NY, 19 other states sue to block Trump administration from obtaining data of food stamp recipients

ALBANY — State Attorney General Letitia James on Monday sought to block the Trump administration’s demand for personal information for recipients of food stamps, which James said would be used to find, harass and prosecute immigrants that need the aid to feed their children.

James and Democratic attorneys general in 19 other states have filed a lawsuit against the U.S. Department of Agriculture, which is seeking the personal information of recipients.

James said the Trump administration has threatened to cut off funding for food stamps under the Supplemental Nutrition Assistance Program if a state doesn’t provide the data. The data includes Social Security numbers, addresses, family members’ names, landlords’ contact information, immigration status and medical data.

The federal "SNAP data sharing guidance" made public last week follows an executive order by Republican President Donald Trump to root out what he called fraud, waste and abuse in the SNAP program, which helps the poor and working poor afford food. SNAP is a federally funded program administered by states.

The federal order states that the information will be secure. The only stated use for the data identified in the directive is to verify the eligibility of people receiving the subsidies.

"That’s a pretext," James said in the news conference over Zoom with fellow Democratic attorneys general in California and Michigan. "This is cruel. It’s intended to be cruel and to target innocent immigrants who simply want to eat."

The attorneys general said they believe the Trump administration wants the data to target immigrants because of past attempts to obtain data held by social service programs to identify immigrants who may be in the country illegally.

James accused the administration of "animus against immigrants and people of color" among the 2.9 million New Yorkers in the SNAP program.

The SNAP data sharing guidance demanded data from "individuals who have received, are currently receiving, or have applied to receive SNAP benefits from Jan. 1, 2020, through present date." The information sought is to include "but not limited to all household group members names, dates of birth, Social Security numbers, residential and mailing addresses used or provided, as well as all data records used to determine eligibility or ineligibility ... Please do not include supporting documents or case comments."

The Department of Agriculture didn’t immediately respond to a request for comment.

The Democratic attorneys general said recipients of SNAP have always been told their personal information would only be used to verify that they or their children are eligible for SNAP food benefits.

The federal deadline to provide the information is Wednesday. States were first told of the federal review March 6, according to the federal order. James said attempts to negotiate a settlement with the Trump administration failed.

The directive said that after its analysis the federal government will seek "reconciliation" of any improper benefits awarded by states "to ensure and enhance program integrity."

The Democrats said the federal demand will have a "chilling effect" on U.S. citizens and other recipients who are not in the United States legally.

"It is scaring people away from seeking these incredibly important programs," said Michigan Attorney General Dana Nessel.

James and California Attorney General Rob Bonta said they and other Democratic attorneys general are contemplating a similar lawsuit to block the Trump administration from receiving personal data for people seeking "gender-affirming" care, or gender transition, for their children.

Trump announced his plan Monday to block what he called the "maiming and sterilizing a growing number of impressionable children."

James and Bonta each advised reporters to "stay tuned" for action as early as this week.

By Michael Gormley

michael.gormley@newsday.com@GormleyAlbany

Michael Gormley has worked for Newsday since 2013, covering state government, politics and issues. He has covered Albany since 2001.