New York Attorney General Letitia James, along with 24 other state leaders and the District of Columbia, has filed a lawsuit against the U.S. Department of Agriculture (USDA). The lawsuit challenges the federal government’s decision to suspend Supplemental Nutrition Assistance Program (SNAP) benefits during the ongoing federal shutdown.
The coalition argues that the USDA’s refusal to distribute November SNAP payments affects more than 40 million Americans, including nearly three million New Yorkers. According to Attorney General James and her colleagues, this action violates federal law since USDA is required to continue providing benefits as long as it has funding available. They assert that Congress allocated billions in contingency funds specifically for maintaining these benefits during funding gaps.
“Millions of Americans are about to go hungry because the federal government has chosen to withhold food assistance it is legally obligated to provide,” said Attorney General James. “SNAP is one of our nation’s most effective tools to fight hunger, and the USDA has the money to keep it running. There is no excuse for this administration to abandon families who rely on SNAP, or food stamps, as a lifeline. The federal government must do its job to protect families.”
SNAP is the largest anti-hunger program in the United States, serving over 42 million people nationwide. In New York State alone, nearly three million residents—including close to one million children and more than 600,000 older adults—rely on SNAP each month. Children and seniors account for almost 60 percent of all recipients nationally.
This marks the first time in SNAP’s six-decade history that monthly payments have been suspended due to a lapse in appropriations. On October 10, USDA told states to “hold” November benefit payments; two weeks later, it ordered all states to suspend benefits starting November 1. This move will stop food assistance for millions who depend on it.
Attorney General James and her counterparts maintain that this suspension was unnecessary because USDA still has access to at least $6 billion in contingency funds set aside by Congress for such emergencies. Historically, including during previous shutdowns under other administrations, these funds have been used so that SNAP operations could continue even when appropriations lapsed.
On October 24, however, the administration announced it would not use these funds for November benefits. The coalition warns this choice could have severe consequences for families across the country by increasing food insecurity.
On Friday before filing suit, Attorney General James and attorneys general from 22 other states sent a letter to USDA Secretary Brooke Rollins seeking clarification about plans for protecting food assistance during the shutdown and suggesting contingency funds be used as a solution. As of now, they have not received a response.
The coalition contends that suspending benefits violates both the Food and Nutrition Act—which requires assistance be provided “to all eligible households”—and the Administrative Procedure Act by making an arbitrary decision without proper justification. The lawsuit seeks immediate court intervention through a temporary restraining order requiring USDA to use available contingency funds for November SNAP payments in plaintiff states.
States joining New York in this legal action include Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Rhode Island, Vermont, Washington and Wisconsin; governors from Kansas, Kentucky and Pennsylvania are also participating.
