President Donald Trump’s administration cannot force states to hand over detailed information on people who have applied for or received aid from the Supplemental Nutrition Assistance Program, a judge said in a tentative ruling Friday.
San Francisco-based U.S. District Judge Maxine Chesney last year blocked the U.S. Department of Agriculture from requiring states to provide the data, including on the immigration status of people who receive benefits and applicants, after 22 states sued over the policy.
The department kept pushing for it, telling states in December that it would stop paying state administrative costs for the program if they didn’t comply. It also issued new protocols for securing the data, which the states rejected.
The federal government said the previous ruling did not apply to its latest demands.
Chesney said during a hearing Friday that she intends to issue an order that says the federal government cannot act on its letters to the states from last year.
The Trump administration contends that the information is needed to stamp out fraud and waste, which it asserts is a major problem in the nation’s biggest food aid program.
The states argued that the Agriculture Department could share the data with immigration enforcement authorities, which they say would be illegal.
SNAP is a major part of the U.S. social safety net, helping about 42 million Americans, about 1 in 8, buy groceries. People in the country illegally are not eligible for benefits.
Most states, including one that sued — Nevada — have complied with the federal government’s request. Kansas has not complied, but also has not joined the lawsuit. All the states involved in the lawsuit, besides Nevada, have Democratic governors.
The administration has not released detailed information on the data submitted by states, but says it shows higher levels of fraud than previously believed.
The battle over SNAP records is one of several areas where the administration has sought to cut off some federal funding to states led by Democrats, often in the name of preventing fraud.
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