WATCH: Dems in 26 states sue feds to release food benefits

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(The Center Square) – Democratic officials from California and 25 other states sued the Trump administration Tuesday to continue Supplemental Food Assistance Program benefits in November despite the federal government shutdown, now in its 28th day.

Without the money, benefits for SNAP, formerly known as food stamps, will stop Saturday, officials said.

The complaint seeking declaratory and injunctive relief was filed Tuesday in the U.S. District Court for Massachusetts.

Democrats and Republicans agree approximately 42 million people across the U.S. stand to lose their SNAP benefits if something isn’t done. Recipients vary from low-income individuals to seniors, veterans and people with disabilities.

Democrats say the U.S. Department of Agriculture can pull money from a contingency fund containing up to $6 billion. Republicans say Democrats could solve the whole problem now by agreeing to a continuing resolution to keep the federal government open. The GOP can't do that without the support of seven more Democrats because of a 60-vote requirement in the Senate.

In the meantime, the USDA on Oct. 10 sent a letter to state agencies directing them to put SNAP's November benefits on an indefinite hold. The USDA suspended SNAP benefits indefinitely on Oct. 24.

“The contingency fund is not available to support FY (fiscal year) 2026 regular benefits, because the appropriation for regular benefits no longer exists,” the USDA said in a news release. The department contends the contingency money is reserved for people affected by natural disasters.

But the plaintiffs in the suit insist the contingency funds can be used during the shutdown for regular SNAP payments. They say the suspension of SNAP benefits is unnecessary.

The SNAP money includes $1.1 billion in assistance to 5.5 million Californians, state Attorney General Rob Bonta told reporters Thursday in Sacramento.

Bonta, a Democrat, accused Republican President Donald Trump, the USDA and Agriculture Secretary Brooke Rollins of “using the federal shutdown as a scapegoat.” 

“Trump and Rollins have made it clear that the millions of family who rely on our government for food assistance are not a priority,” Bonta said. 

Bonta called the suspension of SNAP benefits illegal and noted it’s hurting millions of Americans in both red and blue states.

“The vast majority are families with kids, elderly individuals and people with disabilities,” Bonta said. “Society should be judged by how it treats the most vulnerable. Trump gets an F. …

“Every American, regardless of political affiliation, should be outraged,” Bonta said about 42 million people going hungry.

California Health and Human Services Secretary Kim Johnson warned poverty among Californians will be 3.1% higher without SNAP.

"That equals to 1.2 million more Californians," Johnson told reporters at the news conference.

Besides Bonta, those suing the Trump administration include Democratic attorneys general from Massachusetts, Arizona, Minnesota, Connecticut, Colorado, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Michigan, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington and Wisconsin. Also among the plaintiffs are Democratic governors from Kansas, Kentucky and Pennsylvania.

The defendants are the U.S., the USDA, Rollins, and the Office of Management and Budget and its director, Russell Vought.

“Across various previous federal government shutdowns, SNAP benefits have never been interrupted by a lapse in appropriations,” the complaint says.

The 51-page complaint asks the U.S. District Court to declare the USDA’s suspension of benefits unlawful and require the department to provide benefits for November. It also seeks preliminary and permanent injunctions and a temporary restraining order to prevent the Feds from trying to carry out the suspension under a different name.

Tuesday’s lawsuit marks California’s 45th one this year against the Trump administration, Bonta said.

Gov. Gavin Newsom, who was at the same news conference, said it was cruel for the Trump administration to deny food assistance.

To keep SNAP money flowing, the USDA is authorized to use the contingency money and has a legal obligation to spend all available dollars, Bonta argued.

“The Trump administration, however, has chosen instead to play politics with this essential safety net that so many people depend on — including 5.5 million individuals in California alone," Bonta said. "With the holidays around the corner, we are seeing costs for groceries continue to increase and food banks facing unprecedented demand. We are taking a stand because families will experience hunger and malnutrition if the Trump administration gets its way.”

While the case proceeds in court, California is fast-tracking $80 million in state money to stabilize food bank distribution and offset delays in SNAP benefits, which are called "CalFresh" in California, Newsom said.

Newsom’s office said the governor is also relying on the California National Guard and volunteers to help food banks by planning, packing, distributing and delivering meals to families in need. The governor’s office compared it to the distribution efforts during the COVID-19 pandemic.

The office cites the USDA’s 2025 Lapse of Funding Plan, dated Sept. 30, 2025.

"Core programs of the nutrition safety net, including the Supplemental Nutrition Assistance Program (SNAP), the Child Nutrition (CN) programs and the Special Supplemental Nutrition Program for Women, Infants and Children (WIC) shall continue operations during a lapse in appropriations, subject to the availability of funding," according to the plan.

"In addition, Congressional intent is evident that SNAP’s operations should continue since the program has been provided with multi-year contingency funds that can be used for State Administrative Expenses to ensure that the State can also continue operations during a Federal Government shutdown," the plan said.

The Center on Budget and Policy Priorities said the Trump administration could use its legal transfer authority to supplement contingency reserves, which by themselves aren't enough to cover November payments. The nonpartisan research institute said one in eight Americans rely on SNAP.

The center noted SNAP received $122.4 billion in funding in the Consolidated Appropriations Act of 2024.

The second number in the law is the “contingency reserve,” the center said. The contingency reserve grew to $6 billion: $3 billion from the fiscal year 2024 appropriation and $3 billion from the fiscal year 2025 full-year continuing resolution.

The center said the actual amount in the reserve may be down to somewhere between $5 billion and $6 billion because of administrative costs in October.