In a Brooklyn kitchen, where canned goods line the shelves like a makeshift fortress, 41-year-old teacher Aisha Johnson pauses midway through meal prep for her three kids. “We’ve got pasta and tuna for a week,” she says, her voice a mix of defiance and worry. “But if SNAP stops on November 1? School lunch is all they’ll have.”
Johnson’s anxiety mirrors a growing crisis across the nation, as 25 Democratic-led states filed a lawsuit on October 28, 2025, against the U.S. Department of Agriculture (USDA), accusing the agency of unlawfully suspending Supplemental Nutrition Assistance Program (SNAP) benefits during the federal shutdown.
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The suit, Commonwealth of Massachusetts et al. v. USDA, was filed in the U.S. District Court and co-led by Massachusetts, New York, and California. It argues the USDA’s refusal to issue November benefits, despite access to roughly $5.5 billion in contingency reserves, violates the Food and Nutrition Act, which directs the agency to ensure food aid continues even during lapses in federal funding.
According to the complaint, the USDA’s October 10 and October 24 letters to state SNAP agencies instructed them to withhold benefit files and confirmed that no November payments would be issued “absent further appropriation.” The plaintiffs claim that the decision is “contrary to law” and “arbitrary and capricious” under the Administrative Procedure Act, citing provisions of 7 U.S.C. § 2014 and § 2027.
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“SNAP benefits have never before been interrupted by a lapse in appropriations,” the filing states, alleging USDA’s inaction will deepen hunger and disrupt public health systems nationwide.
New York Attorney General Letitia James called the USDA’s decision “holding SNAP hostage,” warning that roughly 3 million New Yorkers, including 1.2 million children, could lose access to benefits if payments stop.
California’s Attorney General Xavier Becerra said the move threatens 4.5 million CalFresh participants, projecting “catastrophic” ripple effects for food banks and community pantries already nearing capacity.
Illinois AG Kwame Raoul added that 2 million residents in his state rely on the program, with hospitals bracing for malnutrition-related admissions should the shutdown drag on.
The lawsuit builds on precedents from 2013 and 2019, when USDA continued benefit distribution through short-term contingency measures. Plaintiffs argue the agency retains the same authority now and that failing to use it will drive an avoidable spike in hunger.
The Center on Budget and Policy Priorities (CBPP) estimates food insecurity could rise 20 to 30 percent nationwide if November benefits lapse, a figure cited in the complaint as evidence of irreparable harm.
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The administration maintains that the $5.5 billion reserve is designated for natural disasters such as hurricanes or wildfires, not “political gridlock.” A USDA memo dated October 24 framed the halt as a matter of “fiscal responsibility” amid the ongoing budget standoff.
Republican lawmakers, including Sen. John Thune (R-S.D.), have defended that position, arguing Democrats are weaponizing the shutdown debate.
But critics, including more than 200 members of Congress and major hunger-relief organizations, have blasted the move as “heartless” and “unprecedented.”
Feeding America, a national food-bank network, said pantries are already operating at 80 percent capacity, warning that “up to 10 million children could skip meals” if the lapse continues.
For families like Johnson’s in Brooklyn, the uncertainty feels immediate. Her $450 monthly SNAP allotment covers staples like cereal, milk, and canned beans. Without it, she says, rent and groceries can’t coexist. “We can’t eat promises,” she adds.
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In Los Angeles, a single mother interviewed by local nonprofit advocates echoed the strain, describing plans to ration food through church donations if benefits don’t resume. Some states, such as Virginia, are using small surpluses to cushion the delay, but most lack such reserves.
The coalition seeks a preliminary injunction ordering USDA to release contingency funds before November 1. Legal experts say a ruling could come within days, though a broader resolution depends on whether Congress passes a continuing resolution (CR) to reopen government funding.
If a CR passes by October 31, full benefits could resume. Otherwise, advocates warn, millions of low-income households will face a hunger crisis not seen since the pandemic.
Officials urge SNAP recipients to check benefit balances frequently, call 211 for local food assistance, and contact elected representatives. As Attorney General James put it, “Feeding families is not a partisan issue, it’s a moral one.”
