Island federal court it could take weeks or even months for beneficiaries to receive the partial allotments and the administration continued to fight rulings to immediately release full funding, even as the shutdown crept toward its conclusion.

The U.S. Supreme Court on Oct. 9, 2024. (Photo by Jane Norman/States Newsroom)

The U.S. Supreme Court has extended through Thursday a pause on lower courts’ orders that the Trump administration authorize a full month of benefits for a food assistance program that 1 in 8 Americans use to buy groceries.

A brief, unsigned order published Tuesday evening also said the full court would decide on the administration’s request to block court orders that the U.S. Department of Agriculture release full November benefits for the Supplemental Nutrition Assistance Program, or SNAP. 

The case was presented to Justice Ketanji Brown Jackson, who said she would have dismissed the case and denied the request for an administrative stay. Jackson was appointed to the high court by President Joe Biden.

The order adds another wrinkle to a case that was already the object of a weekslong tug-of-war over how the program should operate during the government shutdown.

The shutdown could end before the stay expires. The U.S. Senate passed a bill Monday to reopen the government, and the House is expected to pass it Wednesday. President Donald Trump has said he supports the measure and will likely sign it before the end of the day Thursday.

Trump and administration officials have maintained they were not authorized to release November SNAP benefits during the shutdown.

A Rhode Island federal judge ordered the USDA on Thursday to release full benefits for November. The department sent states a memo authorizing those payments Friday morning, then appealed to the Supreme Court on Friday evening to have the district court’s order overturned.

At the same time, the 1st U.S. Circuit Court of Appeals affirmed the lower court’s order.

In the face of often contradicting administrative guidance and court orders, some states began processing full benefits for November, while others have yet to release them.

Workers and volunteers help distribute food boxes to those in need at a large-scale drive-through food distribution, in response to the federal government shutdown and SNAP/CalFresh food benefits delays, on Nov. 5, 2025 in City of Industry, California. (Photo by Mario Tama/Getty Images)

Payments for November for the nation’s main food assistance program have been delayed during the government shutdown, amid a confusing mess of contradicting guidance from the Trump administration and a flurry of court orders in two cases at every level of the federal judiciary.

The off-and-on freeze of benefits for the Supplemental Nutrition Assistance Program, or SNAP, that serves about 42 million people, was among the most consequential effects of the record-setting shutdown. Roughly 1 in 8 Americans use SNAP to help buy groceries.

Lawmakers, advocates and judges all repeatedly called for urgency to restore the program to keep Americans from going hungry. Yet the dizzying back-and-forth continued, often leaving both states and families at a loss.

While the shutdown is likely to end this week, the legal fight continues over the responsibilities of the federal government, which funds SNAP, and the states that administer the program.

Here’s a timeline of events over 42 days since Congress failed to appropriate new funding for the fiscal year that began Oct. 1:

Sept. 30, 2025: On the brink of the current shutdown, the Trump U.S. Department of Agriculture publishes a plan for how its various programs will be affected. It says SNAP benefits will continue to flow from a $6 billion contingency fund during a shutdown.

“Congressional intent is evident that SNAP’s operations should continue since the program has been provided with multi-year contingency funds,” the document reads in part.

States Newsroom discloses the document is later removed from USDA’s website.

Oct. 1: Congress fails to appropriate any money for discretionary government programs. The federal government shuts down. USDA pays October SNAP benefits.

Oct. 10: USDA sends a letter to states telling them not to pay SNAP benefits for November, a reversal from its Sept. 30 plan.

Oct. 24: USDA tells states in a memo that it will not pay November SNAP benefits, even though it held billions in a contingency fund.  

Oct. 28: Democratic states sue USDA in Massachusetts federal court, seeking to force the department to pay for November benefits.

Oct. 30: Nonprofits, religious groups and municipal governments bring a similar suit in Rhode Island federal court. 

Oct. 31: In an initial hearing in the Rhode Island case, U.S. District Chief Judge John J. McConnell Jr. says he is ordering USDA to continue SNAP benefits in November.

In the Massachusetts case, U.S. District Judge Indira Talwani rules that withholding November benefits is illegal, but gives the administration until Nov. 3 to respond.

Nov. 1: McConnell issues a written ruling laying out two options for USDA: pay full benefits for November by Nov. 3 or partial benefits by Nov. 5.

Some SNAP recipients begin to miss benefit payments. The program administers benefits on a rolling basis throughout each month, so more people are affected every day the department is not authorizing benefits.

Nov. 3: In a filing in McConnell’s court, USDA says it will pay about half of November benefits. But it says the administrative difficulties of calculating partial benefits could take weeks or even months.

Nov. 4, just after 11 a.m. Eastern: President Donald Trump posts to Truth Social that SNAP benefits will not be paid until Democrats agree to reopen the government. At the White House press briefing in the afternoon, press secretary Karoline Leavitt walks back that post and says Trump was referring to future benefits.

Nov. 5, late: In a memo to states, USDA corrects a table for the amount of partial benefits households should receive based on income, size of household and other factors. USDA says the table fulfills its duty under McConnell’s Nov. 1 order to pay partial benefits by this date. 

Nov. 6: McConnell orders the USDA to pay full November benefits by the next day. His earlier order was clear that partial benefits must be paid by Nov. 5, he said. Because recipients did not receive their benefits, the government missed that deadline, and it must pay for the whole month, he says. He also notes Trump’s Truth Social post appeared to defy the order.

States, including Wisconsin, Michigan and Oregon, begin to authorize full November benefits. 

Nov. 7, 8:53 a.m. Eastern: The department appeals McConnell’s order the day before to the 1st U.S. Circuit Court of Appeals.

Nov. 7, midday: Despite its morning appeal, the USDA issues guidance to states greenlighting full November benefits. A USDA spokesperson says the department must comply with McConnell’s order.

Consistent with the USDA guidance, more states begin to authorize full November benefits.

Nov. 7, evening: The Trump administration asks the U.S. Supreme Court to issue an emergency stay of the 1st Circuit and district court orders that it provide full November benefits that day.

Nov. 7, just before 10 p.m. Eastern: U.S. Supreme Court Justice Ketanji Brown Jackson orders an administrative stay while the 1st Circuit appeal is pending. The order temporarily halts the lower courts’ order to provide benefits.

Nov. 8, late: Following the Supreme Court stay, USDA sends states a letter demanding they “immediately undo” any moves to provide full SNAP benefits. The letter threatens to cancel other federal funding for states that don’t comply. 

Nov. 9, late night: A 1st Circuit panel affirms McConnell’s order. The trial judge was within his right to order USDA pay full November benefits, the three-judge panel says.

Nov. 10: The Trump administration continues its Supreme Court appeal, even as the shutdown nears its end and the 1st Circuit has ruled on the appeal.

Talwani issues a restraining order on the Nov. 8 letter asking states to “undo” November benefit payments. At a hearing, she says USDA has created the confusion and that states were acting in line with court orders and the department’s own guidance.

The U.S. Senate approves a bill to reopen the government and fund SNAP, sending the measure to the House. 

Later this week: The U.S. House is expected to clear the Senate bill; Trump is expected to sign it. The Supreme Court could rule on the administration’s request to freeze the lower court orders. 

It is not clear when full November benefits will flow to households.

Text by Jacob Fischler/timeline graphic by Ashley Murray/States Newsroom.

A 'We Accept (Food Stamps)' sign hangs in the window of a grocery store on Oct. 31, 2025 in Miami, Florida.  (Photo by Joe Raedle/Getty Images)

The Trump administration continued Monday to press the U.S. Supreme Court to overturn lower court decisions requiring the federal government pay for full benefits for a major food program, even as Congress appeared to approach an end to the record-breaking government shutdown.

Late Sunday, the 1st U.S. Circuit Court of Appeals upheld a Rhode Island federal judge’s order that the U.S. Department of Agriculture pay full November benefits for the Supplemental Nutrition Assistance Program, or SNAP.

On Monday morning, the top federal litigator told the Supreme Court the administration was continuing its appeal.

Later Monday, a Massachusetts federal judge kept in place an order canceling a USDA memo to states over the weekend asking them to “undo” full November benefits, while chastising the administration for sowing confusion. The memo had left states unsure how to proceed, and some refused to obey it.

President Donald Trump and top administration officials have resisted calls to fund November SNAP benefits during the shutdown that began Oct. 1. They argue that because Congress had not appropriated any money for the program for the fiscal year that began that date, USDA lacked the legal authority to make payments. 

That position was a reversal from the first Trump administration’s 2019 guidance and a shutdown plan the department published Sept. 30, then deleted, and has sparked several court challenges.

About 42 million people, about 1 in 8 Americans, use SNAP. Monday was the 41st day of the longest government shutdown in U.S. history.

Trump attorney seeks high court pause

In an afternoon brief following his morning notice to the high court, U.S. Solicitor General D. John Sauer largely repeated the argument he made in an initial appeal to the high court Nov. 7. 

Sauer said courts could not command the USDA to “raid” a fund for child nutrition programs that holds about $23 billion, so as to fund a roughly $4 billion shortfall for SNAP in the short term.

He added Monday that the lower courts’ orders threaten to derail a deal in the Senate to reopen the government, expected to be completed this week.

“Literally at the eleventh hour, those orders inject the federal courts into the political branches’ closing efforts to end this shutdown,” Sauer wrote. “But the answer to this crisis is not for federal courts to reallocate resources without lawful authority. The only way to end this crisis—which the Executive is adamant to end—is for Congress to reopen the government.”

Sauer’s brief came after Supreme Court Justice Ketanji Brown Jackson ordered the government to say how it would proceed in light of the 1st Circuit order late Sunday and gave the coalition of nonprofit groups and municipal government that brought the original suit until 8 a.m. Eastern on Tuesday to respond.

Massachusetts federal judge slams USDA

At an afternoon hearing in Massachusetts, U.S. District Judge Indira Talwani denounced USDA’s Saturday night demand that states return authorized funding and maintained a temporary restraining order blocking it from going into effect.

The Saturday night memo called on states to “immediately undo” actions to send benefits to people who use SNAP.

But the states had been complying with a midday Nov. 7 memo from the same department official that instructed them to process full benefits in accordance with the Rhode Island order, Talwani said. 

“What you have right now is confusion of the agency’s own making,” Talwani said.

Keith Becker, who represented the administration in the hearing, said that guidance was meant to keep states from distributing benefits while the Supreme Court stay, issued late Nov. 7, was in place. 

Minnesota authorized benefits after the Supreme Court order, he said.

Talwani said he had provided no evidence of that.

Becker also said Wisconsin, Oregon and Michigan sent out benefits between the time of the Rhode Island order and the Nov. 7 guidance telling states to issue benefits, but Talwani said they were complying with the Rhode Island court order.

The Saturday letter to states was inappropriate, she added.

“It seems to me that the states acted fairly reasonably to follow your Nov. 7 guideline,” she said. “Even if there is a mistake here, the notion that the next move, on Saturday night, is a blustering order, that they’re all going to be sued, and this thing and that thing — we’re trying to get … benefits to people who need food.”

She also said the administration appeared to be using Americans who use SNAP as political leverage, noting that even as the shutdown appears near its end, the administration was refusing to transfer reserve money from a fund that had enough to stay solvent into the spring.

“You’ve chosen not to pay your benefits at this point, and it’s hard to see how it’s not just being used as a leverage point,” she said. “I understand that there’s nice language about saying it’s for child nutrition, but it doesn’t really ring true right now.”

Appeals court ruling

Federal courts have issued a flurry of rulings on the matter since groups, cities and Democratic states sued to force Trump to release November benefits late last month. 

The late Sunday ruling came from a three-judge panel of the 1st Circuit, which upheld a Thursday order from U.S. District Chief Judge John J. McConnell Jr. that the government forfeited its option to issue partial November benefits when it missed a Nov. 5 deadline McConnell had set.

USDA had argued that making partial SNAP payments, which it had never done before, would be difficult. But it made no plans to prepare those partial benefits nearly a month into the shutdown, Judge Julie Rikelman wrote in the panel’s opinion.

“The record here shows that the government sat on its hands for nearly a month, unprepared to make partial payments, while people who rely on SNAP received no benefits a week into November and counting,” Rikelman wrote. “In light of these unique facts, we cannot conclude that the district court abused its discretion in requiring full payment of November SNAP benefits.”

The U.S. Senate is expected to vote Monday night on a bill to end the shutdown. The measure is likely to pass after advancing in a key procedural vote Sunday, but the House would still need to clear it and Trump would have to sign it before the government will reopen. House members have been told to begin returning to Washington.

Sauer noted in his Monday letter that if the bill were to become law, the case would become moot.

Dems blast court fight

Congressional Democrats have been unsparing in their criticism of Trump’s efforts to keep from paying November benefits.

U.S. House ranking Democrat Angie Craig of Minnesota said administration officials “simply do not care about America’s hungry children, veterans, seniors or people with disabilities.”

“Instead of helping hungry seniors and children, President Trump and Agriculture Secretary Brooke Rollins spent weeks illegally withholding food assistance from hungry Americans,” Craig said. “Now, they are again asking the Supreme Court to stop states from feeding hungry residents. The Trump administration would rather preserve its own sense of power than preserve the lives and wellbeing of hungry Americans.” 

Republicans have blamed Democrats for the lack of benefits payments, which they say could have been avoided if enough Senate Democrats voted with Republicans for a bill that would have temporarily reopened the government at current spending levels. 

California Democrat Adam Schiff “voted against funding SNAP 15 times,” the Senate GOP X account wrote in response to a tweet from Schiff. “If he wants to fund SNAP, he should join the eight other Democrats who have voted to reopen the government instead.”

All but three Senate Democrats voted against the measure in 14 consecutive votes. Most continued to oppose the 15th vote Sunday, but seven Democrats and independent Sen. Angus King of Maine voted with Republicans on the bill to reopen the government that also included three full-year spending bills and reinstated fired federal workers. 

Those votes gave Republicans the margin needed to bypass the Senate’s filibuster rule.

Gov. Tony Evers speaks to reporters at a food pantry in La Crosse on Monday. (Screenshot/CSPAN)

Gov. Tony Evers reiterated Monday that Wisconsin won’t pull back the money that the state distributed to its FoodShare program late last week.

“They [the federal government] want that money back — they’re not getting it back,” Evers said in a short news conference at a La Crosse food bank. “It’s for the people that are part of this program.”

The Evers administration moved swiftly Thursday evening to funnel $104.4 million to Wisconsin’s FoodShare program after a federal court ordered the U.S. Department of Agriculture to fully fund November Supplemental Nutrition Assistance Program payments.

Wisconsin FoodShare participants spent $9.9 million of the benefits on groceries Friday, according to the Evers administration.

By Monday, however, the administration said that it was lacking sufficient SNAP funds to reimburse retailers after the U.S. Treasury blocked the federal benefits payment to Wisconsin on Friday.

USDA said it would fully fund November’s SNAP payments in response to Thursday’s court order. Instead, however, the Trump administration petitioned the U.S. Supreme Court to halt the order and Justice Ketanji Brown Jackson put it on hold for 48 hours.

On Saturday the Trump administration directed states to return a portion of their SNAP funds to the federal government.

“No,” Evers declared in response.

On Monday, Wisconsin joined more than two dozen states in a motion filed in federal court in Massachusetts to block the Trump administration’s Saturday directive.

The directive “underscores the arbitrary and capricious nature of their conduct in this matter and demonstrates the need for immediate relief,” the motion states. “USDA must make full benefits available to SNAP beneficiaries without delay, and the November 8 guidance should be enjoined.”

A federal judge temporarily blocked the directive Monday.

On Monday afternoon, Evers toured WAFER Food Pantry in La Crosse, where he spoke with reporters about USDA’s order to states to pull back funds pushed out to electronic benefit cards used by SNAP recipients, including FoodShare users in Wisconsin.

“That’s embarrassing. That’s embarrassing for any president of the United States,” said Evers in a news conference that was televised on CSPAN.

“He [Trump] can claw all he wants,” Evers said. “It’s not going to happen. They have no authority to do that.”

Evers said that grocery stores should not have to wait for FoodShare funds that they are due when customers make purchases on their electronic benefits cards. “They should be getting reimbursed like they always have,” he said.

The state Department of Health Services and the state Department of Agriculture, Trade and Consumer Protection both issued statements Monday warning retailers and grocery stores that are part of the FoodShare program that they cannot reject customers with funds legally loaded onto their QUEST benefit cards, and businesses cannot turn away people using the cards.

“While there haven’t been reports of people being turned away or of price gouging thus far, we want to make sure everyone is clear on the expectations. No one in Wisconsin should have to worry about their next meal,” said DATCP Secretary Randy Romanski.

Evers signed an anti-price-gouging order on Oct. 31.

In a letter Sunday to Wisconsin’s congressional delegation, Evers called the administration’s clawback attempt “a shocking and disturbing request—and one that should be condemned by every person, regardless of their political beliefs or party.”

Evers noted that the state’s three Democratic federal lawmakers have spoken up in opposition to the administration’s actions.

“I find it deeply troubling the rest of you have failed to do so,” he wrote, referring to Wisconsin’s seven Republican Congress members, “and I implore you to change that today.”

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The U.S. Supreme Court on Oct. 9, 2024. (Photo by Jane Norman/States Newsroom)

The U.S. Supreme Court temporarily blocked Friday night a lower court’s order that the Trump administration pay for a full month of food benefits, hours after some states began loading nutrition assistance funds on payment cards held by the 42 million Americans who use the program.

In a two-page filing, Justice Ketanji Brown Jackson accepted the government’s request to pause a Thursday order from Rhode Island Chief U.S. District Judge John J. McConnell while a lower appeals court hears the case. 

His order Thursday compelled the U.S. Department of Agriculture to transfer funds from other programs to fund the Supplemental Nutrition Assistance Program, or SNAP, for November. The Trump administration had said the ongoing government shutdown meant it could not pay November SNAP benefits.

“The applicants assert that, without intervention from this Court, they will have to ‘transfer an estimated $4 billion by tonight’ to fund SNAP benefits through November,” Jackson, who was appointed by President Joe Biden, wrote. 

A stay is needed to reach an “expeditious resolution,” she wrote.

Jackson’s order froze SNAP payments to states that the USDA had appeared to authorize earlier Friday before the administration appealed to the high court.

It was unclear Friday night what effect that might have on individual recipients’ electronic benefit transfer, or EBT, cards. A press release earlier Friday from California Gov. Gavin Newsom said some Californians had begun to see full benefits on their cards, following an order from a lower court.

High court challenge 

In a Friday evening brief to the Supreme Court that followed a day of conflicting messages from the administration, U.S. Solicitor General D. John Sauer said the high court should step in to protect the executive branch’s power from what he characterized as unprecedented overreach by McConnell.

By demanding that the USDA transfer money from a $23 billion fund for child nutrition programs to pay for November SNAP benefits, McConnell substituted his judgment for the agency’s, a violation of the constitutional separation-of-powers doctrine, Sauer argued. 

The department’s decision to pay for partial November benefits, by using the roughly $5 billion remaining in a contingency fund, rather than by paying about $9 billion for a full month of benefits, was its decision to make and not reviewable by courts, Sauer said.

“USDA reasonably determined that the best course was to combine partial SNAP payments with stable funding for Child Nutrition Programs—versus jeopardize the latter to guarantee full payments with the former,” Sauer wrote. “The district court would have done otherwise. But it had no legal basis to ‘substitute its own policy judgment for that of the agency.’”

Confusion in states 

The lower court order — as well a midday Friday letter from the USDA to state SNAP administrators — had also led to confusion among states who started to demand SNAP funds in a way Sauer compared to a bank run.

Several states announced full funding would be available and began sending money to beneficiaries.

Immediately after McConnell’s order was published, Wisconsin demanded “100% of SNAP benefits,” Sauer wrote. Even though the USDA system rejected the file, the private-sector processor of the payment “moved forward, resulting in Wisconsin currently overdrawing its letter of credit by $20 million,” he said.

Kansas made a similar move. And some California SNAP users received their full benefits, according to Sauer’s brief.

16 million children on SNAP

McConnell on Thursday had ruled the department’s decision to withhold SNAP benefits arbitrary and capricious — the standard for judicial review of an executive branch action. 

The $23 billion fund could spare the $4 billion needed to make November SNAP benefits whole and still maintain its intended purpose well beyond the month, so there was no need to maintain that fund at that level, he wrote.

Instead, the decision “predictably magnifies harm and undermines the very purpose of the program it administers,” McConnell wrote.

While federal agencies are due discretion from courts, such a “poor” use of decision-making power must be remedied, he said.

“Contrary to what the Defendants claim, 29 million children who participate in the Child Nutrition Program are not at risk of immediately going hungry in the event of a transfer,” he said. “Instead, SNAP recipients—16 million of whom are children—will go hungry if they do not receive their SNAP benefits this month.”

‘Starve Peter to feed Paul’

But Sauer responded that was not McConnell’s call to make. 

The trial judge’s ruling improperly assumed that Congress would eventually replenish the child nutrition program fund, but the USDA was within its right to take a more cautious approach toward protecting the child nutrition funding, said the solicitor general.

“It obviously was not unlawful for the agency to see things differently—and refuse to starve Peter to feed Paul, by gambling school lunches tomorrow in exchange for more SNAP money today,” he wrote. “Indeed, that sort of hard tradeoff is precisely the sort of decision that Congress committed to agency discretion and placed beyond the reach of judges.”

While the USDA had not denied that it was able to move money to different priorities after Congress had appropriated it, the government did not have to do so, Sauer said.

Allowing McConnell’s ruling to stand would invite a stampede to litigation, the government maintained.

“If allowed to stand, this decision will metastasize and sow further shutdown chaos,” Sauer said. “Every beneficiary of a federal program could run into court, point to an agency’s general discretion to prioritize funding, and claim that failing to prioritize their chosen program was arbitrary and capricious.”

Trump social media post

Sauer also said McConnell read too much into Trump’s social media post this week that threatened to withhold SNAP funding for the duration of the shutdowns.

McConnell cited in his order the post, in which Trump said SNAP benefits would “be given only when the Radical Left Democrats open up government, which they can easily do, and not before!” showed the true purpose of the USDA move was political leverage.

Sauer said that was improper.

“The court below had no basis to transfer of billions of dollars from school lunches to its preferred program based on its tendentious view of ‘the administration’s true motivations.’”

In a statement, Skye Perryman, the president and CEO of Democracy Forward, an advocacy group that is leading the litigation to force SNAP payments, said the group would continue to work to “secure benefits for the American people”

“The Trump-Vance administration continues to attempt — over and over — to take food out of the hands of families, seniors, workers, and children,” Perryman said. “And every time they tried, the courts told them what the law already makes clear: they cannot. American families should not be used as political props in a shutdown that this White House manufactured.”

A store displays a sign accepting Electronic Benefits Transfer, or EBT, cards for Supplemental Nutrition Assistance Program purchases for groceries on Oct. 30, 2025 in New York City. (Photo by Spencer Platt/Getty Images)

President Donald Trump backtracked Tuesday on a pledge by his administration in court filings to partially fund November food assistance during the government shutdown, posting on social media that benefits “will be given only when the Radical Left Democrats open up government, which they can easily do, and not before!” 

White House press secretary Karoline Leavitt said later Tuesday that Trump was referring to future uses of a food assistance contingency fund and that the administration was complying with the court order, though that description did not match Trump’s post.

Trump’s declaration appeared to have little effect on the federal court case over food aid. The U.S. Department of Agriculture wrote in a court filing late Tuesday it would continue with a plan to provide partial November payments. 

The benefits usually are provided to some 42 million Americans and, at the moment, are shut off pending the partial payments. 

Before Trump’s post Tuesday, a coalition of cities and nonprofits suing the USDA said the delayed partial payments were not enough.

The coalition that filed suit, led by the Rhode Island State Council of Churches, just prior to Trump’s social media post Tuesday asked a Rhode Island federal court to compel the government to pay full benefits. 

The USDA’s promise Monday that it would provide partial payments to households who use the Supplemental Nutrition Assistance Program, or SNAP, from a roughly $4.5 billion contingency fund, was an insufficient response to a court order, the groups said.

USDA officials said Monday they could not complete partial payments for November benefits by Chief District Court Judge John J. McConnell Jr.’s deadline of Wednesday, and warned it could take several months for beneficiaries to receive the funding because of the administrative difficulties of recalculating and processing partial benefits.

The groups suing said Tuesday that if paying partial benefits created such delays, McConnell should force the government to pay full benefits instead.

“If Defendants cannot comply with the Court’s command to expeditiously resolve the hurdles to making ‘timely’ partial payments, then that is a problem of their own making,” the groups wrote. 

“They chose—unlawfully and contrary to past agency precedent and guidance—to withhold all funding for SNAP,” they continued. “That this unlawful decision may have made it impossible for them to clear the administrative hurdles now is no excuse. They still have a straightforward path to meeting the directives in the Court’s order.”

The department could legally and relatively easily tap into a separate child nutrition program account that holds $23 billion, the groups said. That would more than cover the $9 billion needed for a month of SNAP benefits, they said. 

McConnell ordered the government to respond to the challengers’ motion, and set a hearing on the issue for Thursday afternoon. 

Trump changes course

Within an hour of the groups’ filing, Trump, who had said he was eager to restore SNAP benefits, responded on social media with his defiant message that he would only release any SNAP funding once Democrats in Congress agreed to end the government shutdown that began Oct. 1.

Trump had said Friday he told government lawyers to seek clarification on how the government could legally send out benefits during the shutdown, adding he did not want Americans to go hungry.

“If we are given the appropriate legal direction by the Court, it will BE MY HONOR to provide the funding,” he wrote Oct. 31, following an oral order by McConnell.

McConnell issued a written order the next day that benefits be provided either in full by Monday or partially by Wednesday. 

The USDA responded Monday that it would provide partial benefits from the contingency fund that held about half of a month’s worth of benefits, but that the process could take weeks or even months for states to recalibrate the amount each beneficiary would receive and to process those payments.

Agriculture Secretary Brooke Rollins echoed that commitment just before the challengers submitted their motion to compel full payments.

“This morning, @USDA sent SNAP guidance to States,” Rollins wrote on X. “My team stands by to offer immediate technical assistance. This will be a cumbersome process, including revised eligibility systems, State notification procedures, and ultimately, delayed benefits for weeks, but we will help States navigate those challenges.”

Spokespeople for the USDA did not return messages seeking an explanation for the course change Tuesday morning.

At the White House press briefing Tuesday afternoon, Leavitt said she had just spoken with Trump and sought to clarify his statement.

“We are digging into a contingency fund,” she said. “The president doesn’t want to tap into this fund in the future and that’s what he was referring to.” 

Skye Perryman, the president and CEO of Democracy Forward, an advocacy group representing the groups challenging the administration, said in a Tuesday post to social media that Trump’s post was “immoral” and that the group would make use of it.

“See you in court,” Perryman said.

Shutdown lingers

The dispute over SNAP benefits stems from the lapse in government funding that began when Congress failed to appropriate money for federal programs by the start of the fiscal year on Oct. 1.

The USDA said in a plan published just ahead of the shutdown — and since deleted — that it would use the contingency fund, which then held $6 billion, to cover SNAP benefits if needed.

But the department reversed itself within weeks, telling states in an Oct. 10 letter that benefits would not be paid in November if the government remained shut down on the first of the month.

Members of each party have blamed the other for the lack of SNAP benefits. 

Democrats have demanded the administration reshuffle funds to cover the program, as it has with other federal funding during the shutdown, while Republicans have called on Democrats to approve a stopgap spending bill to reopen the government at fiscal 2025 spending levels.

Democrats in Congress have blocked Republicans’ “clean” continuing resolution to reopen the government in a bid to force negotiations on expiring tax credits for people who buy insurance on the Affordable Care Act marketplace.

As of Tuesday, the parties showed little sign of softening their positions.

Ariana Figueroa contributed to this report.

Furloughed federal workers stand in line for hours ahead of a special food distribution by the Capital Area Food Bank and No Limits Outreach Ministries on Barlowe Road in Hyattsville, Maryland, on Tuesday, Oct. 28, 2025. (Photo by Ashley Murray/States Newsroom)

HYATTSVILLE, Maryland — Ginette Young lined up with hundreds of furloughed federal workers ahead of a special food bank distribution on Tuesday in a suburb just outside the District of Columbia.

“I’m here because I’ve had no paycheck for the last two weeks, and a short paycheck for the two weeks prior. I’ve had to cover bills, and my credit cards have been paying my medical and doctor’s appointments. So I just need to restock the pantry a little bit, just to help get us over the hump,” said Young, a 61-year-old auditor for the U.S. Department of Agriculture.

Young, a District resident, was among hundreds of furloughed federal workers hoping to get pantry staples and fresh produce at the event sponsored by the Capital Area Food Bank and No Limits Outreach Ministries in Hyattsville.

Food security took center stage in the shutdown debate this week as hundreds of thousands of furloughed government workers faced another missed paycheck and 42 million recipients of federal food assistance were told they will stop receiving benefits Saturday.

The Trump administration has said it will not tap emergency funds at the USDA to extend the Supplemental Nutrition Assistance Program, or SNAP, despite loud cries from advocates and Democrats who say it’s perfectly legal for officials to use the rainy day money.

“The longer the shutdown continues, distributions like this will end up being truly a lifeline for so many,” said Radha Muthiah, president and CEO of the Capital Area Food Bank. 

“And I worry that we’re just going to see double, triple the numbers of people, both federal government furloughed workers, as well as those who are expecting SNAP benefits and being surprised Saturday morning when they don’t have it,” Muthiah said.

Food bank staff anticipated about 150 households would show up at its first distribution event for federal workers earlier in October. The organization had to quickly double its figures, Muthiah said. 

At Tuesday’s event, the food bank and No Limits Outreach Ministries brought enough to serve 400 households. Add a complete stop to food assistance to low-income families, and the region’s hunger needs will skyrocket, Muthiah said.

“In our entire region, there are about 400,000 SNAP recipients, and on average, they receive about $330 in SNAP benefits for a family of two people a month. And so if that were to be disrupted at the cost of a meal in our region, that’s about 80 meals vanishing from the tables of SNAP recipients across our region,” Muthiah said. 

“So we are ramping up, purchasing more food to be able to distribute through our partners into the community.” 

Kale, collard greens handed out

Tracy Bryce, 59, of District Heights, Maryland, unloaded kale and collard greens from the back of a U-Haul truck as hundreds of federal workers, with employment IDs in hand, waited for the noon distribution to open.

Bryce, a retired U.S. Marshal of 34 years, now volunteers with No Limits Outreach Ministries.

“I’ve been where they are,” Bryce said.

Byron Ford, 34, of Hyattsville, sat for hours in a chair he brought that morning, as temperatures hovered in the high 40s. 

“I’m just here today trying to get some food, just trying to provide healthy food for the family,” said Ford, who has two children ages 4 and 7.

“We’re fortunate that we have things like this to provide for people who aren’t receiving a paycheck. So we’re fortunate, we’re still blessed.”

A civilian employee who works in finance for the Department of the Navy, Ford is also worried about family members who receive SNAP benefits.

“We’re just spending our savings and trying to help,” he said.

Young said she remembers what it was like to need SNAP several decades ago.

“I was, you know, trying to work and go to college at the same time, and I had my kid, so yeah, I had SNAP for a little while. It’s meant to help people until they get on their feet,” she said.

A furloughed government project manager who did not want to provide her full name for fear of losing her job, said “being a political pawn is hard.”

“They (lawmakers) get the chance to go home in the middle of all this and not finish with the appropriations, not continue to walk through conversations, because they are choosing to dishonor the position that the people put them in and still get paid while their people suffer,” she said.

Grocers, retailers worry over SNAP cutoff

Retailers and grocers, already bracing for losses when Republicans’ “big, beautiful bill” SNAP cuts take effect, are also urging lawmakers to reopen the government.

“We urge Congress to move forward now on a path that reopens the government and ensures families relying on SNAP can access their November benefits without interruption or delay,” Jennifer Hatcher, The Food Industry Association’s chief public policy officer, said in a statement Oct. 21.

The already planned SNAP cuts are slated to cost food retailers hundreds of millions of dollars, industry groups warned. 

Food retailers estimate up-front costs of forthcoming new SNAP requirements signed into law by President Donald Trump in July will cost convenience stores roughly $1 billion, supermarkets just over $305 million, supercenters such as Walmart an estimated $215.5 million and small-format stores about $11.8 million, according to an impact analysis last month by The Food Industry Association, the National Association of Convenience Stores and the National Grocers Association.

Ed Bolen, director of SNAP State Strategies at the Center on Budget and Policy Priorities, said retailers could face “very drastic” losses if SNAP is also completely stopped Nov. 1.

“Just imagine a 100% cut for a month or so,” said Bolen, of the left-leaning think tank.

The United Food and Commercial Workers union sent a letter to USDA Secretary Brooke Rollins Monday requesting the agency spend contingency funding to extend SNAP benefits beyond next week.

“Rising costs at the grocery store already threaten household budgets, especially for low-income families. An interruption in food assistance will only make matters worse, and workers in meatpacking, food processing, and grocery could see a reduction in hours and wages if SNAP dollars aren’t available to be spent in their stores or on their products,” wrote Milton Jones, president of the union that, according to the organization, represents roughly 1.2 million workers.

Bananas and cereals at a grocery store in Fairfax, Virginia, on March 3, 2011. (USDA Photo by Lance Cheung.)

A coalition of Democratic state officials sued the Trump administration Tuesday, asking a federal judge to force the release of food assistance funds for 42 million people that the U.S. Department of Agriculture has said cannot be paid during the ongoing government shutdown.

Attorneys general representing 22 states and the District of Columbia and three governors launched the suit days before benefits are expected to be cut off for low-income Americans enrolled in the USDA’s Supplemental Nutrition Assistance Program, or SNAP, on Nov. 1. 

Despite holding $6 billion in a reserve fund, USDA said last week it would not process November SNAP benefits without fiscal 2026 funding approved by Congress.

The USDA’s refusal to provide November benefits runs contrary to precedent from other recent shutdowns, and even the department’s own Sept. 30 contingency plan that said the contingency fund would be used to continue benefits through the shutdown. 

The administration has also shuffled some other money to provide funding for certain programs, but not SNAP.

The Democratic officials said those factors made the decision arbitrary and capricious, a violation of federal administrative law, and asked a federal court in Massachusetts to order the USDA’s move unlawful and block the administration from putting it in place.

“It is an abuse of discretion for Defendants to decline to use available appropriations, including the SNAP contingency reserve, to fund benefits for the mandatory SNAP entitlement program,” they wrote.

SNAP benefits typically cost the federal government about $9 billion per month, meaning the contingency fund could cover about two-thirds of November’s benefits.

The department could cover a full month by dipping into another USDA nutrition assistance program that holds about $23 billion, the state officials said. Part of that fund was used to cover a shortfall in the Special Supplemental Nutrition Program for Women, Infants and Children earlier this month.

The attorneys general of Massachusetts, California, Arizona, Minnesota, Connecticut, Colorado, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Michigan, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington state and Wisconsin brought the suit, along with Democratic Govs. Laura Kelly of Kansas, Andy Beshear of Kentucky and Josh Shapiro of Pennsylvania.

Shutdown politics

In an emailed statement, a USDA spokesperson did not address the lawsuit, which came from state officials, and instead blamed the shutdown on U.S. Senate Democrats.

“We are approaching an inflection point for Senate Democrats,” the spokesperson wrote. “Continue to hold out for the Far-Left wing of the party or reopen the government so mothers, babies, and the most vulnerable among us can receive timely WIC and SNAP allotments.”

SNAP, which the federal government funds and states administer, is one of the high-profile programs affected by the government shutdown that began Oct. 1 when Congress failed to appropriate funds for the fiscal year that began that date.

Congressional Republicans have tried to pass a stopgap measure to reopen the government, but Democrats have successfully blocked that bill as they demand Congress address the expiration of health care premiums for coverage through the Affordable Care Act marketplace.

In a Tuesday afternoon letter, 19 Republican attorneys general called on Senate Minority Leader Chuck Schumer to support the Republican stopgap to prevent an interruption to SNAP benefits.

The letter, led by Ohio Attorney General Dave Yost, called SNAP “one of the simplest and most effective ways to prevent hunger in America.”

“You have the power to prevent a crisis that is entirely avoidable,” the letter said. “A clean resolution is not a political concession; it is the responsible thing to do. … Refusing to do so now is not leadership; it’s leverage at the expense of the most vulnerable.

In addition to Yost, the letter was signed by the attorneys general of Alabama, Arkansas, Florida, Georgia, Kansas, Kentucky, Louisiana, Missouri, Mississippi, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Texas, Utah, Virginia and West Virginia.   

Benefits delayed already in some states

Because of processing times required to add money to SNAP recipients’ electronic benefit transfer, or EBT, cards, benefits for November may already be delayed in some states.

The suit says California’s EBT vendor, the private company contracted to load monthly benefits onto individuals’ EBT cards, requires about a week to process those transfers.

“So, in order to ensure recipients received their November 2025 benefits on time, California would have had to send its issuance files to its vendor by October 23, 2025,” the suit said. “Each day after October 23 that California does not send its issuance files to its vendor will result in November benefits being delayed another day.”

Additionally, because most states use one of two EBT vendors, there’s a strong possibility the vendors will be overwhelmed by the workload “from all their client-states at essentially the same time” once benefits are unfrozen, the state officials said. 

So even if USDA immediately released funding, there would be a lag before they appeared on EBT cards, they said.

Canned foods on grocery store shelves. (Photo by Cami Koons/Iowa Capital Dispatch)

WASHINGTON — The stakes of the ongoing government shutdown rose Monday as the U.S. Department of Agriculture doubled down on its position that food benefits for November could not be paid and a union for federal workers implored lawmakers to pass a stopgap measure.

As the government shutdown entered day 27, President Donald Trump’s administration sought to add pressure on U.S. Senate Democrats to approve the House Republicans’ stopgap government funding bill by refusing to use USDA resources to stretch critical food assistance benefits to the most vulnerable Americans. 

USDA confirmed over the weekend it will not follow its own contingency plan — which the department has removed from its website — to tap into its multi-year contingency fund to cover food assistance for more than 42 million people for November. 

The department also pinned a fiery message to its website blaming Democrats for the lapse in benefits and U.S. House Speaker Mike Johnson called on Democrats to approve a stopgap funding measure to restore food assistance.

Democrats have voted against the GOP short-term spending bill to draw attention to and force negotiations on tax credits that will expire at the end of the year for people who buy their health insurance through the Affordable Care Act Marketplace.

“Bottom line, the well has run dry,” according to the banner across USDA’s website. “At this time, there will be no benefits issued November 1. We are approaching an inflection point for Senate Democrats.”

The banner falsely indicated that Democrats’ sole goal was to provide health insurance to immigrants in the country without legal authorization and transgender patients.

Reversal on SNAP contingency

But the move represents a reversal from the administration’s own policy, laid out in a Sept. 30 contingency plan on the eve of the shutdown that States Newsroom reported Friday. 

The plan detailed how the agency would use the contingency fund provided by Congress to continue benefits. The fund holds roughly $6 billion, about two-thirds of a month of SNAP benefits, meaning USDA would still have to reshuffle an additional $3 billion to cover the remainder for November.

Hundreds of Democratic lawmakers, and the top Senate Republican appropriator, Susan Collins of Maine, have pressed USDA to use its contingency fund. 

Democrats, such as New Jersey Sen. Cory Booker, have also criticized the Trump administration for refusing to use its resources, despite the contradiction in its own Sept. 30 contingency plan and its shuffling of funds for the Special Supplemental Nutrition Program for Women, Infants, and Children, or WIC.

“We know that Trump has the resources to continue SNAP and other programs like WIC,” Booker said. “Weaponizing food assistance is, simply put, a new and disgusting low.”

Senate Minority Leader Chuck Schumer echoed that sentiment in a floor speech Monday.

“The administration is making an intentional choice not to fund SNAP this weekend,” the New York Democrat said. “The emergency funding is there. The administration is just choosing not to use it.”

USDA did not respond to a request for comment Monday. 

Millions of vulnerable people, such those who have low incomes or are living with disabilities, rely on SNAP. About 40% of SNAP recipients are children 17 and younger.   

Union calls for stopgap

Another form of pressure on Democrats arrived Monday with the American Federation of Government Employees, the largest union representing federal workers, calling for lawmakers to strike a deal to reopen the government.  

As the shutdown nears a month, most of the roughly 2 million civilian federal workers have already missed paychecks. 

The AFGE is typically more politically aligned with Democrats and had held off on publicly weighing in in favor of a stopgap until Monday when Everett Kelley, the union’s president, called for Congress to end the government shutdown and pass a continuing resolution to resume funding.

“Because when the folks who serve this country are standing in line for food banks after missing a second paycheck because of this shutdown, they aren’t looking for partisan spin,” Kelley said in the statement. “They’re looking for the wages they earned. The fact that they’re being cheated out of it is a national disgrace.” 

Johnson added that he hopes the recent statement from the union representing 800,000 federal workers pushes Senate Democrats to approve the House’s stopgap.

“They understand the reality of this,” he said. 

Johnson defends USDA move

Johnson defended USDA’s decision not to use its contingency fund for SNAP during a morning press conference.

USDA has argued that those funds can only be used for natural disasters or similar emergencies. 

Johnson, a Louisiana Republican, agreed with that reasoning.

“It certainly looks legitimate to me,” he said. “The contingency funds are not legally available to cover the benefits right now. The reason is because it’s a finite source of funds. It was appropriated by Congress, and if they transfer funds from these other sources, it pulls it away immediately from school meals and infant formula. So … it’s a trade off.” 

USDA earlier this month reshuffled funds to several nutrition programs, including WIC,  the National School Lunch Program, School Breakfast Program, and the Child and Adult Care Food Program. 

States scrambling

States are demanding answers about why USDA has paused SNAP benefits. On Friday, 23 state attorneys general sent a letter to Agriculture Secretary Brooke Rollins and questioned the legal basis for the agency to pause benefits for SNAP.

In the face of disappearing federal funds, states may choose to spend more on food assistance,  

New York Gov. Kathy Hochul, a Democrat, said Monday she would “fast-track” $30 million in state emergency food assistance to supplement SNAP benefits.

Johnson said that if Senate Democrats are worried about SNAP benefits not being available for November, they should pass the House’s stopgap government funding bill. 

“The best way for SNAP benefits to be paid on time is for the Democrats to end their shutdown, and that could happen right now, if they would show some spine,” Johnson said. 

Produce at a Virginia grocery store in 2011. (Photo by Lance Cheung/U.S. Department of Agriculture)

WASHINGTON — The U.S. Department of Agriculture said in a memo Friday the agency’s contingency fund cannot legally be used to provide food assistance benefits for more than 42 million people in November, as the government shutdown drags on.

The position is a reversal from the department’s earlier stance, according to a since-deleted copy of the USDA’s Sept. 30 shutdown plan that said the department would use its multi-year contingency fund to continue paying Supplemental Nutrition Assistance Program, or SNAP, benefits during the ongoing shutdown. 

SNAP has about $6 billion in the contingency fund — short of the roughly $9 billion needed to cover a full month of the program, putting November benefits in jeopardy. 

Because of a stalemate in Congress over a stopgap spending bill, the government shut down on Oct. 1 without new SNAP funding enacted.

The memo, which was first reported by Axios on Friday, said states would not be reimbursed if they use their own funds to cover the cost of the benefits.

“There is no provision or allowance under current law for States to cover the cost of benefits and be reimbursed,” the memo says, while also noting that “the best way for SNAP to continue is for the shutdown to end.”

Discrepancy with shutdown plan

The memo also says the contingency fund is meant for natural disasters and similar emergencies, not for a lack of appropriations.

But USDA’s Sept. 30 contingency plan contradicts that and appears to greenlight the use of SNAP’s contingency fund during a lapse in funding.

“Congressional intent is evident that SNAP’s operations should continue since the program has been provided with multi-year contingency funds that can be used for State Administrative Expenses to ensure that the State can also continue operations during a Federal Government shutdown,” according to the plan. “These multi-year contingency funds are also available to fund participant benefits in the event that a lapse occurs in the middle of the fiscal year.”

USDA’s contingency plan is no longer online, but is accessible through an internet archive.

After providing States Newsroom with the memo Friday afternoon, USDA did not immediately respond to a follow-up inquiry about the discrepancy between Friday’s memo and its contingency plan.

In the memo, USDA said transferring money toward SNAP from other sources “would pull away funding for school meals and infant formula.” 

The agency said it has shuffled funds to cover several nutrition programs during the shutdown, including the Special Supplemental Nutrition Program for Women, Infants, and Children, or WIC, as well as the National School Lunch Program, School Breakfast Program, and the Child and Adult Care Food Program. 

Dems call on Rollins to tap into fund

U.S. Agriculture Secretary Brooke Rollins said last week the government would run out of funds to deliver November SNAP benefits as a result of the ongoing shutdown.  

Friday morning, U.S. House Democrats, like nearly all of their Senate counterparts and the Republican chair of the Senate Appropriations Committee, urged Rollins to not only use the contingency fund, but to reprogram other money to cover a $3 billion shortfall. 

“A potential lapse in benefits would be felt by Americans of all ages and affect every corner and congressional district in the country,” according to the letter from more than 200 House Democrats.

In a separate letter, 46 Senate Democrats sent to Rollins on Wednesday, voicing concerns that USDA told states to hold off on sending in SNAP benefits to be processed for November. 

“We were deeply disturbed to hear that the USDA has instructed states to stop processing SNAP benefits for November and were surprised by your recent comments that the program will ‘run out of money in two weeks,’” according to the letter. “In fact, the USDA has several tools available which would enable SNAP benefits to be paid through or close to the end of November.” 

The chair of the Senate Appropriations Committee, Republican Susan Collins of Maine, also urged Rollins in a Thursday letter to “consider all available options in accordance with federal law to ensure that this vital nutrition assistance continues, including the use of contingency funds and looking at the viability of partial payments or any transfer authority you may have.” 

Benefits could be slow even if a deal reached

States have been told by the agency to hold off on submitting SNAP benefit requests to processing centers. Food banks and pantries are already bracing for the increased need, including in Iowa, where more than 270,000 Iowans rely on SNAP each month.

However, even if Congress immediately reached a deal to end the shutdown, the time needed to process the payments and make them available for recipients means SNAP benefits would likely be delayed. State officials have warned SNAP recipients of the possibility of delays.

In West Virginia, officials said delays are expected and told residents to seek assistance at local food pantries. Roughly 1 in 6 West Virginia residents rely on SNAP each month. 

Legal requirement cited

Sharon Parrott, a White House Office of Management and Budget official during the Obama administration who now leads a left-leaning think tank, said in a Thursday statement that USDA is legally required to use its SNAP contingency funds.

Parrott, the president of the Center on Budget and Policy Priorities, said the multi-year contingency fund is “billions of dollars that Congress provided for use when SNAP funding is inadequate that remain available during the shutdown — to fund November benefits for the 1 in 8 Americans who need SNAP to afford their grocery bill.”

Parrott said the Trump administration could use its legal transfer authority, just as it did with WIC funding, to “supplement the contingency reserves, which by themselves are not enough to fund families’ full benefits.”