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US President Donald Trump’s administration said it would provide reduced food aid to more than 42 million Americans as this week’s government shutdown heads into its longest without authorization.
The U.S. Department of Agriculture (USDA) said in a lawsuit that Americans receiving food assistance will receive half of their normal monthly allotment after the government withdrew emergency funding.
The judges gave the Trump administration until Monday to provide a plan for how it will pay Supplemental Nutrition Assistance Program (SNAP) benefits, also known as food stamps.
Funding for the program was in limbo because of the shutdown, which lasted more than a month.
While individual US states administer the benefits, the program relies on money from the federal government, which has not been funded and has been closed since October 1.
States will get clarity on how they will distribute the reduced funds by the end of the day on Monday.
Federal judges in Massachusetts and Rhode Island ruled that the USDA must use $5.25bn (£4bn) in emergency funds to make at least partial payments to Americans at Snap.
Snap is worth about $8 billion a month.
Both judges said the Trump administration could use the money set aside for contingencies to provide the benefits.
President Trump earlier said he had instructed government lawyers to ask the courts how the administration could legally fund Snap, adding: “Even if we get immediate guidance, unfortunately it will be delayed.”
On Sunday, Treasury Secretary Scott Bessent said in an interview with CNN that the president wants to hear from the courts on how to legally transfer money to fund Snap payments, but they could come as soon as Wednesday.
“There’s a process that needs to be followed,” Bessent said. “So we need to understand what the process is.”
Late last month, the USDA said it would not distribute food aid funds beginning Nov. 1 because of the shutdown, saying, “The well has run dry.”
Half the states and the District of Columbia sued the administration over the food aid freeze and argued they had a legal obligation to keep the program operating in their jurisdictions.
Separately, the cities and nonprofits also sued. Some states have said they will use their own money to fund Snap’s benefits.
Snap allows many low-income Americans to buy groceries. It provides them with reloadable debit cards that they can use to buy food.
A family of four earns an average of $715 per month, which breaks down to just under $6 per day per person.