California attorney general says stalling SNAP benefits is unlawful, vows to fight for most vulnerable

California has joined 25 other states in suing the Trump administration and the U.S. Department of Agriculture (USDA) over its decision to indefinitely pause Supplemental Nutrition Assistance Program (SNAP) benefits. This is the 45th lawsuit California has launched against the administration so far.

The motion was filed Tuesday morning in the U.S. District Court for the District of Massachusetts and claims the USDA is illegally withholding contingency funds meant to keep SNAP running during situations like a government shutdown. The USDA maintains that it cannot legally use the $6 billion contingency fund to continue benefits because that may be taking money away from disaster aid programs.

“They are doing this on purpose, it is deliberate, it is intentional,” said California Attorney General Rob Bonta during a press conference on Tuesday. “The vast majority of SNAP recipients are families with kids, elderly individuals and people with disabilities. These are our most vulnerable. Society should be judged on how we treat the most vulnerable. Trump gets an ‘F’ for what he is doing here."

As a result of the ongoing government shutdown, which began on Oct. 1 and has continued due to Congress’ inability to agree on a funding bill, the USDA advised SNAP programs nationwide that there would be insufficient funding to cover benefits in November and therefore would be suspending the program for that month. SNAP is known as CalFresh in California.

Bonta and the other co-filers, however, say this move is not only unlawful, but unprecedented. Since SNAP was rolled out in 1964, the program has never lapsed in funding, even during government shutdowns. 

The suit names U.S. Secretary of Agriculture Brooke Rollins, the U.S. Office of Management and Budget and Secretary Russell Vought and the U.S. as defendants. Bonta, alongside 23 attorneys general and three governors, are asking for a judge to declare the USDA’s actions as unlawful and rule that the contingency funds be used to keep the program running. 

If they win in court, the 26 states (which includes the District of Columbia), participating in the lawsuit will receive their SNAP funding, while the states who did not participate will continue to see an indefinite pause in SNAP benefits.

Notably, the USDA originally issued a Lapse of Funding Plan on Sept. 30, stating that it has “multi-year contingency funds” ready to be used for SNAP operations in the case of a government shutdown. Then, on Oct. 10, the department sent a letter to state agencies saying it was in the process of preparing for a contingency plan. This memo stated “there will be insufficient funds to pay full November SNAP benefits.”

On Oct. 24, USDA formally suspended SNAP benefits indefinitely, stating it could not legally use the $6 billion in contingency funds, seemingly contradicting its Sept. 30 memo. Bonta called this move a “complete 180.”

In California, 1.1 million adults over the age of 60 and over 84,000 veterans are among those being impacted by the suspension, according to California Secretary of Health and Human Services Kim Johnson.

On average, CalFresh provides $194 per individual and $333 per household each month, said Johnson.

“Cruelty is the policy, that's what this is about,” said Governor Gavin Newsom on Tuesday. He continued, "Intentionally creating anxiety for millions and millions of people … our state of mind is pretty clear. We’re going to win this lawsuit.”

In response to the pause in benefits, Newsom announced last week that he would deploy National Guard troops and volunteers to a network of food pantries across the state to help with operations. The governor also fast tracked $80 million to California’s food banks.

397 members of California Volunteers, a state office tasked with engaging Californians in volunteer service, were sent to food banks across the state with hundreds more ready to be deployed as needed, according to Newsom. Approximately 35 National Guard members were also sent to support operations and there are about 150 members available as requested, according to the governor.

The state has met with advocacy groups who have expressed concerns that seeing uniformed National Guard members may unnerve people and scare them from utilizing food banks. This is why, the governor said, National Guard troops are only being sent to pantries who request their logistical support.

“We’re not trying to do things to you, but with you to the extent you need it,” said Newsom. “... I hope it’s a model that will encourage others.”

In L.A. County, there are approximately 1.5 million people who rely on CalFresh support. To help ease the burden on these individuals, L.A. Care Health Plan, the nation’s largest publicly operated health plan, is donating up to $5.4 million to fill the gap.

L.A. Care is sending up to $5 million to the Los Angeles Food Bank, the YMCA of Metropolitan Los Angeles and Food Forward, a nonprofit that distributes surplus fresh fruits and vegetables. Working with local community organizations, L.A. Care is also investing $400,000 to provide its members and CalFresh recipients with gift cards to purchase groceries, as well as fresh food and produce. 

“We know that good health starts with access to nutritious food,” said Martha Santana-Chin, CEO of L.A. Care in a prepared statement. “Many of our members and their communities are facing real hardship right now, and we’re grateful to be able to offer help when it’s needed most -  because no one should have to choose between paying your bills and putting food on the table.”

Individuals can also find food assistance near them at findhelp.org, or by texting 211 to speak with a community specialist to find nearby food resources. By texting 898211, individuals can find further information on food support near them.

With additional reporting by Joanna Jacobo.