New Orleans Workers’ Center for Racial Justice 217 N. Prieur St., New Orleans, Louisiana 70112

Telephone: (504) 309-5165 www.nowcrj.org

STAND with Dignity

December 10, 2015

Secretary Suzy Sonnier Via Certified Mail/RRR No.: Louisiana Department of Children And Family Services And Via Electronic Mail to: 627 N. Fourth St. suzy.sonnier@la.gov Baton Rouge, LA 70802 Governor Bobby Jindal Via Certified Mail/RRR No.: PO Box 94004 __________________________________ Baton Rouge, LA 70804-9004 And Via Electronic Mail to:

melissa.mann@la.gov

Governor-Elect John Bel Edwards Via Electronic Mail to: edwardsj@legis.la.gov

Re: January 1 Termination of 62,500 Food Stamp recipients without Due

Process or compliance with their Statutory Rights

Dear Secretary Sonnier: We write on behalf of 62,500 Louisiana Supplemental Nutrition Assistance Program (“SNAP”) recipients, to alert you to serious due process and statutory non-compliance concerns with Louisiana’s implementation of the able-bodied adults without dependents (“ABAWDs”) work requirements. The New Orleans Workers’ Center for Racial Justice and its partners’ investigation indicates improper terminations of SNAP recipients’ benefits are occurring due to:

• Louisiana’s Department of Children and Family Services’ (DCFS) inadequate notices around new work requirements,

• DCFS’ inadequately informing how to comply with program requirements and what exemptions exist to remain eligible, as well as,

• DCFS processes failing to properly take into account SNAP recipients’ reported compliance with the requirements.

The state’s failure to provide adequate notice of new work requirements and the available exemptions, systematize processes, and properly record new eligibility information received by the state agency causes violation of SNAP recipients’ constitutional due process rights and the state agency’s duties under federal food stamps law. Last month, the New Orleans Workers’ Center for Racial Justice attempted to bring this matter to DCFS’ and the Governor’s attention through an administrative complaint. In addition, the state engaged in improper rule-making procedures. More specifically, the changes as to which parishes would be exempt from ABAWD requirements was a discretionary decision on the part of DCFS, in that the federal waiver could have been renewed. There was no APA rulemaking with regard to this discretionary decision and its $140 million a year impact on the state and its families. DCFS “FAM-4” policies were then changed to reflect the decision again without rulemaking. The implementation of these changes without APA rulemaking violates the state Administrative Procedure Act. Without the immediate corrective actions, up to 62,500 SNAP recipients unconstitutionally and unlawfully face termination of their SNAP benefits on January 1st. As the Louisiana Department of Children and Family Services is currently violating SNAP recipients categorized as ABAWDs’ constitutional rights, as well as state and federal law, we expect immediate communication from the state agency regarding your plan to remedy the situation. More specifically, we ask that the state agency act immediately to prevent the erroneous termination of SNAP recipients’ benefits by ceasing to send out termination notices and reinstating recipients already sent notices until proper rulemaking and the ABAWD work requirements program complies with constitutional due process standards and federal law and regulations related to the administration of SNAP benefits. We would like to also remind the state agency and state officials that an alternative way to cease violation of recipients’ due process and statutory rights would be through the immediate renewal of its ABAWD work requirements waiver. Applying for the waiver would assure that 62,500 Louisiana residents do not lose access to SNAP benefits and that Louisiana is assured $140 million a year in SNAP assistance for Louisiana communities and businesses. Please inform us of the steps you commit to taking in writing by noon December 14th. If we do not hear from you by then we will assume you will not take corrective action, and we will take action accordingly. We urge you to be in touch on the state agency’s plan to cease and correct unconstitutional and unlawful action through Sima Atri, and we remain open to resolving this issue with the State. However, given the seriousness of the imminent harm, we will proceed with appropriate efforts to protect the rights of our clients and the thousands of Louisiana residents who risk unconstitutionally and unlawfully losing essential food stamps benefits.

With 62,500 Louisiana residents at risk of losing their SNAP benefits January 1st and going hungry over the holidays, we hope you will prioritize action on this issue. We look forward to being in touch as soon as possible. Please send inquiries and requests for further information through Sima Atri at 504-264-4209 or satri@nowcrj.org. Sincerely, Sima Atri, Esq. Equal Justice Works Fellow Legal Counsel for Stand with Dignity New Orleans Workers’ Center for Racial Justice

Jennifer J. Rosenbaum, Esq. Legal Director New Orleans Workers’ Center for Racial Justice Licensed in Louisiana William P. Quigley, Esq. Loyola University New Orleans College of Law Licensed in Louisiana Mary R. Mannix, Esq. Program Director National Center for Law and Economic Justice, Inc. David Williams, Esq. Litigation Director Southeast Louisiana Legal Services Hannah Adams, Esq. Equal Justice Works Fellow Southeast Louisiana Legal Services