The Mercury News Weekend

California, 13 other states sue to stop Trump’s food stamp cuts

- By Jackie Botts CalMatters CalMatters.org is a nonprofit, nonpartisa­n media venture explaining California policies and politics. This article is part of The California Divide, a collaborat­ion among newsrooms examining income inequity and economic survival

Fourteen states, including California, filed suit Thursday 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,” state 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. It’s the latest in a record 65 lawsuits that Becerra has brought against the Trump administra­tion.

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% 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 CalFresh. Meanwhile, state lawmakers are floating possible workaround­s that could blunt the edge of the federal cuts.

Here’s what you need to know about the federal food stamp cuts, the lawsuit and how California is preparing: WHAT THE RULE DOES » 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 labormarke­t made it hard for people to find jobs. All but six California counties— Alameda, Contra Costa, Marin, San Francisco, Santa Clara and San Mateo — have waivers.

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%.

An estimated 40 California counties would be subject to the 20-hour work requiremen­t starting April 1, while 18 central and northern counties would be spared initially due to their higher unemployme­nt rates.

WHY DID THE TRUMP ADMINISTRA­TION DO IT? » 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. WHY STATES SAY IT’S ILLEGAL » The attorneys general 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 longstandi­ng 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 said. WHAT’S NEXT? » All eyes will be on the courts. What are the odds that the states’ lawsuit pauses the food stamp cuts? Hard to say, but it’s been done before.

In October, the Trump administra­tion’s “public charge” rule was halted just days before it would have gone into effect after California and other states sued on similar grounds. That rule, which is still winding its way through the courts, would make it harder for legal immigrants to get green cards if they use, or are deemed likely to use, public assistance.

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