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Court grants TRO halting USDA reversal of SNAP disbursements

PHOENIX Attorney General Mayes won a court order Monday morning, November 10, which temporarily blocks the Trump administration from reversing the disbursement of Supplemental Nutrition Assistance Program (SNAP) benefits and punish states that release them. Attorney General Mayes and 24 other attorneys general and governors filed an emergency motion for a Temporary Restraining Order (TRO) Sunday night after the Trump administration sent states an alarming late-night memo directing them to “immediately undo” the release of SNAP benefits.

In a Saturday night letter, the U.S. Department of Agriculture (USDA) ignored its own prior guidance and threatened that the release of full November benefits would be considered “unauthorized.” Several states, including New York, had already begun issuing these benefits in accordance with USDA’s Friday memo stating that the agency would soon release full funding. 

This morning, Judge Talwani issued an order granting the temporary restraining order requested by the states.

“In processing full SNAP benefits for November, Arizona was following USDA’s own guidance as well as a court order,” said Attorney General Mayes. “The Trump administration’s cruel and chaotic attempt to undo their earlier guidance continues to confuse and harm families who need access to their SNAP benefits to feed themselves and their families. We will keep fighting in court to ensure Arizonans have access to food.”

Background:

On November 7, after the U.S. District Court for the District of Rhode Island ordered USDA to make full SNAP benefits available to the states, USDA informed states that it was complying with the Court’s order and completing the processes necessary to make full SNAP benefits available. As a result of the Court’s order and USDA’s guidance, Massachusetts and other states took action to authorize the release of full SNAP benefits for their residents.  

One day later, after successfully filing an emergency application with the Supreme Court to block the lower court’s order, USDA abruptly demanded that states “undo” the efforts taken to administer full SNAP benefits. The federal government threatened to hold states financially liable for taking steps to process full benefits for their residents.

In their motion for a temporary restraining order, the coalition argues that USDA has once again placed impossible burdens on states and that the November 8 directive must be enjoined.  

Joining Mayes in submitting the amended motion were the attorneys general of California, Minnesota, Colorado, Connecticut, Delaware, the District of Columbia, Hawaiʻi, Illinois, Maine, Maryland, Massachusetts, Michigan, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, and Wisconsin, along with the governors of Kansas, Kentucky, and Pennsylvania. 

A copy of Sunday night’s filing is available here.