NORTH CAROLINA — After learning food stamps funding will be delayed as the government shutdown continues, state Attorney General Jeff Jackson is joining a nationwide lawsuit to take the U.S. Department of Agriculture, its secretary, Brooke Rollins, and the Office of Management and Budget and its director, Russell Vought, to court.
READ MORE: Local seniors furloughed by DEI executive order, government shutdown prolongs pain
“The USDA has broken the law in a way that will create really severe consequences for a lot of vulnerable people,” Jackson said in a news conference Tuesday.
The department informed the states last week it will not fund the Supplemental Nutrition Assistance Program, or SNAP, starting in November, stating insufficient funds. This will affect 42 million Americans, 1.4 million of them North Carolinians, including almost 600,000 children and more than 40,000 infants 18 months or younger.
In North Carolina, four in five recipients of SNAP are children, the elderly or people with disabilities. According to the North Carolina Department of Health and Human Services, 80% of the people who receive funds are also working adults.
The lawsuit was filed in a Massachusetts U.S. District Court and alleges violations of both the SNAP Act and Administrative Procedure Act. Twenty-one attorney generals and three governors claim the USDA overstepped Congressional procedure and asks for a restraining order to allow SNAP benefits to continue immediately.
NCDHHS’ Chief of Staff Jon Kappler said the benefits total between $230 and $250 million monthly in the state. While the federal government funds the program to be distributed through the states, both share in SNAP’s administrative costs, with North Carolina budgeting $196 million in 2025. The USDA noted if states also pick up the tab to cover the benefits in November, the federal government will not reimburse them; Louisiana, Virginia and New York, for example, are picking up the coverage of costs for its programs.
Though citing lack of money, the USDA has almost $6 billion in federal contingency funds, as appropriated by Congress, to keep SNAP running through November, according to Jackson. However, nationwide it would need $9 billion to fund every state’s SNAP needs for the month. But the USDA noted it will pause funding because contingency money is meant for situations like natural disasters.
“The department is looking to ratchet up the pain in an already painful moment,” Jackson said, calling the move illegal and “shutdown politics.” “This department cannot effectively override Congress.”
The federal shutdown began Oct. 1, furloughing roughly 700,000 federal employees, though some are continuing to work without a paycheck. Senate did not have enough votes to pass a budget, due to the omission of insurance subsidies continuing under Obamacare. The aftereffect is anticipated to double or triple premiums for many people nationwide if tax credits aren’t extended.
The Trump administration’s USDA has pinned a note to the top of its website blaming Democratic politicians for the shutdown and SNAP’s funding pause. The message in full notes:
“Senate Democrats have now voted 12 times to not fund the food stamp program, also known as the Supplemental Nutrition Assistance Program (SNAP). Bottom line, the well has run dry. At this time, there will be no benefits issued November 01. We are approaching an inflection point for Senate Democrats. They can continue to hold out for healthcare for illegal aliens and gender mutilation procedures or reopen the government so mothers, babies, and the most vulnerable among us can receive critical nutrition assistance.”
Jackson surmised SNAP pays out around $175 a month to each qualifying North Carolinian to help cover basic food and nutrition needs. He stated Tuesday that Congress gave the USDA the billions of dollars in contingency for times of an emergency, clarifying the shutdown would constitute one. However, multiple outlets, such as The Associated Press, have reported the USDA concluded these funds cannot be used for “regular” food stamp allocations.
On Tuesday, House Speaker Mike Johnson said the emergency “has to be a preexisting appropriation for the contingency funding to be used, and Democrats blocked that contingency” — inferring the party manufactured the government shutdown.
According to Jackson, currently serving his first term, the USDA has given out billions for other programs and moved funds for nutritional benefits for infants and pregnant women during this time.
The lawsuit also describes the USDA reversed course from previously saying emergency funds would cover SNAP, announced on the eve of the shutdown as part of its “Lapse of Funding Plan.”
Earlier this month, Jackson signed a letter with the other 21 AGs demanding answers on how the USDA would move forward with spending the contingency funding. It indicated if answers weren’t received by Oct. 27, a lawsuit would follow.
In a memo sent to the states on Oct. 24 the USDA noted SNAP funding would cease.
“This is a deliberate precipitation of a hunger crisis,” Jackson said, noting the consequences of the funding gap will be overwhelming, if not devastating, to food pantries, nonprofit organizations, churches and the like.
A group of food banks announced Tuesday that for every meal served at a food bank in North Carolina, nine meals are provided for SNAP recipients.
The Food Bank of Central and Eastern North Carolina, which serves the greater Wilmington region, is already feeling the pressure. Its Market on Greenfield Street has had a 50% increase of service needs from mid-summer, according to Emily Kraft, director of community outreach. This is due to a multitude of factors: instability of employment status and pay, increased costs of items due to inflation, caretaking of children and elders, immigration status and more.
“As circumstances continue without solutions and are compounded by the government shutdown and potential disruption in SNAP benefits, the need increases,” she said.
Kraft explained there are 40,000 federal workers and 96,000 active-duty service members statewide — “many of whom might be experiencing food insecurity for the first time.” The food bank has targeted distribution in areas with concentrated federal workers, such as correctional facilities and airports. But Kraft was clear that organizations working in food insecurity don’t desire a long-term shutdown.
“It’s a reminder that there is no ‘one size fits all’ face of food insecurity — that many North Carolinians are one life event away from having to make difficult choices such as food or rent, food or medicine, food or childcare,” Kraft said.
The Food Bank is tapping into its reserve funding currently to keep shelves stocked with produce and proteins to help supplement community donations. Every $10 donated to the organization helps supply 30 meals and volunteers are always being accepted.
As well, the government shutdown has delayed the Food Bank’s reimbursements for federal programs it administers, like SNAP Outreach or The Emergency Food Assistance Program. AG Jackson explained in a release Tuesday that in the spring the USDA cut $500 million nationwide from TEFAP food deliveries.
“It is equally important to name that the ongoing erosion of the federal safety net is creating an even deeper crisis,” Kraft said. “These are some of our most effective tools to combat poverty — and they’ve been supported by Democrats and Republicans alike for decades. Allowing short-term negotiations to leave cuts to SNAP and Medicaid in place will have lasting consequences for our neighbors who deserve the security of knowing they can put food on the table and access basic healthcare services.”
Gov. Josh Stein indicated Monday the recent chain of events is a brutal blow to many families in North Carolina, especially as the Thanksgiving holiday approaches. He called on lawmakers to work more cooperatively.
“Congress owes it to the American people to return to the negotiating table and come together to reopen the government, stop health care premiums from skyrocketing, and ensure stability for hardworking people across our state and country,” he said in a release.
The AG’s legal action Tuesday does not cover funding which could expire for the Special Supplemental Nutrition Program for Women, Infants and Children (WIC) program. NCDHHS noted Monday that in addition to SNAP, it also doesn’t have funding past November for the 262,000 enrolled in WIC. The program benefits pregnant women and new mothers with infants and children who receive funding for formula, nutritious items like milk, eggs, peanut butter, and more.
“But we are keeping our eye on it,” Jackson said at Tuesday’s press conference.
Anyone who receives SNAP or WIC should continue to check their balance here and continue to apply and renew, according to Kappler.
“We know this is a stressful and unknown time for many families,” he said. “If you or family are in immediate need of food, call 211 to connect with local resources.”
The Food Bank of Central and Eastern North Carolina also has a food finder tool, accessible here.
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