February 28, 2023–Due Process Institute joined a diverse coalition of civil rights organizations urging members of Congress to repeal the lifetime ban on individuals with a past felony drug conviction from receiving Supplemental Nutrition Assistance Program (SNAP) or Temporary Assistance for Needy Families (TANF) as part of the next Farm Bill.
SNAP and TANF provide minimal, supplemental support during times of financial hardship and food insecurity. Individuals and families who qualify for SNAP and TANF generally live below 200% of the federal poverty line. The lifetime drug felony bans on SNAP and TANF imposed by Congress undermine efforts by individuals to transition successfully from the criminal legal system into their communities and to provide for their families. Formerly incarcerated people struggle with unemployment and other barriers to reentry. Food insecurity is also pervasive among people transitioning from the criminal legal system.
The lifetime felony drug bans hurt not only individuals with convictions, but also their children. Families receive a much lower overall benefit when a parent is ineligible for SNAP/TANF as a result of a drug felony conviction. This means that families with an adult who is banned from benefits have access to less food and support, causing those family members to experience food insecurity and increased stress that can lead to preventable health problems for both adults and children. Ultimately, the lifetime drug felony bans on SNAP and TANF can increase the risk of recidivism. One study by an economist at the University of Maryland estimated that individuals still subjected to the drug felony ban in Florida are about nine percentage points more likely to return to prison after release than individuals with prior drug convictions who have access to SNAP under Florida’s partial opt-out of the federal ban. Similarly, a 2017 study by a researcher at the Harvard University School of Law found that eligibility for SNAP and TANF significantly reduces recidivism.
After twenty-five years, it is time for Congress to end these punitive bans.