The White House claims it cannot fund food stamp benefits for November. But the legal authority to tap a contingency fund is quite clear.
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OCTOBER 29, 2025

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As I read report after report that food stamp benefits won't be sent to beneficiaries starting November 1 if the government shutdown continues, I never saw a discussion of whether it's legal for the Trump administration to refuse to fund them, especially when it had used its authority to move money around in order to keep WIC benefits flowing. When I spoke to experts, it became clear that not only is there plenty of money to fund SNAP benefits in November, it is in fact illegal for the administration to refuse to do so. It's part of the second Trump administration's decision to ignore Congress's authority to decide where federal funds are spent and unilaterally decide not to spend money it doesn't like. But refusing to fund SNAP and leaving 42 million people hungry for the month of November is definitely an escalation. 

–Bryce Covert

HAPABAPA/ISTOCK

Trump Is Illegally Withholding Food From Needy Families

The 42 million Americans who rely on nutrition assistance are in danger of going without benefits to help them afford food if the government shutdown drags on after November 1. But that’s not because the government lacks the money to fund benefits. It’s because the Trump administration is flouting the law by refusing to release the funds.


On Friday, the administration issued a memo claiming it can’t tap a contingency fund that currently has about $5 billion in it for the Supplemental Nutrition Assistance Program, or SNAP, also known as food stamps, because it’s reserved for sudden emergencies like natural disasters.


The website for the Department of Agriculture also now has a large banner at the top declaring that SNAP has “run dry” and “there will be no benefits issued November 01.” The message blamed Senate Democrats for “hold[ing] out for healthcare for illegal aliens and gender mutilation procedures,” attempting to blame immigrants and trans people for the ongoing shutdown.


But the reality is that not only is the contingency fund meant to be used in this exact fashion, it’s illegal for the Trump administration to refuse to do so. The Food and Nutrition Act of 2008, which reauthorized the food stamp program and changed its name to SNAP, states clearly that benefits “shall be furnished to all eligible households who make application for such participation.” And the contingency fund would allow those benefits to be delivered as required. Instead, the administration is rejecting its authority, holding hungry families hostage to an ongoing political fight over government spending.


As David A. Super, professor of law and economics at Georgetown University, put it, “There are no ifs, ands, or ors there.” Anyone who is eligible and applies must be paid benefits. “I don’t know how Congress could have written it more clearly,” Super said.

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