(MENAFN) Twenty-five U.S. states and the District of Columbia have filed a lawsuit against the Trump administration over plans to stop funding for food aid used by more than 40 million low-income Americans. The legal action seeks to compel the administration to release roughly $6 billion from an emergency contingency fund for the Supplemental Nutrition Assistance Program (SNAP), commonly known as food stamps.

The U.S. Department of Agriculture (USDA), which administers SNAP, has stated it will not tap the contingency fund, arguing the money may be needed for future emergencies such as natural disasters. With the federal government still shut down, Republicans and Democrats remain at an impasse, delaying a resolution. “Bottom line, the well has run dry,” the USDA said in a notice on SNAP benefits.

The lawsuit, led by Democratic attorneys general, contends that withholding these funds is unlawful and would deprive millions of Americans of access to basic groceries. The complaint notes that this would mark the first time in SNAP’s history that contingency funds are left unused. “Shutting off SNAP benefits will cause deterioration of public health and well-being,” the suit reads. “The loss of SNAP benefits leads to food insecurity, hunger, and malnutrition, which are associated with numerous negative health outcomes in children, such as poor concentration, decreased cognitive function, fatigue, depression, and behavioral problems.”

States participating in the lawsuit include Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and Wisconsin. California Governor Gavin Newsom condemned the Trump administration’s decision, calling it “cruel” and accusing the president of ignoring the needs of millions of Americans.

The USDA, in response, blamed Democrats for the fund running dry and suggested that reopening the government was necessary to ensure timely distribution of SNAP and WIC benefits. Even if the contingency fund is used, the Center on Budget and Policy Priorities (CBPP) notes it would cover only about 60% of one month’s benefits. SNAP provides reloadable debit cards for essential groceries, with an average family of four receiving $715 per month—roughly $6 per person per day.

While states manage the program, much of the funding comes from the federal government. Some states have pledged to use their own funds to cover shortfalls, but federal officials warned they would not be reimbursed. Others, including Massachusetts, say they lack sufficient resources to compensate for the halted funding. In response, many states are working with SNAP recipients to locate charitable food sources, and California has deployed its National Guard to assist with food distribution.

The federal government shutdown, which began on October 1, entered its 28th day on Tuesday, making it the second-longest in U.S. history.

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