Washington State AG Nick Brown sues to block ICE from accessing SNAP information

Washington State Attorney General Nick Brown has filed a lawsuit against Fidelity Information Services (FIS) to prevent the company from sharing the personal data of residents who have either applied for or are receiving food assistance benefits with the federal government in an effort to block that information from being shared with immigration enforcement.

The lawsuit states that the US Department of Agriculture Food and Nutrition Service Division (USDA) intends to share the information with the Department of Homeland Security (DHS), which could be used by the Trump administration for immigration enforcement efforts. The USDA in May requested that all states share details on who has been enrolled or has applied to SNAP going back five years.

The lawsuit from Brown stated: "USDA has made clear it intends to share this information with other federal agencies, including the Department of Homeland Security (DHS), for unauthorized purposes—specifically, immigration enforcement. 

WA's Department of Social and Health Services contracts FIS to handle benefit payments, including the Supplemental Nutrition Assistance Program (SNAP).

"People who need food assistance for themselves and their families should be able to trust that their data will be protected and kept private," AG Brown said in a Thursday press release.

Washington asked the Court for an order blocking Fidelty from disclosing potential confidential information to the USDA, as well as a declaration that such actions would constitute a breach of contract. The state argued that its contract with Fidelity prohibits the sharing of such information without "the expressed written consent" of the state's Department of Social and Health Services.

"If a contractor fails to uphold the terms they've agreed to, we will hold them accountable under the law," said Brown, who also alleged that the disclosure would violate the Washington Consumer Protection Act and the Washington Law Against Discrimination.

However, while the contract with FIS mandates that the company must obtain written consent from the Department of Social and Health Services, the USDA claims that it can legally acquire SNAP data directly from contractors without having to go through state agencies, KHQ reported.

Attorney General Brown said that the effort made by the Trump White House was to achieve "deportation quotas over due process."

Washington State first contracted Fidelity in 2015, entrusting the company with program participants' information, including their names, Social Security numbers, addresses, dates of birth, and other personal information, Courthouse News reported.

On May 6, the USDA contacted the directors of state agencies that oversaw SNAP benefits, informing officials that President Trump's executive order gave the USDA the authority to "consolidate SNAP data" from the agencies. Fidelity notified Washington state's DSHS on May 9 that it intended to turn over the data of SNAP cardholders to the USDA, according to the paper.

Attorney General Brown's Office told Fidelity on May 14 that its state agency did not consent to the disclosure.