States that dispersed full benefits to SNAP recipients over the weekend don't have to try to get the money back, a federal judge ordered Nov. 10.
A flurry of court rulings in the last several days have led to confusion and frustration for the tens of millions of Americans waiting on final word on when they will receive the federal food aid they rely on.
U.S. Judge Indira Talwani of Massachusetts blocked a Saturday, Nov. 8 order from the USDA that said states needed to claw back any November benefits distributed before a Supreme Court ruling the previous evening.
"What you have right now is a confusion of the agency's own making," Talwani said in court.
In complying with a Rhode Island federal judge's order to provide full November benefits, the US Department of Agriculture told states in a Nov. 7 memo that it was sending the money over. Hours later, the Trump administration received a temporary stay from the Supreme Court, but more than a dozen states had already distributed money to millions of Americans.
Late Saturday evening USDA demanded in a separate memo that states retrieve any money they had distributed. The agency ordered states to stop paying full food aid benefits saying in the memo they were "unauthorized" to provide the full amount and must instead provide only partial funding.
"States must immediately undo any steps taken to issue full SNAP benefits for November 2025," the memo said.
But a number of states asked Talwani, the judge in the Massachusetts case they had brought against the government, to block the USDA from following through on the threat.
She agreed. "It seems to me that the states acted fairly reasonably to follow your November 7th guideline, even if there is a mistake here," she said.
At least 17 states had already released the full benefit amount, according to research by the Food Research and Action Center. On the list are several plaintiffs in the Massachusetts case, including California, Michigan, New York and New Jersey.
Talwani pointed out that the guidance issued by USDA doesn't mention an appeal, or a potential stay, and does not tell states not to give out the money.
"It doesn't say 'don't do anything because we're appealing it and that we're seeking a stay,'"Talwani said.
DOJ lawyer Tyler Becker argued that the states knew that the Trump administration was appealing the Rhode Island decision and should have waited to find out the result before giving people the food aid.
"States decided to jump the gun," he said.
Michelle Pascucci, state trial attorney for the Massachusetts Attorney General's office, said that USDA could have issued another guidance memo when the Supreme Court's stay took effect.
"They could have sent that correction at any point in (the) 24 hours between the administrative stay at the Supreme Court and … the 10:30 e-mail that went out on Saturday evening," she said.
Talawani questioned how USDA expected states to get money back from SNAP recipients who may have already spent it, and said the administration should have come to the courts rather than "sending threatening letters on a Saturday night."
First SNAP disruption in 60 years
In late October, USDA announced that November benefits from the Supplemental Nutrition Assistance Program, known as SNAP, were not available during the government shutdown. It said it did not believe it was legally allowed to use a contingency fund Congress created, although the fund has been used to provide benefits during previous shutdowns.
That decision led to the first disruption of food benefits in SNAP's more than 60-year history.
The U.S. Senate reached a tentative agreement on Nov. 9 aimed at reopening the federal government and funding several agencies and programs, including food aid.
The agreed-to deal, which was struck with eight Senate Democrats, would reopen the government until Jan. 30 and fund SNAP through September 2026 at higher levels.
The Senate could vote to approve the deal as soon as the evening of Monday, Nov. 10. The House is expected to vote later in the week.
Sarah D. Wire, a Senior National Political Correspondent with USA TODAY, can be reached at swire@usatoday.com.
This article originally appeared on USA TODAY: Federal judge says states don't have to claw back November SNAP benefits
Reporting by Sarah D. Wire, USA TODAY / USA TODAY
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