USDA tells states to reverse November SNAP payments after court ruling: 'This was unauthorized'

USDA warned that states could lose federal funds if they failed to retract the food stamps already issued amid the ongoing shutdown dispute
UPDATED NOV 9, 2025
The US Department of Agriculture (USDA) ordered states to retract full November food stamp benefits that were distributed after the court’s directive (Getty Images)
The US Department of Agriculture (USDA) ordered states to retract full November food stamp benefits that were distributed after the court’s directive (Getty Images)

WASHINGTON, DC:  The US Department of Agriculture (USDA) ordered states on Saturday, November 8, to reverse course and retract full November food stamp benefits that were distributed following a court decision, warning that failure to comply could result in the cancellation of future federal funds.

In a memo, Patrick A Penn, the USDA’s deputy undersecretary for food, nutrition, and consumer services, said states must “immediately undo” any steps taken to issue full Supplemental Nutrition Assistance Program (SNAP) benefits for November.

“To the extent States sent full SNAP payment files for November 2025, this was unauthorized,” Penn wrote.

“Failure to comply with this memorandum may result in USDA taking various actions, including cancellation of the Federal share of State administrative costs and holding States liable for any over issuances that result from the noncompliance,” he added.



Legal battle deepens amid shutdown and hunger fears

The directive reverses guidance issued just a day before on Friday, when the department told states to proceed with full payments after a federal judge ordered the Trump administration to release funds.

But that order was paused by the Supreme Court, which sent the case back to a lower court for further review.

The Supreme Court’s intervention came as part of a fast-moving legal battle over whether the federal government must continue funding SNAP, which provides food assistance to more than 40 million low-income Americans.

U.S. President Donald Trump, accompanied by U.S. Interior Secretary Doug Burgum (L), U.S. Defense Secretary Pete Hegseth (2nd-L) and U.S. Attorney General Pam Bondi (R), speaks during a news conference in the James S. Brady Press Briefing Room of the White House August 11, 2025 in Washington, DC. Trump announced he will use his authority to place the DC Metropolitan Police Department under federal control to assist in crime prevention in the nation's capital, and that the National Guard will be deployed to DC. (Photo by Andrew Harnik/Getty Images)
President Donald Trump, accompanied by Interior Secretary Doug Burgum, Defense Secretary Pete Hegseth and Attorney General Pam Bondi, speaks during a news conference in the James S Brady Press Briefing Room of the White House, August 11, 2025, in Washington, DC (Andrew Harnik/Getty Images)

SNAP benefits were covered for October, the first month of the shutdown, but at the end of that month, USDA warned that November payments would not go out, saying "the well has run dry," blaming Democrats for the lapse.

Two lawsuits, filed in Rhode Island and Massachusetts just before November 1, sought to compel the Trump administration to resume full SNAP disbursements.

Following one of the cases, the USDA briefly allowed partial payments, and last week a federal judge ordered the government to restore full benefits for November.

KUALA LUMPUR, MALAYSIA - OCTOBER 26: U.S. President Donald Trump holds a bilateral meeting with Brazil's President Luiz Inácio Lula da Silva (not in frame) at Kuala Lumpur Convention Centre on October 26, 2025 in Kuala Lumpur, Malaysia. Trump is in Malaysia for the Association of Southeast Asian Nations (ASEAN) summit, and will next travel to Japan, en route to South Korea for the Asia-Pacific Economic Cooperation (APEC) forum. (Photo by Andrew Harnik/Getty Images)
President Donald Trump holds a bilateral meeting with Brazil's President Luiz Inácio Lula da Silva (not in frame) at Kuala Lumpur Convention Centre on October 26, 2025, in Kuala Lumpur, Malaysia (Andrew Harnik/Getty Images)

Several states began issuing those payments almost immediately.

But the Supreme Court’s decision halted the process, prompting Saturday’s memo demanding states “undo” the transactions, even as the USDA provided no details on how to recover funds already distributed to millions of households.

U.S. President Donald Trump listens during a Cabinet meeting at the White House on February 26, 2025 in Washington, DC. Trump is holding the first Cabinet meeting of his second term, joined by Tesla and SpaceX CEO Elon Musk, head of the Department of Government Efficiency (DOGE). (Photo by Andrew Harnik/Getty Images)
President Donald Trump listens during a Cabinet meeting at the White House on February 26, 2025, in Washington, DC (Andrew Harnik/Getty Images)

States push back as governors vow to defy order

The USDA’s latest move drew swift backlash from Democratic governors, who said that they would not claw back money already credited to families’ food stamp accounts.

California Governor Gavin Newsom said that JD Vance and Donald Trump are "playing politics with food assistance for the poor." 



Massachusetts Governor Maura Healey said recipients should “continue to spend their funds,” adding that her state would take the Trump administration to court if it tried to penalize Massachusetts for preventing hunger.

“If President Trump wants to penalize states for preventing Americans from going hungry, we will see him in court,” Healey said on Sunday.

“These funds were processed in accordance with guidance we received from the Trump Administration and a lower court order,” she added.



Wisconsin Governor Tony Evers was even more blunt. He gave a one-word statement- "No."

"Our administration is actively in court fighting against the Trump Administration’s efforts to yank food assistance away from Wisconsin’s kids, families, and seniors,” Evers added. “We are eager for the court to resolve this issue.”

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