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Gov. Phil Scott gave the Trump administration data that a judge now says it had no right to order

A man in a suit looks to the side
Brian Stevenson
/
Vermont Public
Republican Gov. Phil Scott, seen here at a meeting in July, is standing by his decision to give the Trump administration the sensitive personal information of low-income Vermonters. A judge issued a ruling this week saying the federal government doesn't have the legal authority to access that data.

A ruling this week in a multistate lawsuit that Vermont declined to join is fueling renewed criticism of Republican Gov. Phil Scott’s decision to hand over the sensitive personal information of low-income Vermonters to the Trump administration.

A federal judge in California has at least temporarily blocked the U.S. Department of Agriculture from accessing the names, dates of birth, Social Security numbers and addresses of anyone who received benefits from the Supplemental Nutrition Assistance Program over the last five years.

While that decision will protect, for now, the personal data of residents in the more than 20 states that filed suit, Scott has already handed over the data of about 140,000 SNAP recipients in Vermont.

“This indiscriminate demand for the data of SNAP recipients is illegal ... I think this really underscores the importance of the states that are a part of this suit fighting back.”
John Davisson, Electronic Privacy Information Center

State Treasurer Mike Pieciak, a potential Democratic challenger to Scott in 2026, said that, in light of the federal court ruling, Scott’s decision amounts to “one of the largest data breaches in Vermont history.”

“And what’s more unfortunate is because Gov. Scott didn’t fight back, didn’t join the coalition of … other states, Vermonters will not get the benefit of this federal decision,” Pieciak said.

Scott defended his decision to hand over the data in early August, saying the federal government had every legal right to access the information.

“I just know that they are entitled to it,” Scott said at the time.

A spokesperson for the governor said Wednesday’s ruling hasn’t altered his stance. Under the federal Privacy Act, according to the Scott administration, “information provided to the federal government is information states are required to provide.”

A man wearing a suit speaks at a microphone
Alex Driehaus
/
Associated Press
Vermont State Treasurer Mike Pieciak, at a press conference earlier this year, said the decision to hand over Vermonters' data amounts to one of the largest data breaches in state history.

“When there is clear evidence of harm to Vermonters, the administration will continue to push back against such decisions and requests,” the administration said. “Despite all the political drama on this issue, this is not one of those moments.”

U.S. District Court Judge Maxine Chesney’s ruling, meanwhile, says that the states challenging the order have “shown a likelihood of success” that they’ll win the underlying case.

Chesney said the USDA “has announced its intent” to use the data "in ways well beyond those permitted” under federal law. She also said the Trump administration has failed to establish the “security protocols” that would need to be in place before a state agency could be compelled to hand over massive troves of sensitive data.

USDA had threatened to withhold all SNAP funding from states that did not comply with the order for recipients’ data. The ruling prohibits the federal government from applying financial sanctions while the case proceeds.

Attorney General Charity Clark said in August that her office had determined that the USDA’s demands were illegal. She said the governor’s stance on the issue prevented her from joining a suit that is so far resulting in the outcome she predicted.

Attorney General Charity Clark at a press conference on Oct. 24.
Adiah Gholston
/
Vermont Public
Attorney General Charity Clark, at a press conference last year, said the governor's office prevented her from joining a lawsuit that she believes would have prevented the Trump administration from accessing Vermonters' personal data.

“This is what I expected would happen, which is why I had hoped that I would have been able to join the lawsuit to begin with,” Clark said Friday. “This is just what I expected would happen.”

John Davisson, senior counsel and director of litigation at the Electronic Privacy Information Center, said the USDA’s order for SNAP data is part of a broader attempt by the Trump administration to amass a “piggy bank of personal information that it can use dismantle the social safety net and carry out attacks on immigrants.”

“This indiscriminate demand for the data of SNAP recipients is illegal,” Davisson said in an interview Friday. “I think this really underscores the importance of the states that are a part of this suit fighting back.”

More than 63,000 Vermonters receive a total of about $200 million annually in SNAP benefits.

The Vermont Statehouse is often called the people’s house. I am your eyes and ears there. I keep a close eye on how legislation could affect your life; I also regularly speak to the people who write that legislation.
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