New York Attorney General Letitia James, along with a coalition of 24 other attorneys general, the District of Columbia, and three governors, has filed a lawsuit against the U.S. Department of Agriculture (USDA) for unlawfully suspending SNAP benefits during the ongoing federal government shutdown.
The lawsuit, announced October 28, seeks immediate court intervention to block the USDA from halting November food assistance payments—a move that could leave more than 40 million Americans, including nearly 3 million New Yorkers, without access to essential groceries.
“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.”
SNAP shutdown is unprecedented
The USDA’s decision marks the first time in the 60-year history of the Supplemental Nutrition Assistance Program that monthly benefits have been withheld during a lapse in federal appropriations. The agency initially said it would use contingency funds to continue payments, but on October 10, it instructed states to “hold” their November benefits—and two weeks later ordered a complete suspension, effective November 1.
The attorneys general argue that this move violates both the Food and Nutrition Act, which mandates food aid for all eligible households, and the Administrative Procedure Act, for being arbitrary and capricious.
At the heart of the lawsuit is the claim that USDA has at least $6 billion in contingency funds—specifically appropriated by Congress to prevent exactly this kind of disruption. Previous administrations, including during shutdowns under President Trump, kept SNAP payments flowing using similar reserves.
Millions at risk of hunger
SNAP currently serves more than 42 million Americans, including nearly 1 million children, over 600,000 older adults, and thousands of veterans in New York alone. With benefits averaging $650 million per month in New York, the coalition warns that halting them will have catastrophic consequences—not only for families, but for food banks, schools, and local economies.
The lawsuit requests a temporary restraining order directing the USDA to release contingency funds for the November SNAP payments immediately.
Broad multistate support
In addition to New York, attorneys general from 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, as well as the District of Columbia, have joined the legal effort.
Also backing the lawsuit are the governors of Kansas, Kentucky, and Pennsylvania.
So far, the USDA has not responded to a letter sent by the attorneys general on October 25 seeking clarification and urging use of the contingency funds.
“This is a choice,” James said. “And it’s a cruel one.”
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