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States sue to stop Trump’s SNAP cuts


Fourteen states, including California, filed suit Jan. 16 against the Trump administration to block a rule that would eliminate food stamps for an estimated 688,000 Americans.

“No one should have to choose between a hot meal and paying their rent,” California Attorney General Xavier Becerra said in a statement. “Yet again, the Trump Administration has failed to offer any legitimate evidence to justify decisions that have real consequences for the health and well-being of our residents.”

The states plus Washington, D.C., and New York City are claiming that the Trump administration failed to follow the steps required to enact such a far-sweeping rule.

The new rule, scheduled to go into effect on April 1, requires that adults without children must work at least 20 hours per week to consistently receive food stamps. In California, that will initially affect about 400,000 Californians, or 11 percent of people currently getting food stamps, according to the state Department of Social Services.

The social services agency and county welfare departments are scrambling to prepare people who might lose their monthly grocery money from the federal Supplemental Nutrition Assistance Program, known as SNAP or CalFresh here. Meanwhile, state lawmakers are floating possible work-arounds that could blunt the edge of the federal cuts.

Under current federal law, able-bodied adults under the age of 50 with no dependent children must either be working at least 20 hours a week or in vocational training to get food stamps consistently. Otherwise, they can only receive three months of the benefit every three years.

For a decade, states and counties have gotten that limit waived by demonstrating that the local labor market made it hard for people to find jobs.

The new federal rule makes that waiver much more elusive in most of the state. A city or county must have an unemployment rate of at least 6% to qualify. California closed 2019 with a statewide unemployment rate of just under 4 percent.

An estimated 40 California counties would be subject to the 20-hour work requirement starting April 1.

When he announced the rule in December, U.S. Agriculture Secretary Sonny Perdue said it will restore the original intent of food stamps: “self-sufficiency.”

“We need to encourage people by giving them a helping hand but not allowing it to become an indefinitely giving hand,” Perdue said in a statement.

But anti-poverty advocates reject the claim that limiting food stamps will encourage people to work more, citing evidence that food stamp work requirements have failed in other places. The initial proposal spurred more than 140,000 public comments, with many calling the policy outdated and cruel.

The Trump administration says the rule would shave $5.5 billion off the federal budget over five years. Critics counter that each food stamp dollar translates to $1.54 in economic activity, according to U.S. Department of Agriculture calculations.

The attorneys general who are filing suit say the rule violates the Administrative Procedure Act, a federal law that lays out steps, including notification of the public and comment periods, required to make new rules. The Trump administration did not adequately assess the impact of the rule, or how to mitigate its effects, the suit claims.

Plus, the states argue that the rule defies long-standing policy and the original intent of the work requirement law by eliminating the states’ ability to decide whether childless adults must work given local labor markets conditions.

“The Rule unequivocally runs afoul of Congress’s intent to ensure food security for low-income individuals and to permit States, who have a better understanding of their labor markets and economic conditions, to apply for waivers and use exemptions where local or individual circumstances warrant relief,” the lawsuit states.

In the first year, more than 55,000 Californians are expected to lose the benefit, according to Becerra’s office. The lawsuit claims that women and people of color would be most affected because they face higher barriers to employment.

Other groups at risk of losing their food stamps include people experiencing homelessness, veterans, people recently out of jail or prison and former foster youth.

For some, having to provide proof of working 20 hours per week may become a roadblock.

“They will have to go through a lot of hurdles to verify eligibility,” Bartholow said. “A lot of people don’t work in places that regularly provide a printed time-sheet.”

This is the first of three Trump proposals to cut food stamps. All are part of a broader set of policies aimed at reducing the country’s social safety net.

Another food stamp proposal would restrict the ability of states to raise the eligibility limit on income and assets, as California has done. The other would set a national standard for deducting utility costs from a household budget to determine food stamp eligibility.

If all three rules go into effect, an estimated 3.7 million Americans, including about 625,700 Californians, would lose food stamps, according to an Urban Institute study.

State and county officials are reaching out to all recipients subject to the new requirements, alerting them of the change and getting as many as possible into local employment and training programs. Through those programs, affected adults can keep their CalFresh benefits.

Jackie Botts is a journalist at CalMatters. This article is part of The California Divide, a collaboration among newsrooms examining income inequity and economic survival in California.