New York has joined a coalition of states suing the U.S. Department of Agriculture seeking to force the federal government to provide funding for a federally subsidized food assistance program that is set to stop Saturday as the federal government shutdown enters its fourth week.

Announced Tuesday by New York Attorney General Letitia James, who is pursuing the case alongside 24 other states and the District of Columbia, the lawsuit challenges the USDA’s decision to refrain from issuing November benefits for the Supplemental Nutrition Assistance Program, which provides low-income individuals and families monthly payments to help buy food.

The states allege the move violates federal law because the agency has access to at least $6 billion in contingency funds that are meant to be used for just such a purpose.

“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 press 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,” she added. “The federal government must do its job to protect families.”

SNAP, which provides benefits to more than 42 million people nationwide, provided roughly $650 million to 3 million New York residents each month in fiscal year 2025. Gov. Kathy Hochul has stated that the state will apply funds to help pick up the slack from halted SNAP funding.

In a Friday memo, the USDA contends that its contingency funds cannot be used in to offset the shutdown because they are “only available to supplement regular monthly benefits when amounts have been appropriated for, but are insufficient to cover, benefits.” House Speaker Mike Johnson reiterated that statement at a Monday news conference.

And in an announcement posted Sunday on its website, the USDA attributed the funding gap to Senate Democrats as the politically charged battle in Congress continues over the spending bill needed to reopen the government continues, saying the country is “reaching an inflection point” and “the well has run dry.”

New York Republicans also argued that Democrats in Congress, including those from New York, are to blame.

“Their reckless decision to block a clean funding bill has left 42 million Americans — including children, seniors, and working families — at risk of losing their November food benefits, just in time for Thanksgiving,” New York Republican Party Chair Edward F. Cox stated Sunday.

The move is a departure from President Donald J. Trump’s administration’s previous statements that it would use contingency funds to continue providing benefits. A funding lapse plan prior to October stated that, “congressional intent is evident that SNAP’s operations should continue since the program has been provided with multi-year contingency funds” that can be used during a shutdown.

The attorneys general pursuing the case contend that the suspension violates two federal laws: the Food and Nutrition Act, which created SNAP, and the Administrative Procedure Act, which governs how federal agencies make rules. They are seeking a temporary court order forcing the USDA to use contingency funds for November benefits for plaintiff states.