21 States Sue to Block USDA From Collecting SNAP Data

The federal government could use the collected data for deportation purposes, the lawsuit said.

A sign alerting customers about SNAP food stamps benefits is displayed in a grocery store in Brooklyn, N.Y., on Dec. 5, 2019. Scott Heins/Getty Images

A coalition of 21 states and the District of Columbia sued the U.S. Department of Agriculture (USDA) over its efforts to make states hand over personal data of Supplemental Nutrition Assistance Program (SNAP) beneficiaries, according to a July 28 lawsuit filed at the District Court for the Northern District of California, San Francisco Division.

The lawsuit stems from a March 20 executive order signed by President Donald Trump asking agency heads to take actions to ensure the federal government has “unfettered access to comprehensive data from all state programs that receive Federal funding.”

On May 6, USDA sent a letter to states, notifying them that it was working to obtain SNAP data from state agencies and their contractors.

USDA said it intends to use the collected data to ensure the integrity of the SNAP program, “including by verifying the eligibility of benefit recipients.”

In the July 28 lawsuit, states said USDA had asked for a wide range of personally identifiable information of SNAP beneficiaries, including names, dates of birth, social security numbers, personal addresses, and total benefits received since January 2020. SNAP is a federally funded program administered at the state level.

While USDA cited statutes and regulations to justify the SNAP data collection, “none of them authorize such a sweeping demand for personal information on SNAP applicants and recipients, especially without any protections or restrictions on the use or disclosure of that data,” the lawsuit said.

Citing exhibits submitted with the lawsuit, the plaintiffs said state agencies have been asked to transfer SNAP data to USDA’s Food and Nutrition Service no later than July 30.

The lawsuit argued that plaintiff states are obligated to keep personally identifiable information of SNAP applicants and recipients “strictly confidential.” State and federal laws prohibit the plaintiffs from disclosing such information unless “strictly necessary for the administration of the program, or other limited circumstances exist.”

Meanwhile, the federal government has threatened to start noncompliance procedures against states not complying with the SNAP data transfer requirement, “which could include withholding administrative funding” for the SNAP program,” according to the lawsuit.

“Any delay in that funding could be catastrophic for the State and the residents who rely on SNAP to meet their basic nutritional needs,” the lawsuit added.

The plaintiffs alleged that the true purpose of the federal government’s SNAP data collection was not to ensure the program’s integrity, but to use the information to “advance the President’s agenda on fronts that are wholly unrelated to SNAP program administration.”

It alleged the Department of Government Efficiency (DOGE) has been amassing data from state and federal sources to build a searchable database of citizens and noncitizens that could be used to “locate and deport people the administration wishes to remove from the United States.”

The Trump administration is pushing ahead with its efforts to deport illegal immigrants from the country, including eliminating federal benefits to such people.

SNAP data collection by the federal government is expected to ensure that “Americans in need receive assistance, while at the same time safeguarding taxpayer dollars from abuse,” USDA said in its May 6 letter.

In the July 28 lawsuit, the states asked the court to issue a judicial declaration that USDA’s demands are unlawful and that any SNAP data collected from states may not be used for non-SNAP-related purposes. Out of the 21 states in the lawsuit, 20 have governors who are Democrats.

Rightful Request

In the May 6 letter to states, USDA justified the collection of SNAP data, highlighting that at present, each state, district, territory, and payment processor manages such data discretely, thus creating information silos.

USDA is working to eliminate such information silos to “confirm that SNAP is being administered appropriately and lawfully,” it said.

California Attorney General Rob Bonta, who is leading the lawsuit, criticized the federal government’s push to access SNAP data in a July 28 statement from his office.

“This unprecedented demand that states turn over SNAP data violates all kinds of state and federal privacy laws and further breaks the trust between the federal government and the people it serves,” he said.

“The President doesn’t get to change the rules in the middle of the game, no matter how much he may want to.”

Bonta said the states would “not comply” with the demand and they would “see the President in court.”

In a May 6 USDA statement, Agriculture Secretary Brooke L. Rollins said that the president has the right to request SNAP data from states.

“President Trump is rightfully requiring the federal government to have access to all programs it funds,” she said.

“And SNAP is no exception. For years, this program has been on autopilot, with no USDA insight into real-time data. The Department is focused on appropriate and lawful participation in SNAP, and today’s request is one of many steps to ensure SNAP is preserved for only those eligible.”

A similar case had previously swung in the Trump administration’s favor. In May, a federal judge declined to block the IRS from sharing data with immigration authorities.

The case, filed by two groups, argued that the IRS was unlawfully allowing Homeland Security to use the confidential tax data to locate and deport illegal immigrants.

However, the court rejected these arguments, highlighting that the terms of the memorandum of understanding between the two agencies do not violate any data-sharing requirements in federal law.