Policy Recommendations

Since the adoption of the federal ban on SNAP and TANF benefits for people with felony drug convictions, we estimate that currently, nearly half a million people have been impacted daily in states that enforce the ban’s provisions fully. Moreover, barriers exist even in states with partial or modified bans. Partial ban requirements such as mandatory drug testing and completion of probation and parole only create additional hurdles for people in need of public assistance. These bans continue to disproportionately harm Black Americans and women. Further, there is no evidence to date that these bans have had a significant positive impact on public safety. On the contrary, by eliminating meaningful support and services to people with felony drug convictions, such bans may contribute to increased recidivism.40 Ending and making reforms to these bans will benefit all Americans, especially Black Americans.

Federal policymakers should consider the following reforms:

• Pass the MEAL Act, which would repeal section 115 of Public Law 104-193 (i.e., the provision that places lifetime SNAP and TANF bans on people with past convictions). This bicameral piece of legislation was introduced during the 117th Congress (2021-2022) by Sen. Cory Booker (D-NJ), Rep. Gwen Moore (D-WI), Rep. Bonnie Watson Coleman (D-NJ), and Rep. Jahana Hayes (D-CT).41 The legislation currently has the support of over 160 groups nationally.42

• Allow individuals who are incarcerated to apply for SNAP and TANF benefits up to 30 days prior to release. Current law stipulates that individuals residing in correctional facilities are not eligible for SNAP and TANF benefits during their stay. However, to ensure people receive benefits, many states, such as Maine, have allowed people to apply within 30 days prior to release. The MEAL Act makes such a change, federally, for SNAP by amending Section 3(m)(5) of the Food and Nutrition Act of 2008.43 Such a change should be included in any reforms to SNAP and TANF.

• Increase funding and support to SNAP and TANF programs. In 2018, Congress passed a bipartisan farm bill, which increased funding to SNAP and directed the U.S. Department of Agriculture (USDA) to undertake a data-driven study to ensure benefits reflected the current cost of food.44 As a result, the maximum SNAP benefit increased by 21%, lifting 2.4 million SNAP participants above the poverty line.45 This increase, which is due to expire in 2023, should be renewed. Additionally, Congress should pass similar legislation for TANF. The annual amount the federal government allocates

Punishment: A State-by-State Analysis of Welfare Benefit Bans for People with Prior Felony Drug Convictions for TANF—$16.5 billion—has not changed since 1996. The real value of that amount has fallen by 40% due to inflation.46 Increasing funding for TANF is critical to providing meaningful support for people with felony drug convictions. Repealing the bans should be paired with a broader push to expand TANF.

As noted above, we recommend that Congress take immediate action to pass legislation to overturn the federal ban on both SNAP and TANF benefits for people with felony drug convictions. Yet, there is also action policymakers can take in the absence of a complete repeal. The following recommendations, albeit not a comprehensive solution, could make a tangible difference:

Congress

• Modify section 115 of Public Law 104-193 by ending the SNAP ban. In 2021, President Biden announced the American Families Plan, which would end the ban on SNAP benefits for people with felony drug convictions.47 Since SNAP is a federal entitlement program, such a change could be introduced in a budget reconciliation package, which only requires 51 votes in the Senate (see, for example, the Inflation Reduction Act of 2022).

Federal Agencies

• Expand and encourage federal waivers for states to pre-enroll individuals incarcerated. The USDA which administers SNAP, recently approved a pilot program in Orange County, California to pre-enroll people incarcerated in SNAP up to 30 days before their release.48 Such programs expand access to public benefits, thus decreasing the likelihood that people released from jail or prison will fall through the cracks. USDA and the Department of Health and Human Services (HHS), which administers TANF, should publish guidelines to encourage more state and local participation in the federal waiver program.

• Collect reliable data on race and ethnicity. While federal regulations require that all agencies collect racial demographic data on applicants and beneficiaries of federal assistance programs, the methods of capturing such information are not always desirable. Current policy at the USDA, for example, allows states to determine race through visual observation (such as by observation during interviews). Such collection of data is prone to lead to inaccurate data, as demonstrated by a recent Center for Medicaid Studies (CMS) study.49 In June 2022, the USDA’s Food and Nutrition Service proposed a rule change to end the practice of visual observations and to instead rely on other means such as self-reporting and review of other applications for public assistance.50 This rule should be adopted.

States

• Continue to fully opt out of SNAP and TANF bans. Importantly, since 1996, the most substantial change on this issue has come from states, not the federal government. In 2021 alone, Illinois, Kentucky, and Nevada lifted or modified bans on SNAP or TANF. In the absence of federal legislation, state action is arguably the most viable path forward. States should move to opt out of federal bans completely, with little to no additional requirements. Further, they should codify such changes by amending their state’s public assistance statutes rather than as part of appropriations bills that expire and often require annual renewal.

Conclusion

Many formerly incarcerated people face numerous economic and social challenges to reentry including access to housing, employment, and food insecurity. Such challenges extend beyond the returning citizen to their families, including dependent children. To successfully reintegrate into their communities, returning citizens need to be able to meet their basic needs. Denying food and cash assistance to Americans who have completed their sentences makes it harder for them to start anew and make positive contributions to society.

Banning and restricting the use of SNAP and TANF due to a felony drug conviction does little to deter crime. On the contrary, denying such critical support and service hinders stability and increases the risk of recidivism. Additionally, restricting such public assistance due to felony drug convictions disproportionately affects Black people and other communities of color—reflecting the stark racial disparities in the criminal legal system.

While federal law creates an option for states to opt out of the lifetime ban on food and cash assistance for those with certain drug convictions in their past, the ban must be eliminated in its entirety. Even modified versions of the ban place significant barriers between returning citizens and their ability to support themselves and their families.

Lifting all forms of the ban nationwide is an important step toward encouraging a safe and stable transition for returning citizens and their communities.