Michigan AG Challenges USDA on SNAP Payments Amid Ongoing Shutdown

Legal Challenge Launched Against USDA to Ensure SNAP Funding During Shutdown

As the federal government shutdown continues, state officials and local advocates are raising alarms over the suspension of Supplemental Nutrition Assistance Program (SNAP) payments. The U.S. Department of Agriculture (USDA) has recently directed states to cease SNAP payments next month, citing insufficient available funds.

In response, Michigan Attorney General Dana Nessel has joined forces with other Democratic attorneys general to contest the USDA's stance. They argue that the federal government has emergency funds designated for such emergencies and have initiated a lawsuit against the agency.

During a press briefing in Lansing, Nessel emphasized the criticality of access to SNAP benefits, stating, “There is no reason for people who are eligible to receive SNAP benefits to not receive it. That is the exact reason for this contingency fund. And so, I think that the Trump administration is playing with people’s lives here.” According to the details in the lawsuit, Congress allocated $3 billion for 2024 and an additional $3 billion for the current year to maintain program functionality in urgent situations.

The USDA, however, argues that regulatory restrictions limit the application of these funds for upcoming SNAP expenditures. A document from the USDA states, “SNAP contingency funds are only available to supplement regular monthly benefits when amounts have been appropriated for, but are insufficient to cover, benefits. The contingency fund is not available to support FY 2026 regular benefits, because the appropriation for regular benefits no longer exists.”

To address the funding crisis, the USDA suggests that ending the government shutdown would be the most straightforward resolution. Nonetheless, a plan from the USDA released in late September indicates that multi-year contingency funds could be utilized for administrative costs at the state level during a shutdown.

Democratic leaders within the Michigan Legislature and the state’s congressional delegation are advocating for the USDA to recognize this guidance. U.S. Representative Kristen McDonald-Rivet (D-MI 8), who sits on the House Agriculture Committee, voiced concerns about the lack of progress on the shutdown, remarking, “It’s a lot of game playing. But this isn’t a game to people. We have seniors, people with disabilities; 40% of people on SNAP are children. We need to make sure people can eat.”

Additionally, local organizations focused on food assistance and elected representatives are anxious about the ramifications if neither federal nor state support materializes. Lansing Mayor Andy Schor highlighted the challenges facing local responses, stating, “We are going to step up for our residents, but none of that can match the power of the federal government and dollars that come from the SNAP program. So, we need this lawsuit to be successful, we need the government to be issuing these dollars.”