IMPACT FUND AND WESTERN CENTER ON LAW AND POVERTY SECURE MOMENTOUS WIN FOR 40 MILLION SNAP RECIPIENTS

For Immediate Release - September 21, 2023

Contacts: Monika Lee, MLee@wclp.org | Ashley LaFranchi, alafranchi@impactfund.org

California - Millions of Americans with low incomes will now receive their food benefits without delay during the first month of a potential federal government shutdown, thanks to the government’s response to a nationwide class action brought by Western Center on Law and Poverty and Impact Fund. The USDA has committed to changing its accounting practice to now guarantee that over 40 million people will receive their SNAP benefits in October, beginning this year and continuing every year moving forward - regardless of a government shutdown.

Previously, in the face of a government shutdown, benefits were only guaranteed through September, the end of the federal government’s fiscal year. This meant that each year people were unsure if they would receive life saving and hunger averting benefits unless Congress passed a budget.

SNAP recipients, represented by Western Center on Law and Poverty and the Impact Fund, filed suit in federal court in San Francisco on September 12, 2023, against the heads of the United States Department of Agriculture (USDA) and the Office of Management and Budget (OMB). The suit, Erdmann-Browning v. Vilsack, seeks to prevent any delays in providing SNAP (formerly food stamps) benefits if the government shuts down. Congress has still not passed a series of appropriations bills or a continuing resolution funding the government ahead of the September 30th deadline.

On September 19, the parties filed papers in court stating that the USDA has changed its accounting practices so that it funds benefits in advance of the month the benefits are available to households. This means that the existing SNAP appropriation was already available to fund the October SNAP benefits. This change is consistent with the federal definition of when federal funds are legally obligated.

Congressional political games continue to harm millions of people. The latest numbers from the Census Bureau show a staggering jump in poverty since the end of federal, state, and local pandemic protections. The poverty rate increased to 12.4 percent in 2022 up from 7.8 percent in 2021, “the largest one-year jump on record.” A combination of inflation, stagnated wages, increasing housing costs, and the end of pandemic era cash supplements has exacerbated the challenges people with low incomes face to make ends meet. 

“Today, we celebrate this important victory for over 40 million Americans who will now rest easy knowing their October benefits are guaranteed for the first time ever. However, we keep finding ourselves in this precarious situation year over year,” said Jodie Berger, senior attorney at Western Center on Law and Poverty. “It is important that every advocate, non-profit, food bank, elected official, and agency join hands to underscore the importance of food access and nutrition for the health, well-being, and more of our communities.”

“Millions of Americans, many of whom are seniors, children, and people with disabilities, will now have a better sense of where their next meal is coming from this October. Food insecurity, lack of access to food, and hunger are preventable, as we saw during the height of the pandemic when policymakers moved swiftly to protect people,” said Lindsay Nako, Director of Litigation and Training at the Impact Fund. “Elected officials must move with speed and urgency again, because hunger is already at crisis levels and food banks continue to be overwhelmed.”

The work is not yet over. Stalemates in Congress and extended negotiations will continue to impact over 40 million SNAP recipients who represent about 10% of Americans, who face uncertainty this November and in subsequent months if Congress does not pass a series of appropriations bills or a continuing resolution.

ENDS

The Impact Fund uses impact litigation to support social justice for communities seeking justice and provides legal support for lawyers through grants, co-counsel and training events. For more information, visit https://www.impactfund.org/

Western Center on Law & Poverty fights in courts, cities, counties, and in the Capitol to secure housing, health care, and a strong safety net for Californians with low incomes, through the lens of economic and racial justice. For more information, visit www.wclp.org.

What Is A Class Action?

A class action is a type of lawsuit in which one or more individuals sue on behalf of a larger group of people to obtain legal remedies like an injunction, a declaration that a law or practice is unconstitutional, or damages.