WASHINGTON (AP) — President Donald Trump's administration warned on Tuesday that it will withhold money for administering SNAP food aid in most Democratic-controlled states starting next week unless those states provide information about people receiving the assistance.
Agriculture Secretary Brooke Rollins said at a Cabinet meeting Tuesday that the action is looming because those states are refusing to provide data the department requested such as the names and immigration status of aid recipients. She said the cooperation is needed to root out fraud in the program. Democratic states have sued to block the requirement, saying they verify eligibility for SNAP beneficiaries and that they never share large swaths of sensitive program data with the federal government.
States and the federal government split the cost of running SNAP, with the federal government paying the full cost of benefits. After Rollins’ remarks, a USDA spokesperson later explained that the agency is targeting the administrative funds — not the benefits people receive.
Twenty-two states and the District of Columbia previously sued over the request for information, which was initially made in February. A San Francisco-based federal judge has barred the administration, at least for now, from collecting the information from those states.
The federal government last week sent the states a letter urging compliance, but the parties all agreed to give the states until Dec. 8 to respond.
“We have sent Democrat States yet another request for data, and if they fail to comply, they will be provided with formal warning that USDA will pull their administrative funds,” the USDA said in a statement Tuesday.
Federal law allows the USDA to withhold some of the money states receive for administering SNAP if there's a pattern of noncompliance with certain federal regulations.
But “there’s never authority to withhold the SNAP benefits and, in this case, there’s also no authority to withhold the administrative funding,” said David Super, a law professor at Georgetown University who has studied the food aid program for several decades.
About 42 million lower-income Americans, or 1 in 8, rely on SNAP to help buy groceries. The average monthly benefit is about $190 per person, or a little over $6 a day.
Rollins has cited information provided by states that have complied, saying it shows that 186,000 deceased people are receiving SNAP benefits and that 500,000 are getting benefits more than once.
“We asked for all the states for the first time to turn over their data to the federal government to let the USDA partner with them to root out this fraud, to make sure that those who really need food stamps are getting them,” Rollins said, “but also to ensure that the American taxpayer is protected.”
Her office has not released detailed data, including on how much in benefits obtained by error or fraud are being used.
The USDA said Tuesday evening that 28 states and Guam have complied with the request for information. That list consists primarily of states with Republican governors, though North Carolina — which has a Democratic governor — also has complied.
Twenty-two states have sued to block the request.
Experts say that while there is certainly fraud in a $100 billion-a-year program, the far bigger problems are organized crime efforts to steal the benefit cards or get them in the name of made-up people — not wrongdoing by beneficiaries.
U.S. Rep. Jahana Hayes, a Connecticut Democrat who is a co-sponsor of legislation to undo recent SNAP changes, said Rollins is trying to make changes without transparency — or without a role for Congress — and that she is mischaracterizing the program.
“Individuals who are just trying to buy food, those aren’t the ones who are gaming the system in the way that the administration is trying to portray,” Hayes said in an interview on Tuesday before Rollins announced her intention.
The impact of states losing administrative funds for SNAP isn’t clear. But some advocates have warned that other policies that would shift more administrative costs to states could be so costly that some could drop out of SNAP entirely rather than absorb the extra costs. States cannot tap the money used for benefits to cover administrative costs.
The program is not normally in the political spotlight, but it has been this year.
As part of Trump's big tax and policy bill earlier in the year, work requirements are expanding to include people between the ages of 55 and 64, homeless people and others.
And amid the recent federal government shutdown, the administration planned not to fund the benefits for November. There was a back-and-forth in the courts about whether they could do so, but then the government reopened and benefits resumed before the final word.
In the meantime, some states scrambled to fund benefits on their own and most increased or accelerated money for food banks.
Mulvihill reported from Haddonfield, New Jersey. Reporters Sophie Austin in Sacramento, California; John Hanna in Topeka, Kansas; Michael Hill in Albany, New York; Steve Karnowski in Minneapolis; David A. Lieb in Jefferson City, Missouri; and Gary D. Robertson in Raleigh, North Carolina, contributed.
FILE - SNAP EBT information sign is displayed at a gas station in Riverwoods, Ill., Saturday, Nov. 1, 2025. (AP Photo/Nam Y. Huh, file)
WASHINGTON (AP) — The Supreme Court is taking up one of the term’s most consequential cases, President Donald Trump’s executive order on birthright citizenship declaring that children born to parents who are in the United States illegally or temporarily are not American citizens, and he was in the courtroom on Wednesday for some of the arguments.
The justices are hearing Trump’s appeal of a lower-court ruling from New Hampshire that struck down the citizenship restrictions, one of several courts that have blocked them. They have not taken effect anywhere in the country.
Trump is the first sitting president to attend oral arguments at the nation’s highest court. He spent just over an hour inside the courtroom, hearing arguments by the government’s lawyer, Solicitor General D. John Sauer. He left shortly after Sauer wrapped up and the plaintiff was invited to present her case.
The case frames another test of Trump's assertions of executive power that defy long-standing precedent for a court that has largely ruled in the president's favor — but with some notable exceptions that Trump has responded to with starkly personal criticisms of the justices. A definitive ruling is expected by early summer.
The birthright citizenship order, which Trump signed the first day of his second term, is part of his Republican administration’s broad immigration crackdown.
Birthright citizenship is the first Trump immigration-related policy to reach the court for a final ruling. The justices previously struck down global tariffs Trump had imposed under an emergency powers law that had never been used that way.
Trump reacted furiously to the late February tariffs decision, saying he was ashamed of the justices who ruled against him and calling them unpatriotic.
He issued a preemptive broadside against the court on Sunday on his Truth Social platform. “Birthright Citizenship is not about rich people from China, and the rest of the World, who want their children, and hundreds of thousands more, FOR PAY, to ridiculously become citizens of the United States of America. It is about the BABIES OF SLAVES!,” the president wrote. “Dumb Judges and Justices will not a great Country make!”
Trump's order would upend the long-standing view that the Constitution’s 14th Amendment, ratified in 1868, and federal law since 1940 confer citizenship on everyone born on American soil, with narrow exceptions for the children of foreign diplomats and those born to a foreign occupying force.
The 14th Amendment was intended to ensure that Black people, including former slaves, had citizenship, though the Citizenship Clause is written more broadly. “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside,” it reads.
In a series of decisions, lower courts have struck down the executive order as illegal, or likely so, under the Constitution and federal law. The decisions have invoked the high court's 1898 ruling in Wong Kim Ark, which held that the U.S.-born child of Chinese nationals was a citizen.
The Trump administration argues that the common view of citizenship is wrong, asserting that children of noncitizens are not “subject to the jurisdiction” of the United States and therefore are not entitled to citizenship.
The court should use the case to set straight “long-enduring misconceptions about the Constitution’s meaning,” wrote Sauer, the solicitor general.
No court has accepted that argument, and lawyers for pregnant women whose children would be affected by the order said the Supreme Court should not be the first to do so.
“We have the president of the United States trying to radically reinterpret the definition of American citizenship,” said Cecillia Wang, the American Civil Liberties Union legal director who is facing off against Sauer at the Supreme Court.
More than one-quarter of a million babies born in the U.S. each year would be affected by the executive order, according to research by the Migration Policy Institute and Pennsylvania State University’s Population Research Institute.
While Trump has largely focused on illegal immigration in his rhetoric and actions, the birthright restrictions also would apply to people who are legally in the United States, including students and applicants for green cards, or permanent resident status.
Associated Press writer Darlene Superville contributed to this report.
Follow the AP’s coverage of the U.S. Supreme Court at https://apnews.com/hub/us-supreme-court.
Pro and anti-Trump demonstrators rally outside the U.S. Supreme Court, before justices hear oral arguments on whether President Donald Trump can deny citizenship to children born to parents who are in the United States illegally or temporarily, on Capitol Hill, in Washington, Wednesday, April 1, 2026. (AP Photo/J. Scott Applewhite)
President Donald Trump leaves the U.S. Supreme Court, Wednesday, April 1, 2026, in Washington. (AP Photo/Mark Schiefelbein)
President Donald Trump's motorcade arrives at the U.S. Supreme Court, Wednesday, April 1, 2026, in Washington. (AP Photo/Tom Brenner)
Pro and anti-Trump demonstrators rally outside the U.S. Supreme Court, before justices hear oral arguments on whether President Donald Trump can deny citizenship to children born to parents who are in the United States illegally or temporarily, on Capitol Hill, in Washington, Wednesday, April 1, 2026. (AP Photo/J. Scott Applewhite)
President Donald Trump's motorcade arrives at the U.S. Supreme Court, Wednesday, April 1, 2026, in Washington. (AP Photo/Tom Brenner)
Demonstrators holding opposing views verbally engage ahead of President Donald Trump's arrival at the U.S. Supreme Court, Wednesday, April 1, 2026, in Washington. (AP Photo/Tom Brenner)
President Donald Trump's limo exits the White House en route to the Supreme Court, Wednesday, April 1, 2026, in Washington. (AP Photo/Mark Schiefelbein)
President Donald Trump's motorcade arrives at the U.S. Supreme Court, Wednesday, April 1, 2026, in Washington. (AP Photo/Tom Brenner)
Pro and anti-Trump demonstrators rally outside the U.S. Supreme Court, before justices hear oral arguments on whether President Donald Trump can deny citizenship to children born to parents who are in the United States illegally or temporarily, on Capitol Hill, in Washington, Wednesday, April 1, 2026. (AP Photo/J. Scott Applewhite)
People arrive to walk inside the U.S. Supreme Court, on Capitol Hill in Washington, Wednesday, April 1, 2026. The Supreme Court justices will hear oral arguments today on whether President Donald Trump can deny citizenship to children born to parents who are in the United States illegally or temporarily. (AP Photo/J. Scott Applewhite)
People arrive to walk inside the U.S. Supreme Court, on Capitol Hill in Washington, Wednesday, April 1, 2026. The Supreme Court justices will hear oral arguments today on whether President Donald Trump can deny citizenship to children born to parents who are in the United States illegally or temporarily. (AP Photo/J. Scott Applewhite)
President Donald Trump answers questions from reporters after signing an executive order in the Oval Office of the White House Tuesday, March 31, 2026, in Washington, as Commerce Secretary Howard Lutnick listens. (AP Photo/Alex Brandon)
The U.S. Supreme Court is seen as the moon rises Tuesday, March 31, 2026, in Washington. (AP Photo/Jose Luis Magana)
