US President Donald Trump's administration is demanding states "undo" full SNAP benefits paid out under judges' orders last week, now that the US Supreme Court has stayed those rulings — marking the latest swing in a seesawing legal battle over the anti-hunger programme used by 42 million Americans.
The demand from the US Department of Agriculture came as more than two dozen states warned of "catastrophic operational disruptions" if the Trump administration does not reimburse them for those SNAP benefits they authorised before the Supreme Court's stay.
Non-profits and Democratic attorneys-general sued to force the Trump administration to maintain the programme in November despite the ongoing government shutdown. They won favourable rulings last week, leading to the swift release of benefits to millions in several states, and the Trump administration belatedly said the programme could continue.
On Friday night, however, Justice Ketanji Brown Jackson temporarily paused the two rulings ordering the SNAP disbursement while the nation's highest court considered the Trump administration's appeal. That led the Department of Agriculture on Saturday to write to state SNAP directors warning that it now considers payments under the prior orders "unauthorised".
States could face penalties for paying benefits
"To the extent States sent full SNAP payment files for November 2025, this was unauthorised," Patrick Penn, deputy undersecretary of Agriculture, wrote to state SNAP directors. "Accordingly, States must immediately undo any steps taken to issue full SNAP benefits for November 2025."
Penn warned that states could face penalties if they did not comply. It was unclear if the directive applies to states that used their own funds to keep the programme alive or to ones relying entirely on federal money. The Department of Agriculture did not immediately respond to a request for comment.
In a filing in federal court on Sunday, the agency said states moved too quickly and erroneously released full SNAP benefits after last week's rulings.
US Senator Lisa Murkowski of Alaska, a Republican, on Sunday called the directive "shocking" if it applies to states, like hers, that used their own money to prop up the programme.
"It’s one thing if the federal government is going to continue its level of appeal through the courts to say, no, this can’t be done," Murkowski said. "But when you are telling the states that have said this is a significant enough issue in our state, we’re going to find resources, backfill or front load, whatever term you want, to help our people, those states should not be penalised."
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'We will see him in court'
Democratic Governor Maura Healey of Massachusetts said SNAP benefits were processed and placed on EBT cards before the US Supreme Court order on Friday night, in line with the previous guidance from the USDA. She said that if Trump attempts to claw back the money, "we will see him in court".
"Massachusetts residents with funds on their cards should continue to spend it on food," she said in a statement on Sunday. "President Trump should be focusing on reopening the government that he controls instead of repeatedly fighting to take away food from American families."
Democrats have hammered Trump for targeting the anti-hunger programme during the government shutdown, contending the administration could have maintained it even with other parts of the government idle. As senators worked through the weekend on a deal to end the stalemate, their bipartisan package of agreed-upon measures to keep open some aspects of government included full funding of SNAP programmes and a provision that would ensure reimbursements for expenditures made during the shutdown.
More than two dozen states represented by Democratic attorneys-general on Saturday warned in a court filing that, even before the Supreme Court put the rulings on hold, the Trump administration was refusing to reimburse them for those legally ordered SNAP payments.
Four different directives in six days
Wisconsin, for example, loaded benefits onto cards for 700,000 residents once a judge in Rhode Island ordered the restoration of benefits last week, but after the US Treasury froze its reimbursements to the state, it anticipates running out of money by Monday, Democratic Governor Tony Evers' administration warned in a lengthy statement on Sunday.
The lack of money could leave vendors unpaid and trigger escalating legal claims, the states warned. "States could face demands to return hundreds of millions of dollars in the aggregate," the states' filing at the 1st Circuit Court of Appeals says.
That situation "would risk catastrophic operational disruptions for the States, with a consequent cascade of harms for their residents," the filing concludes.
Evers issued a quick response to the Trump administration’s demand to undo the payments. "No," the governor said in a statement.
"Pursuant to and consistent with an active court order, Wisconsin legally loaded benefits to cards, ensuring nearly 700,000 Wisconsinites, including nearly 270,000 kids, had access to basic food and groceries," Evers said. "After we did so, the Trump administration assured Wisconsin and other states that they were actively working to implement full SNAP benefits for November and would 'complete the processes necessary to make funds available.' They have failed to do so to date."
Governor Wes Moore of Maryland said in an interview on CBS on Sunday that "in the past six days, we've received four different measures of guidance" from the Trump administration. He fumed over the latest that threatened to punish states that paid the full benefits.
"There is a chaos, and it is an intentional chaos, that we are seeing from this administration," Moore said.
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