Two judges rule Trump admin must keep SNAP benefits in place as shutdown drags on

Congress on track to break record for longest government shutdown

Senior congressional correspondent Chad Pergram provides updates on the the government shutdown as SNAP benefits are set to expire and air traffic control issues worsen.

A federal judge on Friday ordered the Trump administration to continue to fund Supplemental Nutrition Assistance Program (SNAP) during the ongoing government shutdown, delivering near-term relief to roughly 42 million Americans who received the aid just hours before the funding was slated to dry up. 

The emergency order from U.S. District Judge Indira Talwani said the Trump administration must resume SNAP benefits, which were slated to expire Nov. 1, ruling that plaintiffs who filed the lawsuit are likely to succeed on their claims that the suspension of the benefits is unlawful. She ordered the government to provide the court no later than Monday, Nov. 3, with additional details on how it plans to keep the program funded, and whether the appropriated benefits must be distributed in full or in part.

Moments later, a separate federal judge in Rhode Island ordered the Trump administration to continue paying for food stamps during the shutdown.

U.S. District Judge John McConnell said the administration must tap its emergency funds to pay for the SNAP benefits "as soon as possible" next month. He issued the emergency order from the bench Friday during an emergency court hearing in Providence.

STATES SUE TRUMP ADMIN OVER BILLIONS IN LOOMING CUTS TO SNAP, FOOD STAMPS

Vendors at a farmer's market in Maryland accept Electronic Benefit Transfer (EBT) tokens via the SNAP benefit program. A coalition of 25 U.S. states sued to order the U.S. Department of Agriculture to extend SNAP benefits during the ongoing government shutdown, warning that millions of Americans could be at imminent risk of hunger if the food stamp funding lapses. (Al Drago/Bloomberg via Getty Images)

Talwani heard arguments Thursday from the Trump administration and from a coalition of 25 Democratic governors and state attorneys general, who sued the U.S. Department of Agriculture over its refusal to keep SNAP benefits funded during the ongoing government shutdown. 

The benefits were slated to expire Nov. 1, marking the first time in 60 years that the program lapsed because of a government shutdown.

Talwani seemed sympathetic to the states’ arguments on Thursday. "It’s hard for me to understand how this isn’t an emergency when there’s no money and a lot of people need their SNAP benefits," she said in court, vowing to rule as soon as possible on the matter.

She also agreed with the argument that the cuts to SNAP would be "devastating."

State leaders said in the lawsuit that suspending the aid would disproportionately harm some tens of millions of vulnerable and low-income Americans in their states. "Because of USDA’s actions, SNAP benefits will be delayed for the first time since the program’s inception," they said in the lawsuit, filed Tuesday.

"Worse still, USDA suspended SNAP benefits even though, on information and belief, it has funds available to it that are sufficient to fund all, or at least a substantial portion, of November SNAP benefits," they added. 

The lawsuit was filed several days after the Trump administration said last week that it would not use the Agriculture Department's roughly $5 billion contingency fund to cover the food stamp benefits provided by SNAP for the month of November.

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Instead, officials said, the agency is planning to keep it on hand to respond to natural disasters. 

In the near-term, the states asked Talwani to order the Trump administration to release the USDA contingency funds to help ensure there is not a lapse in SNAP program benefits beginning Nov. 1.

"Shutting off SNAP benefits will cause deterioration of public health and well-being," they said in the lawsuit. 

The USDA, for its part, had not yet shared details on the policy decision or decision not to funnel the contingency funds to SNAP beneficiaries.

A note on its website stated simply that, "[T]he well has run dry."

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 "At this time, there will be no benefits issued November 01," the agency said. 

The Justice Department has not yet said whether it will appeal either of the rulings to the First Circuit Court of Appeals.

This is a developing news story. Check back soon for updates.

Breanne Deppisch is a national politics reporter for Fox News Digital covering the Trump administration, with a focus on the Justice Department, FBI and other national news. She previously covered national politics at the Washington Examiner and The Washington Post, with additional bylines in Politico Magazine, the Colorado Gazette and others. You can send tips to Breanne at [email protected], or follow her on X at @breanne_dep.