AG Jennings sues Trump Administration for illegally suspending SNAP benefits

Attorney General Kathy Jennings joined a coalition of 22 other attorneys general and three governors today in filing a lawsuit against the United States Department of Agriculture (USDA) and its Secretary Brooke Rollins for unlawfully suspending the Supplemental Nutrition Assistance Program (SNAP), which helps more than 40 million Americans buy food, due to the ongoing federal government shutdown.

"Let me put this simply: if SNAP benefits do not go out next month, our state's food banks will be overwhelmed, and thousands of Delawareans will go hungry," said Attorney General Kathy Jennings. "That cannot happen. The Trump Administration has both a moral and a legal obligation to prevent that from happening - and they can do so whenever they wish."

"SNAP isn't a political bargaining chip - it's lifesaving help for working families, kids, and seniors," Governor Matt Meyer said. "With 60,000 Delaware households set to lose SNAP benefits on November 1, I stand with Attorney General Jennings and my fellow governors in urging the court to restore SNAP funding immediately and protect access to food for every family that needs it."

On October 1, 2025, the new federal fiscal year began without an appropriation by Congress to fund the federal government, creating a "government shutdown." On October 10, USDA sent a letter to state SNAP agencies saying that if the shutdown continues, there will be insufficient funds to pay full November SNAP benefits for the approximately 42 million individuals across the country that rely on them.

Despite USDA's claim of insufficient funds, the agency has access to billions of dollars in SNAP-specific contingency funds appropriated by Congress for this very purpose. Furthermore, USDA has funded other programs with emergency funds during this shutdown, but has refused to fund SNAP, leaving millions of Americans without the assistance they need to buy food. It is clear the federal government is making a deliberate, illegal and inhumane choice not to fund the crucial SNAP program.

The lapse in benefits will have dire consequences for the health and well-being of millions across the country, who rely on the program to feed themselves and their families. This 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. It will affect our school systems and college and university communities, where food insecurity will stand in the way of educating our students. Suspending SNAP benefits will also harm the hundreds of thousands of grocers and merchants that accept SNAP payment for food purchases across the country. USDA has estimated that in a slowing economy, every $1 in SNAP benefits generates $1.54 in economic activity.

In Delaware, thousands of people stand to be without benefits in the coming days. An average of 119,000 people receive SNAP benefits in Delaware each month, including approximately 60,000 families and 45,000 children; this represents roughly 11 % of Delawareans or 1 out of 9 of our community members.

While the federal government funds and sets the monthly amount of SNAP benefits, states are responsible for administering programs in their state. Suspending SNAP benefits in this manner is both contrary to law and arbitrary and capricious under the Administrative Procedure Act. Where Congress has clearly spoken, providing that SNAP benefits should continue even during a government shutdown, USDA does not have the authority to say otherwise. The coalition will also be filing a temporary restraining order later today asking the court to immediately turn benefits back on.

Joining AG Jennings in filing this lawsuit are the attorneys general of Arizona, California, Colorado, Connecticut, the District of Columbia, Hawai'i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, and Wisconsin. The Governors of Kansas, Kentucky, and Pennsylvania have also joined.

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