New York Attorney General Letitia James and 24 other state leaders and the District of Columbia on Tuesday sued the U.S. Department of Agriculture (USDA) for suspending Supplemental Nutrition Assistance Program (SNAP) benefits during the ongoing federal government shutdown.
The coalition argued that the administration’s refusal to issue November SNAP payments to more than 40 million Americans – including nearly three million New Yorkers – violates federal law because the USDA is legally required to continue providing benefits as long as it has funding. The USDA has access to at least $6 billion in contingency funds appropriated by Congress for exactly this purpose, the coalition said.
The coalition is asking the court to intervene immediately and ensure USDA uses its existing contingency funds to maintain life-saving food assistance benefits through the shutdown.
“Millions of Americans are about to go hungry because the federal government has chosen to withhold food assistance it is legally obligated to provide,” James said in a statement. “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.”
The USDA on Monday posted a notice on its website saying SNAP benefits will not go out next month, noting that "the well has run dry."
In New York, SNAP serves nearly three million people, including nearly one million children and over 600,000 older adults. Approximately 7% of New York SNAP recipients are disabled. This past year, New Yorkers received approximately $650 million in SNAP benefits each month.
The coalition asserts that cutting SNAP food aid is a violation of the Food and Nutrition Act, which requires that “assistance under this program shall be furnished to all eligible households,” and the Administrative Procedure Act, because the action is arbitrary and capricious.
The coalition is seeking a temporary restraining order directing USDA to put available contingency funds toward November SNAP benefits for all plaintiff states.
