Two federal judges ruled Friday that the Trump administration must tap existing funds to keep the SNAP food assistance program running during the government shutdown, according to reporting from the Associated Press.
But it wasn’t immediately clear if or when Texans could start receiving assistance, which was expected to pause Saturday.
The rulings came as Gov. Greg Abbott faced mounting pressure to authorize emergency funding for Texas SNAP recipients. Abbott said U.S. Senate Democrats should pass legislation to end the government shutdown.
The judges in Massachusetts and Rhode Island said the Trump administration could decide whether to fund the Supplemental Nutrition Assistance Program, sometimes called food stamps, partially or in full. President Trump, however, is looking to the courts for guidance on how to fund SNAP, according to a Truth Social post.
“Our Government lawyers do not think we have the legal authority to pay SNAP with certain monies we have available,” the post said. “I have instructed our lawyers to ask the Court to clarify how we can legally fund SNAP as soon as possible.”
Regardless of whether the Trump administration releases funding, Texans will still have to wait to access their food benefits.
“The reality is that, starting tomorrow, SNAP recipients across Texas will face delays in receiving benefits,” Celia Cole of Feeding Texas said in a statement. “Ongoing lawsuits are not a swift solution to this crisis. If contingency funds are released, they represent only partial relief—and the administration has indicated it could take weeks to calculate and distribute them.”
After USDA issues guidance to states, it takes at least three days for SNAP benefits to become available on Lone Star Cards that participants use to purchase food at grocery retailers. These funds become available on a staggered basis, where every day that the money is delayed affects around 126,000 Texans, Cole previously told The Texas Tribune.
The USDA had announced that it would halt the program, which serves more than 40 million Americans and about 3.5 million Texans, in November due to insufficient funding during the shutdown.
Texas Health and Human Services Commission spokesperson James Rivera said the agency is waiting for guidance from the U.S. Department of Agriculture food and nutrition service, which oversees SNAP, and Texans can find more information on its website and FAQs.
The ruling came in response to a challenge from state attorneys general or governors in 25 states plus the District of Columbia, who said the administration was legally obliged to keep SNAP running. It is unclear whether the decision will extend to Texas SNAP enrollees, because the state did not file a complaint.
A prior USDA plan for a government shutdown says SNAP should keep running during a pause in appropriations.
“Congressional intent is evident that SNAP’s operations should continue since the program has been provided with multi-year contingency funds,” said the plan, which was subsequently removed from the USDA website.
That emergency fund totals $5.3 billion, but SNAP needs $8.2 billion for full funding in November. The Trump administration has doubled down that it cannot use this money for SNAP.
In their suit, the Democratic states argued that the administration must tap this fund, and that it also has access to a separate pool with around $23 billion. Both judges ordered the Trump administration to fund SNAP at least partially, and left it to decide whether to use additional resources to pay for full November benefits.
The Boston judge gave the Trump administration until Monday to say whether it will use contingency funds to partially fund SNAP for November or fully fund the program using both emergency and additional funds.
Disclosure: Feeding Texas has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune’s journalism. Find a complete list of them here.
