SNAP Emergency Funds Legality Questioned During Government Shutdown

House Speaker Mike Johnson from Louisiana indicated on Monday that funds meant for the Supplemental Nutrition Assistance Program (SNAP) cannot be used to support benefits during the government shutdown.

During his press briefing, Johnson referenced a legal analysis from the Trump administration. This analysis suggested that emergency funds are not available for the upcoming funding shortfall, as they are considered “finite” and should have been set aside in advance.

When questioned about the potential to access billions allocated by Congress for emergencies, Johnson mentioned he had a summary of the legal findings and stated, “It seems justified to me.” He further explained, “At this time, no emergency funds are legally available to cover benefits. The reason is that it’s a finite source of funding, allocated by Congress. Moving money from other sources could impact funds for school lunches and infant formula—there’s a trade-off.”

He added that the reserve funds require prior allocation, which Democrats impeded by rejecting a straightforward continuing resolution.

The United States Department of Agriculture (USDA) has reserved over $5 billion in emergency funds for SNAP, yet the agency announced it would not utilize these funds if the shutdown extends past October 31. This decision appears aimed at pressuring Senate Democrats to support a Republican plan to reopen the government.

The USDA clarified that the current shutdown doesn’t qualify for using these emergency funds, which are intended for unexpected events like natural disasters and were established by Democrats. They noted in a statement that using these funds for SNAP during the shutdown would be illegal.

This stance runs counter to a plan the USDA had previously outlined, which claimed they were legally obligated to provide SNAP benefits during a shutdown. That plan has since been retracted.

Democrats criticized this decision, with House Majority Leader Hakeem Jeffries from New York stating, “The Trump administration’s willfully taking food out of the mouths of 42 million children, seniors, and veterans is an abhorrent dereliction of duty.”

In response, Johnson aimed to redirect responsibility, asserting that funding for SNAP could happen if Democrats cooperated with the Republicans’ proposal to reopen the government. “There are only a few ways to stop this immediately. We need five more Democrats in the Senate to do the right thing. They need to wake up and reject this far-left pressure and do what’s right for the 42 million Americans reliant on this vital nutrition assistance,” Johnson argued during the news conference.