Half of the US states are suing the Trump administration over its plans to cut off funding for food assistance benefiting more than 40 million low-income Americans.
The states are hoping to force the administration to use a reserve fund of about $6 billion (£4.5 billion) for the Supplemental Nutrition Assistance Program (Snap), also known as food stamps.
The US Department of Agriculture (USDA), which oversees Snap, said it would not use it and would allow the funds to dry up in November, arguing that the money could be needed in emergencies such as natural disasters.
Republicans and Democrats have traded blame for the ongoing federal government shutdown, and no meaningful progress has been made toward an agreement.
“Eventually the well ran dry,” said USDA said in announcing the benefits of Snap on its website.
The lawsuit, brought by Democratic attorneys general in 25 states and the District of Columbia, argues that the administration's refusal to use emergency funds would be illegal and prevent millions of Americans from being able to buy food.
They note that this will be the first time in the program's history that funds will not be allocated.
“Eliminating SNAP benefits would result in poor public health and welfare,” the lawsuit states.
“The loss of SNAP benefits leads to food insecurity, hunger and malnutrition, which are associated with numerous negative health outcomes for children, such as poor concentration, cognitive decline, fatigue, depression and behavioral problems.”
States involved in the lawsuit include: Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington and Wisconsin.
“As Donald Trump marches around the world trying to repair the economic damage he has caused with his incompetence, he is denying food to millions of Americans who will go hungry next month,” California Governor Gavin Newsom said.
“It is cruel and speaks to his fundamental lack of humanity. He doesn’t care about the people of this country, only himself.”
Responding to the lawsuit, Usda blamed Democrats for the fund's drying up and said they need to decide whether they want to “support the far left wing of the party or reopen the government so mothers, children and the most vulnerable among us can receive WIC and SNAP payments on time.”
Even if the emergency fund were used to help Snap beneficiaries, it would only cover about 60% of monthly benefits, according to the Center on Budget and Policy Priorities (CBPP), a think tank focused on policy to help low-income families.
Snap works by providing people with reloadable debit cards that they can use to buy the products they need.
According to CBPP, a family of four receives an average of $715 (£540) a month, which works out to just under $6 (£4.50) a day per person.
States administer the programs, with most funding coming from the federal government.
Several states have pledged to use their own funds to cover the shortfall, but the federal government has warned they will not be reimbursed.
Some, including Massachusetts, where one million people are expected to lose benefits, said they don't have enough money to make up the shortfall.
Many states are working with people at Snap to try to identify food pantries and find alternative food sources, and California is deploying its National Guard to help distribute food.
The US government shutdown entered its 28th day on Tuesday, making it the second-longest shutdown in history.
