Attorney General James Sues Federal Government Over Suspension of SNAP Benefits During Shutdown

Multistate Coalition of 26 Attorneys General and Governors Seeks to Protect Food Assistance for Millions

(WNY News Now) – NEW YORK — New York Attorney General Letitia James announced that she and a coalition of 24 other attorneys general, along with the District of Columbia and three governors, have filed a lawsuit against the U.S. Department of Agriculture (USDA) for allegedly violating federal law by suspending Supplemental Nutrition Assistance Program (SNAP) benefits during the ongoing federal government shutdown.

The coalition contends that the USDA’s decision to halt November SNAP payments for more than 40 million Americans — including nearly three million New Yorkers — is unlawful because the agency has access to billions in contingency funds specifically appropriated by Congress to maintain benefits during lapses in government funding. The lawsuit asks the court to require USDA to release those funds immediately to prevent widespread food insecurity.

“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, the nation’s largest anti-hunger initiative, supports over 42 million low-income Americans, including children, seniors, veterans, and individuals with disabilities. In New York alone, SNAP serves nearly three million residents, distributing about $650 million in benefits monthly.

For the first time in SNAP’s 60-year history, the federal government is refusing to issue monthly food assistance due to a funding lapse. After initially indicating it would use contingency funds to sustain operations, the USDA on October 10 instructed states to hold November payments and, two weeks later, ordered a full suspension effective November 1.

The lawsuit argues that USDA’s directive violates the Food and Nutrition Act, which mandates that benefits be provided to all eligible households, as well as the Administrative Procedure Act, claiming the agency’s decision is arbitrary and capricious. The coalition seeks a temporary restraining order compelling USDA to use its contingency funds to issue November benefits.

State leaders emphasize that USDA currently holds at least $6 billion in contingency funds designated to sustain SNAP during government shutdowns. Previous administrations, including during the 2018–2019 shutdown, continued issuing benefits under similar circumstances.

Attorney General James and 22 colleagues also wrote to USDA Secretary Brooke Rollins earlier this month seeking clarification on the agency’s plans to protect food assistance, but they report receiving no response.

Joining New York in the lawsuit are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Rhode Island, Vermont, Washington, Wisconsin, and the District of Columbia, along with the governors of Kansas, Kentucky, and Pennsylvania.