Democratic leaders from 25 states are suing the Department of Agriculture over the looming suspension of the federal Supplemental Nutrition Assistance program, also known as food stamps. Advantages it's expected to run out across the country this weekend due to the ongoing government shutdown.
The lawsuit, to be filed Tuesday in Massachusetts District Court, argues that the USDA is legally obligated to continue providing SNAP benefits during the shutdown as long as it has funding. It urges the court to force the USDA to use reserve funds allocated by Congress to keep the program running.
Up to 42 million people rely on SNAP for food assistance, and recipients typically see their EBT cards reloaded on November 1st. But the USDA website says that the agency will not allocate more funds while the lockdown continues – an unprecedented situation that could cause widespread hunger across the country.
If SNAP benefits are suspended, it will be the first time in the program's 60-year history that the federal government will stop issuing them during a shutdown.
The plaintiffs in the lawsuit include the attorneys general of 22 states and the District of Columbia, as well as the governors of Kansas, Kentucky and Pennsylvania.
“Millions of Americans are going to go hungry because the federal government has decided to withhold the food assistance it is required by law to provide,” New York Attorney General Letitia James, one of the plaintiffs, said in a statement. “SNAP is one of our nation’s most effective tools to fight hunger, and USDA has the money to keep it running.”
James and her fellow plaintiffs argue that by not releasing reserve funds, the USDA is violating the Food and Nutrition Act, which protects access to SNAP benefits. They also argue that USDA's actions are arbitrary and capricious and therefore violate the Administrative Procedure Act.
Leaders are seeking a temporary restraining order that would require the USDA to maintain SNAP benefits through November in their states.
When asked to comment on the lawsuit, a USDA spokesperson responded with a statement: “We are approaching a tipping point for Senate Democrats. Continue to support the party's far left wing or reopen the government so mothers, babies and the most vulnerable among us can receive WIC and SNAP payments on time.”
(WIC refers to the Special Supplemental Nutrition Program for Women, Infants, and Children, which provides free meals to low-income pregnant women, mothers, and children under 5. The program is also at risk of lack of funding due to closure.)
Because October SNAP funding was allocated before the shutdown, benefits have not yet been eliminated. Most states have warned SNAP recipients that they will lose access to benefits in early November. Some states have already referring recipients to food banks or invite them to use the remaining benefits to purchase non-perishable goods.
In a September planning document before the shutdown, the USDA said it could use multi-year reserve funds to pay for SNAP benefits and keep the state running. But that document has been removed from the USDA website, and the department told SNAP directors earlier this month that it does not have enough funds to pay full benefits in November if the shutdown continues.
In a subsequent memorandum, the USDA said reserve funds “are not legally available to cover regular benefits.” It said the funds were earmarked for situations such as natural disasters and could not be used to supplement regular monthly benefits because Congress had not passed a federal budget. Shifting money from other sources would mean less funding for school meals and infant formula, the USDA added.
“Senate Democrats have already voted 12 times not to fund the food stamp program,” the USDA said on its website, referring to the standoff between Democrats and Republicans who have failed to agree on the 2026 federal budget. “As a result, the well dried up. At the moment, no benefits will be issued from November 1.”
We'd like to hear from you about how you're coping with the government shutdown, whether you're a federal employee who can't work right now, someone who relies on federal benefits like SNAP, or someone who's feeling the effects of other service closures in your daily life. Please contact us at [email protected] or contact us Here.
