The 2023 Farm Bill presents an opportunity for the Biden Administration to address some of the key restrictions on the Supplement Nutrition Assistance Program (“SNAP”) that prevent those most in need of assistance from accessing the program. SNAP represents one of the most successful and essential parts of federal food assistance. USDA research indicates that SNAP reduces food insecurity among participants and this effect increases further when SNAP benefits increase. Beyond the moral concerns for those unable to access food in a country that wastes billions of dollars of food each year, ongoing food insecurity imposes massive healthcare costs. Systemic inequality throughout our society means that the harms of food insecurity are disproportionately borne by Black and Hispanic families, and as a result, those communities are more vulnerable to additional problems, as seen with the COVID-19 pandemic. Despite the ability of SNAP to alleviate the issues of food insecurity, vulnerable groups including individuals with felony drug convictions are still fully or partially excluded, and other requirements under the program lead to unnecessary and unjust exclusions.

The onerous restrictions imposed on SNAP participants fall disproportionately on formerly incarcerated people. SNAP represents an essential support system for those attempting to reintegrate into society given that 90% of formerly incarcerated people experience food insecurity. Those that have been convicted of drug felonies are subject to partial or full bans of SNAP benefits in many states, barring them from accessing essential funding, which has been shown to reduce the likelihood of being food insecure by 30%. Recognizing this issue, more than half of states have done away with the drug felony bar on SNAP access to ensure expanded access to those in need. Beyond these outright restrictions, the work requirements under SNAP further disproportionately burden formerly incarcerated individuals, given the systemic barriers that those individuals face in obtaining and retaining employment. The Able Bodied Adult Without Dependents work requirements demand that anyone between the ages of 18 and 49 who can work and does not have dependents must work 20 hours per week to receive SNAP for more than 3 months in a three-year period. While states may apply for an exemption, there are limits and conditions on those waivers, which must be regularly renewed, that still pose a challenge to formerly incarcerated individuals seeking to obtain SNAP benefits.

Studies also show that expanding SNAP access to formerly incarcerated individuals leads to lower recidivism rates, improved health outcomes and reduced healthcare costs. A study in Florida that tracked recidivism rates while the lifetime SNAP ban was in place and once it was modified found that recidivism rates were higher when access was denied to formerly incarcerated individuals. The study attributed this to an increase in financially motivated crimes among those denied SNAP access, which in turn drove those individuals to commit crimes to make up for the lost income. Moreover, another study that followed formerly incarcerated individuals in the first year after they left prison showed that while 70% of individuals received SNAP benefits at six months, by the end of the year only 40% were receiving benefits. This decrease was associated with successful reintegration and employment with the aid of SNAP as a stabilizing support system. Finally, a 2018 study found that increased access to SNAP for those vulnerable individuals has been shown to lead to improved short- and long-term health outcomes and a commensurate reduction in healthcare costs of $1,400 or 25 percent in annual medical costs compared to low-income non-participants.

The evidence is overwhelming that expanding SNAP access yields substantial benefits to participants and the communities most burdened by overincarceration. Removing barriers to SNAP access for formerly incarcerated individuals is an essential step toward ensuring successful reentry and reintegration, and Congress should expand SNAP access to the marginalized communities that it currently excludes in the 2023 Farm Bill.