Democratic AGs, governors sue Trump over SNAP benefits as shutdown hits day 28

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A coalition of Democratic state officials sued the Trump administration Tuesday, asking a federal judge to force the release of food assistance funds for 42 million people that the U.S. Department of Agriculture has said cannot be paid during the ongoing government shutdown.

Attorneys general representing 22 states and the District of Columbia and three governors launched the suit days before benefits are expected to be cut off for low-income Americans enrolled in the USDA’s Supplemental Nutrition Assistance Program, or SNAP, on Nov. 1.

Despite holding $6 billion in a reserve fund, USDA said last week it would not process November SNAP benefits without fiscal 2026 funding approved by Congress.

The USDA’s refusal to provide November benefits runs contrary to precedent from other recent shutdowns, and even the department’s own Sept. 30 contingency plan that said the contingency fund would be used to continue benefits through the shutdown.

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The administration has also shuffled some other money to provide funding for certain programs, but not SNAP.

The Democratic officials said those factors made the decision arbitrary and capricious, a violation of federal administrative law, and asked a federal court in Massachusetts to order the USDA’s move unlawful and block the administration from putting it in place.

“It is an abuse of discretion for Defendants to decline to use available appropriations, including the SNAP contingency reserve, to fund benefits for the mandatory SNAP entitlement program,” they wrote.

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