Office of the
Illinois Attorney General
Kwame Raoul

Federal Judge’s Order Clarifies that USDA Must Use SNAP Contingency Funds

Chicago – Attorney General Kwame Raoul today issued the following statement after a federal judge in the U.S. District Court for Massachusetts issued an order finding that the U.S. Department of Agriculture (USDA) must use its Supplemental Nutrition Assistance Program (SNAP) contingency funds to provide benefits during the ongoing federal government shutdown. The order comes after Raoul and a coalition of 26 attorneys general and governors filed a lawsuit against the Trump administration on Tuesday for suspending SNAP benefits.

“Today’s order acknowledges, once again, that the rule of law and separation of powers still matter,” Raoul said. “Nearly 2 million Illinoisans rely on SNAP benefits to access healthy food for themselves and their families. The Trump administration’s unlawful attempt to cut off access to this vital program is nothing short of cruel and shortsighted, and I will continue to stand with other attorneys general to protect our residents from bearing the brunt of this administration’s illegal policies.”

While the court concluded it would take the plaintiff’s motion for TRO under advisement, today’s order makes clear that under the law, the USDA must use available contingency funds to pay for SNAP benefits and, if contingency funds cannot fully fund the program in November, the federal government has discretion to use other additional funding sources. The court has given the USDA until the end of the day on Nov. 3 to let the court know whether it will authorize benefits for November, and whether it will fully or partially fund the SNAP program. 

In their lawsuit, Raoul and the coalition highlight that the lapse in SNAP benefits will have dire consequences for the health and well-being of millions of Americans across the country who rely on the program to feed themselves and their families. The lapse will also put unnecessary strain on state and local governments and community organizations, as families increasingly rely on emergency services and local food pantries that are already struggling to fill a growing nutrition gap.

Today’s order stated that the plaintiffs are likely to succeed on their claim that USDA’s suspension of SNAP benefits is unlawful. Raoul and the coalition argued that suspending SNAP benefits is both contrary to law and arbitrary and capricious under the Administrative Procedure Act. They argued that the USDA does not have the authority to cease SNAP benefits as Congress has already appropriated funding for the program.

Raoul was joined in filing this lawsuit by the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington and Wisconsin. Also joining the complaint were the governors of Kansas, Kentucky and Pennsylvania.