Attorneys general and governors from 25 Democrat-led states filed a lawsuit on Oct. 28 in an attempt to force the Trump administration to fund the nation’s largest food aid program benefits amid the federal government shutdown.

The suit, filed in federal court in Boston, comes after the U.S. Department of Agriculture said it can't use contingency funds to pay for the Supplemental Nutrition Assistance Program, or SNAP, commonly known as food stamps. About 42 million Americans rely on the federal program, which provides low-income families monthly benefits to afford healthy food.

The lawsuit argues suspending SNAP benefits is avoidable, arbitrary and is being carried out in violation of the Food and Nutrition Act, which requires that “assistance under this program shall be furnished to all eligible households."

"Millions of Americans are about to go hungry because the federal government has chosen to withhold food assistance it is legally obligated to provide," New York Attorney General Letitia James said in a statement.

The plaintiffs, led by the attorneys general of Massachusetts, California, Arizona, Minnesota and the District of Columbia, have asked that a judge move rapidly to force the USDA to use available contingency funds for November SNAP benefits and ensure that millions of families do not lose access to food assistance in the coming days.

Why the USDA says it can't use contingency funds for SNAP

The federal government shut down on Oct. 1 after Congress failed to agree on funding allocations for the 2026 fiscal year.

The USDA issued a shutdown contingency plan, which said a reserve of contingency funds could be used to pay benefits directly. But the agency warned SNAP and the Special Supplemental Nutrition Program for Women, Infants and Children, or WIC, were in jeopardy, and the plan was ultimately removed from its website.

"Bottom line, the well has run dry. At this time, there will be no benefits issued November 1," the agency said in a message on its website that pointed blame at Democratic lawmakers for the shutdown.

In a letter shared with USA TODAY, the USDA said the contingency money is available only "to supplement regular monthly benefits when amounts have been appropriated for, but are insufficient to cover, benefits."

"The contingency fund is not available to support FY 2026 regular benefits, because the appropriation for regular benefits no longer exists," the letter said.

But the lawsuit says this claims runs "contrary to the plain text of the congressional appropriations law, which states that the reserves are for use 'in such amounts and at such times as may become necessary to carry out program operations' under the Food and Nutrition Act of 2008."

California Attorney General Rob Bonta said at a news conference that the plaintiffs believe the USDA has access to up to $6 billion in contingency funds and possibly more to fund SNAP, which would be enough to cover the cost of benefits for November.

"All they have to do is spend that money that is there for this purpose," Bonta said. "But they’re not."

But Agriculture Secretary Brooke Rollins estimated SNAP benefits for November would cost more than $9 billion.

"We don’t even have close to that in contingency funding," Rollins said in a Tuesday afternoon interview on CNN.

During the shutdown, Rollins said the department has spent money to open FSA officers for farmers as well as pay food and safety inspectors while also maintaining the SNAP program in October. She also downplayed the previous USDA guidance that said contingency money would be available "in the event that a lapse occurs in the middle of the fiscal year" as an "iterative document."

"The SNAP program in November costs $9.2 billion," Rollins said. "We don’t have the legal authority, as of today, to distribute anything less than that through the formulas, etcetera. We're obviously looking at all of this as we move forward."

Impact of SNAP cuts will be 'catastrophic,' officials warn

DC Attorney General Brian L. Schwalb said in a statement if the cuts are allowed to go through, the adverse affects "on public health, education, and public safety will be immediate, catastrophic and irreparable."

Bonta said states have been left to "clean up the federal government’s mess," processing applications knowing applicants won’t receive benefits and funneling resources to already-strained foodbanks.

"Cruelty is the policy. That’s what this is about," California Gov. Gavin Newsom said at an Oct. 28 news conference. "It’s intentional cruelty, intentionally creating anxiety for millions of people."

(This story has been updated to add new information.)

Contributing: Reuters

This article originally appeared on USA TODAY: States SNAP back, sue Trump administration over food aid cutoff

Reporting by N'dea Yancey-Bragg, Joey Garrison and Melina Khan, USA TODAY / USA TODAY

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