October 28, 2025

25 States Plan to Cut Off Food Stamps in November. Is this Legal?

The short answer is no.

Alleged Threat – SNAP Benefits End November 1

SNAP stands for Supplemental Nutrition Assistance Program, widely known as food stamps.

Politico reports At Least 25 States Plan to Cut Off Food Aid Benefits in November

Millions of low-income Americans will lose access to food aid on Nov. 1, when half of states plan to cut off benefits due to the government shutdown.
Twenty-five states told POLITICO that they are issuing notices informing participants of the Supplemental Nutrition Assistance Program — the nation’s largest anti-hunger initiative — that they won’t receive checks next month. Those states include California, Arkansas, Hawaii, Indiana, Mississippi and New Jersey. Others didn’t respond to requests for comment in time for publication.
USDA’s Food and Nutrition Service recently told every state that they’d need to hold off on distributing benefits until further notice, according to multiple state agencies.
“We just can’t do it without the government being open,” said Agriculture Secretary Brooke Rollins in a NewsNation interview Tuesday. “By Nov. 1, we are very hopeful this government reopens and we can begin moving that money out. But right now, half the states are shut down on SNAP.”

Lie of the Day?

The Center on Budget and Policy Priorities says Trump Administration Is Legally Required to Provide SNAP in Shutdown, Contrary to Its Claims

Statement of Sharon Parrott, CBPP President and former Office of Management and Budget (OMB) official, on Agriculture Secretary Brooke Rollins’ false claim that the Trump Administration cannot provide November SNAP benefits during the shutdown.

The Administration itself admits these reserves are available for use. It could have, and should have, taken steps weeks ago to be ready to use these funds. Instead, it may choose not to use them in an effort to gain political advantage.

Secretary Rollins’ claim that the Trump Administration is unable to deliver November SNAP benefits during a shutdown is unequivocally false. In fact, the Administration is legally required to use contingency reserves — billions of dollars that Congress provided for use when SNAP funding is inadequate that remain available during the shutdown — to fund November benefits for the 1 in 8 Americans who need SNAP to afford their grocery bill.
Also, the Administration could use its legal transfer authority — the same authority it already used to provide additional funds to WIC — to supplement the contingency reserves, which by themselves are not enough to fund families’ full benefits.

My Conversation with Grok

Mish: Is this claim correct?: “Trump Administration Is Legally Required to Provide SNAP in Shutdown.”

Grok: Yes, the claim is correct. The Trump administration is legally required to provide Supplemental Nutrition Assistance Program (SNAP) benefits during the ongoing government shutdown, contrary to its public statements suggesting otherwise. This obligation stems from SNAP’s status as an “appropriated entitlement” under the Food and Nutrition Act of 2008 (as amended), which mandates benefits for eligible individuals regardless of annual appropriations lapses. The administration’s assertions that funding will inevitably run out by November 1, 2025—potentially affecting 42 million recipients—misrepresent available legal mechanisms and contingency funds that must be utilized.

Legal Requirements

Entitlement to Benefits: Eligible individuals are entitled to SNAP benefits by law (7 U.S.C. § 2011 et seq.). If funds are insufficient for full allotments, the Secretary of Agriculture must prorate benefits proportionally across all recipients, not halt them entirely. This process has never been invoked in prior shutdowns.

Reserves: SNAP’s contingency fund holds ~$6 billion in multi-year reserves (from FY2024–2025 appropriations), covering ~75% of November’s ~$8 billion cost. Law requires these to be released “when regular funding runs short” (Agriculture Appropriations Acts, e.g., P.L. 118-42).

Permanent Appropriation Debate: Some interpretations (e.g., via Food and Nutrition Act) view SNAP as having a permanent appropriation, exempt from shutdowns like Social Security. GAO has ruled similarly for entitlements.

State Processing: States must continue accepting and processing SNAP applications during shutdowns (SNAP regulations, 7 C.F.R. § 273.2). Federal reimbursements for admin costs (50% in FY2026) can draw from contingencies.

Key Legal and Factual Basis

SNAP benefits are not purely discretionary spending; they are entitlements backed by permanent or multi-year authorities that survive short-term funding gaps like shutdowns.

In summary, while full funding requires congressional action to end the shutdown, the administration must deploy contingencies and prorate if needed—making full stoppage illegal. This aligns with nonpartisan analyses from CBPP, FRAC, and Reuters, outweighing administration spin. For updates, monitor USDA’s site or state human services departments.

Legalities? Who Cares?

If the shutdown goes on long enough nothing gets paid. The very last item on the list would be interest on debt.

Meanwhile, legalities are for mere mortals, not those who view themselves as above the law.

Day 23 of the Shutdown Recap

The Hill notes Democrats vote down bill to pay some federal workers amid shutdown

The Senate on Thursday failed to approve a bill which would pay some federal employees, including service members, as the government shutdown stretches into its fourth week.
The plight of military families has been central to the GOP’s shutdown strategy, and Republican leaders hoped to put Democrats on the spot with the bill sponsored by Sen. Ron Johnson (R-Wis.).
The upper chamber will not take up the House-passed funding bill to reopen the federal government on Thursday. Senate Republicans are divided over whether they should negotiate with Democrats on Affordable Care Act subsidies, the crux of the funding fight.

Reuters reports White House warns government shutdown could lead to holiday travel meltdown

The Trump administration and Republican leaders in Congress on Thursday warned that flight disruptions will increase as a government shutdown enters its 23rd day and controllers miss their first full paycheck.
Some 13,000 air traffic controllers and about 50,000 Transportation Security Administration officers must work without pay during the government shutdown. Controllers will miss their first full paycheck on Tuesday.
“We fear there will be significant flight delays, disruptions and cancellations in major airports across the country this holiday season,” White House Press Secretary Karoline Leavitt said. “If Democrats continue to shut down the government, they will also be shutting down American air travel.”
Democrats reject the contention that they are responsible and say it is President Donald Trump and Republicans who refuse to negotiate.
Air traffic control has become a flashpoint in the debate over the shutdown with both parties blaming the other. Unions and airlines have urged a quick end to the standoff.
“Football fans: if you are stuck in the airport this weekend while your favorite team is about to kick off, you can blame the Democrats,” Johnson said.
The FAA is about 3,500 air traffic controllers short of targeted staffing levels and many had been working mandatory overtime and six-day weeks even before the shutdown.

Not Completely Off the Table

In other unrelated but amusing news, the Hill notes Trump-Putin meeting ‘not completely off the table’.

“A meeting between these two leaders is not completely off the table,” press secretary Karoline Leavitt said. “But we want to make sure there’s a tangible, positive outcome out of that meeting.”

This is one of those Schrödinger’s Trump observations where something is simultaneously on and off the table.

Trump is shrinking government payrolls. And another big cut is coming.

October 10, 2025: 59% of Republicans and 82% of Independents Favor Extending Obamacare Subsidies

Three-quarters (78%) of adults say Congress should extend the enhanced tax credits for people who buy their own insurance through the ACA Marketplace.

October 19, 2025: Obamacare Growth Is Hugely in Red States but Showdown Continues