WASHINGTON — President Donald Trump's administration is changing its tune on tapping into a contingency fund to pay for Supplemental Nutrition Assistance Program benefits, with roughly 42 million low-income Americans set to lose access to the benefits on Nov. 1.

After the administration argued it could not keep the benefits flowing during the shutdown, Trump said he'd instructed executive branch lawyers to find out how the federal government can legally fund SNAP as soon as possible.

"It is already delayed enough due to the Democrats keeping the Government closed through the monthly payment date and, even if we get immediate guidance, it will unfortunately be delayed while States get the money out," Trump wrote on Truth Social. "If we are given the appropriate legal direction by the Court, it will BE MY HONOR to provide the funding, just like I did with Military and Law Enforcement Pay."

His comments came after judges in Massachusetts and Rhode Island ruled the administration could not stop funding SNAP benefits amid the protracted government shutdown. They gave the administration until Nov. 3 to report back. The judges indicated the administration could authorize a reduction in benefits or shift around money to fund the program.

The Agriculture Department had previously said that a $5.25 billion contingency fund could be used to continue the food aid. But the department reversed itself amid a standoff with Senate Democrats, who have demanded the restoration of large cuts to healthcare benefits to reopen the government.

Agriculture Secretary Brooke Rollins said at a Friday morning press conference that the contingency fund could not be used while the government was shut down. And even if it could, Rollins said the money wouldn't be enough to cover the $9.2 billion that's needed to keep the program going in November, mirroring arguments made in court by the Justice Department.

House Speaker Mike Johnson had called the litigation to use the contingency money "frivolous" at the news conference with Rollins. He said it was meant to serve as a Democratic talking point.

"I believe they know for a fact that what they file in court is false," Johnson said. "They're using the people as pawns in this game."

The federal government shutdown on Oct. 1 after Republicans and Democrats could not agree on legislation to keep it open. Republicans want to pass a short-term bill that continues existing funding, while Democrats have pushed for legislation that restores nixed healthcare benefits.

If the shutdown lasts until Tuesday, it will tie for the longest-ever. A record-breaking shutdown in 2019 ended after 35 days of gridlock. Follow along with USA TODAY for the latest updates.

Why is there a government shutdown?

Large segments of the federal government shut down on Oct. 1 because Congress failed to pass a new spending bill to fund the government.

The congressional fight centered on health care. Democrats wanted a bill that would extend subsidies that reduce health insurance premiums for millions of Americans. The subsidies are set to expire at the end of 2025.

– Aysha Bagchi

Will federal employees get back pay?

A law passed in 2019 is widely understood to guarantee back pay after a shutdown ends for both furloughed workers and workers who have to work without pay. However, President Donald Trump has threatened not to pay everyone under that law, saying on Oct. 7 some people "don't deserve to be taken care of."

A new White House memo is arguing that the 2019 law has been misconstrued, according to Axios. The memo focuses on a phrase in an amended version of the law that says furloughed workers shall be compensated "subject to the enactment of appropriations Acts ending the lapse."

– Aysha Bagchi, Joey Garrison, and Zac Anderson

Trump changes his tune on SNAP

Speaking to reporters on Air Force One on Friday, Trump suggested that SNAP beneficiaries were mostly Democrats.

"When you talk about SNAP, you're talking about, largely, Democrats. But, I'm president, I want to help everybody. I want to help Democrats and Republicans. But when you're talking about SNAP, if you look, it's largely Democrats. They're hurting their own people," Trump said.

Hours later, Trump took a different approach. "I do NOT want Americans to go hungry just because the Radical Democrats refuse to do the right thing and REOPEN THE GOVERNMENT," he said on social media.

He said SNAP beneficiaries should call Senate Democrats and tell them to reopen the government.

Trump put pressure on Republicans the day before to get rid of the Senate filibuster to override Democrats' blockade and pass legislation with a simple majority.

Americans feeling the pain

Federal workers have been feeling the pain for weeks, with their paychecks withheld during the federal squabble. But the pain is extending to millions of other Americans as the government begins Day 32 of the shutdown.

About 64,000 Transportation Security Administration employees and 13,000 air traffic controllers ‒ considered "essential" workers ‒ are working without pay, which Trump officials say could lead to travel disasters around the Thanksgiving holiday.

Nov. 1 is also the first day of open enrollment for the Affordable Care Act. Millions of Americans will find out how much they will be expected to pay in 2026 for health insurance. Government-funded subsidies that help off-set the costs of the program are set to expire at the end of the year. Democrats are pushing for the enhanced assistance to continue as one of their demands to reopen the government.

Contributing: Bart Jansen

This article originally appeared on USA TODAY: SNAP in limbo as government shutdown hits Day 32. Live updates

Reporting by Francesca Chambers and Aysha Bagchi, USA TODAY / USA TODAY

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