Mass. AG Sues Over Federal Data Collection on Food Aid Recipients

Massachusetts Joins Multi-State Lawsuit Against Federal Data Request for SNAP Recipients

Massachusetts Attorney General Andrea Campbell has joined a coalition of 22 states in filing a lawsuit against the U.S. Department of Agriculture (USDA) over its request for extensive data on individuals who have received food assistance since January 2020. The lawsuit, filed in California, challenges the federal government’s efforts to access personal information from the Supplemental Nutrition Assistance Program (SNAP), formerly known as food stamps.

Campbell criticized the USDA’s actions, stating that the agency is attempting to use data obtained from families without their consent for an immigration crackdown. “All parents deserve to be able to feed their children without having their privacy violated or the fear of being deported,” she said in a statement.

The data requested by the USDA includes sensitive information such as recipients’ home addresses, social security numbers, immigration statuses, and even the specific items they purchased at grocery stores. This level of detail raises significant concerns about privacy and the potential misuse of personal data.

In Massachusetts, one in six people receives SNAP benefits, with the 1st Congressional District—covering Hampden and Berkshire counties—having one of the highest rates of households relying on the program. According to USDA data, 23% of households in the 1st District participated in SNAP in 2023.

The USDA has not commented directly on the litigation, referring questions to the U.S. Department of Justice, which has not yet responded to inquiries.

Addressing 'Information Silos'

The complaint alleges that the USDA sent letters to states seeking SNAP data in May following an executive order issued by former President Donald Trump. The order aimed to address what it called “waste, fraud, and abuse” by eliminating “information silos” within the federal government.

According to a White House fact sheet, the lack of information sharing resulted in trillions of dollars in improper payments over the past two decades. The executive order directed federal agencies to collect information on federally funded state programs and data held by third parties.

The USDA appears to have taken this directive seriously, requesting information from companies that provide EBT processing services, such as Fidelity Information Services. These companies hold details like bank account numbers and records of when and where recipients use their cards, according to the complaint. However, the USDA has not yet collected the data, as noted in a separate case.

Financial Implications for States

The complaint also highlights the potential financial impact on states if they fail to comply with the data request. The USDA warned that withholding funds could jeopardize the administration of the SNAP program. In Massachusetts, the program cost approximately $213 million in the 2025 fiscal year, with half of that amount provided by the federal government.

A delay in federal funding could be “catastrophic for the state,” according to Campbell’s statement. This threat adds pressure on states to comply with the data request, despite concerns over privacy and legal compliance.

Broader Concerns About Data Sharing

The lawsuit also points to broader concerns about how other federal agencies are handling sensitive data. For example, the Centers for Medicare and Medicaid Services shared Medicaid data from five states with Immigration and Customs Enforcement. Additionally, the IRS is reportedly working on ways to share taxpayer data with the same agency, raising further alarms about the potential misuse of personal information.

What the Lawsuit Seeks

The lawsuit seeks a court declaration that the USDA is acting unlawfully in its data collection efforts and aims to block the agency from obtaining the information. The complaint emphasizes that this is an unprecedented move, as no previous effort by the federal government has demanded the disclosure of personal identifying information on an entire SNAP caseload.

While the USDA claims it is seeking the data to identify waste, the states argue that this is merely a pretext for more extensive data collection. They assert that the laws cited by the USDA do not authorize the agency to access all the requested information.

The complaint also notes that states monitor SNAP through applicant vetting, benefit distribution, and fraud investigations. In contrast, the federal government is only entitled to limited statistical data under existing laws.

Legal and Ethical Concerns

Deborah Harris, a senior economic justice attorney at the Massachusetts Law Reform Institute, described the USDA’s data request as an “illegal and unprecedented attack on privacy and dignity.” She emphasized that individuals applying for food assistance were led to believe their information would remain confidential, and they did not consent to the wholesale disclosure of their personal data.

The Massachusetts Law Reform Institute, which oversees SNAP in the state and supports food pantries and feeding programs, was among hundreds of organizations that criticized the USDA’s data acquisition plan after it was announced in the federal register. Harris pointed out that the expectation of confidentiality is a key part of the trust between applicants and the program.

This lawsuit represents a growing resistance to federal efforts to access sensitive data, with states and advocacy groups arguing that such actions violate both privacy rights and legal boundaries.