A federal judge in Rhode Island ordered the Agriculture Department to pay full SNAP benefits for November by Friday.
At a hearing Thursday afternoon, U.S. District Judge John McConnell Jr. said USDA had failed to "expeditiously resolve ... administrative and clerical burdens" in providing partial SNAP benefits using the SNAP contingency fund, as he ordered a week ago. Instead, USDA said it could take weeks to even months for states to distribute the benefits.
McConnell said it was clear from his previous order that if those issues remained, USDA would have to make a full payment. Thursday he did so requiring the administration to use its Section 32 spending authority, combined with the contingency fund, to do so.
"People have gone without for too long," he said. "This should never happen in America. In fact, it's likely that SNAP recipients are hungry as we sit here."
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He said the lapse in benefits to 42 million Americans this past weekend was the first time in the program's history that it has run out of funds.
Justice Department attorney Tyler Becker said USDA has made the money available to states but called the issue of disbursement to recipients "a state problem."
However, McConnell said USDA had a duty to plan for use of the contingency funds when the shutdown began Oct. 1
But even by Nov. 1, he said USDA "refused to use the congressionally mandated contingency funds. "USDA cannot now cry" that it cannot get the payments out "for weeks or months because states are not prepared to make partial payments."
USDA said on Monday it would provide about 50% worth of benefits for the month. On Wednesday, it told the court it had made a mistake and was increasing that to 65%.
The lead plaintiff in the lawsuit, which also includes other nonprofits and cities, is the Rhode Island State Council of Churches.
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