Wisconsin Joins Lawsuit Over USDA Demand for State SNAP Data
Suit calls the demand an 'unprecedented' violation of federal privacy laws.
State Attorney General Josh Kaul addresses reporters after the court proceedings conclude Thursday, May 4, 2023, at the Dane County Courthouse in Madison, Wis. Angela Major/WPR
Wisconsin has joined a lawsuit challenging a federal demand that states turn over information on Supplemental Nutrition Assistance Program, or SNAP, benefit recipients.
SNAP is a federally-funded food assistance program administered by states. About 700,000 Wisconsinites used the benefits in 2022.
In May, the U.S. Department of Agriculture ordered states to hand over SNAP data, following an executive order telling federal agencies to consolidate “information silos” in the name of reducing fraud.
That data includes names, addresses, Social Security numbers, immigration status and SNAP transaction records, according to a USDA document.
On Monday, 22 states — all but one with Democratic governors — sued the USDA over the move.
“Sensitive information about people shouldn’t be turned over to the federal government simply because they applied for or received assistance through SNAP,” wrote Wisconsin Attorney General Josh Kaul in a statement about the decision to join the suit.
“It’s troubling that the federal government is working to compile this kind of information,” he wrote.
His office’s statement said SNAP already has a “robust process for ensuring that only eligible individuals receive benefits.”
The suit was filed in federal court in San Francisco. It asks the court to declare USDA’s demand unlawful and to issue an injunction preventing SNAP data from going to “DOGE or DHS for any purposes.”
Complaint calls USDA’s move unprecedented, raises privacy concerns
Historically, the states wrote in their complaint, the federal government has only requested data necessary for quality control checks, such as statistical samples.
They called the USDA’s latest demand “unprecedented.” They argued it violates several federal privacy laws, including the Privacy Act of 1974, which put guardrails on how federal agencies can access Americans’ data.
The USDA’s May letter suggested states could lose of SNAP funding if they don’t comply with new orders.
“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 states’ complaint said.
In their complaint, states said they worried SNAP data would be part of efforts to merge data on U.S. residents — now spread across different agencies — into more consolidated, searchable databases.
According to the USDA, newly-requested information is meant for its own national SNAP database, which went online on July 23. The agency gave states until July 30 to submit their data.
The database’s main purpose will be to screen for duplicate enrollments and immigration status, a USDA Privacy Impact Assessment says.
The USDA’s own document lists several privacy risks associated with its plan, including data making its way to those outside USDA, noncompliance with privacy regulations and “negative impact on reputation.”
Since the start of the Trump administration, Wisconsin has joined at least 16 lawsuits against federal agencies.
Wisconsin joins lawsuit over USDA demand for state SNAP data was originally published by Wisconsin Public Radio.
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