Massachusetts and nearly two dozen other states on Oct. 28 sued the Trump administration to try to force the government to keep funding the food stamp program even if Congress approves no new funding.
"The agency cannot simply suspend all benefits indefinitely, while refusing to spend funds from available appropriations for SNAP benefits for eligible households," they said.
The lawsuit cited federal law, which states that SNAP benefits "must be furnished to all eligible households."
Some $5 billion in contingency funds can be used in lieu of new funding from Congress amid the government shutdown, the officials said. The government can also pull from a separate fund that has more than $23 billion in it, they said.
The officials with states and the District of Columbia on Tuesday asked the federal court in Massachusetts to declare the department's directive illegal and order the department to furnish benefits already calculated by state agencies for November.
Defendants in the suit include the USDA and the U.S. Office of Management and Budget.
The USDA has said it does not comment on pending litigation.
The White House declined to comment.
Lawsuit Over SNAP Change
A day prior, food stamp recipients filed a class-action lawsuit in federal court in New York, alleging the USDA illegally terminated a blanket waiver that let adults who are not disabled and do not have any dependents ignore SNAP work requirements.SNAP participants must work at least 80 hours a month to receive food stamps, unless they are exempt for disability or another reason.
States for years could request waivers for able-bodied adults without dependents in areas with a "lack of sufficient jobs," with evidence including "a lack of jobs in declining occupations or industries." States frequently receive waivers. New York has received full or partial waivers since at least 2020.
"Able-bodied adults have ample opportunities to re-engage with their communities even in areas with relatively high unemployment through other activities that meet the requirement," the agency said. "Additionally, State agencies must screen each work registrant to determine if it is appropriate, based on the State agency’s criteria, to refer the individual to a SNAP Employment and Training program."
About 100,000 SNAP recipients in New York City would be impacted by the termination of the waiver, local officials said.
Plaintiffs are asking a judge to block the USDA from terminating the waiver, pending a hearing on the action.