Trump administration plans partial SNAP payments using contingency funds following court order

The Trump administration said that it would use $4.65 billion in reserves for partial SNAP aid, but rejected using child nutrition funds
UPDATED NOV 3, 2025
The Trump administration said that it would deploy $4.65 billion, enough to cover about half of each eligible household’s SNAP benefits, according to a court filing on Monday, November 3 (Kevin Dietsch/Getty Images)
The Trump administration said that it would deploy $4.65 billion, enough to cover about half of each eligible household’s SNAP benefits, according to a court filing on Monday, November 3 (Kevin Dietsch/Getty Images)

WASHINGTON, DC: The Trump administration told a federal court on Monday, November 3, that it would use contingency funds to provide partial Supplemental Nutrition Assistance Program (SNAP) benefits in November, after a judge ordered the Department of Agriculture (USDA) to release emergency funding for the program.

According to the filing, the administration said that it would deploy all $4.65 billion in available contingency reserves, which would reportedly be enough to cover about half of each eligible household’s benefits this month.

Officials said that an additional $4 billion in government funds would be needed to restore full payments.

WASHINGTON, DC - APRIL 17: U.S. President Donald Trump speaks to reporters after signing a proclamation in the Oval Office at the White House on April 17, 2025 in Washington, DC. The proclamation expands fishing rights in the Pacific Islands to an area he described as three times the size of California. (Photo by Win McNamee/Getty Images)
President Donald Trump speaks to reporters after signing a proclamation in the Oval Office at the White House on April 17, 2025, in Washington, DC (Win McNamee/Getty Images)

Trump administration says child nutrition funds are off limits

The administration said that it had considered tapping the Agriculture Department’s 'Section 32' funds, which support child nutrition and agricultural surplus programs, but ultimately ruled against it.

“Section 32 Child Nutrition Program funds are not a contingency fund for SNAP,” the filing stated. 

WASHINGTON, DC - OCTOBER 01: The U.S. Capitol Visitors Center is closed to visitors during the federal government shut down on October 01, 2025 in Washington, DC. The government shut down early Wednesday after Congress failed to reach a funding deal. ( (Photo by Chip Somodevilla/Getty Images)
The US Capitol Visitor Center is closed to visitors during the federal government shutdown on October 01, 2025, in Washington, DC (Chip Somodevilla/Getty Images)

"Using billions of dollars from Child Nutrition for SNAP would leave an unprecedented gap in Child Nutrition funding that Congress has never had to fill with annual appropriations," it further stated.

The statement, signed by USDA Under Secretary Patrick Penn, underscored concerns that diverting funds could undermine the National School Lunch and Breakfast programs, both already strained by the prolonged shutdown.

U.S. Vice President JD Vance delivers remarks following a meeting with Congressional Democrats and U.S. President Donald Trump at the White House on September 29, 2025 in Washington, DC. Congressional leaders met with President Trump to negotiate funding legislation to avoid a government shutdown. Vance was accompanied by (L-R) Director of the Office of Management and Budget Russell Vought, Speaker of the House Mike Johnson (R-LA) and Senate Majority Leader John Thune (R-SD). (Photo by Win McNamee/Getty Images)
Vice President JD Vance delivers remarks following a meeting with Congressional Democrats and President Donald Trump at the White House on September 29, 2025 in Washington, DC (Win McNamee/Getty Images)

Millions without aid as shutdown drags on

Tens of millions of Americans reportedly did not receive their November SNAP benefits over the weekend, as the government shutdown, now entering its fifth week, threatened to become the longest in US history.

Across the country, the fallout has been stark. In Texas and California, stadium parking lots were reportedly turned into massive food distribution sites, where volunteers handed out boxes of produce, frozen meat, and household staples to families left without assistance.

Before the court’s ruling, Democratic leaders from 25 states had sued the USDA, arguing that the department was legally obligated to use contingency funds to prevent a humanitarian crisis.

U.S. President Donald Trump, accompanied by Tulsi Gabbard and her husband Abraham Williams, signs Gabbard's commission for her new role as director of national inteligence after she was sworn in, in the Oval Office at the White House on February 12, 2025 in Washington, DC. Gabbard, who will oversee the 18 intelligence agencies and serve as Trump’s advisory on intelligence, was confirmed by the Senate 52-48. (Photo by Andrew Harnik/Getty Images)
President Donald Trump, accompanied by Tulsi Gabbard and her husband Abraham Williams, signs Gabbard's commission for her new role as director of national intelligence after she was sworn in, in the Oval Office at the White House on February 12, 2025, in Washington, DC (Andrew Harnik/Getty Images)

The USDA had previously maintained that those funds were “not legally available to cover regular benefits,” insisting they were reserved for emergencies such as natural disasters.

The judge’s order, combined with mounting public pressure, forced the administration to reverse course.

But with only half the benefits restored and no end to the shutdown in sight, advocates warn that the reprieve may be short-lived.

WASHINGTON, DC - SEPTEMBER 05: U.S. President Donald Trump speaks to members of the media as he signs executive orders during a press availability in the Oval Office of the White House on September 05, 2025 in Washington, DC. President Trump signed executive orders which included the renaming of the Department of Defense to the Department of War. (Photo by Kevin Dietsch/Getty Images)
President Donald Trump speaks to members of the media as he signs executive orders during a press availability in the Oval Office of the White House on September 05, 2025, in Washington, DC (Kevin Dietsch/Getty Images)

Trump says clarification needed from court for SNAP funding 

President Donald Trump vowed on Friday, October 31, that his administration would “fund the SNAP as soon as possible” if courts give the legal green light, as millions of Americans face uncertainty amid the ongoing government shutdown.

The president said that his legal team was seeking immediate clarification from federal courts after government attorneys expressed concern that existing funds may not be legally available for distribution.



“Our Government lawyers do not think we have the legal authority to pay SNAP with certain monies we have available, and now two Courts have issued conflicting opinions on what we can and cannot do,” Trump wrote in a post on social media.

“I do NOT want Americans to go hungry just because the Radical Democrats refuse to do the right thing and REOPEN THE GOVERNMENT,” he continued, adding that he had directed attorneys to seek judicial clarification “as soon as possible.”

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