North Carolina Attorney General Jeff Jackson is joining other Democratic officials across the country to sue the federal government and try to make it use reserve funds to keep funding food benefits amid the ongoing federal shutdown.
Congress gave the U.S. Department of Agriculture a $6 billion contingency reserve for the SNAP program, which the lawsuit states costs that agency about $8.3 billion to operate each month. North Carolina is one of 25 states with Democratic attorneys general or governors that is asking a federal court to require USDA to tap those funds to keep benefits in place.
Without action, new SNAP benefits are set to stop rolling out on Saturday.
"If Congress gives a department money to fund a program, that department cannot refuse to fund that program. That would be the department effectively overriding Congress, and courts have been very clear that they're not allowed to do that," Jackson said during a press conference Tuesday.
There are about 1.34 million North Carolinians who receive SNAP benefits, according to DHHS. That costs between $230 and $250 million each month, which the federal government typically sends to the state to administer the program.
Earlier this month, the U.S. Department of Agriculture told the DHHS to hold off on distributing November benefits if the federal shutdown was ongoing.
Then, on Friday, USDA sent states a notice saying it would not be using the $6 billion SNAP contingency fund to provide benefits in November. And if states used their own money to provide the benefits, the USDA notice said, the federal government does not plan to reimburse them once the shutdown ends.
“The administration’s refusal to use these available funds as temperatures cool and the Thanksgiving holiday approaches is a cruel abdication of the responsibility to support families and communities,” Gov. Josh Stein, a Democrat, said in a statement Monday.
North Carolina’s roughly 1.34 million in SNAP beneficiaries are spread across about 600,000 households. About 580,000 children, including about 43,000 infants, are among the program’s beneficiaries
The impact of any pause in SNAP benefits would be especially acute in rural communities, Jonathan Kappler, DHHS' chief of staff, said Tuesday. About one in six rural North Carolinians are enrolled in the program, and the impacts could also ripple throughout rural economies.
"When funding is delayed, local grocery stores, farmers and small businesses all feel it. In many communities, SNAP is one of the strongest lifelines in supporting both families and local economies," Kappler said.
The lawsuit, filed in U.S. District Court in Massachusetts, asks the court to prevent USDA from pausing payments in November, so long as funds are available.
"I hope that it happens before November 1. There is some chance of that, theoretically, but we are asking for the court to act as quickly as possible, given the circumstances," Jackson said.
Food banks worried about high demand
Safety net resources will not be able to handle the anticipated demand if SNAP is paused, officials warned Tuesday.
"Food pantries and churches and nonprofits do great work, but they cannot scale up to meet the need of 600,000 kids who will not have enough to eat starting next week. This is the deliberate precipitation of a major crisis," Jackson said.
Amy Beros, the CEO of the Food Bank of Central and Eastern North Carolina, said in a statement that the USDA should release the reserve funds. Food banks and volunteers will mobilize to try to meet the moment, but, Beros warned, they won't be able to replace the federal program.
"SNAP remains the most effective tool in fighting hunger and poverty nationwide. We need swift action to ensure this critical support continues uninterrupted for those who need it most. Every day of delay means more empty plates and tougher choices for our neighbors," Beros wrote.
Food banks statewide have already seen a roughly 30% increase in demand from last year, with areas that were hit by Hurricane Helene seeing particularly steep demand.
In a press release, Feeding the Carolinas said that not funding SNAP will lead to a sharp increase in hunger. And food banks are already struggling with decreased funds from state and federal governments.
"Shutdowns and short-term fixes are not strategy. Continuing resolutions are not stability. Nutrition programs must be funded fully and predictably so that families, farmers, schools, and health systems are not held hostage to gridlock," wrote Eric Aft, CEO of Second Harvest Food Bank of Northwest NC and Chair of Feeding the Carolinas
According to Feeding the Carolinas, SNAP typically provides nine meals to hungry people in North Carolina for every one that comes from a food bank.
What to do if you have SNAP
DHHS needs federal money to flow to make benefits available, Kappler said Tuesday.
But, he said, those who receive benefits should take steps to make sure they remain eligible for when the program starts providing funding again.
To that end, Kappler said that people should continue to apply for SNAP benefits at county Department of Social Services offices. Those offices will continue processing applications to avoid backlogs.
Anyone who has funds on their EBT cards as of Nov. 1 should, Kappler said, be able to use those to purchase food.
"No one should have to worry about whether they can feed their children or their loved ones. We are working hard to do what we can to mitigate this impact on you and keep you informed," Kappler said.
If a family is in immediate need of food, Kappler said, they should call 2-1-1 to seek local resources.
