By: NICOLAS FIERRO
Salina Post
The state of Kansas is currently in full support of not releasing personal information of Supplemental Nutrition Assistance Program (SNAP) recipients to the federal government, following a lawsuit from Attorney General Kris Kobach.
AG Kobach filed a lawsuit on September 8 against the Kelly administration to send the names, addresses and dates of birth of SNAP (Supplemental Nutrition Assistance Program) recipients to US Department of Agriculture (USDA).
According to an article from the Kansas Department for Children and Families (DCF) posted on August 14, the agency is 'standing behind its decision at this time to not release the personal information of SNAP applicants, recipients and members of their households.' DCF stated it is 'unclear' whether other federal agencies are 'legally allowed' to access that information.
This came after a letter from Patrick Penn, USDA Deputy Undersecretary on August 12, stating the USDA's Food and Nutrition Services (FNS) has not received Kansas’ participant data. Accordingly, DCF asked the USDA to withdraw its demand until pending litigation is settled. DCF added this could put the agency in 'potential liability,' should a court find the USDA’s demand violates federal law.
*The USDA looks over SNAP, through FNS. The USDA requires states to share personal data on SNAP applicants and recipients to ensure eligibility and combat fraud.*
However, the Kelly administration received a final warning on August 20 that Kansas would lose $10.4 million in funding if they failed to comply within 30 days.
According to a September 20 letter from Penn, the Kelly administration failed to comply by a September 19 deadline and therefore FNS disallowed a payment of about $10.4 million to the state of Kansas.
According to Kobach, Kansas law states that the government “shall” provide “any” report required by the federal government. Kansas and Pennsylvania are the only two states in the US that did not file a report to the USDA.
FNS will now continue to disallow future payments every three months until the Kelly administration provides the information.
Kobach stated that Kansas receives about $400 million a year in SNAP funding and is now decreased by $10.4 million.
“If we don't see the Governor’s office comply, we are going to lose another $10.4 million in December and another three months after that,” said Kobach. “This is not some legal violation that is happening in the abstract, this is one that is hurting needy Kansas families.”
The State's response and reasoning
“DCF is required by state and federal law to protect personal identifiable SNAP data except when strictly necessary for the administration of the SNAP program – and that’s a responsibility we take seriously,” said DCF Secretary Laura Howard. “We also believe this request places a significant burden on DCF and state resources, and it’s not something that can be accommodated on a short deadline. Providing this magnitude of data could take months and come with a hefty price tag. We want to be sure we’re making the right decisions for Kansans and protecting their most personal information.”
DCF implied the requested data includes 'sensitive personal information' for more than 730,000 Kansans who lived in a household that applied for and/or received SNAP benefits from January 1, 2020, to July 30, 2025, which according to DCF is 'not limited' to names, social security numbers, dates of birth and addresses.
DCF added it could cost Kansas taxpayers $100,000 or more depending on the frequency to provide the data as requested by the USDA.
According to the Kansas Department for Children and Families (DCF) on September 22, the State of Kansas submitted a notice of appeal and request for administrative review and hearing with the USDA’s SNAP Appeals Board. The filing of the appeal will automatically stay the USDA’s disallowance of funds, meaning the SNAP program will continue to operate normally as the appeals process unfolds. The appeal was filed within the 10 day requirement.
"We now have 30 days from the filing of the appeal to submit required information. Then, if a hearing is granted, the Appeals Board has 60 days to conduct a hearing. A final order will be issued within 30 days of the hearing, and the order shall take effect after an additional 30 days," said DCF Deputy Director of Media Relations, Erin La Row.
Kobach gave his personal opinion as to why he thinks the Kelly administration are not providing the information based on statements from other Democrat governors across the US.
“I think what they are worried about based on statements from other Democrat governors around the country, is that it appears they don’t want the list of Kansans receiving SNAP benefits to be shared with Department of Homeland Security and ICE,” he said.
Preventing fraud
Before the lawsuit, President Trump issued an executive order to gather the information to limit fraud in the SNAP program. According to Kobach, fraud occurs when federal agencies do not communicate amongst each other and with state agencies as well.
Kobach added that the SNAP program in general, has had a problem with fraud ‘for decades.’
According to the USDA for the 2024 fiscal year, Kansas had a 10% SNAP payment error rate, which was a 2% decrease from 2023.
Say if Governor Kelly were to file a report and there was reports fraudulent activity, Kobach stated a prosecution would occur. Additionally, if Kansas has an error rate that is above a certain percentage, then the federal government would provide less reimbursement of the SNAP benefits.
A temporary injunction hearing will occur this week at the Shawnee County District Court.